HomeMy WebLinkAbout1979 07-23 CCP Regular Session CITY COUNCIL AGENDA
_City of Brooklyn Center
July 23, 1979
7:00 p.m.
1. Call to Order
2. Roll Call
3. Invocation
4. Approval of Minutes - July 9, 1979
5. Open Forum
6. Performance Bond Releases:
a. Gallery of Homes, 6045 Brooklyn Boulevard "
b. Brookdale Ford, 2400 County Road 10
C. Moorwood Townhouses, 5800 Shores Drive
7. Resolutions:
a. Amending the 1979 General Fund Budget
-Will correct an error in an allocation of Street Department labor
involved in Shingle Creek Relation Project.
b. Accepting Quotations for Printing of Manager's Newsletter and Fall
and Winter Recreational Programs
-It is recommended the quotation of American Color Press in the
amount of $2,231 be accepted.
C. Authorizing Truck Rental for Central Park Site Grading (Project 1978 -41)
-These trucks will be used to transfer various soils from their present
location on site to areas where those soil types are required to meet
landscaping and development plans.
d. Postponing Bid Opening Date for Shingle Creek Parkway Project (Contract.
1979 -D)
Approval of plan for MN /DOT State Aid was not received until July 9,
1979. This did not allow adequate time for a distribution of plans
and for bidders to evaluate the project and submit bids by the scheduled
July 18, 1979 bid opening. Adoption of a resolution confirming a delay
to July 25, 1979 opening date is requested.
e. Accepting Proposal for Installation of Roofing on Salt Storage Building
-Two proposals have been solicited. Acceptance of the low bid is
recommended.
f. Authorizing Professional Service Agreement with ORR- Schelen- Mayeron &
Associates, Inc. for Study of Standby Power Provisions for Sewage Lift
Stations
- Development of a system and plan for standby power generation is.needed
to prevent sewer backups and /or discharge of raw sewage in the event of
power failure.
g. Accepting Revisions to the Critical Areas Plan
CITY COUNCIL AGENDA -2- July 23, 1979`
8. Planning Commission Items (8:00 p.m.):
a. Application No. 79018 submitted by Arthur Kvamme for a rezoning from
R -1 (single family residential) to R -3 (townhouse /garden apartment)
of an approximate 3;2 acre site located between 55th and 56th Avenues
at approximately Aldrich Avenue North. This item was tabled by the
Commission and referred to the southeast neighborhood advisory group
on April 12, 1979. Application No. 79018 was recommended for approval
at the June 14, 1979 Planning Commission meeting. Application No.
79018 was tabled at the June 25, 1979 City Council meeting and the
Council asked the developer.to investigate private convenants as a way
to insure owner occupied townhouses.
b. Application No. 79035 submitted by Brooklyn Center Industrial Park
for site and building plan approval for the Berger Brothers Retail
Sporting Goods Shop located on John Martin Drive, westerly of Perkins.
Application No. 79035 was recommended for approval at the July 12, 1979
Planning Commission meeting.
C. Application No. 79040 submitted by William - O'Brien Associates for site
and building plan approval for an addition to the existing MTC building
located at 6845 Shingle Creek Parkway. Application No. 79040 was
recommended for approval at the July 12, 1979 Planning Commission
meeting.
d. Application No. 79041 submitted by A. E. I. Design, Inc. /Bob Ryan
Oldsmobile for a special use permit, site and building plan approval
for an approximate 1,100 square foot used car sales office at Bob Ryan
Oldsmobile, 6700 Brooklyn Boulevard. - Application No. 79041 was recom-
mended for approval on July 12, 1979.
e. Application No. 79042 submitted by Melvin Gittleman for a variance from
Section 34 -140, 3c (3) of the City Ordinance (Sign Ordinance) to allow
two identification signs at the main entrance to the Twin Lake North
Apartments and Condominiums, 4500 -4710 - 58th Avenue North. Application
No. 79042 was recommended for denial at the July 12, 1979 Planning
Commission meeting.
f. Application No. 79044 submitted by P. J. Gaughan, Inc. for site and
building plan approval to construct a 48 unit townhouse development on
-
a 6.5 acre site located westerly of France Avenue at approximately 68th
Avenue North. Application No. 79044 was recommended for approval at the
July 12, 1979 Planning Commission meeting.
g.. Application No. 79045 submitted by Car -X Service Systems, Inc. fora
special use permit, site and building plan approval for a Car -X Muffler
Shop at 6810 Brooklyn Boulevard (previous approvals have been given for
this site under Application Nos. 76067, 77020 and 77025) Application
No. 79045 was recommended for approval at the July 12, 1979 Planning
Commission meeting.
CITY COUNCIL AGENDA -3- July 23, 1979
9.
Or
dinanc es
a. Amending Chapter 17 of the City Ordinances Relative to Residency
Requirements for Police Officers.
-The ordinance was first read on June 25, 1979, published on July 5, 1979
and is presented this evening for a second reading.
b. An Ordinance Vacating the Utility and Drainage Easement Existing on a
Portion of Lot 1, Block 1, J. R. Murphey Addition
-The ordinance was first read on June 25, 1979, published on July 5, 1979
and is presented this evening for a second reading.
10. Discussion:
a. Employee Assistance Program Contract Renewal
-A motion approving renewal is recommended.
b. Identification of Legislative Issues by the City Council for League
of Minnesota Cities
-It is recommended five major issues of importance to the City be
identified for Minnesota Cities Legislative Committees.
C. Industrial Revenue Bonds
- Explanation of problem of notice for public hearing and setting a
public hearing date. Three resolutions to set public hearing date.
d. Report on Noise Walls
Information requested at July 9, 1979 meeting.
e. Howe, Inc.
-(1) The appeal by Howe, Inc. from an administrative order of the City's
Building Official to remove the currently existing temporary
structure on their site.
(2) Report on the chemical analysis regarding damage to the private
lawns and what opportunity citizens might have in working through.
the City in seeking a solution to the problem.
(3) The possibility of a "phase out" of Howe, Inc. through ordinance
changes.
(4) Development of a chemical storage ordinance.
(5) Consideration of Explosive Permit.`
f. Selection of City Prosecutor, City Attorney
g. Human Rights Commission - No Fault Grievance Process
cCouncilmember Lhotka will give update.
j 11. Licenses
CITY COUNCIL AGENDA -4- July 23, 1979'
12. Gambling Licenses:
a. Father Donald Schumaker- Council • #6772, Knights of Columbus
-The City Council must act on the following.
Application for a Class B license (requires a majority vote
of the Council)
Waiver of a $10,000 fidelity bond (requires a unanimous vote of
the Council)
b. Earle Brown PTA
-The City Council must act on the following:
Application for a Class B license (requires a majority vote of
the City Council)
y Waiver of a $10,000 fidelity bond (requires a unanimous vote of
the Council)
13. Adjournment F L
C w ,C
i
FIRST WISCONSIN • MILWAUKEE
9� 3
July 16, 1979 J'
William E: Burmeister
Moorwood Homeowners Association
5845 Lake Curve Lane
Brooklyn Center, Minnesota 55429
Re: Moorwood Townhouses
Dear Mr. Burmeister:
This is to confirm our phone discussion of today's date wherin
a settlement sum of $2,250.00 was agreed u pon b the Board of
Directors of the Moorwood Homeowners Association covering all
claims against First Wisconsin.
In conjunction with payment of the settlement proceeds, a
general release must be executed by the members of the Moorwood
Homeowners Association. Also, a specific unit release must be
d f Curve Lane. Co
execute b he present owner o 5849 Lake ies
by Pe e P
of said release forms will be forwarded to your attention shortly.
Sincerely,
I
37 _ 1 q71�
Ben s Caputo
Mortgage Banking Officer
k
FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, 777 EAST WISCONSIN AVENUE, MILWAUKEE, WISCONSIN 53202
July 20, 1979
Dear Mayor Nyquist and Brooklyn Center Council Members,
Due to the fact that we will be on vacation Monday,
July 23rd, and unable to attend the Council Meeting, we
would like to re- emphasize our feelings regarding the
rezoning of the modern property.
We feel the property will be over -built for the
amount of area, if the property were rezoned. We feel
our area has a good variety of housing old and new and
the neighborhood is well taken care of.
Thank you for your consideration of this important
matter.
Mr. and Mrs. Roger Engstrom
5448 Bryant No.
z 0, 44-900 it .l rr J I rF �� 3 (..P• S
kh%J G.J Z:Y 'ui r f] i i I.,.+. Ysil .'vomit 1 Lt3
f - _ ^ _ Gerald Splinter, City Manager - F rom M ary Harty, Administrative Assistant_
io1,'a;; ca .low- up City Council Meeting of June 25, 1979
pate._..._......,._ _ J une 2b - - -- -___ _79 -
The following items will be scheduled on t July 23 Council agenda:
1, update on reports on dyi ng lawns and garde in Howe vi
2. U pdate on Central Park plans.
-also, Council woul l ike st to investigate with Brooklyn Pa s tatus
of dredging of creek in sma s ection o la nd near high - scho ol..
3. Applications. No. 79018 (Arthur Kvamme for r .
_ ^ _ 4. m discussion of alternative plan to solve problems P by _James ^ Talmage
(could also be scheduled for August. 13 �_
- 5_. 'Public hearing on Industrial Revenue Bond proposals for Dale Til e, Cass Screw,
Me dtronics.
of attorn us
that a l as
n
= Couciks discussion seleci char
- -- -- . _ _-- asks - .- __...._ R- disc s ion _ ton and be
_ ._ .�_ W
_ scheduled in near future. They intend_to research indi Do
-� you want additional staff research?
�OL,o FO AM "'
�;t, a= FO a_.:;. a.rWrl 536
MEMORANDUM
�
T0: Ronald A. Warren, Director of Planning and Inspection
FROM: Will Dahn, Building Official
SUBJECT: Performance Bonds Recommended for Release or Reduction
DATE: July 20, 1979
The following performance guarantees are recommended for release:
1. Brookdal a Ford
2500 County Road 10
Planning Commission Application No. 76054
Amount of Guarantee - $25,000.00 Performance Bond'
All work completed per approved plan, with exception of customer parking
area being specifically designated with signery, and no parking signs in
fire lane area in front of building. Recommending approval for total
release at this time at obligor's request, with condition that completion
of these items will be accomplished before bond is physically released.
2. Gallery of Homes Richard Kruger, obligor 6045 Brooklyn Boulevard
Amount of Guarantee $1,000.00 Cash Escrow
All Site improvements completed per approved plans, with additional
landscaping provided in excess of plans. Recommend total release.
3. Shores Townhouses (Now known as Moorwood Townhouses) 5800 Shores Drive
First Wisconsin Mortgage Company obligor Application No. 70012'
Amount of gurantee - $50,000.00 Performance Bond.
Recommending total release of bond with the following conditions:
1. New proposed developer post bond or cash escrow in an amount
to cover cost of balance of site work to be completed in
conjunction with development completion. Amount to be
determined by City Manager.
At a recent Council meeting when site and building plan approval was granted to
the Hot -Line Realty Company for completing the project, some members of the
Homeowner's Association voiced concern about releasing this bond 'before the
'Association was reimbursed for making certain building repairs.
I wi ll be prepared to review this matter with the Council or any members of
the Association present at the meeting.
Approved by ✓�- � G�_rt_.�./
Director of anning and Inspection
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET
WHEREAS, the City Council appropriated $218,729 in the 1978 General
Fund Budget for labor to provide construction and maintenance of the City's
streets and highways; and
WHEREAS, during 1978, certain street department labor totaling
" $22,524 was erroneously charged to the Capital Projects Fund rather than
the Street Department appropriation;
an
d
P
WHEREAS, during 1978, $163,652 of labor was correctly charged to the
Street Department appropriation; and
WHEREAS, a balance of $55,077 remained unexpended from the appropriation
at December 31, 1978 and was subsequently closed into the General Fund
Unappropriated fund balance; and
WHEREAS, the amount of $22,524 must be charged against the 1979
Street Department Budget and credited against 1979 Capital Project Fund
expenses; and
WHEREAS, Section 7.08 of the City Charter authorizes the City Council
to appropriate funds from unappropriated fund balance in an amount equal to
a previous appropriation if not, in fact, expended or encumbered for that
purpose in the previous fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the 1979 General Fund Budget to increase the Street
Department (Dept. No. 42) Labor Appropriation (Object No. 4100) by $22,524
to provide for the balance of 1978 labor transferred from the Capital Projects
Fund; and
BE IT FURTHER RESOLVED that said appropriation be funded from the
General Fund Unappropriated fund balance.
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:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
r
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Paul W. Holmlund, Director of Finance q,.,,,`*--
DATE: July 11, 1979
SUBJECT: Resolution For July 23, 1979 Council Meeting
I'have attached a copy of a resolution which, if adopted, will correct an
error in the allocation of $22,524 of Street Department labor involved in
the Shingle Creek relocation project during 1978.
This expense was budgeted for in the 1978 General Fund Street Department
Budget but, through a misunderstanding, was charged to the Capital Projects
Fund. (Only out of pocket costs were to be charged to the Capital Projects
Fund).
Since the misallocation was not discovered until the year had ended and the
unexpended 1978 Street Department appropriation balance had been closed to
the General Fund Unappropriated Fund Balance, the expense must now be charged
to the 1979 General Fund Budget and this resolution must be adopted so that
there will be appropriation to cover that expense.
PWH:ln
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF PRINTING OF
THE FALL AND WINTER RECREATION PROGRAMS AND CITY
MANAGER'S NEWSLETTERS
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for
the purchase of merchandise, materials or equipment, or any kind of
construction work by informal quotations when the amount of such contract
is less than ten thousand dollars ($10,000), and
WHEREAS, the City Manager has obtained quotations on the purchase
of printing of the fall and winter recreation programs and the City Manager's
newsletters and has determined that the quotation of American Color Press
in the amount of $2,231 per issue, totaling $4,462, is the best quotation
submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager be authorized to contract for the
purchase of prtining of the fall and winter recreation programs and City
Manager's newsletters in the amount of $4,462 from American Color Press.
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.
QUOTATIONS-FOR PRINTING OF THE FALL AND WINTER ISSUES
OF THE RECREATION PROGRAMS AND CITY MANAGER'S NEWSLETTERS
Cost Per Issue
American Color Press $2,231.00
Brooklyn Printing $2,420.70
RC Printing $3,000.00
Member intiodud the following resolution
and mowed its adoption:
UT'ION NO.
1E.9QLU110N AUTHORIZING THE RE TM OF TANDEM TRUCKS FOR
HAULING OF MATER IN CIDNJ'UNCTION WITH C'Ei'IRM PARK
GRADING PRW= NO. 1978 -41
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for
the purchase of merchandise, materials, or equipment, or any kind of
construction work by informal quotations when the amount of such contract`
is less than ten thousand collars ($10,000.00); and
SAS, the City Manager has obtained quotations on the rental
of trucks for utilization on Central Park Grading Project No. 1978 -41 and
has determined that the quotation of Steere & Boone Excavating Company,
in the amount of $26.00 per hour is the best quotation submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the City Manager is authorized to contract for
the rental of tandem trunks for utilization on Central Park Grading Project
No. 1978 -41 at the rate of $26.00 per hour fran Steere & Boone Excavating
Company-
Date Mayor
ATTEST:
Cl
The motion for the adoption of the foregoing resolution was duly seconded
by m tuber , 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,
e�
Member e following introduced th o
1owing resolution
and moved its adoption:
IMSCR,U1.''tC N M.
RE9QLUI'ION AMENDIM RESOLUTION NO. 79-133, ADOPTED JUNE 11,
1979, APPRCNING PIANS AND SPECIFICATIONS AND DIRFC"TlNG
ADVEMSEMU FOR BIDS FOR BRIDGE AND ROATJG+TAY CONI'Rtf,C'r
1979 -D
WHEREAS, Resolution No. 79 -133 adopted June 11, 1979, approved
..
plans and specifications and directed advertisement for bids for Improve-
ment Project Nos. 1978 -6, 1978 -45A, and 1979 -6 (Bridge and Roadway Contract
1979 -D); and
WHEREAS, subsequent to the adoption of said resolution, and sub-
sequent to the review of said plans and specifications by the Minnesota
Department of Transportation Office of State Aid, certain discrepancies
were discovered in the contract documents for Contract 1979 -D which requir
issuance of an addendum to said Contract; and
WFE✓REAS, the City Engineer has determined that an extension of
time be allowed the bidders bidding upon said Contract in order to enable
them to submit bids thoroughly prepared in accordance with said addendum.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota to amend so much of Resolution No. 79 -133 as
pertains to the date of the bid opening for Contract 1979 -D, to read as
follows -
"3. Bid date is set for Wednesday, July 25, 1979, at 11:00
o'clock a.m., central daylight time."
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 noved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING QUOTATION TOR, FCOFING PORTION CF
SALT STORAGE BUILDING IWROvEMU PROJECT No. 1978 -43
(CONTRACT 1979 -F)
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides
for the purchase of merchandise, materials, or equipment, or any kind
of construction work by informal quotations when the amount of such
contract is less than ten thousand dollars ($10,000); and
W fflREAS, the City Engineer has obtained quotations for Contract
1979-F which consists of the roofing portion of Salt Storage Building
Improvement Project No. 1978 -43 and said quotations were as follows:
Firm Quotation
G. A. Jacobson Roofing Company $6,630.00"
875 .00
V N' 6
Curran V. CXa�any, Inc.. $ ,
WHEREAS, the City Engineer has analyzed said quotations and has
found the apparent low quotation to be in order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, that the quotation of G. A. Jacobson Company,
Inc. in the amount of 6,630.00 as to furnishin g of all work labor, and
material in connection with the above - mentioned improvement project,
according to the plans and specifications therefor now on file in the office
of the City Clerk, is deemed to be the lowest and best quotation submitted
for said work by a responsible contractor and said quotation is hereby
accepted.
BE IT FC1RZIiER RESOLVED to authorize the Mayor and City Manager
to execute a contract with said contractor.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by meter , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
wter eupon said resolution was declared duly passed and adopted.
7P
Menbex' intmduoed the following resoluticni
` and roved its adoption:
UTION NO.
RESOLUTION Atfl'HORIZING PROFESSIONAL SERVICES AGREEMENT
FOR STUDY OF STANDBY POWER PROVISIONS FOR SEkJAGE LIFT
STATIONS
BE IT RESOLVED BY THE cOuNCIL OF THE CITY OF BROOKLYN CENTER,
MAZWOM that the Mayor and City Manager are hereby authorized to enter
into agreement with the firm of Orr- Schelen- Mayeron and Associates, Inc.
to conduct a study of the City's need for standby power provisions for
its swage lift stations, the cost of said study not to exceed $3,900.
Said costs shall be charged to the Public Utilities fund -Sewer Department.
Date Mayor
ATIEST:
Clerk
The imtion for the adoption of the foregoing resolution was duly seconded
by mm , and upon cote 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
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING REVISIONS TO THE CRITICAL AREA
PLAN
WHEREAS, the City Council has passed .a proposed Critical Areas
Plan in accordance with The Minnesota Critical Areas Act and Executive
Order No. 130 by the Governor of the state of Minnesota; and
WHEREAS, the Metropolitan Council staff has reviewed the proposed
Critical Areas Plan in light of the Standards and Guidelines for Preparing
Plans and Regulations for the Mississippi River Corridor Critical Area and
have suggested that certain revisions be made; and
WHEREAS, City staff and the Critical Area Planning consultant have
received the suggested revisions and concur with them.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the following revisions to the City's
Critical Area Plan, required by the Metropolitan Council, be approved:
1. The location of flood plains will be included on the
"Critical Area Features" map. e&c
2 Policies regarding riverbank erosion control and
vegetation management will be added.
3. The route of the Great River Road through the
Brooklyn Center Critical Area will be indicated on
the "Development Opportunities map.
4. Policies regarding utilities river crossing will be
added.
5. The City's position on its preferred use of the river
surface (recreation, industry) will be made more
explicit in the text.
6. The possibility of the City's acquisition of land east
of Lyndale Avenue south of River Ridge Park will be
mentioned. It shall be emphasized that the City will
not pursue a program of land purchase but will rely on
donations of land in this location. This land may then
be utilized as public open space, river overlooks, and
riverbank protection. The "Development Opportunities"
map will be amended to reflect this possibility.
7. The "Critical Area Plan" map will be amended to indicate
a regional trailway in the following alignment: across
69th Avenue to at; upgraded T.H. 169, along the east side
of T.H. 169, under the Interstate 694 bridge, through
River Ridge Park, and along Lyndale Avenue to the City
'- of Minneapolis. The text will be amended to reflect this
change, also. The proposed bicycle /pedestrian river
RESOLUTION NO.
crossing at Interstate 694 will be deleted. The
Capital Improvements Plan will be amended to indicate
the funding sources for this regional trailway to be
the Great River Road Program (Federal Highway Admini-
stration) and the Metropolitan Council Regional Trails
Program.
A trailway along an upgraded T.H. 169 may possibly
still be developed using funds from the Minnesota
Department of Transportation as part of the upgrading
of that facility.
A bicycle /pedestrian trail -along 57th Avenue connecting
to the regional trailway may still possibly be developed
utilizing funds from the Brooklyn Center General Fund.
8. The Proposed Critical Area Overlay District Ordinance
will be amended in the following manner:
a. "Utilities" and "bluff- line" will be defined.
b. _It shall be specified in Section 11 -2.2A that,
although single and two - family residential
structures are exempt from the need to prepare
a site plan for approval under these regulations
before development approval is granted by the
City, such developments must still comply with
the site planning standards set forth in Section
2.5.
C. Section V -5.01 shall be amended, deleting the
reference to "inconsistent" locations or uses.
d. The location of the flood plain will be indicated
on the Critical Area map.
e. Regulations pertaining to tree- cutting on sites
already developed will be added.
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.
,, ` - • Meeting
Madsen Floral and the five other property owners involved in
the R -3 joining petition wish to inform the adjacent property owners
that have previously recieved notices from the Brooklyn Center City
offices, of a meeting to be held on Monday July lb, at the Brooklyn
City High, Room 33 at 7:30 P.M.
The meeting will explain the written agreement drawn up by the legal
• council and signed by the six property owners involved in the rezoning.
The agreement will jointly and individually restrict anyone purchasing and
developing the area to be rezoned, to construct townhouse units that
will each be placed on a seperate platted lot that would require individual
ownership of each dwelling unit.
The six property owners will answer questions and desire the
opportunity to correctly explain several statements that have been
made about the rezoning petition.
..ems
.AGREEMENT
THIS AGREEMENT, dated the /3 day of July, 1979 and entered into by
and between, Madsen Floral Company., a Minnesota corporation, Olga Madsen, a `
widow, Edwin A. Trombley and Lorraine E. Trombiey, husband and wife, Myra
Swennes, a widow, Darlene Walter, single, James F. Shetler, single, and John
M. Hansen, single.
WHEREAS, the parties to this Agreement are fee owners of the following
described tract of land situated in Brooklyn Center, Hennepin County, Minnesota,
to -wit:
The West i of Lot 40 and 47, the North 168 feet of the .East a
of Lot 46 and the South 168 feet of the East a of Lot 46, and,
WHEREAS, the parties hereto jointly seek to use their property in the most
suitable and economically advantageous way, and,
WHEREAS, the described tract.is well suited for single family condominiums
of not less than two or more than four units horizontally attached in a linear or
cluster arrangement, and whereas, the individual dwelling units should be separated
from each other by a wall or walls extending from foundation to roof, and, whereas,
each unit should be located on a separate platted lot, and, whereas, characteristic
features of such a development should include individual ownership of dwelling units,
common (non- public) ownership of open areas, site amenities, and recreational
facilities, and,
WHEREAS, use of the described tract for single family residences, or
continued commercial use represents inadequate utilization of the land and land
locks a substantial tract of land, and,
WHEREAS, use of the described tract for construction of single family
condominiums can be done without changing streets, sidewalks and utilities there-
.
by avoiding special assessments to other landowners, and, whereas, such use will
beautify the tract of land, improve and enhance values of adjacent land, and make
the land use more compatible with existing use of adjacent land, and,
WHEREAS, use of the described tract for construction of single family
condominiums places responsibility for the maintenance of roadways in the tract
upon individual owners.
NOW, THEREFORE, the parties hereto agree that if the described tract is
zoned R3 by the ,Brooklyn Center City Council, they hereby and herewith agree for
themselves, their heirs and assigns to limit the buildings placed upon the tract to
singly: family condominiums of not less than two or more than four units horizontally
attached in a linear or cluster arrangement.
THEY FURTHER AGREE for themselves, their heirs and assigns that
individual dwelling units will be separated from each other by a wall or walls
extending from the foundation to the roof and that each unit will be located upon
a separate platted lot.
THEY FURTHER AGREE for themselves, their heirs and assigns that
the development will include individual ownership of dwelling units, common
(non - public) ownership open areas, site amenities, and recreational facilities.
MADSEN FLORAL COMPANY
By .
�
Its .�-�' President.
(SEAL)
_ Its
• Olga Ma sen
Edwin A. Trombley
4 or , ine E. Trombley
IVl a Sw enne s
Darlene Walter
t t
I �
No -4
JaInes F. Shetler
ohn M. Hansen
-2_
STATE OF MINNESOTA `) '
• ) «
ss,
COUNTY OF HENNEPIN )
On this 13 day of July, 1979, before me, a Notary Public within and for
sai County4)ersonally appeared B J4t� c, and
to me p sonal y known, who, being each by
me duly sworn did say that they are respectively the President and the
of the Corporation named in the foregoing instrument, that the seal affixed to said
instrument is a corporate seal of said corporation and that said instrument was
signed and sealed on b half of s aid corporation by the a thority of its Board of
Directors and said �c and ,&AeAu, �w
acknowledge said instrume4it to b the free act and deed of said corporation.
14 X/0
Arl ." J. PETERSON
N'3tcry PuF' -aepin Counjy, Minn.
. STATE OF MINNESOTA )
s s..
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this r '3 day of
July, 1979, by Olga Madsen, a widow, Edwin A. Trombley and Lorraine E.
Trombley, husband and wife, Myra Swennes, a widow, Darlene Waiter, single,
James F. Shetler, single, and John M. Hansen, single.
Art ':A ' PETERSON
dotary Put.lic, r' ancepin Cositiy, Minn
My Comma, ; ?or. Ex , ,:res Apr. 3, D81
-3-
N11%7 � $gN'�N11��15 f 530 t. th ��rs•t�� +,�i,�sew� ,3�, s „i
'THIS 15 A RSPORT 10 — Mm SIXTY -Elaff '14EIG BOBS IM SIGNM'M PETITION
' AGADV.ST '17X p jWMSE D IMMMG cF ME Mn= FLORAL. MWANY'S PROPERT7t
IN= Neighbors:
gjrst, we should congratulate ourselves on the great job we did at the .
June 25 City Council meeting. About 40 velghbors were there, I would guess,
and Council members have told me they were impressed by the serious and
seasonable arguments of our many speakers.
Those of you who were at that meeting know that the Council tabled the
?Madsen rezoning question until July 23- They ordered'Mr. Kvamme to write
a purperty owners covenant and present it to us neighbors. The Council
?popes that Kvamme will act in good faith, and that w e will be able to come
to some sort of a ccmpron►ise. Since the might of the council meeting, I
have met with Mayor Nyquist, Councilman Lhotka, and Councilman Kuefier_
I have scheduled a meeting with Councilwoman Scott, who ves absent from the
June 25 meeting.. Everyone,-so far, recognizes and—accepts—the absolute nec-
essity of our having ari•enforceable guarantee that our neighborhood will not
be downgraded by a crowd of cheap, high- turnover rental units. If we keep
the pressure on , there is little danger that the City Council will "railroad”
the rezoning through, to the detriment of the neighborhoods
Since the night of the council meeting I have also talked to the city
attorney to learn something about property owners' covenants--what they can
and can't regulate. Then I got a "second opinion" from a private attorney
who was willing to give .me telephone advice (limit, one call) free of charge.
IN THE COURSE OF MY MEETINGS WITH COUNCIL MEMBERS AND MY PHONE CONVER-
SATIONS WITH TINS Two ATTORNEYS, I WAS GIVEN THE FOLLOWING ADVICE:
1. We must have another big crowd at the next meeting of the City Council.
If we don't, Mr. Kvamme will have an easier time convincing the Council
members that we aren't all that serious about fighting for our neighbor-
hood's ^quality of life." (Note: Many of the people ro:ho came to the
June 25 meeting will be out of town en July 23. That means that some of
you who didn't come on June 25 will have to sharup on July 23 if we are
to have the necessary crowd_)
2: We would be wise to form a neighborhood non - profit association to
represent us in our dealings with the Council and•a-ith Mr. Kvamme and
bis attorney. .(After this business is finished, our organization could
get to work on the Bellevue Park problems.) I assume that all of you
+? who signed the petition would be willing to become members of such an
association. Some of us discussed it during the week I circulated the
petition, but we weren't thinking of - an official, state registered
--Am-profit organization. Anyway, after being so advised, I sent for
an "Articles of Incorporation" form from the State Office Building.
Five people in the immediate neighborhood have agreed to act as "incor-
porators" on behalf of the entire group.
The organization, tentatively called the Bellevue Park Neighborhood
Improvement Association, ,.-ould need some money to get started and to
deal with the Madsen rezoning problem- (Filing and recording the Arti-
cles; of Incorporation costs $15, and I can't keep on "borrowing" my
friends copying machines -) But mostly we need a couple of hundred
dollars in case we have to hire an attorney to check Mr. Kvamme's
covenant for loop - holes, and to insert language which will protect our
. .. - st
irste . rests. is afiout as reasonable a mcnbership' -
fee as we can manage, but we think it appropriate that retired people.
living an small fixed incomes should only pay 52.00.to.join.
Ir YOU AIM W111XNG TO JOIN THE BEI3.EvM pARK NaGdiBdW=D IMPROVEM:T ASSO-
CIA=ON, PLEASE LET ?:E Mow BEFORE MMMAY, JULY 15. DON* ' SE7TLl MMXV! CALL
NE AT 560 -0432 IF YOU HAVE QUEST1014- t7=Aa=, MXJ11 1E1JF1' 's3Z FOLLOW -
ING 7EAR4N7 FORM TO MY MAILBOX.
.... .............. ..... . ..........,.... ........ ..............................
JWDFXSS
MME xv!MER
I would like to join the Bellevue Park t7righborbo+od Improve" ent Association.
I can afford to pal* a membership fee of: 55.00 $2.00
(please check one)
Return to: Clary H. Simmons
5530 Camden Avenue North
x MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE
CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
July 12, 1979
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order at 7:34
p.m. by Chairman Hal Pierce.
ROLL CALL
Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Also
present were Director of Planning and Inspection Ronald Warren, Superintendent
of Engineering James Noska, and Planning Assistant Gary Shallcross. The Secretary
stated that Commissioner Hawes had notified the Commission at the June 28, 1979
meeting that he would be unable to attend the meeting of July 12, 1979.
APPROVAL OF MINUTES June 28 1979
0mm1ssi6ner Malecki noted that she arrived at 8:15 p.m. Commissioner Erickson
noted that he will be able to attend the July 26 meeting and Commissioner Lucht
poi -need out that he will be unable to be at the July 26 meeting. Motion by Com -
missioner Lucht seconded by Commissioner Erickson to approve the minutes of the
June 28 .meeting as corrected. Voting in favor: Chairman Pierce, Commissioners
Malecki, Theis, Lucht and Erickson. Voting against: none. Not voting: Com -
missioner Manson. The motion passed.
APPLICATION NO. 79035 (Broom Center Industrial Park }�
Ater the Chairman's explanation, the first item of business was Application No.
79035 submitted by Brooklyn Center Industrial Park for site and building plan
approval of a 10,245 sq. ft. retail sporting goods store. The Secretary pointed
out that the building would be located on the 1.35 acre portion of the easterly
half of Tract N, R.L.S. 1325, south of John Martin Drive and west of Perkins
Restaurant. He stated that 8,820 sq. ft. of the building is designed for retail
sales area and 1,425 sq. ft. for storage. He noted that the property is zoned
for C'.'21-and that retail sales of sporting goods is a permitted use for that zone.
The storage or warehouse space, he said, is considered accessory to the principal
"permitted use and does not constitute a conflict with the zoning. He noted that
the plan provides for the minimum required 85 parking stalls (two designated for
handicapped at the northeast corner of the building and adjacent to a` service
ramp). He pointed out that the layout shows a 5 ft. green area along the south-
east property line and a 7 ft. green area along the east property line in keeping
with the City standards. In addition; he said, a 15 ft. green area (from the
property line) is provided along John Martin Drive.
The Secretary pointed out that the property shares a 30 ft. common driveway with
the neighboring parcel (proposed for the St. Louis Park Medical Center) which-is
divided evenly by the west property line. Appropriate access and common roadway
agreements will be necessary, he said. The Secretary also pointed out a single
14 ft. loading bay at the south end of the building._ The Secretary indicated
that the parcel is fairly level, varying no more than three feet over the entire
site. Drainage, he said, would generally be in a westerly direction with the
north portion of the site draining toward John Martin Drive and the southerly
portion of the site draining to`the northeast and toward a low area in the
common driveway.
7 -12 -79 -1-
The Secretary briefly reviewed the landscape plan, noting that it indicates a
4 ft. high berm in the green area adjacent to John Martin Drive and a 2 ft. high
berm around the loading dock area. Plantings for the site include Skyline
Locusts, Hackberry and Black Hill Spruce, Pfitzer junipers and Japanese bar -
berries. He also noted that the two traffic islands_in the parking lot were
proposed for landscape treatment.
Commissioner Erickson asked when the plans for the St. Louis Park Medical, Clinic
would be considered by the Planning Commission. The Secretary answered .tzait ".:the ,
medical clinic is in the process of scaling down its plans and would probabty
.. ry
submit them for review in either August or September. In answer to Commissioner
Theis, the Secretary indicated that an underground irrigation system would be
provided in all locations on the site other than the parking island.
Chairman Pierce inquired as to signery permitted.. The'Secretary explained that
the development would be entitled to one freestanding sign at the common entrance,-'
a directional sign, and wail signs based on the square footage of thebiat"ng.
Chairman Pierce asked the Superintendent of Engineering whether he was - satisfied
with the development plan. The Superintendent of Engineering answered that the r
capacity of the catch basins on the site was subject to change and that he was.
not entirely satisfied with the drainage plan.
The Chairman then called upon the applicant:to speak to the proposal. Mr. Beisner
noted that the irrigation system would be omitted from the parking area. He also
indicated that the plan for the medical center should .be submitted no later than
September. In response to Chairman Pierce, Mr. Beisner'explained that the common
driveway would extend all the way to the south property line with the cost assessed
to both properties by the Industrial Park. The Secretary pointed out the existence
of a 15 ft. easement along the southeast property line and requested that the
applicant indicate the use of that easement in the plans prior to Council approval.
A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 79035 (Brooklyn Center Ind..Park)"
Motion by Commissioner Lucht seconded by Commissioner Malecki to recommend
approval of Application No. 79035, site and building plan approval for a sporting
goods store on the easterly half of the Tract N, R.L.S. 1325, located on John
Martin Drive, subject to the following conditions.
1. The building plans are subject to review and approval by the
Building Official with respect to applicable codes prior to
the issuance of permits.
2. Grading, drainage and utility plans are subject to review
and approval by the City. Engineer prior to the issuance of
permits.
3. A 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.
4. The building shall be equipped with an automatic fire
extinguishing
s m eet NFPA S
system to Standard N and tan o . 13 a
sh al l
R
9 9 y s
be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances. "
5. All outside trash disposal facilities and/or rooftop
P
mechanical equipment shall be appropriately screened from
view.
7 -12 -79 -2-
I
6. 8612 curb and gutter shall be provided around all driving and
parking areas.
7. An underground irrigation system shall be provided in all
sodded and planting areas to facilitate site maintenance.
8. The property shall be subdivided through platting or
registered land survey.
9. A joint access agreement for the common driveway shared by
their property and the property to the west shall be approved
by the City Engineer prior to development of the parcel to
the west. The agreement shall be filed with the title to the
property.
10. Plan approval is exclusive of all signery which is subject
to the requirements of Chapter 34 of the City Ordinances.
11. The applicant shall enter into a standard utility maintenance
agreement as approved by the City Engineer.
.Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht
and, Erickson. Voting against: none. The motion passed.
APPLICATION NO. 79039 (Embers)
'fie next item of consideration was a request to extend siteand building plan.
and special use permit approval for a 172 seat Embers Restaurant to be located
on James Circle south of Freeway oulevard ( adjacent to and.southerl
Y � J Y of the
bowling alley site). The Secretary explained that a special use permit is
required for - C2 use in the I - 1 district by Section 35 -330 (3) (f). Under the
Zoning Ordinance, he said, special uses which do not commence within one year
of the date of the Council approval must apply for an extension. This appli-
cation is in response to that requirement.
The Secretary recalled that the application was approved by the City Council on
July 24, 1978. Since that time, he stated, Embers Restaurant has undertaken a
redesign program to increase energy efficiency in its new and existing restaur-
ants. He noted that the alterations will not alter the basic site plan or
structural design of the building; nor will they.change the customer seating
capacity or the number of employees. The Secretary pointed out that the plan
indicates 93 parking stalls, one more than required by the ordinance.
Chairman Pierce then asked the applicant to speak to the proposal. Mr. Kristal
of Mr. Ems Corporation explained that the redesign program for energy efficiency
was aimed primarily at developing a way to recycle the heat generated by cooking
and did not pertain especially to the exterior of the .building. He also stated
:that he hoped to begin.construction by next spring.
Commissioner Erickson asked what would be required in terms of a review if
construction did not commence within another year. The Secretary answered that
a total res ubmission of the plans would probably be necessary at that time.
Chairman Pierce asked whether rooftop mechanical equipment would be screened
from view under the approval of the plans. The :Secretary explained that this
requirement was part of the original approval and is included in the extension.
7:12 -79 -3-
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79039 (Embers)
Motion by Commissioner Theis seconde , by Commissioner Erickson to recommend
approval of the extension of site and building plan and special use permit
approval for the Embers Restaurant on James Circle subject to the following
conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to current applicable codes
prior to the issuance of permits.:
2.. The special use permit is issued to the applicant as operator
of the facility and is nontransferable.
3. All conditions agreed to in the previous appli.caLions-are
extended with approval.of site and building plans and the
special use permit.
4. Any changes in the site and building plans will require
review and approval by the Planning 'Commission and City
Council prior - to the issuance of permits.
Voting in favor: Chairman Pierce, Commissioners Malecki,- Theis, Manson, Lucht
and Erickson. Voting against none. The motion passed.
Application No. 79040 (Will Tams- O'Srien Associates for MTC)
The Secretary introduced the next item of business, site and building plan
approval for an addition to the existing MTC Garage located at 6845 Shingle.•.
Creek Parkway. The Secretary pointed out that the site is bounded on 'Ghe',.north
by Shingle Creek Parkway, on the west by Shingle Creek, on the east by the
planned Spec. 9. industrial site, and by vacant industrially zoned property to
the south. The Secretary stated that the applicant proposes to construct a new
223 stall parking lot to accommodate an expanded operation which would include
construction of a driver and dispatch area on the south side of the building,
a new boiler and mechanics area on the north side of the building and a new
maintenance area and bus area on the west side of the building. Internally, a
new service bay area would be constructed. He stated that the expansion would
increase capacity to 200 buses and it is anticipated that normally there would
be no more than 175
y
buses on the site. He noted: that the MTC estimates the
maximum number of employees on the site at any one time to be approximately
100. He also pointed out that the total parking on the site plan amounted to"
337 spaces, six of which would be handicapped stalls. The parking provided,
he said, exceeds the ordinance formula based: on the number of employees as well
as the square footage calculation.
The Secretary explained that the new driver - dispatch area on the south would
include lockers, lavatories, a drivers lounge, a dispatch area as well as some
offices. He indicated that the new boiler and mechanics area on the north side
would include space for storing sand, salt and dirt and a lunch room. The new
maintenance area he said, include space equipment 9
ce for.. arts and a ui nt story e
P q .
an area for mechanical work, a foreman's office, and an advertising shop. The
bus traffic flow would be such uc that buses would enter the site from Shingle
9e
,Creek Parkway at the northwest entrance, enter the building at the southwesterly`.
side of. and then continue through the building to the drivers area:-
where the drivers would leave the buses for runners to continue with the
servicing and parking of the-vehicles. For the most part, he stated,' buses
would not leave the building for servicing and parking. The only times buses
would be expected to be outside the garage would be during arrival and depart-
ure of scheduled routes.:
7 -12 -79
With respect to the landscape and berming plans, the Secretary noted that the
;applicant proposes to extend the existing berm on the westerly portion of the
site, between the building and the Shingle Creek greenstrip, southerly around
the new parking lot to provide screening from the greenstrip. He pointed out
that the City is currently holding $20,000.00 of a site performance bond posted
by Rauenhorst Corporation for landscape and other site improvements-underthe
griginal.approval. He reported that Rauenhorst has indicated they will complete
their portion of the site work. At the time of the original approval, he said,
landscaping south of the building in the area of the new parking Tot had been_
deferred in anticipation of the expansion of the MTC Garage. The Secretary
stated'that the applicant has submitted a landscape plan that indicates
additional trees and plantings throughout the site as well as for the deferred
area. They also propose to relocate existing trees and shrubs affected by the
expansion, he said.
The Secretary noted that staff had encouraged the applicant to consider the
possibility of having joint access- with Spec. 9 building on the eastern
portion of site. He stated that they are willing to cooperate with,regard to
such an access and will be pursuing this further although the submitted plans
do' "not indicate a joint access. The Secretary also noted that the plan shows
the exterior finish of the new additions to be compatible with the existing
building, that being precast concrete panels with a vertical scoring texture.
Chairman Pierce inquired about additional curb cuts. The Secretary replied that
one additional curb cut is proposed in the plan, but would not be served by a
.median cut. Chairman Pierce asked where the median cut would be located The
Secretary answered that he and the Superintendent of Engineering are working on
plans for median cuts along Shingle Creek Parkway. He said the attempt has been
to serve three to four parcels at a time, keeping median cuts as far apart as
possible.
Commissioner Theis asked whether there were any restrictions on outside parking
in the Industrial Park. The Secretary answered that outside storage in the
Industrial Park is prohibited except for vehicles. The Planning Commission,
he said, could tell the applicant that inside garage space should be utilized
as much as possible.
In response to Commissioner Malecki, the Secretary indicated that the City would
release the present $20,000.00 performance bond held against previous site work.
A new bond would be held the proposed landscaping. He noted that berming on
the south side of the site is being extended towards Shingle Creek. Commissioner
Theis pointed out that no sizes had been designated for the trees proposed for
the site.. The Secretary explained that 21- to 3 inch diameter trees are the
usual requirement under the City Ordinance. Commissioner Theis asked that the
q y
size designations be added to the landscape plan before final approval
In response to further questions from Commissioner Theis, Mr. Paul Strother
of Williams= OBrien Associates stated that the applicant intended to begin
construction on the addition this coming fall and that the extra parking stalls'
on the site would provide space for buses to turn around and that no buses
would be stored outside.
In answer to Commissioner Lucht, Mr. Strother stated that the MTC buses would
be switching to fuel oil from LP gas. In response to questions from Chairman
Pierce, Mr. Strother stated that the facility would house 175 buses normally;
but could accommodate up to 200 at one time. 'Commissioner Theis asked whether
there was any change proposed for the existing berm on 69th Avenue North. An
associate of Mr. Strother answered that the berm would remain pretty much as
is with some added undulation. The Secretary generally commended the screening
job proposed by MTC along Shingle Creek.
7 -12 -79 -5-
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79040 (MTC GARAGE}
Motion by Commissioner Erickson seconded by Commissioner Theis to recommend
approval of Application No. 79040 site and building plan approval for an addition
to the MTC Garage located at 6845 Shingle Creek Parkway, subject to the following
conditions:
1. Buildin plans are subject to review and approval by the
9 P pP
the Building Official with respect to applicable codes
prior to the issuance of permits.-
2. Grading, drainage, and utility plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
3. A Performance Bond and supporting financial guarantee (in an
amount to be determined by the City Manager) shall be submitted
to assure completion of approved site improvements.
4. The building additions shall be equipped with an automatic
fire extinguishing system to meet NFPA Standard No. 13 and
shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
5. All outside trash disposal equipment and rooftop mechanical
equipment shall be appropriately screened from view.
6. B612 curb and gutter shall be provided around all driving and
parking areas.
7. An underground irrigation system shall be provided in all
sodded and planting areas to facilitate. site maintenance.
8. Plan approval acknowledges that the applicant is willing to
share a common access onto Shingle Creek Parkway with the
property immediately to the east.
9. The plans shall be amended to indicate 2k to 3 inch trees on
the landscaping plan prior to the issuance of permits.
10. The applicant will enter into an agreement with the City under
the approval of the City Engineer for acquisition of additional
Vol street right -of -way for the purpose of realigning Shingle Creek
Parkway adjacent to the bridge over Shingle Creek.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht
and Erickson. Voting against: none. The motion passed._
APPLICATION NO. 79041 (A.E.I. Design for Bob Ran Oldsmobile)
The Secretary introduced the next item of consideration, site and building plant
approval for an 1,148 sq. ft. used car sales office at 6700 Brooklyn Boulevard,
a special use in the C2 zone The building, he explained, would be 28' x 41'
constructed south and east of:the existing sales building on top of a concrete
platform covering the center of the sales area. The new sales office, he
said, will contain four offices and a lounge area,. It will be connected to
the main sales building by a canopy establishing a consistent roof line for
the new and existing buildings. The Secretary pointed out that the proposed
building will be serviced by two handicapped parking stalls, fulfilling State
handicapped access requirements of one space per 50 regular parking spaces.
He explained that both buildings are accessible by means of a ramp leading to a-
12 ft. wide open area between the areas.
7 -12 -7 -6
The Secretary noted that the exterior treatment of the new sales office will be
similar to the existing building and roof. He pointed out -that a planter is
proposed at the southwest corner of the structure.
PUBLIC HEARING
Noting that the application involves a special use permit, the Chairman opened
the meeting for a public hearing. The Secretary suggested that the approval of
the application be subject to an additonal condition, that drainage aspects of
the plan be subject to approval by the`City Engineer.
Commissioner Theis asked how an estimate was made of parking needs. The
Secretary replied that it is difficult to estimate the needed number of spaces.
Staff, he explained, had used the commercial retail space formula in calculating
proof of parking requirements. To a- certain extent, he said, parking needs are
a self - regulating - requirement.
Chairman-Pierce noted that the landscape plan showed extensive landscaping in
the central sales area. He asked whether the bond presently held by the City
would be adequate to cover the new site improvements. The Secretary answered
that he would check with the Building Official on this, but was fairly satisfied
that the existing bond would be adequate. In answer to a question from Chairman
Pierce, the applicant (the architect from A. E. I. Design) explained that the
new building is intended to relieve crowding of staff in the existing building.
CLOSE PUBLIC HEARING
Noting that no one else was present to speak to the proposal, Chairman Pierce
called for a motion to close the public hearing. Motion by Commissioner Lucht
seconded by Commissioner Manson to close the public hearing. Motion by Com-
missioner Lucht seconded by Commissioner Manson to close the public hearing.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Lucht, Manson,
and Erickson. Voting against: none. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79041 (Bob Ryan Oldsmobile)
Motion by Commissioner Manson seconded by Commissioner Erickson to approve
Application No. 79041 for site and building plan approval of a 1,148 sq. ft.
used car sales office and a special use permit for car sales in the C2 zone,
subject to the following conditions:
1. The building plans are subject to review and approval by the
Building Official with respect to applicable codes prior to
the issuance of permits.
2. All outside trash disposal equipment and/or rooftop mechanical
equipment shall be appropriately screened from view.
-3. Plan approval is exclusive of all signery which is subject to
the requirements of Chapter 34 of the City Ordinances.
-4. The special use permit is acknowledged for continued approval,
is issued to the operator of the facility and is nontransferable.
5. The special use permit is subject to all applicable codes
ordinances and regulations and any violation thereof shall be
grounds for revocation.
6. The performance bond currently held for site improvements
under Application No. 78001 shall be retained to assure
completion of approved site improvements.
7 -12 -79 :_7_
7. Grading, drainage and utility plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Lucht, Manson
and Erickson. Voting against: none. The motion passed.
APPLICATION NO. 79042 (Gittleman Corporation)
The next item of business was Application No. 79042 submitted by Mr. Mel
Gittleman, a request for a variance from Section 34 -140, 3C (3) of the Sign
Ordinance. The Secretary explained that this ordinance provision allows only
one freestanding identification sign not to exceed 36 sq. ft. in area at each
major entrance to a multiple - family residential development. The applicant,
he pointed out, desires to place two identification signs totalling 36 sq. ft.
in area at a single common entrance to the Twin Lake North Apartments and the
Twin Lake North condominiums
The Secretary stated that the applicant has argued in a letter of application
that the ordinance requirements for a variance from the Sign Ordinance are met
because:
1 The driveway extending into both developments creates a hardship
because it is divided.generally by the municipal boundary of
Brooklyn Center and Crystal, and the topography is poor on
the Crystal side of the entrance.
2. The situation is unique in that the main entrance serves two
separate developments, one in Brooklyn Center, one in Crystal.
3. The granting of the variance will not be detrimental to the
public welfare or injurious to other property because the
total of the signs is within the maximum allowed by the
ordinance.
The Secretary referred the Commission to Section 34 -180 containing the
Standards for-Variances from the Sign Ordinance. He stated that he did not
feel . the proposal met the requirements listed therein. A consistent reading of
the Sign Ordinance, he said, requires that only one freestanding identification
sign be allowed per major entrance to a clustered establishment. No matter how
many businesses or other uses share a common entrance, only one freestanding sign
is allowed for identification purposes at each entrance. The applicant's
situation, therefore, does not seem unique, he stated.
He also stated that a hardship is not demonstrated in this case apart from the
applicant's aesthetic judgment which is considered too subjective a basis for
determining hardship. The applicant, he pointed out, will not suffer a
particular hardship under a literal reading of the ordinance since he will be
entitled to one 36 sq. ft. freestanding sign, as would be allowed in any similar
circumstance.
Finally, he argued, the variance, if granted, would not greatly improve the
visibility of the complex, but could pose a safety hazard by possibly construing
the common entrance as separate entrances, divided by a median. The proposal,
therefore, seems at least potentially detrimental to the public welfare inasmuch-
as it creates a potential traffic hazard, he said_ The Secretary then showed
the Commission the proposed location of the two signs at the entrance to the
Twin Lake North complex. He pointed out what he considered to be the possibil%ty
for confusion from the two signs and the divided median. He also noted that the
applicant is not planning on putting a;;sign.at: the other entrance to the complex_
7- 12 -79°
Chairman Pierce called on the applicant to speak to the proposal. Mr. Gittleman
stated that under ordinance, he would be allowed two freestanding signs of 36
sq. ft. each plus - another 36 sq. ft. sign erected on the Crystal side of the
boundary. The proposal he had put forth, he said, would be aesthetically
superior to this option. He argued that the property is unique because it is
:divided by a city boundary. Chairman Pierce asked Mr. Gittleman if he had any
directional signs erected inside the complex. -Mr: Gittleman stated that he did
not yet have any such signs,''but planned on putting them in. He added that he
was willing to condition.approval of the Sign Ordinance variance on giving up
the other signery he would be allowed in Crystal and at the other major entrance.,
Chairman Pierce asked whether signs on both sides of a major entrance was a
common practice. The Secretary pointed out that Mr. Dietrich, the developer
of The Ponds project, sought two 36 sq. ft. signs. The Secretary suggested
that <if .the Planning Commission feels the split in square footage in requirements
is appropriate, it should consider an ordinance amendment rather than approve
h
the variance in question. Mr. Gittleman stated that he thought the ordinance
was probably referring to commercial developments rather than residential when
it prohibited more than one freestanding sign at a major entrance. The
Secretary answered, however, that the ordinance does differentiate between
n
a e provision for one free-
residential and commercial permitted si ns and th t th
et
p
9
standing sign per major entrance in each zone.is explicitly stated.
Mr. Gittleman stated that -to him the proposal made sense aesthetically and
assured the Commission that he was acting in good faith in his variance request:
The Secretary countered that to grant a variance the standards for a variance
must be met and that aesthetics are not an appropriate basis. - Chairman Pierce
stated that he felt there was nothing wrong-with the substance of the proposal,
but agreed that an ordinance amendment would be a better way to proceed than
r o
._ rariti however, felt that a si n Y
one
n
sign onl 9 variance. Commissioner a G min Lucht
sine of the major entrance is not aesthetically unbalanced. He could not gee
any reason to amend the Sign Ordinance on the basis of one case. Mr. Gittle-
non said that, while he did not mean it as a threat, if he were denied the
variance he would have to put up two 36 sq. ft. signs, one in Brooklyn Center
and one in Crystal He stated that the judgment as to whether two signs
further apart is preferable would have to be made by the Planning Commission.
- Commissioner Erickson asked how far away-the Crystal boundary was from�the
entrance point. Mr. Gittleman answered that it is about 30 feet. He stressed
his opinion that the situation of the complex being divided by a City boundary
is. very unique.
Commissioner Malecki stated that she was not opposed to the idea of an
ordinance amendment, but could not see that there was a hardship in the current;
case and, therefore, could not vote in favor of a variance. Commissioner
Erickson asked what kind of ordinance amendment would substitute for the grant
ing of a variance. Chairman` Pierce explained that th ordinance amendment would'
allow two freestanding signs at a major entrance to a residential complex if
the sum of the signs' area did not exceed 36 sq.-ft. The Secretary noted that
an ordinance amendment could give an owner flexibility to. spi it _the Iot4l . amount
of signage between two signs or to simply. have. one sign of 36 sq. ft. - ". He
answered the applicant's implied threat by reminding the Commission that The
Ponds project could do the same thing as Mr. Gittleman by putting another 36
sq. ft. sign in Brooklyn Park. He advised the Commission to ignore such an implied threat and consider the case on its merits.
7 -12 -79 -9-
Chairman Pierce expressed interest in the possibility of an ordinance amendment
which would give residential developments the option of either one or two signs
at a major entrance. Commissioner Lucht, however, stated that two signs with
different identification is confusing. Commissioner Manson agreed that two
signs would be confusing particularly at the boundary of Brookly Center and
Crystal where Bass Lake Road curves to the south. She added that she could
not vote for an ordinance amendment without further study and a report from
staff.
CLOSE PUBLIC HEARING
Motion by Commissioner Theis seconded by Commissioner Lucht to close the public:
hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis,
Manson, Lucht and Erickson. Voting against. none. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79042 (Melvin Gittleman)
Commissioner Thei stated that he felt that the topography of the lane c reates
a hardship for the property - owner, that the situation of the development over
a City boundary i unique and that no detriment would occur to surrounding
properties or the general public. He stated that he preferred to keep the
Commiss Theis
t
o b C
ommiss approve-
r nt the variance. Motion y
ordnance as �s and g a h
Application No. 79042 failed for lack of a second.
ACTION RECOMMENDING DENIAL OF APPLICATION NO. 79042 (Melvin Gittleman
Motion by Commissioner Malecki seconded C6missjoner Er 7Gkso n t de ny Appl
cation No. 79042, . a request for a varianc e from the Sign 9 n Ordinance o the
grounds that the variance request does not meet Sign Ordinance standards for a -;
variance. Voting in favor: Chairman Pierce, Commissioners Malecki, Manson,
Lucht and Erickson. Voting against: Commissioner Theis. The motion passed.
Chairman Pierce asked the Commission whether there was any direction to staff
concerning an ordinance amendment. Commissioner Manson asked what it would take
to develop an ordinance amendment. The Secretary answered that `staff ` could work
up language for such an amendment and have it ready for Planning Commission'
consideration by August. The Planning Assistant stated that he understood Com-
missioner Manson to mean that she would like a study of the matter to provide
evidence in addition to proposed language
Commissioner Lucht stated that he would regret any ordinance amendment as a
watering down of a good ordinance. Chairman Pierce stated that he would want to
avoid two completely different signs. The Secretary underscored the fact that
the-Commission had only been considering an amendment for the R3 to R7 districts.
Commissioner Malecki stated that she would like to see a study of possible
ordinance amendments, adding that she was not opposed to the substance of the
proposal. Commissioner Theis, on the other hand, stated that in his opinion,
the ordinance did not need revision and that the decision could be made on the
basis of the existing standards for a variance from the sign ordinance. Chairman
Pierce stated that he preferred to see a study of the matter.
By concensus, therefore, it was decided that staff would make a study of possible
ordinance revisions to the Sign Ordinance, Section 34 -140 3C (3),.,
RECESS
The anning Commission-recessed at 9:34 p.m.. and resumed at 9.55 p.m.
7-12-79
APPLICATION NO. '79043 (Howard Atkins
The Secretary introduced the next item of consideration, site and building plan
approval to add onto and remodel an abandoned service station at 6550 West 'River
Road. The premises would be converted for use as a plumbing contractors office.
The Secretary stated that the building with the addition would-be- approximately
2600 sq. ft. with about 1400 sq. ft: being devoted to office use and the re-
mainder for warehouse and storage purposes. The property, he noted, is zoned
C2.
The Secretary pointed out that the. site ,plan comprehends an area for outdoor
storage to be enclosed by a 6 ft. high opaque fence as required by Section 35 -412
of the City Ordinances. He noted that the plan proposes 9 parking stalls, which
would be 4 short of the minimum required using the service /office parking
formula. However, he said, the applicant has also provided a proof of parking
plan indicating additional. parking stalls can be provided on the site. The
Secretary indicated that the 9 stalls provided is based on the service /office
formula for 1400 sq. ft. and the warehouse parking formula for the remainder.
The Secretary noted that the applicant proposes to close two existing curb cuts
on 66th Avenue North and one on West River Road resulting in an L- shaped sodded
and sprinklered area at the corner. He indicated that the property would be
served by a 30 ft. wide curb cut at the southwest corner of the property along
West River Road. He pointed out a six foot wide riprap area which would be
installed at the northeast corner of the property leading to 66th Avenue North to
assist with site drainage.
The Secretary reported to the Commission that the plan initially submitted by
the applicant did not meet the present requirement of a 15 ft. greenstrip along
West River Road. The applicant has modified his current plan, however, to
provide the greenstrip area. He added that this has had an effect on the parking
layout, but not on the number of stalls provided on the site.
The Secretary commented that the exterior of the building would be stucco, and
a mansard roof treatment would be carried entirely around the building. The
area behind the screen fence, he stated, is presently concrete block and would be
painted to match the stucco treatment. The Secretary pointed out that the appli-
cant proposes to add shrubbery such as dwarf junipers and pyrmadial arborvitae
around the perimeter of the site to fill in with existing shrubs and plantings.
An underground irrigation system in sodded areas is also provided, he said.
Commissioner Lucht asked whether the City had any requirements to maintain the
quality of the striping on the parking lot. The Secretary answered that the -
City did not have an industrial maintenance code. Chairman Pierce asked whether
there would be any dumpsters. The Secretary answered that although the dumpsters
are not shown, they would. have to be screened and could perhaps be placed behind
the opaque fence. He also pointed out that the plan indicates B6 curbing rather
than B612 curbing in order to be consistent with the existing curb. Chairman
Pierce asked whether the.gas station fronted on West River Road or on the
"frontage road. The Secretary indicated the frontage road.
Chairman Pierce asked when Highway 169 would be widened and whether there would
be taking of land to the east of the existing right -of -way. The Secretary
indicated that the City is looking more at taking "land along the west
side of the existing road. The Superintendent of Engineering added that there
would not be much revision south of 66th Avenue North. The Secretary commended
or Mr. Atkins' patience and willingness to cooperate during plan review. He _stated
that he felt the development would help the community.
7 -12 -79 -11-
The Superintendent of Engineering stated that although the plan seems to indicate
that most of the drainage is heading toward the northeast corner, he would li
to see a,plan with elevations in order to make a more thorough evaluation of the
drainage pattern on the site
Chairman Pierce asked to what extent a service truck would be parked outside on
the site. Mr. Atkins stated that it would not be present on the site during the
day for the most part, and at night would be placed behind the opaque fence. He
added that the operation does not contemplate any retail sales. H also stated
that the operation would generate very l ittle trash.
The Secretary asked Mr. Atkins whether the gas tanks had been taken out. Mr.
Atkins replied that he was in the process of contracting to remove them. In
response to a question from Chairman Pierce, the Secretary stated that signage
is a part of site review, but pointed out that all signs would have to be off
public right -of -way. Commissioner Theis asked whether there were any times when
the truck would be left on the site. Mr. Atkins stated that it would occasionally
be on the site, but would generally be stored behind the opaque fence. Com-
missioner Theis asked whether the lone service bay indicated on the plan would
be for deliveries. Mr. Atkins stated it would.
The Secretary voiced his opinion that the proposed use represents a very
appropriate conversion of the abandoned gas station and added that in the process
of recycling the building less traffic would be brought into the neighborhood.-
Chairman Pierce asked whether the 15 ft. greenstrip is -a requirement of the Zoning
Ordinance. The Secretary replied that it is`.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79043 (Howard Atkins)_
Motion by Commissioner Lucht seconded by Commissioner Manson to app Appli
cation No. 79043, site and building plans for an addition and remodeling of an
abandoned service station at 6550 West River Road, subject to the following -
conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits..
2. Drainage, grading and utility plans are subject to review
and approval by the City Engineer prior to the issuance of
permits.
3. A 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.
4. The building shall be equipped with an automatic fire
extinguishing system to meet NFPA Standard No. 13 and shall
be connected to a central monitoring device in accordance
f with Chapter 5 of the City Ordinances.,
5. An underground irrigation system shall be provided.in all
sodded and planting areas to facilitate site maintenance.
6. All outside trash disposal facil and rooftop mechanical
equipment shall be appropriately screened from view.
7. A continuation of B6 curbing shall be permitted around
existing driving areas.
7 12: 79 �12
S. Existing underground fuel tanks shall be removed from the
site prior to the issuance of permits.
9. Plan approval is exclusive of all - signery -which is subject
to Chapter 34 of the City Ordinances.
Voting in favor: Chairman Pierce, Commissioners Mal.ecki, Theis, Manson, Lucht
and Erickson. Voting against: none. The motion passed.
A PPLICATION NO. 79044 (P. J. Gaughn)
The Secretary introduced the next item of business, site and building plan
approval to construct a 48 unit townhouse development on an approximate 6.5 'acre
site located westerly of France Avenue and 68th Avenues north. The Secretary
pointed out that the property is zoned R3 which permits townhouses or garden
apartments and single family attached condominiums at a density of no more than
8 dwelling units per acre. He explained that the property is bounded on the north
by five.R3 zoned properties facing 69th Avenue North and the City water tower; on
the east - by France Avenue North; on the west by C2 zoned property which faces
Brooklyn Boulevard; and on the south by three single family residential parcels,
two of which abut Grimes Avenue North and the other,France Avenue North.
He stated that the 48 townhouse units would all be three bedroom units and would
be clustered in groups of 6 units to a cluster. Two handicapped units are con-
templated for the complex. All units with the exception of the handicapped
units, he commented, would be two levels. Two different floor plans are proposed.
The Secretary stated that the applicant comprehends meeting the ordinance re-
quired parking of 96 spaces by providing 61 outside parking stalls and 35 garage`
stalls. A network of walkways accessible to the handicapped joins living units,
garagbs, and open space recreational areas within the development, he added.
The Secretary pointed out that access to the site is primarily off France Avenue
with one access point at the northeast corner of the site and the other at 68th
Avenue. A third access point, he said, was located where Grimes Avenue dead ends.
He stated that it was questionable as to whether this would have been a desirable
location because it would encourage cut - through traffic through the development.
He reported that the fire Chief reviewed the access point at Grimes Avenue and
indicated that there is no safety need to require the Grimes Avenue access
point.
The Secretary stated that a four ft. high opaque screen fence is required where
R3 abuts Rl and such a screening device is indicated along the south property line.
In addition, he said, a six foot high opaque redwood fence is being proposed
along the west property line to screen the townhouse property from the car dealer-
ship to the west. He pointed out berming proposed along France Avenue North.
The Secretary stated that based on ordinance criteria, seven six inch diameter
trees are required for this development. He noted that the applicant proposes
three Norway maples and four Green Ash on the site to meet this requirement.
Sparkler Crabs, Sugar Maple and Colorado green spruce are also proposed. He
added that shrubs and plantings include Purple Lilac, Purple Leaf Sand Cherry,
Siberian arborvitae and Maney Juniper. He noted that the applicant also pro-
posed seed in certain areas of the site, primarily in the common or open space
area. The common and recreational areas, he said, include playground equipment
in three separate areas as well as a tennis court.
7 -12 -79 -13-
Commissioner Theis asked whether the townhouses would be for sale or rent. The
Secretary answered that the townhouses would be for rent, but are designed so
that they could be replatted, for sale. The applicants representative, Mr.
Hamel, stated that the units would be rented to start with. Commissioner Theis
asked what rental bracket the townhouses would be in., Mr. Hamel responded that
the complex would be`- partially subsidized, but that the nonsubsidized units
would rent in the range of $350.00 to $380.00 a month. At this point, the
Secretary commented that the rental units would be subject to the licensing
requirements of the Housing Maintenance Ordinance.
Chairman Pierce asked Mr. Hamel if he had considered buying the property to the
north. Mr. Hamel replied that this option had not been considered because the
properties are owned separately and it would be too difficult to negotiate with
separate owners. Chairman Pierce also asked whether a site bond would be
required. The Secretary answered that a site bond would be necessary and that
the turf would have to become viable before the bond would be released. He
noted a mistake on the plans pertaining to certain berms and advised that higher
berming be provided to screen the complex from the surrounding single family
neighborhood.
Chairman Pierce asked whether staff recommended closing off the Grimes Avenue
entrance. The Secretary responded that staff did so recommend. Commissioner
Erickson asked whether the applicant had any objection to this decision. Mr.
Hamel answered that to the contrary it would be to the advantage of the complex.
The Superintendent of Engineering stated that the private street across from
68th Avenue North is at a slight angle to 68th Avenue; North. He suggested that
it either be aligned with 68th Avenue or moved to create a full jog so as to
avoid traffic confusion. Mr. Hamel stated that he had no problem with this
suggestion.
Commissioner Theis asked why all of the units were three bedroom. Mr. Hamel
responded that two bedroom units did not offer as much flexibility to potential
renters, and that four bedroom units would encourage larger families which the
complex is not intended to serve. In response to Chairman Pierce, Mr. Hamel
stated that the provision for graages is rather generous, noting that most
rental developments have 50% of the living units served with garages'. The
Secretary had asked that 70% of the units be served by garages and this he felt
was more than adequate.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79044 (P. J. Gaughn)
Motion by Commissioner Erickson seconded by Commissioner Theis to recommend'
approval of site and building plans for a 48 'unit townhouse development located
at France Avenue and 68th Avenue North, subject to the following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits._
2. Drainage, grading and utility plans are subject to review
and approval of. the City Engineer prior to the issuance' of
permits.
3. A Performance Agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted to assure the completion of approved site improvements.
4. All outside trash disposal facilities shall be appropriately
screened from view.
7-12-79,-
5. B612 curb and gutter shall be provided around all driving
and parking areas.
- 6.`Berming along France Avenue North will be no less than 3
to 4 feet in height.
7. The entrance area at 68th Avenue North should be designed
to provide a clear alignment with 68th Avenue North. The
= entrance at Grimes Avenue North will be closed as indicated
on the plans submitted.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht
and Erickson. Voting against: none. The motion passed.
APPLICATION NO. 79045 (Car X Muffler Service Sy stems, Inc.)
Th Secretary ntroduced the Tina item o business a special use permit and
Y � P P
a a muffler shop site and building plan approval to construct and .operate p at'6810
Brooklyn Boulevard. The Secretary noted that motor vehicle repair is a speciai
use in the C2 zoning district.
The Secretary recalled that a special use permit and site and building plan
approval was granted under Application No. 76067 in December, 1976 fora Car X
Muffler Shop on this same site. Site and building plan approval for a Winchell's
Donut Shop on the southerly portion of this site, he said, was granted under
Application No. 77020 in June, 1977. He explained that the concept behind:
these approvals was to create a sort of " mini - commercial center: with Car X
being the owner of the site, leasing a building to Winchell's for their use.
The concept never materialized and Car X is proposing to go forward with their
plans. He noted that the special use permit expired one year after approval
because construction never got under way and no extension was ever requested.
Regarding the proposed plan, the Secretary indicated that Car X proposes to
construct an approximate 3200 square foot, four. - stall, muffler service shop.
The plans, he said, do not differ much from those approved in 1976. They
indicate parking for 15 vehicles with one being for the handicapped. Based on
the automobile service station parking formula of three stalls for each enclosed
service bay and one space for each employee. He added that they have also
provided a proof of parking showing that 30 spaces can be located on the site.
Based on the retail store parking formula, he said, 29 spaces would be required..
for an approximate 2000 sq. ft. building.
The Secretary stated that the applicant is requesting to defer certain landscape
improvements and the underground irrigation systems on a portion of the site
in the hope that they may be able to lease or develop the southerly portion of
the site at a future date. The Secretary advised that any deferral of improve-
ments for the southerly area be for a specific time period with the applicant
well aware that the performance bond will not be released until such time as
area is dealt with.
The Secretary indicated that the exterior treatment proposed is a face brick
with the treatment being uniformly applied around the building.
Chairman Pierce recognized Bernard Rowe of Car X to speak on behalf of the
project. Mr. Rowe explained that the project went undeveloped of
internal management struggles. Now that those conflicts have been resolved,
the company has decided to go ahead with the project. He stated that Car X
has no plans at present for the south one -third of the property. He indicated
the the company has experienced high holding costs in retaining the property
;,_and wishes at this time to get a muffler shop built and into operation. In
response to Commissioner Theis, Mr. Rowe pointed out that there is an
7 -12 -79 -
automobile parts store northwest of the Car X property, and that this would be
-a locational asset.
Commissioner Erickson asked if the store was owned by the corporation.. Mr, 'Rowe
stated that it would be built by Car X and sold later to a franchise. Commis-
sioner Erickson asked if Car X was a national corporation. Mr. Rowe explained
that Car X is a regional firm at this time with a working relationship with two
national firms, Tenneco and :Walker Corporation. Chairman Pierce asked at what
point the franchise would likely be sold. Mr. Rowe answered that it had not
been as yet, but might be sold by the time the shop opens in winter or early
spring.
Commissioner Theis asked whether any landscaping was planned along Brooklyn
Boulevard.. The Secretary replied that there would be.
Mr. Rowe indicated that the location is excellent for the muffler repair
business since it is close to three car dealerships and an auto store. He
,mentioned that it is possible that Car X will expand to the south and east
portion of the site.
Chairman Pierce asked whether the commercial retail parking formula would be
appropriate to calculate parking needs.. Mr. Rowe answered that the Car X
operation would not need the 15 parking stalls presently provided. Commissioner
Pierce inquired how many employees would be on the site at one time. Mr. Rowe
answered that there would be 4 mechanics and one manager. He pointed out that
4 additional cars would be in the service bays at most times and that people
generally drop cars off for no more than a single day. Commissioner Erickson
noted that the services include shock repair and brake repair and asked
whether there would be any glass work. Mr. Rowe answered that 'there would be
none.
Chairman Pierce asked what would happen to the nondeveloped_ area to the south-
east during the 12 to 24 month period in which the business was establishing
itself. Mr. Rowe explained that the area in question was not big enough to
sell, but could be erha
p ps be leased. He added that he was in the process of
negotiating with Northstar Dodge for use of the parcel, Chairman Pierce asked
the Commission's feelings on the deferred improvements. Commissioner Erickson
inquired whether similar deferments had been made in the past. The Secretary
indicated that in some cases improvements had been deferred. He mentioned
Budgetel Inn. He also stated that he considered two years a reasonable time.
in which to make a decision on the development of the remainder of the parcel.
Chairman Pierce stated his feeling the performance bond should be large enough
to cover landscaping of the southeast portion of the site in case no develop-
ment plan was forthcoming,
CLOSE PUBLIC HEARIN
Motion by Commissioner Erickson seconded by Commissioner Theis to close the
public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki,
Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. , 79045 Car X Service .S stems Inc.
Motion by Commissioner Malecki seconded by Commissioner Manson to recommend
approval of Application No. 79045, site and building plan and special use permit
approval to construct and operate a muffler shop at 6810 Brooklyn Boulevard,
subject to the following conditions:
1. Building plans are subject*to review and approval by the
Building
with respect to applicable codes prior
to the issuance of permits.
7 -12 -7} 16-
-
2. Grading, drainage, and utility plans are subject to review
and approval by the City Engineer prior to the issuance of
permits.
3: A 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.
4. The building shall be equipped with an automatic fire sprinkler
extinguishing system to meet 11FPA Standard No. 13 and shall
be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
5. All outside trash disposal equipment and rooftop mechanical
equipment shall be appropriately screened from view.
6. •6612 curb and gutter shall be provided around all driving
and parking areas.
7. The Special Use Permit is issued to the applicant as operator
of the facility and is nontransferable.
8. The permit shall be subject to all applicable codes, ordinances,
and regulations and violation thereof shall be grounds for
revocation.
9. An _underground irrigation system shall be provided in all
landscaped areas to facilitate site maintenance. Installation
of the irrigation system and landscaping on the southerly
portion of the site proposed for future development may be
deferred for up to two years. Additional landscaping will
be provided subject to Planning Commission review. The
performance bond will not be released in its entirety until
the total irrigation system and landscaping is installed.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, lucht
and Erickson. Voting against: none. The motion passed.
Mr. Rowe noted that the deferment of landscaping was for two years from the date
of approval and not from the date of opening. He requested that the Commission
allow a two year deferment from the date of opening. Commissioner Theis stated
that he would prefer to review the matter in two years and discuss future plans
at that time.
DISCUSSIO IT EM5
The Panning Commission then held a lengthy and informal discussion of the
proposed Charlson Plat. The Secretary stated that the idea of condemning roadway
is contrary to City policy and would not be undertaken without good reason. He
explained that Mr. Brauer's concerns for his client, Mr. Charlson, relate to
the fact that Mr. Charlson's property would bear the entire financial burden
of providing access to other properties. He reported to the Commission that
Mr. Brauer had proposed two alternatives for getting around the problem. The
first alternative would be to construct a private street up to the requirements'
of public streets and charge other properties for access rights once the median
cut on Shingle Creek Parkway were moved southward to serve the.private street.
Then the street would be converted to a public street by dedication. A second
alternative would be to install the proposed cul -de -sac as a private street
and negotiate an access easement with both Northwestern Bell and Brookdaie
Ford off the cul -de -sac once it become known that City policy would eliminate
all curb cuts along Shingle Creek Parkway between County Road 10 and John
7 -72 -79 -17-
i
Martin Drive except the median cut at this private street. Again, he said, the
private street would be dedicated for public right -of -way once the access
rights were obtained.
The Commission discussed the ideas presented and their implications for the
surrounding properties. The Commission acknowledged that the procedure did
seem effective in bringing other parties into a more realistic bargaining
stance. However, the Commission reached a consensus that it would deny any
proposed plat that did not represent a specific development proposal and also
concurred that a plan with the street indicated along the north property line
would be the best solution.
ADJOURNMENT -
Motion by Commissioner Theis seconded by Commissioner Erickson to adjourn the
meeting of the Planning Commission. Voting in favor: Chairman Pierce, Com-
missioners Malecki, Theis, Manson, Lucht and Erickson. Voting against. none.
The Planning Commission adjourned at 11:53 p.m.
Chairman
l
7 -12-7 �.��
ri'IAI' St S f 3 0 ca►w�,c•� hort .�,t•,•� 30,� •+� i•,•i'•
COVENANT BEGINNINGS
THE PRELIMINARY REQUIREMENT for any acceptable Covenant between
Arthur Kvamme/Madsen Floral and the Bellevue Park Neighborhood Association ,
is as follows
Any property owner residing within 350 feet of the rezoned
property will have enforcement rights in the Covenant, beginning at the
time that the property is rezoned and continuing through any changes in
ownership of the rezoned property. Even in the event that the present
owners of the property in question sell the entire property to a new
owner, the Covenant between the surrounding property owners and the new
owner of the rezoned.property will remain in force.
"Enforcement rights" wi��-- include the pre - approval, by
80% of the property owners within .350�'of the rezoned property, of any
variance from currently existing Brooklyn Center R -3 zoning restrictions`.
In order that the aforementioned neighboring property
owners may take advantage of their enforcement rights, they or their elec-
ted representatives must be notified by mail before every meeting concerned
with site and building plan review.
OF PRIME IMPORTANCE IN ANY ACCEPTABLE COVENANT is a requirement that
each condominium unit contain a minumum of 1500 square feet of living
space, excluding garage and unfinished basement space,
OTHER REQUIREMENTS, concerning building appearance, purchase for
commercial leasing, construction of recreational facilities and site
amenities,..etc., would be matters for discussion add negotiation.
mo►r siwti�- ►-�a�s � �, �. 3
COVENANT BEGINNINGS
THE PRELIMINARY REQUIREMENT for any acceptable Covenant between
Arthur Kvamme/Madsen Floral and the Bellevue Park Neighborhood Association
is as follows
Any property owner residing within 350 feet of the rezoned
property will have enforcement rights in the Covenant, beginning at the
time that the property is rezoned and continuing through any changes in
ownership of the rezoned property. Even in the event that the present
owners of the property in question sell the entire property to a new
owner, the Covenant between the surrounding property owners and the new
owner of the rezoned property will remain in force.
"Enforcement rights" wil,1 include the pre - approval, by
80% of the property owners within 356' the rezoned property, of any
variance from currently existing Brooklyn Center R -3 zoning restrictions.
In order that the aforementioned neighboring property
owners may take advantage of their enforcement rights, they or their elec-
ted representatives must be notified by mail before every meeting concerned
with site and building plan review.
OF PRIME IMPORTANCE IN ANY ACCEPTABLE COVENANT is a requirement that
each condominium unit contain a minumum of 1500 square feet of living
space, excluding garage and unfinished basement space.
OTHER REQUIREMENTS, concerning building appearance, purchase for
commercial leasing, construction of recreational facilities and site
amenities,...etc., would be matters for discussion and negotiation.
*"A7 l S ✓ CAr►'1a�E�'t NOt't' N1��1NCA C •S O
COVENANT BEGINNINGS
THE PRELIMINARY REQUIREMENT for any acceptable Covenant between
Arthur Kvamme/Madsen Floral and the Bellevue Park Neighborhood Association
is as follows
Any property owner residing within 350 feet of the rezoned
property will have enforcement rights in the Covenant, beginning at the
time that the ro rt is rezoned and continuing through an changes in
P Pe Y g g Y g
ownership of the rezoned property. Even in the event that the present
owners of the property in question sell the entire property to a new
owner, the Covenant between the surrounding property owners and the new
owner of the rezoned property will remain in force.
"Enforcement rights" wi include the pre - approval, by
80% of the property owners within 35(`%� the rezoned property, of any
variance from currently existing Brooklyn Center R -3 zoning restrictions.
In order that the aforementioned neighboring property
owners may take advantage of their enforcement rights, they or their elec-
ted representatives must be notified by mail before every.meeting concerned
with site and building plan review.
OF PRDIE IMPORTANCE IN ANY ACCEPTABLE COVENANT is a requirement that
each condominium unit contain a minumum of 1500 square feet of living
space, excluding garage and unfinished basement space.
OTHER REQUIREMENTS, concerning building appearance, purchase for
commercial leasing, construction of recreational facilities and site
amenities, ,. etc., would be matters for discussion and negotiation.
vytAl• Si�'1�10 fS30 ca►w►,e•� .�ort� r,�t.�•,eo►�o�a 30"
COVENANT BEGINNINGS
THE PRELIMINARY REQUIREMENT for any acceptable Covenant between
Arthur Kvamme/Madsen Floral and the Bellevue Park Neighborhood Association
is as follows:
Any property owner residing within 350 feet of the rezoned
property will have enforcement rights in the Covenant, beginning at the
time that the property is rezoned and continuing through any changes in
ownership of the rezoned property. Even in the event that the present
owners of the property in question sell the entire property to a new
owner, the Covenant between the surrounding property owners and the new
owner of the rezoned - property will remain in force.
"Enforcement rights" wi U include the pre - approval, by
80% of the property owners within 35& %' the rezoned property, of any
variance from currently existing Brooklyn Center R -3 zoning restrictions.
In order that the aforementioned neighboring property
owners may take advantage of their enforcement rights, they or their elec-
ted representatives must be notified by mail before every meeting concerned
with site and building plan review.
OF PRIME IMPORTANCE IN ANY ACCEPTABLE COVENANT is a requirement that
each condominium unit contain a minumum of 1500 square feet of living
space, excluding garage and unfinished basement space.
OTHER REQUIREMENTS, concerning building appearance, purchase for
commercial leasing, construction of recreational facilities and site
amenities,.,.etc.,_would be matters for discussion and negotiation.
1'►'1 5iwtwto+tS SS30 CAv"Se" port rvtiv►vr¢Arso�is ,�JO� .�i.�•�.
1
COVENANT BEGINNINGS
THE PRELIMINARY REQUIREMENT for any acceptable Covenant between
Arthur Kvamme/Madsen Floral and the Bellevue Park Neighborhood Association
is as follows
Any property owner residing within 350 feet of the rezoned
property will have enforcement rights in the Covenant, beginning at the
time that the property is rezoned and continuing through any changes in
ownership of the rezoned property. Even in the event that the present
owners of the property in question sell the entire property to a new
owner, the Covenant between the surrounding property owners and the new
owner of the rezoned property will remain in force.
"Enforcement rights" wild include the pre- approval, by
80% of the property owners within 350% the rezoned property, of any
variance from currently existing Brooklyn Center R -3 zoning restrictions.
In order that the aforementioned neighboring property
owners may take advantage of their enforcement rights, they or their elec-
ted representatives must be notified by mail before every meeting concerned
with site and building plan review.
OF PRIME IMPORTANCE IN ANY ACCEPTABLE COVENANT is a requirement that
each condominium unit contain a minumum of 1500 square feet of living
space, excluding garage and unfinished basement space.
OTHER REQUIREMENTS, concerning building appearance, purchase for
commercial leasing, construction of recreational facilities and site
amenities,..etc., would be matters for discussion and negotiation.
r
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY
ORDINANCE RELATIVE TO RESIDENCY REQUIREMENTS
FOR POLICE OFFICERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS
Section 1. Chapter 17 -104 (3) of the City Ordinances
is hereby amended to read as follows
(3) Residency Policy. Emergency public safety
response requirements dictate that a reason-
able public policy be established for police
- officer residency. It is thereby declared
that within eighteen months after original
appointment, police officers shall [reside
within the followin g described boundaries:]
comply with the following residency require -
ments:
[East of Mississippi River - An area
bounded by Mississippi Street on the
north, Central Avenue (Hwy. #65) on
the east, and Lowry Avenue on the
south.) All sworn personnel must
establish his or her residence _so
that the driving time between his
or her residence and the police
'station will be no more than thirty
30 minutes.
[West of Mississippi River That area
of Hennepin County bounded on the south
by 26th Avenue North _(extended) and on
the west by State Highways #55 and #101.1
Any officer residing east of the Missis
River, and who would use either Interstate
694 Bridge or the Camden Bridge in Minne-
a o12s must establish his or her residence
so t the driving time from his or her
residence to either of the aforementioned
ridges is no more than fifteen (15) minut
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
'i
ORDINANCE NO.
adopted this day of 19 .
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates
new matter.)
I
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE VACATING THE UTILITY AND DRAINAGE EASEMENT
EXISTING ON A PORTION OF LOT 1, BLOCK 1, J. R. MURPHEY
ADDITION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: The utility and drainage easement existing on the
easterly five feet of the northerly 132.73 feet.of Lot 1, B lock 1,
J R Murphey Addition, according to the plat of recor thereof,
files of the County Recorder, Hennepin County, Mi nnesota, is her
vacated as a public utility and drainage easement.
Section 2: This ordinance shall be effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Published in the official newspaper
Effective Date
(Underline indicates new matter).
MEMORANDUM
TO: Gerald G. Splinter, City Manager
FROM: Mary Harty, Administrative Assistant
DATE.: July 16, 1979
SUBJECT: Employee Assistance Program
Background
In-1975, the Minnesota Legislature adopted.legislation to provide
financial and consulting assistance for local units of government
to establish employee assistance programs. This assistance was
made available through local County Boards.
In 1977, the Brooklyn Center City Council adopted a "Statement of
Policy for the Employee Assistance Program ". The Policy (attached)
established the program in Brooklyn Center and defined the purpose
of the program and its parameters.
The Policy established a procedure whereby employees, experiencing
chemical, financial, marital or other problems which could affect
Job performance, could voluntarily seek professional diagnostic and
referral services. When possible, employees' benefits, such as sick
leave, hospitalization, etc. can be used for treatment or counseling.
All contact with the diagnostic and referral service is confidential.
One other option available under the program is a supervisory referral.
In contrast to the self referral under which the employee voluntarily
uses the service, under a supervisory referral, a supervisor may refer
an employee to the diagnostic and referral service if job performance
is affected.
The City Council selected the Metropolitan Clinic of Counseling, Inc.
to provide diagnostic and referral services under the City's program.
This service is provided through an annual contract paid by the City
and there is no direct charge to employees. If an employee is referred
to some form of treatment and.the employee chooses to participate in
the recommended treatment, such cost is assumed by the employee or
his or her medical insurance coverage.
Cost
Legislation adopted by the State in 1975 provided for State financial
assistance for the first two years of the City's program. It was
anticipated the programs would become completely locally funded by
the third year. First year costs were reimbursed at per cent and
second year costs were reimbursed at 50 per cent. The first year
cost to Brooklyn Center was $119.00 and the second year cost was
$605.00.
Mr. Splinter -2- July 16, 1979
In the interest of continuing local programs, the Metropolitan
Clinic of Counseling has established a revised fee schedule for
third year public employee assistance programs. The 1979 -80
schedule is based on a utilization rate as follows:
Utilization Rate Cost Per Employee
3 per cent $ 5.50
4 per cent $ 7.00
S per cent $ 8.50
6 per cent & up $10.00
The City's current utilization rate based on monthly utilization
reports is three per cent. The minimum cost to continue this
program the third year would be $649.00. The maximum cost would
be $1,180.00 (based on 118 full time employees).
A survey of the certified diagnostic and referral agencies.indicate
that Metropolitan Clinic of Counseling is currently charging the
lowest rate for public employers of all of the six vendors certified
in_Hennepin County. Additionally, the City has received positive
feedback from those who have utilized the services of the clinic.
Recommendation
The accepted measure of program effectiveness is utilization rate.
The.State and County have established a minimum of two per cent
utilization which should be attained to demonstrate reasonable
utilization of the program. The City's three per cent utilization
rate indicates the City is deriving a reasonable level of benefit
from the program. It is recommended the program be continued through
the third year. It is further recommended that the Program again be
analyzed at the end of the third year with regard to its success.
Should the Council approve this recommendation, funding will be
provided in the 1980 Budget.
MLH :aw"
t .
Statement of Policy
Employee Assistance Program
City of Brooklyn Center
The City of Brooklyn Center recognizes that a wide range of problems, not
directly associated with an employee's job responsibilities,. can affect job
performance. In most cases, the employee will overcome such personal
problems independently and the employee's job performance will not be
affected.
In other cases, usual supervisory assistance or discipline will serve to
motivate or guide the employee to solve his or her problems and the employee's
job performance will return to an acceptable level. In some instances, neither
the efforts and resources of the employee nor the guidance by the supervisor
has the desired effect of resolving the employee's problems. In such cases,
unsatisfactory job performance may persist over a period of time, either on a
constant or intermittent basis.
The City of Brooklyn Center believes it is in the best interest of the employee,
the employee's family and the City to provide an employee service which deals
with such persistent problems. Beginning July 1, 1 977 it is the policy of the.
City of Brooklyn Center to handle such employee problems within the following
framework:
1. The City of Brooklyn Center is concerned with the health and
well -being of its employees but it has no desire to interfere
with employees' private lives. The administration will be
concerned with an employee's personal problems only when job
performance is adversely affected or when problems reflect dis-
credit on the City.
2. This policy applies to all regular full -time employees of the
City of Brooklyn Center regardless of their job title or
responsibilities.
3. The program is available to families and dependents of
employees as well as the employees themselves since it
Is recognized that problems at home can have an adverse
effect on an employee's ability to function while at work.
4. If employees or their dependents realize that they have
personal problems that may benefit from the assistance
provided by the Employee Assistance Program, they are
encouraged to seek assistance on their own and will be
supported in efforts to do so.
S. Participation in the program will not. jeopardize an employee's
job security, promotional opportunities, or reputation.
Page 2
Statement of Policy
Employee Assistance Program
6: All records and discussions of personal problems will be
handled in a confidential manner as are other medical records.
• Records will be kept by the diagnostic and referral agency and
will not become part of the employee's personnel file.
7. Past experience shows that a significant portion of the problems
encountered in such programs are related to problems involving
the use of alcohol and /or other drugs It will be a policy of the
City of Brooklyn Center that chemical dependency is generally
recognized as a treatable illness and assuming the cooperation of
the employee in treatment, will be dealt with as such.
8. When performance problems are not corrected with normal super -
visory attention, employees may be referred to assistance to
determine if personal problems are causing unsatisfactory per -
formance. If performance problems are corrected, no further
action will be taken. If performance problems persist, the
employee will be subject to normal corrective procedures.
9. -In cases where it is necessary, employees may be granted sick
leave, vacation or unpaid leave of absence for time for treatment
.or rehabilitation on the same basis as it is granted for health or
disability problems.
10. Employee compliance with the program is strictly voluntary. If
an employee is referred to the Employee Assistance Program in
lieu of other corrective or disciplinary measures and chooses
not to participate in the Employee Assistance Program, then
normal corrective measures.will apply. Refusal to participate
cannot be used as evidence to evaluate job performance
11. There is no charge for the diagnostic and referral services
however, if costs are incurred for rehabilitation services that are
not covered by insurance or other benefits, that cost will be the
responsibility of the employee.
12. The program is not designed to provide ongoing treatment or
counseling, but rather to provide early identification, motivation,
and referral to appropriate care- giving resources in order to
facilitate the resolution of any serious personal problems the
employee might have.
13. This policy does not alter or replace existing administrative
policy or contractual agreements, but serves as an adjunct to
assist in their utilization.
- f111
league of minnesota cities
July 5, 1979
TO: All Member City Mayors, Clerks, Managers, and Administrators, and
Legislative Contacts
FROM: Donald A. Slater, Executive Director
RE: IDENTIFICATION OF LEGISLATIVE ISSUES BY CITY COUNCILS
The identification and discussion of future Legislative issues and policies will be
a major portion of each of the fourteen 1979 fall regional meetings of the League of
Minnesota Cities. We would appreciate it if you would make it an AGENDA ITEM FOR YOUR
CITY COUNCIL to identify at least five major issues of importance to your city which
you feel the League of Minnesota Cities Legislative Committees should discuss when
they are reorganized after the regional meetings.
It.would be very much appreciated if, after you city council has identified these
issues, that the enclosed survey form be returned to the League so that at each regional
meeting the Legislative issues of importance to cities can be thoroughly discussed.
I would like to stress that no policy position should be taken at any regional
meeting. The purpose of this survey is to determine those issues of importance to
most of the cities throughout the state. Often, the interests of a variety of cities
must be developed into a consensus position.
At each regional meeting there will be a sign up sheet for those city officials
desiring to serve on the League's Legislative study committees. Each Legislative
study committee will meet four or five times during the period from November through
March, and will report to the League's Legislative Committee (composed of the Chair -
persons of the League Study Committees plus the Board of Directors), which will review
these proposed policies and present a package of legislative items to be adopted by
the membership at the 1980 annual meeting in Duluth.
Please try now to arrange your schedule so that your city will be well represented
at the regional meetings in your area, in order that your concerns and views relative
to the legislative issues you identify can be thoroughly discussed. All regional
meetings will have an afternoon session at 2:30 for an unstructured round table dis-
cussion of questions of importance to your city. The 6 :30 dinner meeting will be
preceeded by a reception in most localities. Legislative issues will be discussed
after dinner.
(OVER)
300 hanover building, 480 cedar street, saint pawl, minnesote 55101 06121 222 -2861
The following is a list of the 1979 fall Regional Meetings of the League of
Minnesota Cities:
CITY DAY AND DATE
Crookston Tuesday, `September '1l
Dilworth Wednesday, September 12
Alexandria Thursday, September 13
Walker Tuesday, September 18
8ovey Wednesday, September 19
Mora Thursday, September 20
Richmond Monday, September 24
Appleton Tuesday, September 25
Tyler Wednesday, September 26
Sanborn Thursday, September 27
Winona Tuesday, October 2
Wells Wednesday, October 3
Norwood Thursday, October 4
Hopkins Thursday, October 25
-2-
SURVEY OF LEGISLATIVE ISSUES FOR THE 1981 -82 LEGISLATIVE SESSION
Return To Duke Addicks, Legislative Counsel
League of Minnesota Cities
300 Hanover Building
480 Cedar Street
St. Paul, MN 55101
At a meeting of the council of the city of the
following legislative issues were determined to be of major importance to our city:
ISSUE OR PROBLEM HOW OUR CITY IS AFFECTED OUR CITIES PROPOSED SOLUTION
_1.
2.
_3.-
4.
5.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO
MINNESOTA STATUTES, SECTION 474_01, SUED. 7b
I
WHEREAS, a proposal has been made to this Council by William J.
Dale, an individual residing in the City of Minneapolis, Minnesota (the
"Borrower "), as owner, and Dale Tile Company, a Minnesota corporation
(the "Company "), as lessee, to undertake a project (the "Project ")
pursuant to the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Chapter 474 (the "Act'); and
WHEREAS, the Project consists of the construction of an office,
showroom and warehouse_ facility adjacent to an existing facility of the
Company in the City; and
WHEREAS, Section 474.01, Subd. 7b, of the Act requires this Council
to conduct a public hearing on said proposal and to publish notice of said
public hearing not less than 15 days nor more than 30 days prior to the
date fixed for the hearing; and
WHEREAS, the Company has delivered to this Council a draft copy
of a proposed application to the Minnesota Commissioner of Securities,
together with all attachments and exhibits thereto, and said application,
attachments and exhibits are now on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that:
1. A public hearing shall be conducted by this Council on
the proposal to undertake and finance the Project on
August 13, 1979, at the City Hall, at which hearing all
iY parties who appear shall be given an opportunity to
express their views with respect to said proposal.
2. Notice of the time and place of hearing, and stating the
general nature.of the Project and an estimate of the
principal amount of bonds or other obligations to be
issued to finance the Project shall be published at least
once not less than 15 days nor more than 30 days prior
G to the date fixed for the hearing, in the official news -
paper and a newspaper of general circulation of the City.
The notice shall state that a draft copy of the proposed
application to the Minnesota Commissioner of Securities,
together with all attachments and exhibits thereto, shall
be available for public inspection following the publica-
tion of such notice and shall specify the place and times
where and when it will be so available.
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.
Member introduced the following resolution
and moved its adoptions
RESOLUTION N0.
RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC
HEARING
WHEREAS, the welfare of the State of Minnesota requires active
promotion, attraction, encouragement and development of economically sound
industry and commerce through governmental acts to prevent, so far as
possible, emergency of blighted lands and areas of chronic unemployment,
and the State has encouraged local government units to act to prevent such
economic deterioration; and
WHEREAS, Medtronic, Inc., a Minnesota corporation (the Company),
has advised this Council of its desire to expand its existing facility
within the City through the construction of a new building of approximately
52,000 square feet, on land owned by the Company, and the acquisition and
installation therein of certain equipment (the Project), to be used in the
Company's business, at a total cost of approximately $4,300,000, and has
requested that the City issue its revenue bonds in one or more series,
pursuant to Minnesota Statutes, Chapter 474, as amended (the Act), in a
principal amount not to exceed $1,000,000, to finance, in past, the cost
of the Project; and
WHEREAS, the City is authorized by the Act to issue its revenue bonds
to finance capital projects consisting of properties used and useful in
connection with a revenue producing enterprise, such as that of the Company,
and the issuance of such bonds by the City would be a substantial inducement
i
to the Company to acquire, construct and equip the Project; and
WHEREAS, Section 474.01, Subdivison.7b of the Act requires that
prior to submission of an application to the Minnesota Commissioner of
Securities requesting approval of the Project as required by Section 474.01,
Subdivision 7a of the Act, this Council shall conduct a public hearing on
the proposal to undertake and finance the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. A public hearing on the proposal to undertake and finance
the Project is called and shall be held on August 13, 1979
at $:00 p.m. at Brooklyn Center City Hall in the City.
2. The City Clerk shall cause notice of the public hearing to be
published in the Brooklyn Center Post being the official news -
paper of the City and in the Minneapolis Tribune, being a news-
paper of general circulation in the City, both publications to
be published at least once not less than fifteen nor more than
thirty days prior to the date fixed for the hearing.
RESOLUTION NO.
3. A draft copy of the proposed application to the Minnesota
Commissioner of Securities, together with all attachments
and.exhibits thereto, has been presented to this Council
and is hereby approved. Such application, attachments and
exhibits are hereby ordered placed on file with the City
Clerk, and shall be available for public inspection, following
the publication of the notice of public hearing, between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
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.
I, 4
I
A
Y
k
rWM: Director of Public Woks
DRM July 16, 1979
RBs Noise Barrier Walls
At your request, I have discussed the noise barrier wall question with
g Minnesota Department of Transportation personnel and can now subidt the
I�
following infonrat:ion:
1. Project nnngi.neer Norm Jansen reports that most sodding work
will be delayed til about 1st since that is a
y+ed Septedx�r
much better time to assure %vwth. The decision of when to
start sodding is the contractor's, not M DOT's, and it is
the oont rzt x's responsibility to maintain the sad for 30
days after it is layed.
2. Mr. Jansen also advised that vonstructicn of the noise walls
is complete and that any extension or raisin would have to
be iaoosated into a future contract.
Ne recx�ar� that I discuss this guesgtticn with I�r. T+�eichselbaum.
A copy of my letter to Mr. weichselbaum is attached. He advised
me in our teleplone oonversation that be will ask their designers
to review this matter, then report back to us.
RespectfuLty suizritted,
Sy P. Imapp
cb
Attactur�t
is
July 16, 19 79
Mr. Chuck 1-*-ichselbaun
Assistant District rngbjeer
YAMV sota Depart of Tzansportati,on
2055 forth Lilac Drive
(bldg n Valley, M 55422
M Noise tall on I -94
S.W. t f
quadzan o T.H. 152 Intel
Der 1k, h'eichselb3um:
The City has received som resorts f=m residents In the SmiLva est grant
of the 1- 94/V.H. 152 interchange which indicate that the noise wall. along
I -94 should have been eked sit fu rtber easterly, and that the
easterly end of the wall which caps c anstructed should have been built
higher in order to do an effective job.
The Brooklyn Center City Council, on July 9, adopted a notion asking that
this be investigated and requesting aorrecUme action be taken if it is
indicated.
Please review and vast on this request.
I ; YOM vezy truly,
Sy P.
Ll or of Public Work
Cb
i`
Oct Pm it Holmlund
Gerald Splinter, city lIb
> M & C No. 79 -18
July 20, 1979
FROM THE OFFICE
OF THE CITY MANAGER
CITY OF BROOKLYN CENTER
Subject: Status of Various Issues Relating
to Howe, Inc.
To the Honorable Mayor and City Council:
At your regularly scheduled meeting of July 23, 1979 there is a separate agenda item
relating to the appeal of Howe, Inc. from an administrative order of the City's
Building official which required Howe to remove the currently existing temporary
structure on their site. This appeal will be discussed at a'later point in this
memo.
From our review of the rather extended and complex issues involving Howe, Inc. and
the fire which occurred earlier this year, I believe there are four issues before the
City Council in addition to the aforementioned appeal. These issues are as follows:
1. A report, requested from my office by the• City Council, regarding the
feasibility of phasing out the nonconforming elements of Howe, Inc. through ordinance
changes and otherwise; -
2. A report and chemical analysis of damage done to private lawns in the
vicinity of Howe, Inc. together with a report on any assistance the City 'can ' give in
halting lawn damage and obtaining restitution for existing damage;
3. The renewal of a permit to discharge explosives on the Howe site;
4. An ordinance regulating the storage of chemicals.
Chemical Analysis of Damaged Lawns and Restitution A listing of all types of chemicals
stored and used at the Howe site was provided to the laboratory hired by the City to
analyze damaged lawns. Laboratory personnel reviewed the type of damage sustained and
analyzed those chemicals which could cause the type of damage found. The results con-
firmed the findings of the Minnesota Department of Agriculture. Sufficient quantities
of Atrazine were found in the test samples to cause the dead grass. I have also received
the copy of the letter from the University of Minnesota Agriculture Extension Service,
in which a representative from that service reviewed several theories which explain the
method by which high levels of Atrazine penetrated the lawn areas in the neighborhood
around Howe, Inc. By of a summary of that letter, the damage could have resulted in
one or both of the following ways.
1. During the fire, Atrazine particles became airborne and were deposited in
large quantities throughout the residential neighborhood surrounding the Howe site;
2. Dust and soil material which had been contaminated by Atrazine were blown
by the wind throughout the neighborhood area, thus depositing the Atrazine on the lawns.
M & C No. 79-18 -2- July 20, 1979
On Thursday, July 19, 1 received copies of reports confirming a phone conversation
with Mr. Grotbeck of the State Agriculture Department that soil samples from the
Howe site indicate high concentrations of Atrazine. These dust samples were taken to
ascertain whether or not sufficient concentrations of Atrazine were present to kill
lawns if this material was to become and drop on adjacent lawns. Mr..
Grotbeck states there are sufficient concentrations of Atrzine on the site to kill,
adjacent lawns. However, he could not absolutely confirm that this is how the lawns
died. He did say it seemed to be a logical conclusion. He is currently in contact
with the PCA and other State agencies to inform them of these facts and will be
reporting back to my office next week.
Assuming that Atrazine -laden particles are still being blown and deposited throughout
the neighborhood area, and assuming that Howe, Inc.is responsible for this contamina-
tion, individual property owners in the area have aright, under Minnesota Statutes,
to maintain a private action for nuisance. These private claims of citizens could be
i
consolidated with a nuisance action brought by the City pursuant to a recommendation
discussed at a later point in this memo. By riding the City's coattails the citizens
could reduce their legal costs. (I:am informed by the City Attorney that he wishes
to avoid instigating private lawsuits because it is unethical for an attorney to do.
so.) The City Attorney reports, however, in response to questions from the City
Council, that these private actions for nuisance are available and that consolidation
of them with the City's case is a possibility.
Extension of Dynamite Permit Howe, Inc. at a previous meeting requested the City
Council to defer acting on the staff's recommendation relating to the dynamite permit
pending.their presentation to the City Manager an alternate proposal which would be
more acceptable to the City. Mr. Tom Howe has submitted and I have had Mr. Bruen,
through the Fire Department, review a new system or type of explosive which does reduce
I
g P Y Yp P
in some measure the safety concerns regarding use of explosives at the Howe facility.
Attached is a letter from Mr. Howe explaining the new explosive. By way of summary,
this type of explosive, which is called kinestik, is a two compound explosive which to
become explosive must be mixed. The individual separate compounds can be mailed and do
not require special storage. The only time they become explosive is when they are
mixed together and set for a period of time. The use of this type of explosive would`
represent less storage of potential explosives on the site and reduce that aspect of
the problem. However, there still would be the same amount of and number of explosions
on the site unless there is modification of the way the fertilizer is handled, stacked,
or processed.
Ordinance Regulating Chemical Storage. We have received the Hickok Report and have .11
had ample opportunity to review that report, Howe, Inca presented criticism and the
Council was p rovided an answer of that criticism, I
believe it addressed all the
salient criticisms in the Howe document. It is the staff 's co nclusion the City Y Council
ought to consider the development of a chemical storage ordinance which would in effect
license the storage of toxic and /or dangerous chemicals one of the prime aspects of
this ordinance would be to place the burden on the storage facility owner and /nor renter
to notify the City of the type and amounts noxioussor toxic dangerous chemicals.
stored in the facility and to work jointly various-City-departments develop-
ing an emergency spill or disaster plan. Development of such an ordinance will require
substantial technical assistance. This technical assistance would have to be in the
form of consultants as we do not have.staff people capable in many these areas.
M & C No. 79 -18 -3- July 20, 1979
Temporary Building Permit Appeal A review of the building permit and related
history is sufficient to uphold the action of the Building Official.
By letter dated and delivered January 10, 1979 Howe, Inc. requested a permit "for
construction of a temporary structure" for the purpose of carrying on salvage operation
on the Howe, Inca premises. Temporary structures are controlled by Section 1601 (d)
of the State Building Code which states as follows:
Temporary Buildings. Temporary buildings such as reviewing stands and
other miscellaneous structures conforming to the requirements of this
Code, and sheds, canopies, or fences used for the protection of the public
around and in conjunction with construction work may be erected in Fire
Zone No. 1 or No. 2 by special permit from the Building Official for a
limited period of time, and such building or structure shall be completely
removed upon expiration of the time limit stated in such permit.
The Building Official, after consultation with the City Attorney at a meeting in which
representatives of Howe, Inc. participated, determined that the demolition of the burnt
out building could be considered "construction work" within the meaning of Section 1601
(d). Since salvage operations are not recognized by the Code, the salvage would be con -
strued as incidental to the demolition. The Building Official, after consulting with the
City Attorney, determined that the Code could be stretched to permit temporary buildings
in Fire Zone No. 3 because Section 1604 of the Code provides that any building which meets
the requirements of the Code may be constructed in Fire Zone No. 3; Section 102 and 103
of the Code also support this view. Subsequently, the Building Official explained his
interpretation to the representative of the State Building Code Division and received
oral confirmation that this interpretation was permissible.
On January 11, 1979 Howe, Inc made application for a building permit (copy attached)
indicating that the type of structure would be "Temporary building for salvage purposes ".
On January 17, 1979, the Building Official issued Permit No. 18287 authorizing a
"temporary building for salvage purposes ".
On the same date, January 17, 1979, the Director of Planning and Inspection informed
Howe, Inc. by letter of the issuance of a permit for a temporary building for salvage
purposes. Other uses of the building were expressly prohibited. Removal date for the
building was May 1, 1979 and a $5,0.00 performance agreement and financial guarantee
was-submitted to insure that the building would be removed (copy attached). The permit
was specially linked to demolition permits issued on January 11, 1979.
On April 27, 1979 Howe, Inc. applied for an extension of time on the temporary
structure "for the purpose of carrying on salvage operations associated with the
fire damage`.
By letter dated May 4, 1979 the Director of Planning and Inspection extended the
temporary building permit through July 1, 1979- Mr. Warren restated the temporary
nature of the building and its salvage purpose on its use, and re- emphasized the date
through July 1, 1979.
M & C No. 79-18 T4 July 20, 1979
On June 22, 1979, Howe, Inc. requested a further extension on the life of the temporary'
building, re- emphasizing their need to continue their salvage operation (letter attached).
Mr. Howe 'stated that normal business operations"had slowed the salvage work and that
break -ins and theft had interrupted the work. This second extension of time was denied
.by the Director of Planning and Inspection (letter attached).
The Howe appeal consists of several appeals which will be discussed separately. First,
the letter submitted by Mr. Russell states that the ,temporary building is sti-Ll needed
for further salvage. Tne position of the Building Official is that during the past
several weeks very little salvage work has been done, the temporary structure is the
subject of theft and vandalism, one fire has already occurred from apparent careless
use of a torch, and that six months is ample time to salvage equipment. The Building
Official will be available at the Council meeting to elaborate.
Second, Mr. Russell seems to state in the first paragraph of of his letter that
temporary buildings may be erected for uses other than fire salvage. Theoretically
this is true. A temporary building could be erected in connection with a building
permit for the construction of a permanent building. No such permit has been issued
for the Howe site. A temporary building could be erected in connection with the
demolition permit for a burned out or damaged structure. This has been done at the
Howe site. The building has been demolished. "The temporary building is no longer
needed in connection with demolition. The temporary building's secondary use, salvage,
is not being actively pursued by Howe, Inc. Salvage is not specifically covered under
the Code. It was permitted by stretching a point, by linking the salvage to the
demolition permit. That link no longer exists.
• Third, Mr. Russell's letter challenges the decision of the Building Official that
temporary buildings must serve new construction. A careful reading of the language
shows that the Building Official is correct. That section .of the Code-,.refers to
temporary buildings, miscellaneous structures, sheds etc., used in con)un
with construction work The Building Official has" already stretched the language of
the Building Code to include demolition and salvage within the meaning of "construction
work ". The demolition is complete. The "salvage" at this time, consists-entirely of
the storage of various items; of personal property within the temporary building. This
storage of personal property was. specifically-prohibited by the terms of the original
permit.
Finally, Mr. Russell's letter asserts-that a temporary building will serve the con-
struction of a replacement building for which permits have not been issued. It is
difficult to justify a temporary building which.will be used "in conjunction with
construction work" if that "construction work" has" neither been authorized nor
commenced. It seems clear that the demoltion has been completed', the salvage has
become simply the storage of personal property, and the purpose of the appeal is to
bring about the birth.of a permanent building by-extending the life of a temporary
structure.
M & C No. 79-18 -5 July 20, 1979
Elimination of Incompatible Nonconforming Uses and Nuisances Since the City Council
ordered a review of potential alternatives for "phasing out" the Howe nonconforming
i use, the attorney, myself and Planning personnel have reviewed this situation
thoroughly. This review, because of its legal implications, has weighed heavily on
advice of our City ttorne as it relates to the potential success of an alternative
Y Y P Y
selected. It is our belief the State Legislature has granted the City of Brooklyn
Center the power to effectively regulate Howe Fertilizer plan in several different
ways. One way is through zoning. Another way is through the general welfare clause,
which is the power of the City Council to provide for the government and good order
in the City, to protect public and private property to the benefit of residents,
trade, commerce and in the promotion of health, safety, order, convenience and
general welfare; and a third way is by virtue of the City's statutory power to control
nuisances and to provide for their P revention and /or abatement.
Howe, Inc.'s chief problem is its manufacture of fertilizer. This manufacturing is
both a nonconforming use and a nuisance. It is a process which produces the dust
around the site and it is also the process which produces the ammonia -like smell,
and, in the end, it is the process which creates the need for a major use of explosives.
Our recommended course of action, which will eliminate the nonconforming aspects and
the nuisance aspects of Howe, Inc., will consist of a "regulation" of the use rather
than a "taking of the property We believe the City has ample authority under its
zoning statutes and general welfare statutes to eliminate nonconforming uses by amor-
tizing them over a period of time and /or to eliminate the nuisance aspects of their
uses through the application of a nuisance statute.
i
Recommendation
1. It is my recommendation that the City Council authorize the staff to prepare
an ordinance which would "phase out" the nonconforming and nuisance aspects of the Howe,
Inc, operation.
2. If the Council accepts and orders the preparation and passage of such an
ordinance, it will be our recommendation that rather than wait for the amortization
period within the ordinance to pass, the City should commence a declaratory judgment
action requesting the court to declare the amortization schedule as reasonable and not
in violation of Constitutional rights. Coupled with the court action on the noncon-
forming use an action for abatement of nuisance based on the history of pollution and
contamination of the residential neighborhood should be commenced. The requested
abatement would be for the most severe contamination immediately and the remainder
thereof with an amortized schedule set up within an ordinance, The Council could
also advise residents who have suffered lawn and garden damage that their remedy for
reimbursement lies in their hiring a lawyer to commence an independent action for
nuisance which.could eventually be consolidated with the City's case.
3. I recommend further that if in light of the phasing out of the nuisance
aspects in the manufacturing process, which involve dust and ammonia -type smell as
well as others, the need for the explosive in the operation of the Howe facility
would be substantially reduced, if not eliminated. During the interim period it would
be our recommendation that Howe, Inc. be allowed to use the kinestik type explosive
as it represents another step in making the dangerous business of use of explosives
safer. We are still concerned that explosives are used on a regular and continuing
ba#v— adjacent to residential areas and heavily traveled thoroughfares. We do not
consider this to be acceptable on a long term basis.
y
M & C No. 79 -18 -6- July 20, 1979
4. The City Council should instruct my office to prepare an outline of and
an estimated cost for developing a chemical storage ordinance for your review and
after receiving that report, the Council could then make a decision on whether or
not to order the work on the preparation of such an ordinance.
5. It is further recommended that the appeal on the decision of the Building
Official and the Director of Planning and Inspection on the temporary building issue
be denied, and the decisions of the City officials be upheld.
Re c ull u fitted,
Ge al Splinter
City M ger
CITY OF BROOKLYN CENTER
encs.
M & C NO. 79 -18
July 17, 1979
( FROM THE OFFICE
OF THE CITY MANAGER
CITY OF BROOKLYN CENTER
Subject: Status of Various Issues Relating to
Howe, Inca
To the Honorable Mayor and City Council:
At your regularly scheduled meeting of July 23, 1979 there is a
separate agenda item in addition to the following concerns and issues! ^ity G&M -t —e l
the appeal by Howe, Inc. from an administrative order of the City's
Building official to remove the currently existing temporary structure on their site.
From our review of the rather extended and complex issues involving Howe, Inc. and the
fire which occurred early this year, I believe there are four issues before the City Council
other than the aforementioned appeal. First of all, the City Council has requested a report
from my, office regarding the potential for "phasing out Howe, Inc. through ordinance changes
and /or other ways; °report on the chemical,analysis regarding damage to the private
lawns and what status or what opportunities the citizens have working through the City in
seeking a solution to the problem and restitution of damages a�
0411eri the explosives permit and the chemical storage ordinance.
With regard to the status of the chemical analysis on the dead lawns in the
Howe, Inc. vicinity, the laboratory we hired to do the analysis had a listing of all the
types of chemicals stored and used in the Howe site and reviewed the type of damage being
done and then xkxyxedx analyzed for those chemicals which could potentially cause that kind
of damage. Results wtT-e confirm S4 the findings of the Department of Agriculture in that they
found sufficient gxxsxkxkx quantities of Atrazine in the test samples to cause the dead grass.
I have also received a &opy of a letter from the University of Minnesota Agriculture Extension
Service in which a representative from that service reviews his theories relating to
how the levels of Atrazine reached the lawn sites in the area of Howe, Inc. By way of summary,
they involve basically either that during the fire tO Atrazine particles became air bosxx
borne and were deposited over the immediate area and/or that contaminated soils containing
Atrazine were blown through the area, thus, depositing the Atrazine on the lawns.
Since the City Council ordered a review of potential alternatives for
"Phasing out" the Howe nonconforming use, the attorney, myself and if& Planning personnel have
reviewed this situation thoroughly. This review, because of its legal implications, has
weighed heavily on advice of our City Attorney as it relates to the potential success of
any alternative selected. It is our belief the State Legislature has granted the City of
Brooklyn Center the power to effectively regulate Howe Fertilizer plant in several different
ways. One way is through zoning. Another through general welfare, which is the power of
the City Council to provide for government in good order in the City to protect public and
Pixxx private property to the benefit of xxstdexxx� residents, trade, commerce in the promotion
-2 -
of health, safety,order,- convenience and general welfare; and by virtue of the City's_'
power to control nuisances and to provide for their prevention and /or abatement. Howe,
Inc.'s chief problem as it relates to the nonconforming aspect of its business is that
portion of its business that relates to the manufacturing of fertilizer It is
the process which produces most of the dust other than that from the ground around the
site and it is also the process which produces the ammonia smell and in the end is the
process which creates, the need for the major use of explosives. our recommended course
of action 'in eliminating the nonconforming aspects llrA the nuisance aspects of Howe, Inc.
will be directed toward the "regulation" ather than the "taking" of property. We believe
the City, has ample authority under its zoning statutes and general welfare statutes to
eliminate nonconforming uses by amortizing them over a period of time and /or eliminate the
nuisance aspects of their uses through the application of nuisance statutes.'
Howe, Inc. at a previous meeting requested the City Council to defer acting
on the staff' e o
s r comet nf dation relating o the dynamite permit pending their. presentation
g Y P p p
g
to the City Manager an 'alternate proposal which hopefully would be have more acceptance
by the City staf
Mr. Tom Howe has submitted
and I have had Mr. B en tzh ou h the Fire
ru � r . g
Department, - review system or type of explosives which does reduce
the'safety regarding use of explosives at the Howe facility. Attached is a letter
from Mr. Howe explaining the new explosiveA. By way of summary, this type of explosive
which is called kinestik's a two compound explosive which to become explosive must be-
mixed. �he individual compounds can be mailed tLnd do not regiuire special
storage. The only time they become explosive is when they are mixed together and set for
a period of time. The use of his type of explosive would represent less storage of potential
explosives on the site and ke that aspect of the problem. However, there still
would be the same amount of and number of explosions on the site unless there is
modification the way the material is handled, stacked, or processed.
DDDDDD `Another aspect of the problem is the chemical storage ordinance." We have
received the Hickok Report and have had ample opportunity to review that report. Howe, Inc.
presented criticism of that report in writing and I had Hickok Engineering review that
criticism and the Council was provided an answer of that criticism by Howe and I believe it
addressed all the.salient criticisms in the Howe document. It is the staff's conclusion
the City Council ought to consider the development of a chemical storage ordinance
which would in effect license the storage of certain types of chemicals - believed -to be toxic
and /or dangerous. one of the prime aspects of this ordinance would be to place burden on the
storage facility owner and/or renter to notify the City of the type and amounts of noxious
or toxic dangerous chemicals stored in the facility and to work jointly with the.various
City, departments developing an emergency spill or disaster plan. Development of such an
ordinance will require substantial technical assistance. This technical assistance would have
to be in the form of consultants as we do not have staff people capable in many of these
areas.
RECOMMENDATION
1.
It is my recommendation that the City Council authorize the staff to
prepare an ordinance which would "phase out" the nonconforming xxpaxks and nuisance
aspects of the Howe, Inc. operation o
2. If the Council accepts and orders the preparation and passage of such
and ordinance, it will be our recommendation that rather than wait for the amortization
period within the ordinance to pass, the City should commence a declaratory judgment action
requesting, the court to declare the amortization schedule as reasonably and not in violation`
of Constitutional right.. Coupled with the court action on the nonconforming use an action
for abatement of nuisance based on the history of pollution and contamination of the
residential neighborhood should be commenced. The requested abatement would be for the
most severe contamination immediately and the remainder thereof with an amortized schedule
set up within an ordinance. The Council could also advise residents who have suffered lawn
and garden damage that their remedy for reimbursement lies in their hiring a lawyer to ride
on the coattails of an independent action for nuisance which could eventually be consolidated
with the City's case.
3. Recommend further that if 14 light of the phasing go out �of the nuisance
aspects in the manufacturing process, which involve ammonia and others, the need for the
n
explosive_ in the operation of the Howe facility would be substantially reduced, if not
eliminated. During the interim period it would be our recommendation that Howe, Inc.
be allowed to use the kinestik type explosive as it represents another step in making the
dangerous business of use of explosive - - °-' m- - e safef,�, °a_ Ue are still concerned
Yit the fact
a explosives are used on a regular and continuing basis adjacent to residential areas
and heavi y 'trd thoroughfares.
mo t,. The ti City Council should instruct my office to prepare estimated!' cost
(� T
!"developing a chemical storage ordinance for your review and after receiving that report,
UU the`Council could then make a decision on whether or not to order the work on the preparation
of such an. ordinance.'
Respectfully submitted,
Gerald G. Splinter
City Manager
€ -5-7,k, ,nom
r# 4821 Xerxes Ave. No. • Minneapolis, MN 55430
FERTIMERS • AGRICULTURAL CHEMICALS (612) 5 535-1030
May 24, 1979
Mr. Gerald Splinter
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minn. 55430
Dear Mr. Splinter,
I thank you for the opportunity to discuss various ideas for
the elimination of explosive storage at Howe Inc. This letter is
a summary of our conversation with you and Mr. Lindman.
The use of explosives is common in industry. Over 2; billion
pounds of explosives are used in industry each year. It has various
applications and is extremely valuable to man. In the fertilizer
industry it has been used as a safety proceedure for employees. It
is necessary and common proceedure to use explosives to deal with
the overhang of bulk fertilizer in bins. This proceedure protects
the employees by keeping the face of the fertilizer at an angle.
Without bringing down the overhang unloading would be dangerous to
the employees.
We have investigated a number of alternatives to replace
explosives. We have looked at air blasters, vibrators, back hoes
and heavy equipment, CO cartriges, and formula changes with
different raw materials. None of these alternatives were able to
offer a solution to protecting Howe employees
In the course of our investigations we have worked with Jack
Lee and Paul Zamzow of the Bureau of Alchohol, Tobacco & Firearms"
Department of the Treasury. The Bureau of A.T.F. have set up the
guidelines for storage of explosives and are in charge of their
enforcement. They have inspected our magazine and witnessed our
proceedure of blasting. They have also been helpful with suggestions
of keeping the storage of explosives to a minimum.
At about this time your staff report expressed the idea of
eliminating the storage of explosives. With this idea in mind the
Federal A.T.F. Agents suggested a new product made by Kinepak Inc.
A product information sheet is enclosed.
Kinestik* is a two component explosive Each seperate component
by itself is not an explosive and needs no special storage or
handling. Once the two components are combined it then can be
detonated with a blasting cap.
Chemically Combined Plant Foods— Full Line Fertilizers & Services
-141 Auaj 4821 Xerxes Ave. No. a Minneapolis, MN 55430
FERTILIZERS • AGRICULTURAL CHEMICALS (612) 535 -1030
Mr. Gerald Splinter
May 24, 1979
Page 2
The U.S. Bureau of Mines have tested this product under extreme
conditions. It passes the Bureau of Mines impact, rifle bullet and
friction tests. It has no temperature problems. It can be shipped
.anywhere if the country by United Parcel Service or any other
common carrier.
This alternative provides for the safety of the Howe Inc. employees
by bringing down the overhang and at the same time eliminate the
storage of explosives at Howe Inc.
One and only one charge would be present and then only when
needed at our facilities. It takes about twenty minutes once
the two components are combined to become fully sensitized. During
this period that charge would be kept in our Federally inspected
and approved magazine which is safely designed for much greater
quanties.
We would continue as we have over the years calling the Police
Dept. each time a charge is used.
Again I stress that this is a common and necessary use in the
fertilizer industry; that this has been safely used within our
plant for 25 years without a single accident; that we blast only
when we have to which is usually in the spring when the movement of
fertilizer occurs; that this is used se within our building; that _noise-
tests taken by the county sanitarian shows that it is not a noise
problem to the neighbors, or noticeable even upon your visit to our
plant.
This is an acceptable and safe solution for all concerned. This
is a practical solution because it does not take away the means of
protection for our employees and yet assures the City of no
explosive storage in the city.
I ask that you strongly consider and recommend this proposal.
Sincerely yours,
Thomas Howe'
Chemically Combined Plant Foods — Full tine Fertilizers & Services
U
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Pour in a small amount of liquid.
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' Let remainder percolate through cartridge.
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KINESTIK Is available in % and t pound cartridges and in a % pound ��"� -• �� ' , -
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lliexlble package.
- --^a tom• ...•. a . is � a . � ; ,
Excellent for t` le nok-.� and '��1. �.� � '���-
transmission Ilea con stru lion,
d i t it h i n a nd st u � p n Re-cap and let stand for ZO minutes. r
• e t'i.
When armed, KINESTIK is a water- resistant, easy -to-handle explosive
with a strength greater than 60 of dynamite. But, until you arm it, the
component parts are non- explosive. No Class A magazines are needed
for [ INESTIK until the two components are armed ... and you never arm
them until you are ready to use them. If you arm too much, simply pour out
the excess and water it down. It will not affect the soil . except to make
the grass a bit greener!
ADVANTAGES
V !.
,.
a High shock energy
% Improved safety
e Passes Bureau of Mines impact, rifle bullet and friction tests Wire In cap.
• Transportation by common carrier
+ No Class A magazine required until armed •, :PL 'SlV f F; f.)P I i
• Note- headache
• No temperature problems * Greater strength than 60 dynamite
O ACKA GING • Density 120 g/c C
ME
i Fume Class Il
• K 1/3S (1 /3 pound) (1+/4'W ") Cartridge 96 /case s Nonexplosive until awned
• K 1S (1 pound) (2"x9") Cartridge- 48/case
• K 1125 (1/2 pound) (1 1 /2"x8 ") Foil Stick -24 /case • Sensitive to #6 cap or 50 -grain detonating cord
H D a � 4821 Xerxes Av No. + Minneapolis, MN 554
s�s�r
1ZERS + AGRICULTURAL CHEMICALS (612) 5 35 -1030
January 10, 1979
W. J. Dahn Building Official -
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Gentlemen:
We have been served with your notice to abate the nuisance
created by the fire on January 1979, at the Howe, Inc.,
plant at 48th and Xerxes Avenue North consisting of burned
and damaged buildings, vehicles, maintenance equipment, chemi
cals and containers.
The cleanup of the chemicals is being supervised by the
Minnesota Department of Agriculture, the Minnesota Pollution
Control Agency, the U.S. Environmental Protection Agency, and
the Minneapolis Pollution Department. The chemical cleanup will
involve recovery by the companies of origin of certain full and
partly full containers and appropriate disposal of chemical
s p ills ills which cannot be recovered.
The burned out building which housed maintenance opera-
tions and vehicles, as well as chemicals and fertilizer, con -
tains numerous items which may be salvaged or which may have
components which may be salvageable, including forty foot
vehicles and payloaders.
Request is hereby made for construction of a temporary
structure for the purpose of carrying on salvage operations on
the Howe, Inc., premises. The requested structure will be 24' x
60t to accommodate for examination and necessary action the
various large and small items which may offer possibilities of
salvage.
The time table to be suggested by the regulatory supervisory
government agencies is at this time unknown. The time table for
inspection and adjustment of the insurance loss is unknown.
The recovery of the maximum amount of chemicals still in
containers is indicated to avoid the hazard to the environment
which could result if the fire debris were merely loaded enmasse
into trucks. However, this recovery procedure may be a lengthly
process.
Therefore, the length of time requested for use of this
temporary structure is as necessary to complete the salvage
operations and renewable as dictated by circumstances until the
adverse effects of the f ire have been cured.
Mwe co orat d q
. .. t °fit
we ,
BH:d rt
Chemically Combined Plant Foods = Full Line Fertilizers & Services
CITY OF SP03Y.LY;1 CENTER, 110111LS)TA 55130 Phone 561 -5440 _
A AuzzO1.YC PE xrr WILL ZE ISSDZD ONLY WHEN A CONPLE':! AP FLICATIOH, r. .r1UD11X ALL REQUIRED.
RZANS AHD SPECIFICATIOYS, HAS BEEN APPROVED. SEE CTKSR SIDE FOR REQUIRED DO+:UMEHTS.
CONPLETU ALL 'ELEVANT SECTIO PLEASE PRMT.
SEC A, AL APPLIC.'.1TS Ca :A=
_
1. Job Adorers: [I v I YALE -5e
/ ✓� +�0
2. Owner's Name, Address OLGic° 11✓C- �'a/ R CS ee Me -A
3. Applicant's :lame, Address, Phoned
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4. proposed York: aai d Dem li-;n* __:;�vee Install Repair Romdel
f0dit on Eiclose Fe-roof Pay: 7r Other:
S. Structure Type: i :GG1 t''i ..' ir•.� P m lling Gaffe 4�cessory v 3
Fi :e •� - - residential • ' f`"
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6. Valuation of ;•krSt (Exciut<e Land ): 3- -� s ,:,
r*gw:red by ord_12Sce.
7. Completion Date:
SEC tIOIb B, FOR A" . �_ ' " M + •:-- C �_Y t t R
C,� :.,ir, - s..i :l, R_ I E,;R:: :.i,L' TRIM., AMITMNS, ':�1CR "•�'3C'EL.
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. 9. Roof: Coc4position Dl It -UD
SECT h:1 C. C ,'; 6 ; CGP:StRLCi C' "d: nr: ,�
I F- DITil"NS, f' AJ! R RE f:2E+
• 10. Construction: Z,-.t x� �,� _ -
!. =^arrc D �e.al �i^efab Other:
11. Fountlaz Slab Wood
1E. Dimensions: Feight = /¢ _L
Ft. Or Stori = Ft Depth _
_ es 'width ?d . = � d rt. Gross
Area Ft. Gr and Cove.. -gage of Wag. ; So. Ft. of a - c
gam•- So. Ft.
13. Use Description: RzridentW C S' n D
- zngl - D ouble A ccessory'
{ CxiTF3ge Pati.o/Pamil At c:a_d Detached) Come.+ IN±Istry "
t Tenant Retail Office Ciim c Service * 'Lfg, I ftles r? e
_ weouse) Other:
-14. Site Data: Io , -
t ,� Interior Corner - di Faces N -&Z-17 onto (street)
Distance to Lot L : : mr= = Rear" = C ) Side =
{ I Side From Dwelling to.Deta.hed Bldg. = Ft.
' -rzm Overhead t7ires
(Horizantal) a Pcol = :'t. or (Vertical) —m Rais =ed Deck - Ft. Legal PrcpA._rty
Corners (stakes) Are Am lint Krlotan_ . Iep1 Ease=nts Do Do Not £, dSt �
is. Corsrents:
• SECTION D. ALL APPLIU,JS READ A'.."D SIGN.
• 16. Notice: mrs ZS ^ t. . ^iitltT. w "SOT Zo " ".Er.'c^ I1r, 71 U.`.'TIL a E^;IIT MS �
.� �££.. 1, su..
SF•FdRr1TE ?ER:►ZTS AItS :wti.!.I &ED FOR Iri,TER AND SF..'EF: ttiORl. E;Ei._T :3a.. ?LU.IBZSG, A:ItJ ":£C:IAiVICAL
iA7FtK. PER:IZTS Exmr ZF trORK :S nCT STnrz. f- THIN C'v MrS Or Iss:1A.'CS. r;z rr t-xmc IS
SUSPENDED OR AFA :.•YJSED FGS A CO.L'SECUTl'.'.�' PM IM) OF 1 70 DASS AT ANY TIA:£ AF ::R SAFD igCgr IIAS
C17/LMSCED. AT LEAST cz-'r D..Y 10 =z IS Rz; t;x; D FCR INCP=a^IO:YS.
7. Application: v c LG'.'mR,:ZC1ED Pr=BY :IRS 's nos LIciTIOv FOR'TSE t�OSIC R ::Ti I7 S!"F.CZFIED,
dCREE1NG TC PO :.L:. tit? :tt' IN STRZCT ACCi•PIMINCE F :I C :-.r 0VD1V:,:CZ5. APPLICABLE CO'MI, AND
BULIi:GS OF TIFE !:UZl.DI.CC gFFICIF. ! A- D, F?FP.EBY XCUIRr S VIAT 7 7-US APPL...ATI;7;J imS B£E Y
REVIEkZD AND TFFAT ALL ^di jjv O'Z, 'STATED 1'.C.REI:I. r17CLUDI:VG ALL ?i.:w45 AND SsEC.iFICtl :IG'NS, `
IS TRUS AX-7 COP.RECT. �)�'/ '
1-7 fp
January 17, 1979
Mr. Bill Howe
Howe, Inc.
4821 Xerxes Avenue North
Brooklyn Center, III 55430
Re: Authorization to Erect Temporary Structure for Salvage Purposes
Dear Mr. Howe:
This letter is in response to your request to erect a temporary structure on
the Howe, Inc. site for the purpose of carrying on salvage operations associated
with fire damage that occurred on January 6, 1379.
• As you are at-:are from discussions with she L � E
City staff, temporary build=ings ,�, Under
r
the State Building Code are not recognized as permitted structures LvI 1 1�ss they x
are erected in conjunction with the construction of new. builuings and zre r`- t
moved upon completion of that construction. It is our interpr o�; the
Code that a temporary structure could be permitted in conjunct wi -h a Sal ��ave
operation provided the proper demolition permits have been obtained, and t=
building is reaoved upon completion of the salvage operation.
A demoli permit was issued to your representative, Mr. Wlill Kranz, a
general contractor, on January 11, 1973. Mr. Kranz has also submitted a site
plan indicating a proposed location for a temporary building on the Vo: site
to assist in the salvage operation, as well as a brief detail indicating the
design of the structure. This site plan, as we had requested, has burn re-
viewed by Mr. Dick Kable of the Minnesota Pollution Control Agency, who is-
coordinating the chemical cleanup on the site, and has been approved by him as k ,
to the general location of the temporary structure on the site.
The City has also reviewed the si plan and has made certain revisions and
Corrections, such as the need to maintain a minimum distance of 20 feet
betwaen the temporary structure and the potato shed.
Mr. B i 11 tiowe
Page 2
January 17; 1979
Your request to build the temporary 24 ft x 60 ft. structure is hereby authorized
subject to the following conditions:
1. The building is acknowledged as being temporary in nature and
is to be used only in conjunction with carrying on salvage
operations associated with the building destroyed by fire on
January 6, 1979. Any other use of the building is expressly
prohibited.
2. The location, size and design of the temporary building shall
be in conformance with the plan stamped approved by the City
of Brooklyn Center.
3. There shall be no storage of chemicals in the temporary
building and storage of any other r�iterials not associated
with the salvage operation is also prohibited. Any storage of
materials and work associated with the salvage operation shall
be subject to review and approval by the Fire Chief.
4. The temporary building shalt be dismantled and completely
removed from the premises on or beford Clay 1, 1979.
5. An appropriate Performance Agreement avd supporting financial
;+ guarantee, in the amount of $5,000.00, shall be submitted to
assure the removal of the temporary building. The Performance
Agreement must be executed i thin 7 days of the receipt of
t� this approval or the authorization for the temporary structure
shall be revoked.
If you have any questions or comments concerning th approval, please contact
me.
Sincerely,
Ronald A. Warren
Director of Planning And Inspection
RAW: ml g
cc: Gerald Splinter, City Manager
cc: Richard J. Schieffer, City Attorney
cc: Ronald Doman, Fire Chief
cc Wi llis Dahn, Building Official
cc: Dick Kable, Minnesota Pollution Control Agency
c William Kranz
CITY
Of 6301 SHINGLE CREEK PARKWAY
j� BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
I
C E 1�1
t EMERGENCY —POLICE —FIRS
» N .. 561.5720
May 4, 1979
Mr. Tom Howe .
Howe, Inc.
4821 Xerxes Avenue tr'orth
Brooklyn Center, MN 55430
Dear Mr. Howe:
This letter is in response to your April 27, 1979 wr.i tten request for an extension
to s temporary r the ur ose of carrying of time u se the structure erected for purpose y g on
salvage operations associated with the fire that occurred on January o, 1579.
You indicate that an extension from May 1, 1979 to Juiy 1, 1979 is needed for
salvaging various pieces of equipment and material affected by the fire. You
^;e wi th list estima the equipment that must be further
ittSpeci.EU, Le:)ted a ils vclur uiaiecu. _
On April 30, 1979, the Fire Chief, the Fire Inspector, the Building Official and
myself inspected the temporary building and viewed the equipment and material
still capable of being salvaged. It was noted that fire debris and the remains
of nonsalvaceable material and rubble have been removed from the site as per
the Building Official's January 10, 1979 abatement order. The Building Official's
report indicates that the temporary building is- adequately constructed to eontinue
the use of the building for salvaging material and equipment. he Fire Inspector
has informed you, in writing, of various corrective measures that must be
addressed.
Based on these inspections and reports, your request to continue using the 2V
x 60' temporary building for Salvage purposes through July 1, 1979 is hereby
authorized subject to the feliowing conditions:
1. The building is acknowledged as being temporary in nature and
is to be used only in conjunction with salvaging equipment
and material affected by the January 6, 1979 fire. Any other
use of the building is expressly prohibited.
2. There shall be no storage of chemicals in the temporary
building and storage of any other materials not associated
with the salvage operation is also prohibited.
. " ?lre _ Sys :tetlrul« ?�Lc7c (J %fit"
e
' Mr. Tom Howe '
Page ' 2
May 4, 1979
3. Any storage of materials and work associated with the salvage
operation shall be subject to review and approval by the Fire
Chief.
4. The temporary building shall be dismantled and completely re-
moved from the premises on or before July 1, 1979. No further
• extensions for using the temporary building beyond July 1, 1979
will be granted.
S. The Performance Agreement and $5,000.40 financial guarantee
shall be retained to assure the removal of the temporary
'building.
If you have any questions or comments concerning this approval, please contact
me.
Sincerely,
Ronald A. Warren
Director of Planning and Inspection
RAW. ml g
r Olin ±nw f i +v mn nn nar
RiChdrd Scthieffer, uiLy ni.i.vvttey
Ronald Boman, Fire Chief
Will Dahn, Building Official
t .
' 4��i •Lu
421 Xerxes Ave. No. • Minneapolis, MN 55430
FERTILIZERS AGRICULTURAL CHEMICALS (612) 535 -1030
June 22, 1979
Mr. Ron Warren
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minn. 55430
Dear Mr. Warren,
I would like to request an inspection of our temporary
structure and ask for an extention of its use for the purpose
of earx.ng on salvage operations associated with fire damage
that occurred on January 6, 1979. We would need an extension
from July 1, 1979 to September _1, 1979, This would allow
us to carry on this salvage operation. A rough inventory of
various pieces of equipment and material is included. A
sincere attempt was made to complete this work before July 1,
1979, however as we have previously discussed this period of
time ran into our seasonal movement of fertilizer which slowed
down the work. More recently a break -in and theft of many
pieces of equipment used in the reclaimation of fire damaged
equipment interrupted and continue to place restrictions on the
work.
We understand that no chemicals are or will be stored in
the temporary building. We also understand that this building
is temporary and have no intentions of making it a permanent
structure. However there is still work that has to be done
on the fire damaged equipment and material.
We very much need this building which was built solely
for the purpose of housing and protecting the tools and work
that are associated with salvage of the fire,-and ask that
you extend its use until the work is completed.
Sincerely yours,
Thomas L. Howe
Chemically Combined Plant Foods — Full Une Fertilizers a Services
r
. - �• :�
July 3 1979
. x
Mr. Thomas L. Flows
Howe, Inc. s
4821 Xerxes Avenue north
Brooklyn Center, lS1 55430
Dear Mr. Stowe:
This letter is in response to your June 22, 1979 letter requesting an inspection
of the temporary structure ere-cted on the Howe, Inc. site for the purpose of
carrying on salvage operations associated with the fire that occurred on January
6, 1979. . That letter also indicated that you desire an extension, from Ju y`l,
1979 to September I, 1979, of the previously granted permission to use the
temporary building for salvage purposes. You noted that Howe, Inca has had
difficulty completing the salvage and reclamation of equipment affected by
the fire. You also supplied me with a "rough inventory" of equipment and
material yet to be worked on.
The Building Official, on June 29, 1979, conducted an inspection of the building
and revievied the equipment and material still remaining for salvage and
ation work.
You will recall that a permit was authorized on January 17, 1979 to construct
the temporary building which included various conditions relating to that use,
one of which was that the building be removed on or before May 1, 1979. An
extension of time for use of that building, from May 1, 1979 to July 1, 1979,
was granted on May 4, 1979 with the stipulation that no further extensions
would be granted.
It is felt that approximately five and one -half months is a reasonabl- amunt
of time to complete the salvage operation. Also, two incidents have occurred
within the past two and one -half months which further indicate the undesirability
of continuing the use: 1) A fire which occurred on a utility pole in the
immediate vicinity of the. temporary building on April 22, 1979 and; 2) A breakin
at the temporary building that resulted in a loss of tools and other materials
-on the evening of June 19, 1979 or early morning of June 20, 1979.
\
ttt
Mr. Thomas Howe
Page 2 -
Al
July 3, 1 979
The extension of the permit to use the temporary building is, therefore, denied.
The buil should be completely removed within ten days of the receipt of this i{
letter. If the building is not so removed within that time, the City will proceed ,
to seek the ren - oval of the building through the remedies outlined in the Perform-
ante Agreement dated January 19, 1979 and assured by a $5,000.00 financial
guarantee. ,.
. _ t
-If you have further questions and /or comments, please contact me.
Sincerely,
Ronald A. Warren
Director of Planning and Inspection
RAW: ml g
cc Gerald G. Splinter, City Manager
Richard J. Schieffer, Ci Attorney
Ronald Boman, Fire Chief ;
Will Cahn, Building Official .
• s � •a
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No. 00 28 7 O �+ Add your address in the ••RLTURN TO" space on
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3 revere.
RECEIPT FOR CERTIFIED MAIL 1. The following srr�;re is requested (che(k one).
NO INSURANCE CCVEP,AGE PROVIDED— j e E] Show to whom and date delivered
NOT FOR INTERNATIONAL MAIL m [� Show -to whom, data and addresc of deliveri c
(See Reverse) E] RESTRICTED DELIVERY
i Show to whom and date delivered... .
F NT
r Ho we 0 RESTRICTED DELIVERY.
D r.0. Xerxes Ave N. Show to whom, date, and adiress of delivery. c____ AND ZIP CODE (CONSCLT POST IA F011 PEES)
rD DATE
P OSTA 4k-YA'- °Ce nter-,- t � x--55 2. ARTICLE ADDRESSED TO:
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CERTIFIED FEE � h $ NO.Ne
W — Howe Inc SPECIA D E L IVERY Q m p
RESTRICTED DELIVERY Q C 4821 Xer xes A N. — Bro oklyn Ce t:er
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w v tLl SIT 9 .D wH0A1 AND DATE m REGISTERED NO. CERTIFIED NO. ( INSURED NO.
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a 0 : E ?ED V: TH RtSTRi. TED C m f ❑ rltid,�sce [] Authorized aeent
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TOTAL POSTAGE AND FEES t "
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POSTMARK OR DATE
5. ADDRESS (COmplote only +t re�ve;t� �.+ {
d n ( p ! t
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T 6. UNABLE TO D£LWER BECAUSE: � CLEkK'S
Q :.YNITIALS
i r
C tk cro: isranrsex I
CITY
OF 6301 SHINGLE CREEK PARKWAY
B
0 K YINT BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 11 -5440
C ENT ER EMERGENCY -POLICE -FIRE
661-5720
July 12, 1979
Mr. Thomas L. Howe
Howe, Inc.
4821 Xerxes Avenue North
Brooklyn Center, MN 55430
Dear. Mr. Howe:
This is a followup to my July 3,,1979 letter denying your request to continue
the use of the temporary structure located at Howe, Inc. beyond July 1, 1979.
l i I have discussed the matter with our attorney, James Russell and have informed
y Y> >
him of the appeal process regarding conflicting interpretations of the provisions
of the Building Code.
Section 3 -102 (F) of the City Ordinances states as follows:
Board of Appeals. A board of appeals is hereby created for the
purpose of hearing and rendering a determination regarding
conflicting 'interpretations of the provisions of the Building
Code and regarding conflicting opinions of the suitability of
alternate materials and methods of construction. The Board of
Appeals shall consist of the City Council which may engage
qualified persons to provide technical advice on matters under
consideration. Appeals to the Board must be filed in writing
with the City Clerk. Within 30 days after an appeal is filed,
the Board of Appeals shall hear the appeal, providing not less
than 5 business days notice to the appellant of the time and
place for hearing the appeal. All decisions of the Board shall
be reported to the State Building Inspector within 15 days after
such decision is made.
Section 1601 (d) of the Uniform Building Code allows temporary buildings by a
special permit from the Building Official provided the structure shall be com-
pletely removed upon expiration of the time limit stated in such permit. It was
the Building Officials interpretation that a temporary structure could be erected
in conjunction with fire salvage operations at Howe, Inc. Such authorization was
g ranted on January 17, 1979 and the building was to be removed on May 1, 1979.
An extension for use of that building, from May 1, 1979 to July 1, 1979, was
granted on May 4, 1979 with the stipulation that no further extensions would be
granted. Your June 22, 1979 request for an extension from July 1, 1979 to
September 1, 1979 had been reviewed and had been denied per my July 3, 1979
letter to you.
..,?l :c So�cetlri�g �3l a.7e 'try "
Section 3 -102 (D) (Cont'd)
~� (4) Be served upon the owner or his agent or the occupant, as the case
may require. Such notice may be deemed to be properly served upon
such owner or agent, or upon any such occupant, if a copy thereof
is: served upon him personally, or sent by registered mail to his
last known address, or as a last resort posted in a conspicuous
place in or about a subject building,
(E) Hazardous and Substandard Buildings. All buildings which are struc-
turally unsafe, or not provided with adequate egress, or which constitute
a fire hazard, or are otherwise dangerous to human life, or which in
relation to existing use constitute a hazard to safety or health or public
welfare by reason cf inadequate maintenance, dilapidation, obsolescence,
or abandonment are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition, or removal in accordance
with the provisions of Minnesota Statutes 463.15 through 463.26.
(F) Board of Appeals. A Board of Appeals is hereby created for the. purpose
of hearing and rendering a determination regarding conflicting inter -
pretations of the provisions of the Building Code and regarding conflicting
opinions of the suitability of alternate materials and methods of construc-
tion. The Board of Appeals shall consist of the City Council which may
engage qualified persons to provide technical advice on matters under
consideration. Appeals to the Board must be filed in writing with the
City Clerk. Within thirty days after an appeal is filed, the Board of
Appeals shall hear the appeal, providing not less than five business
days notice to the appellant of the time and place for hearing the appeal.
All decisions of the Board shall be reported to the State Building Inspcctor
within fifteen days after such decision is made.
(G) Violations and Penalties. It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain any
building or system, or cause the same to be done, contrary to or in
violation of the provisions of the Building Code. Any person, firm, or
corporation who does any act or admits to do any act which constitutes
a violation of the Building Code shall, upon conviction thereof by lawful
authority, be punishable by a fine not to exceed five hundred dollars
($500.00), or by imprisonment not to exceed ninety (90) days, or by both
such fine and imprisonment. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder.
Mr. Thomas Howe
Page 2
July 12, 1979
If Howe, Inc. chooses to appeal that decision-and a written appeal is filed with
the City prior to July 17, 1979 (the day on which the building is to be removed
pursuant to my July 3, 1979 letter), the building will be allowed t o stand until
the appeal is acted upon by the City Council. If the appeal is received pri or, to
July 17, 1979, this letter will serve as notice that the City Council will hear
the matter as the Board of Appeals on July 23, 1979. The meeting of the City
Council will begin at 7 :00 p.m., and the time the appeal will be heard will be
dependent upon the Council's agenda.
If you have further questions or comments regarding this matter, please contact
me.
Si cerely,
onald A. Warren
'.Director o f Planning p
tannin and Inspection
RAW :ml g
cc: Gerald G. Splinter, City Manager
Richard J. Schieffer, City Attorney
Ronald Boman, Fire Chief
Willis Dahn, Bu ilding Official
M y y
Mary Hart Administrative Assistant
•
D.
1
James „�ssell Attorne��� ,�r Howe s Inc.
J.
1t1rARM BUILDING CODE }' j r �1 � 1976 EDITION
;�,.
rt t 1601.1602
e used to Group M Or - r r '
�Y with U.B.0 ° tRY l /
Stan- „
'�'.. REQUIREMENTS BAS ON LOCATION
V.
ar loor
Of operated, f
r asphaltiq paving IN FIRE Z ON ES
Chapter t6 ,
03 ; For agricultural ;le
RESTRICTIONS IN FIREZONES
General
.` Sec 1601. (a) Fire Zones Defined. For the purpose of this Code, the en-
_ tire city is hereby declared to be and is hereby established a Fire District
I
and said Fire District shall be known and designated as Fire Zones No. 1,
No. 2 and No. 3, and shall include such territory or portions of said City
as outlined in an ordinance of said City, entitled: "An Ordinance Creating +
and Establishing Fire Zi Whenever in this Code refer
• ence is made to
- any fire none, it shall be construed to mean one of the fire zones created by
said ordinance.
' (b) Buildings Located in More than One Fire "Lone. 1
,~• ` lure which is located 1 building or strut- i
- `• (�� �•_ �' "- partly in one fire zone and partly in another shall he
• Va.�^- -�~ considered to be in the snore higilly restricted fire zone when more than
` _ ,. : `.•` one -third of its total floor area is located in such zone.
k) Moved Buildings. Any building or structure moved within or into
any fire zone shall be made to comply with all the requirements for new
.+' z buildings in that fire zone.
(d) Temporary Structures. Regardless of type of construction, tem-
porary buildings, reviewing stands and other miscellaneous structures
conforming to the requirements of this Code, and sheds, canopies or f
fences used for the protection of the public around and in conjunction
�! ... with construction stork may be erected in Fire Zones No. 1 and No. 2 by
k special permit from the Building Official for a limited period of time, and
? i 1 such building or structure shall be completely removed upon expiration of
+• k, the tiro: limit stated in such permit.
(e) Center Lines of Streets. F the purpose of this Chapter, the center
M-� or t •E
line of an adjoining street or alley may be considered an adjacent property
' line. Distance shall be measured at right angles to the street or alley.
Restrictions in Fire
Zone No.1 Y
Sec. 1602. Y z?
(a) General. Buildings or structures hereafter erected, con -
4 strutted, moved within or into Fire Zone No, l shall be only of Type 1,
One -hour, 111, One -hour, or IV construction and shall meet t £
tide requirements of this Section,
97
M�siMAS.0 e�•- W.•r.-•r ..il. . tM11•NS\b.11>41ti`.YY..i - .•i
V"04E: 545 -563
ait"01""C&ROo RUSSELL. RUSSELL & MCLEOD AREA C 612
ATTQRNEve AT LAW
202 TMORPE BUILDING
SOBS WAYZATA BOULEVARD
GOLDEN VALLEY. MINNESOTA 55426
July 13, 1974
City Clerk
City of Brooklyn Center
6301 Shingle Creek Parkway
. Brooklyn enter MN 55430
yn ,
Attention: Mr. Ron Warren
Dear Sir:
Notice has been received by Howe, Inc. to remove its tem
porary building by July 17, 1979. This letter is the notice of
appeal by Howe, Inc., from the administrative determination that
the only purpose for which the temporary buildi could be erected
Y F P i t pora y g
and used is for fire salvage and from the determination that, since "
the time allowed for the temporary building and the sixty --day
extension had expired, the building should be removed even though
the need for the building by Howe, Inc., was undiminished and
would exist until its building lost by fire was replaced.
Application was made to the City of Brooklyn Center shortly
after Janua in
a 6 1979 for permit to build a temporary build
Y 3 � P P Y g
on the Howe, Inc., premises since on January 6, 1979, all mainten-
ance and garage facilities and tools had been lost by fire. The
application was rejected on the ground that city ordinances pro -
hibited the construction of a temporary building for any purpose
but to serve new construction or for fire salvage. We appeal from
this determination as contrary to 1601(d) of the Uniform Building
Code.
Application was made by Howe, Inc., shortly after January b,
1979, for a permit to replace its warehouse, maintenance and garage
building destroyed by fire. The council has ruled that Howe, Inc.,
can rebuild but the permit has been delayed by the City of
Brooklyn Center on various grounds. Howe, Inc., and its contractors
are in need of and w e building . Dula be entitled to a temporary g to
mF Y
serve the construction of the replacement building. Howe, Inc.,
appeals from the administrative order directing it to remove its
temporary building on the ground that the administrator should
permit the use of the temporary building for the use of Howe,
Inc., and its contractors until after the new building is built,
after which there will be no need for the temporary building.
Very truly yours,
JHR /mp es H. Russell.:.
2188
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
ERT H. QUIE ST. PAUL 55155
CvOVERNtOR
July 10, 1979
Mr. Mary Reich
3141 - 49th Avenue North
Minneapolis, Minnesota 55429
Dear Mr. Reich:
Thank you for your letter regarding the problem which you and your
neighbors are having with your lawns. i am very familiar with the Howe
have been
ies which ha
situation as are other responsible state agent f
Involved with this problem.
I understand that you have been in contact with representatives of
he Agriculture, however, I am forwarding your
the
Minnesota Department of A g
letter and a copy of this letter to them with the request that they
again contact you to discuss your situation greater detail
attempt toso
to suggest a possible procedure for you to follow in your
arrive at a solution to a problem.
Sincerely,
ALBERT H. Q UIE
Governor
cc: Commissioner Mark W. Seetin, Department of Agriculture
Ross Grotbeck, Department of Agriculture
AN EQUAL OPPORTUNITY EMPLOYER
Dear Resident:
A discussion on Howe, Inc. is scheduled for the July 23, 1979 City Council
meeting. The following issues will be considered:
1). The appeal by Howe, Inc. from an administrative order
of the City's Building Official to remove the currently
existing temporary structure on their site.
2) Report on the chemical analysis regarding damage to the
private lawns and what opportunity citizens might have
in working through the City in seeking a solution to the
problem.
3) The possibility of a "phase out" of Howe, Inc. through
ordinance changes.
4) Development of a chemical storage ordinance; explosive permit.
It is difficult to determine the time at which the discussion on Howe, Inc.
will take place because the agenda is lengthy.
Please feel free to call my office if you have additional questions.
Sin r ly
erald . Splinter
City ager
CITY OF BROOKLYN CENTER
GGS:ln
90T. IYouz .fin formation
ATTORNEY COSTS /0 1
Crystal
LeFevere, Lefler, Pearson, O'Brien & Drawz
firm does both general counsel and prosecution
$35,000 Dave Kennedy
$ 9,600 special Jim Larsen for back up
1979 Total $44,600
St. Louis Park
Popham -Haik - general counsel
Lang, Katz & Davis - prosecution
Popham -Haik $3,500 /month retainer
$65,000 budgeted (1979)
(extra items @ $90.00 /hour)
Lang, Katz & Davis $54,300 (1979)
$43.00 /hour
1979 Total $119
. New Brighton
Lais, Bannigan & Ciresi - general counsel
$1,000 /month retainer
$9,000 non retainer budgeted
$3,000 Planning Commission consultation
(for a specific anticipated task)
1979 Total $24,000
Mr. Jim Hughes - prosecution
$800 /month retainer plus
18-jury trials @ $ 300 per
1979 Total $15,000
*solicited proposals for prosecution work (Bench & Bar)
Brooklyn Park
LeFevere, Lefler, Pearson, O'Brien & Drawz
-firm does both general counsel and prosecution
Pearson general counsel
Glen Purdoe - prosecution
$22;006fyear retainer
1979 Total $22,000
Edina
Dorsey, Windhorst, Hannaford, Whitney & Halladay
•
1979 budgeted $36,0
estimated actual cost $58,000
Prosecution done by Gustafson (formerly - associated
with a firm, no longer)
1979 $20,000`
1979 Total $56,000
(anticipated actual $78,000)
phone survey
July, 1979
•
•
LAW OFFICES
i
LEFEVFRE. LEFLER. PEARSON. 68RIEN DRAWZ
1100 FIRST NATIONAL BANK BUILDING
CLAYTON L. L[FEVERE '
HERBERT P. LEFLER MINNEAPOLIS. MINNESOTA 55402 TELEPHONE
CURTIS A. PEARSON - (Si2) 333 -0843
J. DENNIS O'BRIEN
JOHN C. DRAWZ
DAVID J. KENN£OY.
o
JOHN B. DEAN
GLENN E. PURDUE - July 18, 1979
JAMES D. LARSON -
CHARLES L. LCFEVERE - -
HERBERT P. LEFLER >II
JEFFREY J. STRAND
JAMES P. O'MEARA
MARY J. SJORKLUNO -
THOMAS O. CREIGHTON
Mr. Gerald G. Splinter
Manager, City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Dear Mr. Splinters
The purpose of this letter is to advise you of an expected new
relationship between our law firm and Richard J. Schieffer and to express
to you our interest in providing prosecution services for the City of
Brooklyn Center, together with the City's legal services.
• We expect to accomplish a combining of the firms effective
August 1, 1979. Assuming that this will be accomplished as scheduled,
we will have offices in both Brooklyn Center and downtown Minneapolis.
We believe that one of the principal effects of this enlarged firm will
be to make available to Brooklyn Center the fullest range of municipal
legal services.
Among the services that we would be able to provide is the
prosecution work of the City. We believe that we could provide this on
a basis which would be economical to the City and of high quality. At
the present time, we are prosecuting for a number of metropolitan
municipalities. In order to provide you with some indication of the
costs which have been incurred by municipalities of somewhat comparable
size in your area, we can advise you that Robbinsdale prosecutions
during the past six mouths'have been billed at the annual rate of
approximately $18,500, Crystal's at the annual rate of approximately
$21,000, and Brooklyn Park's at the annual rate of approximately
$20,000. These annual projections are based upon projections of the
most recent six month figures in each case.
One of the reasons we believe we are able to provide highly
satisfactory prosecution services to our municipal clients is that we
maintain standard procedures within the office for the processing of
prosecution matters such as complaints, witness notification, scheduling,
etc., with experienced clerical personnel specially assigned to this
work. In addition, we are often able to make more efficient use of a
lawyer's time in court, particularly during arraignments, if the lawyer
is representing more than one municipality. Also, we have found that it
LAW OFFICES
LeFEVERE, LEFL.ER, PEARSON.O'BRIEN & DRAWZ
July 18, 1979
Page Two
has been advantageous to have a number of lawyers engaged in prosecu-
tions so that if the regular prosecutor for a city is ill, on vacation
or unavailable for any other reason, there are.other experienced people
who are able
to a nd assist.
in 's
P
i t
If we are selected to provide prosecution services for the
City, we would expect to designate one of our associates, acceptable to
the City, as the person with primary prosecution responsibility. At the
present time there are four lawyers in the office who are handling
prosecution matters. We are not able to say with certainty that each of
these four attorneys would be available for the Brooklyn Center assignment.
We would have to work out a "shifting" of work assignments which would
continue
to meet the needs of the other municipalities. We are certain,
P
however, that we could provide an experienced prosecutor acceptable to
the City inasmuch as all of them have been actively engaged in prosecution
work for periods ranging from one to three years.
(We have attached a description of our prosecution procedures
and personnel for your review.)
We would bill for prosecuting services at the hourly rate of
$45.00. We will in all likelihood have the designated prosecutor maintain
an office in the Brookdale suite, if this proves to be workable for the
City and ourselves.
Based upon the information Mr. Schieffer has made available to
us, we believe that prosecution services can be provided to the City at
the annual cost of approximately $25,000, assuming that the present case
load of the City does not change substantially.
We would be very pleased to be selected to represent the City
in this work and greatly appreciate your consideration of this proposal.
If it is accepted, you may be assured that we will do everything we can
to justify your expression of confidence in us.
Very truly yours,
Clayton L. L ev r
Richar .`Schieff
CLLsjdn E2
LAW OFFICES
LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ
1100 FIRST NATIONAL SANK BUILDING
CLAYTON L. L£FEV£RE
HERBERT P. LEFLER MINNEAPOLIS, MINNESOTA 5540E TELEPHONE
CURTIS A. PEARSON (612) 333 -0343
J. DENNIS O'BRIEN
JOHN E.ORAWZ
DAVID J. KENNEDY
p
JOHN B. DEAN
GLENN E. PURDUE
JAMES O. LARSON
CHARLES L. LcFEVER£
HERBERT P. LEFLER III
JEFFREY J, STRAND
JAMES P. O'MEARA
MARY J. BJORKLUNO
THOMAS D. CREIGHTON
GENERAL PROSECUTION ACTIVITIES
Our firm currently prosecutes misdemeanor and petty misdemeanor
offenses occurrin g g in the following governmental subdivisions:
1. Brooklyn Park 5. Fort Snelling Reserve District
2. Crystal 6. Lauderdale
3. Plymouth 7. Robbinsdale
4. Richfield
I
The case volume of our prosecution activity far surpasses that of any
other law firm in the metropolitan area. 'Evidence of the volume of our
prosecution activities is found in statistics prepared by the
Hennepin County Court Administrator for the last six months of 1976,
covering the 43 suburban communities in the Hennepin County Municipal
Court system. Nearly 25 percent of all arraignment cases come from the
first four communities listed above. Moreover, during the same period,
more than 25 percent of the total suburban jury demands came from
defendants charged in those four communities.
PROSECUTION STAFF
Our prosecution staff currently consists of four attorneys,
one "paralegal" secretary and one supervising partner.- Our prosecuting
attorneys devote between one- quarter and one -third of their time to
prosecution work. - The remainder of their time is divided between other
legal work, including work for the municipalities which we represent.
Our four prosecuting attorneys and supervising partner have a
combined total of more than 21 years of Municipal Court experience and
during that period of time have tried many hundreds of cases.
Each prosecutor is assigned a community or communities over
which has has prosecutorial responsibility. It has been our experience
that this provides an important element of continuity which is lacking
if several prosecutors share a community. It also means that the police
and all other city officials and the public know exactly who to contact
concerning prosecution matters.
In addition to our prosecution attorneys, we are fortunate to
® have a prosecution secretary who performs a number of support duties for
the prosecutors including the rough drafting of complaints, obtaining of
police reports and other investigative data, scheduling pretrials and
trials and notifying witnesses of court appearances. The use of a
"para- legal" for these activities reduces the time which prosecutors
have to devote to such matters with a corresponding reduction in
billings. It is important to note that our firm currently follows this
procedure and the incorporation of Brooklyn Center into the system would
pose no difficulty.
COURT FUNCTIONS
The prosecutor's primary function is to prosecute misdemeanors
and petty misdemeanor violations within the community. In so doing the
prosecutor is involved in the following court activities:
1. Arraignment - Attendance at arraignments is an option
left to the community. Ordinarily, communities encourage the
prosecutors to be present at arraignments if the arraignments can be
scheduled in such a manner as to avoid excessive cost factors.
We believe that attending arraignments is beneficial and
serves to reduce the total amount of time which must be spent on
individual cases. Very frequently a case which would otherwise be
scheduled for trial can be resolved at the arraignment stage between the
prosecutor and the defendant or his attorney.
2. Pre -trial - A pre -trial conference is scheduled for all
cases on which there is a jury demand. The prosecutor must be present
for the pre- trial. The most common type of case in this category is
DWI. The object of the pre -trial conference is to resolve the case
short of trial or, if that is not possible, lay the foundation for the
jury trial.
Far in excess of 90 percent of all jury cases are resolved at
the pre -trial level. The cost savings to the community are substantial
if matters can be vigorously pursued to conclusion at the pre - trial.
Historically, the "wheelings and dealings" occurring at
pre- trials have been the source of considerable criticism by police
departments and individual police officers. It is our belief that
whenever possible the police officers involved should be involved in
this process. Furthermore, we have encouraged police officers to spend
a day, on their own time, sitting through 10 or 15 pre-trials in order
to see how the process works. That experience has been very constructive
and has served to dispel much of the myth surrounding pre - trials
3. Court trial and jury trial - This is ordinarily the final
- step in the court process. The trial is preceded by a review of the
case with our witnesses. Court trials usually last less than one hour.
Jury trials, on the other hand, usually last from one day to one week.
Because of the tremendous cost incurred by the city in prosecuting jury
2
trials, all reasonable efforts are made to avoid them. This does not
include accepting an inappropriate reduced charge.
4. Appeal Occasionally a defendant will appeal his conviction.
The appeal may be to either the District Court or to the Supreme Court
depending on the offense itself. It is the prosecutor's responsibility
to prepare all necessary briefs and memoranda and appear to argue the
case. Since the appeal is a review of the trial court record, the
police officers and other witnesses are not directly involved.
Our firm handles approximately six appeals to District Court
every year. We have not had a Supreme Court appeal involving a criminal
conviction for several years.
5. Revocation hearing - If a defendant is convicted of an
offense, he may be given probation. The probation is subject to certain
conditions such as no further similar offenses. If the defendant violates
the condition and commits a further offense, he is subject to imprisonment
if the probation is revoked. He may demand a revocation hearing which
is held before the original sentencing judge. The prosecutor and the
witnesses involved in the new offense must appear at the hearing and
establish that the stayed sentence was violated and should be revoked.
RELATED PROSECUTION FUNCTIONS
In addition to the pure prosecution activities, our prosecuting
attorneys are available to provide the following ancillary services to
the municipalities which we represent:
1. General police training - Included in this topic would be
general in -house training sessions dealing with subjects such as search
and seizure, confession and interrogation, report writing and testimony
in court. Two of our prosecutors are regular instructors in police
training for the Minnesota Bureau of Criminal Apprehension. We have
also provided training for the Hennepin County Sheriff and Hennepin
County Police Reserve officers. We have also participated in training
programs for other communities in the metropolitan area.
2. Special police training From time to time, appellate
court decisions or new legislation require immediate modifications in
police procedure. Our office becomes directly involved in instituting
the necessary charges and assists the department in taking the necessary
steps. On more than one occasion in the past few years, our police
departments have been among the first in the state to respond correctly
to required modifications.
3. Assistance in specific areas of law enforcement Periodically,
police departments wish to expand enforcement activities into areas with-
which they are unfamiliar. Often the unfamiliarity is an obstacle to
proceedings. In such circumstances our office can become directly
3
involved in planning a legally viable program of enforcement. Examples
include setting up programs for prostitution arrests and enforcement of
ordinances regulating to the display of certain publications
4. Interdepartmental communications Frequently, the
enforcement experiences which department has had could be of benefit
to other departments. Because we represent a number of active departments
we are able to act as a clearing house for these experiences. A recent
example was the exchange of information between Richfield and Plymouth
concerning the procedure for prostitution arrests.
5. Disposition reports Communities which we represent are
routinely given monthly disposition reports on all of their cases. A
sample disposition report is attached as ATTACHMENT A.
6. Regularized office procedure - Prosecution even in the
hands of the most dedicated prosecutor and conscientious police
department will be a failure if an efficien,t regularized method of
notification and conveying of information is not available and
constantly in use. Our prosecution "para- legal" secretary is charged
with the responsibility of obtaining the court "case history" print -outs
and initiating the correct notification procedure. ATTACHMENT B
demonstrates that procedure. The first portion is a computer printout
which we receive from the clerk of court. This printout notifies our
office of a February 2, 1978 pre -trial conference. Our prosecution
secretary prepares ares a P then re re -trial schedule also attached, for the
affected prosecutor and police department. This schedule is posted at
the police deparment. The schedule notifies the officers of upcoming
which he may
- d solicits a comments or recommendations
re trials. an ola its n comet n
P
Y Y
have. As indicated previously, we also encourage the officers'
attendance at pre - trials. In the event the case cannot be properly
resolved at the pre- trial, a trial date is set. We then notify the
police officer of that date, time and place. A copy of that notice is -
included in the attachment.
REFERENCES
The following individuals, whom we regard highly, are well
acquainted with our prosecutors and our prosecution activities:
1. Honorable Diana E. Murphy, Judge of Hennepin County
District Court
2. Honorable H. Peter Albrecht, Judge of Hennepin County
Municipal Court
3. Thomas A. Morgan, Jr., Director, Richfield Department of
Public Safety
4. Donald Peterson, Director, Police Training Section,
Minnesota Bureau of Criminal Apprehension
4
1
SUMMARY OF DISPOSITION OF CASES
City of Brooklyn Park
May, 1979
DEFENDANT DATE & OFFENSE OFFICER DISPOSITION a
E
Smith, Jerome 3/4/79 Imp.pass -acc. #351 Not guilty
Hanley, Karen L. 3/15/79 Speed D. Johnson Found guilty; $20 sayed 6 months
if no speeding violations e
E
Westin, Scott;C. 9/9/78 Drive my on park R. Holden Found guilty; $50 stayed 1 year
Sparpanic, David M. 4/11/79 Park /stop w/i J. Jess Not guilty
u intersection
Martin, Michael William 11/5/78 DWI(IC) S. Flesland, Pled guilty to careless driving;
J. Jess 10 days
Misko, Isabelle Nikolena 12/30/78 Prohibited sale D. Johnson,.. Pled guilty - petty; $100 stayed if
to minor R. Reier no same or similar
Bearden, Donald Eugene 6/24/78 Alcohol in park P. Lyman Found guilty; $10
Kammerer, Jerry L. 3/28/79 Speed D. Anderson Pled guilty; $20 suspended
Aubol, Beverly Ann Drive w/o lites S. Peterson Dismissed
Altermatt, Deanna G. 4/6/79 Speed D. Johnson Found guilty; $20
Estrada, David J. 4/18/79 Operate vehicle C. Hinson Under advisement for 1 year; not
in nondesignated guilty if no same or similar
area
Carter, William Keith 4/28/79 DWI 1 .224 P. Armstrong _ Pled guilty to BAC; $200; 30 days
stayed if no same or similar
Wagner, Tina Marie 3/9/79 Prostitution R. Harrington Pled guilty to disorderly conduct
Pace, John Michael 12/7/78 DWI,.216 M. Newberger, Pled guilty to BAC; $500; $400 and
P. Lyman 30 days stayed 1 year
Carroll, Timothy Scott 3/25/79 DC _ P. Lyman Continued 1 year for dismissal if
no same or similar
-Brooklyn Park, Page Two
DEFENDANT DATE & OFFENSE OFFICER DISPOSITION
Duffy, Shawn Lawrence 3/21/79 DWI D. Jensen Pled guilty to careless driving;
waived BAC hearing
Taylor, Jimmie 11/17/78 No DL,. OCL D. Johnson Pled guilty to DWI and wrong side
12/2/78 DWI,.l8,H &R R. Nicholson of road
McLean, Peggy Lou 2/6/79 DC R. Nicholson Continued 6 months for dismissal
if no same or similar
Bennett, Jimmy Allen 3/25/79 DWI(IC) J. Penaz Pled guilty to DWI
jA�; Durose, ' Jack Speed (New Hope) Pled guilty to unreasonable accel
eration; $50
Zagaros, James Allen 2/17/79 DWIi 178
,. S. F1esland Pied guilty car
to
• g y Bless dr iving;
$100; 30 days stayed
Himes, Robert DWI (Plymouth) Pled guilty to careless driving;
$100
Kedrowski, Roger Donald 4/13/79 DWI: G. Darby Pled guilty to careless driving;
45 days stayed 1 year
Sies Mark Kevin -
3 15
79 CD acc
/ R Ew � / Ew Pled guilty to improper lane usage.,
35
,,y a•3:; ; i. ili.:i�`. :�U:•icE�•tjsiajc OF AINti. VS 13lAC- TAnjC'U'4jQjF - J DATEC}TYP= 1
A . 41 4J A U J;:t EE M ICITICK.; 112 141 -L 07 781 I 1
r3C 0 UATE I TP I T ItCKET I LIC I US1 L/S NUMSE:c1 CESGRIPT IGH - CF GFF = :.S F
3;:1 J 11 -23 -78 66- 104Yli 6 S6L 169.141 ` SPEcD LNG
CJOO DATE }PLEA jFtJQiJV IFINE: 0a UAYSIS!L DAYS ISIS TAY jC:N0, jE;rOJ S; I REASIORC
CZs 1J 02- 01 -78ING 1
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U 0 CATS J SaIL U R1 6AIL R EF1 cCNU CCHI BAIL Q' FI SAIL FOR BAIL- FF61 GAIL REIN
+�..:
F oal GATE ISUSP LiC:IKSTR L1CIIhP PLATESISUR LICICkIVER LICENSE INUM8EF
FO 10 01 -23 -78 R -23J- 074- 53 --3`Y9
% 0.30 GATE (JURY JEMANDIJURY 4, AIVE01TRIAL by ,JURYITRIAL BY GCURTITRI AL 8 STi
Gf1G u2 01 73 X i
E
HJJD CAT ( REMA RKS AND ADDITIONAL URQ..RS
• ( • "A
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'u` «ficlC.%tjTii•i }L:.L IREASIPARTIES- DESCRIPIiNIuFN K EY I SA I L CC
ATTACHMENT R
` NOTICE REGARDING PROSECUTION
TO: Police Officer C • Geiger
ROM Mary J. B j ork lured Richfield City Attorney's Office
LeFevere, Lefler, Pearson, O'Brien & Drawn
1100 First National Bank Building, Minneapolis, Minnesota 55402
Telephone. 333 -0543
p
RE: state v. Audree Marquerite' Riggs
� ,.Defendant
Violation(s) S
Date 1/7/78 . Ticket No 66- 104411
Checked Items Apply:
A court trial has been set in this matter at a.m. /p.m.
on at the courthouse in ,
Please notify all witnesses. ( Rescheduled from
X A jury trial has been set in this matter as the number 2 case
on 3/2 4/78 at the courthouse in B loomington
Please appear at a.m. /p.m. for trial.
X Please be on call that day for trial on one hour notice.
(Rescheduled from .)
A revocation hearing has been set in this matter at a.m. /p.m.
on a t
Please appear at that time.
Please send all information you have regarding this case to the prosecutor by
for complaint pretrial.
Please contact at 333 -0543 regarding the above.
Please serve the attached subpoena(s) labeled Copy; execute affidavit of service on original and return to us.
If this is a trial or revocation hearing notice, please bring applicable notes, evidence or resumes with you when you appear. If you need
subpoenas for witnesses, please advise. IF FOR ANY REASON YOU CANNOT APPEAR AT THAT TIME, CALL OUR OFFICE IM-
MEDIATELY AT 333 -0543
Date 3/6 Prepared by Jod
Time Voucher for court appearance in above case:
hours on
Prosecutor
Actual Time:
OUT TOTAL
Officer Date
K QC� GSI:aS iyU:idticlaiwi OF MINN. 1iS.'IJ }nG- T«►t� {GGi4 {O1T -;I L'ATEITYFE {
At
A21-3 41 4JO7ZyclKl ;tiS AUDREE ri ICITICK 112 141 -31 • 07 78 I_
.
SOOO C -C UATc1.t".Pri.} I LCC IR EASIPARTIES- DESCRIPIIt 10F�i KEY 'wrjRoI Ui:GEI BAIL G£
SJIJ 02101./7314 PG109 ;001 JARRN'IRIGGS AUDREE :d. 1SPcEu IGLERKI
SO 2C 02 /22 7- 1�.iii1 :401 }P.�tcC }jc.'GGS` &UOriEE +•I ' }SPEEf� {wbc { -
a
a
• r-
February ' 22, - 197Et Richfield Pretrials. .
TIRE D8FE-NPANT DRTE CH ^ v� D CHARGES OFFICER ATT
9:20 Is, Ronnie Albert 11/8/77 DWI, 0.24% Dubberke Boyle
9:40 Riggs, Audree Marquerit 1/7/78 Spd Geiger Baldt
.1b:00 McCann, John R. Jr. 4/25f77 T /C
10:20 Mangan, Mark Joseph 5/19/77 DWI, .22% Thorsen Sing
/0! YO v w s o,� � G 101,,,2 7 /►.�C fo - /c [ , /yl ec
11:00 McClellan, William E. 1/24/78 DAR Thill Eggle
11:20 Lumsden, Kevin Patrick 11/16/77 Poss /drug Edwards Agan
1:40 Rode, Luvern David 12/4/77' SA Shield Rostc
2:20 Lund, Rose Marie 12/31/77 DWI . Rost(
2:40 Stordahl,•Richard Duane 1/25/78 DWI,w /olites Leaon
Ibis is not a notice for trial. The officers involved in the cases are not expected to
information not previously submitted on the case,or if they have recommendations as to
• f
Licenses to be approved by the City Council on July 23, 1979
COMMERCIAL KENNEL LICENSE
Northbrook Animal Hospital 413 66th Ave. No.
Sanitarian -t
.GAMBLING LICENSE
Earle Brown School P.T.A. 6126 Lilac Dr. No., QJ
Father Donald Schumaker Council 6772
Knights of Columbus 7025 Halifax Ave. No. dll: &A-)
City Clerk
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
Bautch Disposal Service 10264 Xylite St. N.E. ef ;+
Block Sanitation 1949 Teton Trail
Blueboy Service 6764 Colorado Ave. No.
Browning- Ferris Industries 9813 Flying Cloud Dr. 7.
Midwest Grease Company P. 0. Box 222 Redwood Falls
"/—'� •
Shobe and Sons
3621 85th Ave. No. T"' .�' •�
Walter's Disposal Service 2830 101st Ave. N.E.
Art Willman & Son 62 26th Ave. No. ,_d_/�
Sanitarian
ITINERANT FOOD ESTABLISHMENT LICENSE
Keith Schmidt 6230 Kyle Ave. No.
Brooklyn Center Jaycees (City Softball Tournament) d- eL.drry
Sanitarian
MECHANICAL SYSTEM'S LICENSE �1
G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. So. . 0 39,�L,-ft.
Building Official g
RENTAL DWELLING LICENSE
Initial;
Larry W. Karkela 5821 Camden Ave. No. 110hAIAL2
Renewal;
Irvin & Ruth Schloff 4819 Azelia Ave. No.
Amos Levang 4100 Lakebreeze Ave. No.
LeRay & Keith Mortensen 4110 Lakebreeze Ave. No. - JI
Warren Samuelson 4200,04 Lakebreeze Ave. No- - iLOA
Edward & Helen Peterka 3401,13 47th Ave. No. 1(�' ZI - '
Outreach Group Homes, Inc. 507 69th Ave. No.
Director of Planning
and Inspection
TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE
Keith Schmidt 6230 Kyle Ave. No.
Brooklyn Center Jaycees (City Softball Tournament) Gt.
City Cle
•
MEMORANDUM
To: Gerald G. Splinter, City Manager
From: James P. Lindsay, Chief of Police
tl
Subj: Gambling License Application of Father Donald
Schumaker Council, #6772, Knights of Columbus
Date: -July 13, 1979
Attached please find the completed investigation of Father Donald
Schumaker Council, #6772, Knights of Columbus in application for
a Class B Gambling License. Austin J. Loeffler is listed as an
Executive Officer and Duane Eugene Burch is listed as the Gambling
Manager, as well as Executive Officers, Anthony Matthew Schelonka
and George Herman Mayleben are listed in this application. In-
vestigator Monteen's report lists nothing of a questionable nature
found during the course of this investigation.
In addition to a Class B license, the Father Donald Schumaker Coun
cil, #6772, Knights of Columbus have made application for the waiver
of a $10,000 bond as allowed under the City Ordinance. The City
Council must act on the following matters: (l) The 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 Fidelity Bond.
This requires a unanimous vote of the City Council to pass.,
The following is a resume concerning the investigation of the Brooklyn
# Center Police Department, case number 79- 10154, the application of Father
Donald SCHUMAKER, Council #6772, Knigh of Columbus, an application for
a Class B Gambling License issued by the City of Brooklyn Center, Hennepin
County, Minnesota. This investigation is conducted by A. Paul MONTEEN and
transcribed by Pat SWANSON, Clerk-typist for the Brooklyn Center Police De-
partment.
APPLICANT
Father Donald SCHUMAKER
Council 06772, Knights of Columbus
7025 Halifax Avenue North
Brooklyn Center, Minnesota 55429
Austin J. LOEFFLER, Grand Knight DOB: 11 -34
7232 Georgia Avenue North
Brooklyn Park, Minnesota 55428
Telephone number: 561 -9710
Duane Eugene BURCB DOB: 12 -18 -29
4325 Brookdale Drive
Brooklyn Park, Minnesota 55443
Telephone numbers 561 -5690
¢' George Herman MAYLEBEN DOB: 08 -04 -15
4901 63rd Avenue North
Brooklyn Center, Minnesota 55429
Telephone number: 535 -0047
Anthony Matthew SCHELON.IKA DOB: 46 - 10 -42
6724 Shingle Creek Drive
Brooklyn Park, Minnesota 55445
Telephone number: 566 -2433
INVESTIGATION MATERIALS CONTAINED WITHIN THIS CASE
Any application for a Gambling License as well as application for Gambling
License, Part II, for Anthony Matthew SCHELONKA, George Herman MAYLEBEN,
Austin James LOEFFLER and Duane Eugene BURC'H.
A letter requesting the waives of the Fidelity Bond.
Brooklyn Center Police Department application checks on George Herman
MAYLEBEN, Anthony Matthew SCHELONKA, Austin James LOEFFLER, Duane Eugene
BURGH and a copy of the by -laws of the Council.
_.... -.. �._ ,.- _...._ _ - - - -
The Father Donald SCHUMAKER Council, #6772, Knights of Columbus is operated
under the auspices of the Knights of Columbus and is located at 7025 Hali-
fax Avenue North, City of Brooklyn Center, Hennepin County, Minnesota. This
Resvuire by Investigator A. Paul Maw Case File #79 -10154 Page 2
property is the outright possession of St. Alphonsus Catholic Church and
is available to the Knights of Columbus on as regular basis for their func-
tions. The Council is operated under the auspices of elected officers as
follows: The Grand Knight, Deputy Grand Knight, Chancellor, Recorder,
Treasurer, Advocate, Warden, Inside Guard and outside Guard as well as a
Board of Trustees. These officers are elected by the popular vote of mem-
bers in good standing who have been initiated in the first three degrees
of the order.
Concerning the financial reports of the organization, according to the De-
partment of the Treasury, the Knights of Columbus are considered a bona fide
religious fraternal organization and are, therefore, exempt from filing a
Form 990 or 990T. Likewise, the State Department of Commerce stated that
a bona fide religious and fraternal organization of this nature is not re-
quired to file an annual charities report by Section 309.53 of the Minnesota
State Statute. The by -lass of the organization indicate that they were
adopted on May 22, 1976, indicating that the organization has been in exis-
tence more than three (3) years. The Knights of Columbus Council, (6772,
has in excess of 100 members with an auxiliary membership of about 50 women.
In checking the namE;s of Anthony Matthew SCHELONKA and Austin James LOEFFLER,
George Herman MAYLEBrA4 and Duane Eugene BURCH through MINCIS, NCIC, Hennepin
County, Brooklyn Center and The Minnesota Department of Transportations
Drivetts License Bureau, nothing was found which would preclude any of these
individuals from participating in the organizatio=49 gambling program.
Austin J. LOEFFLER is the currently elected Grand Knight of the organization
and has been a member of the Knights of Columbus for 25 years. Austin J.
LOEFFLER, and his wife, Darlene, reside at 7232 Georgia Avenue North in
Brooklyn Park and have lived there since 1960. Per. LOEFFLER has been an
employee in the - service : Department.: ot- : the-: Minn polis Gas Company since
1958.
Duane Eugene BURCH has made application as the Gambling Manager for the
Knights of Columbus. Mr. BURCH is a resident of 4325 Brookdale Drive,
Brooklyn Park, l?innesota, and has lived there;Aince September 28, 1968.
Mr. BURCH is employed as an internal auditor for Piper, Jaffray and'8opwood
and has been an employee fo Piper, Jaffray and Hopwood since January of 1969.
Anthony Matthew SCHELONKA is a certified public accountant whose office is
located at 1900 First National Bank Building in Minneapolis. Mr. SCHELONKA
has been employed as a CPA since June of 1969 at that location. Mr. SCHELONYJ.
resides at 6724 Shingle Creek Drive in Brooklyn Park, Minnesota, with his
wife, Donna. They have recently moved to that address in June of 1979 and
previously lived at 4201 71st Avenue North in Brooklyn Center and resided
there since February of 1970.
Also listed in Pe rsonal information is George Merman MAYLEBEN Of 4901 -63rd
Avenue North, Brooklyn Center, where Mr. MAYLEBEN has been a resident since
1972. Mr. MAYLEBEN has been a resident of Brooklyn Center since 1969, liv-
ing at 4007 58th Avenue North as well as 6824 Emerson Avenue North. MAYLEBEN
is employed as a salesman for the Northtown Montgomery Ward Store in Blaine
and has been so employed since 1972.
Resume by Investigator A, Paul MDNTEEN base File #79 -10154 Page33
MNTEEN finds nothing in the records of the Brooklyn Center or Brooklyn Park
Police Departments which would preclude any of these individuals from
obtaining the requested gambling license. All appeared to be of good moral
turpitude and had no violations which would indicate any problems with
gambling, alcohol, or previous felony or serious misdemeanor convictions.
During the course of the year, the Knights of Columbus hold two (2) major
fund raising events with their participation in the St. Alphonsus Fun Fair,
operating slaes booths and skill games; as well as a Spring Smoker, at which
time a raffle is held. The disbursements of this money go to support var-
ious benevolent causes 6f the Kniljhts of Columbus including Youth Sports,
Scholastic Scholarships and other functions related to the Church.
In addition to the application for a Class B GambliA q License, the Knights
of Columbus have made application for a waiver of a $10,000 Fidelity Bond,
as allowed under the Brooklyn Center City Ordinance. This then concludes
x the resume of the investigation fo the Father Donald SCHUMAKER Council,
#6772, Knights of Columbus.
46
• 6.
ME140RANDUM ,
To: Gerald A. Splinter, City Manager ,
From: James P. Lindsay, Chief of Police
Subj: Gambling License for Earle Brown PTA
Date: July 13, 1979
Attached please find the complete police investigation of
the Earle Brown Parent- Teacher Association, an application
for a Class B Gambling License. Linda C. Hermanson is named
as the Executive Officer and Thomas C. Sollberger as Gambling
Manager in this application.
3nvestigator`Monteen's report lists nothing of a questionable
nature found in the course of this investigation.
In addition to the Class B license, the Earle Brown PTA has
made application for a waiver of the Fidelity Bond as allowed
under this ordinance. The City Council must act on the follow-
ing matters:
(1) Application for a Class B License. This re-
quires a majority vote of the City Council to
pass.
(2) Waiver of a $10,000 Fidelity Bond. This re-
quires a unanimous vote of the City Council to
pass.
P7s
The following is a resume'c;oncerning the investigation'of the Brooklyn
Center Police Department, case number 79- 10152, the Earle Brown Elemen-
tary Parent - Teacher Association, Linda HERMANSON, Secretary, Thomas
SOLLBERGER, Gambling Manager, an application for a Class B Gambling Lic-
ense issued by the City of Brooklyn Center, Hennepin County, Minnesota.
This investigation is conducted by A. Paul MONTEEN and transcribed by
Pat SWANSON, clerk - typist for the Brooklyn Center Police Department.
J APPLICANT
Earle Brown Elementary
Parent- Teacher Association
5900 Humboldt Avenue North
Brooklyn Center, Minnesota 55430
Telephone: (612) 561 -4480
Linda Carol HERMANSON
6126 North Lilac Drive
Brooklyn Center, Minnesota 55430
Telephone: (612) 560 -9780
Thomas Claude SOLLBERGER
6032 Humboldt Avenue North
Brooklyn Center, Minnesota 55430
Telephone: (612) 566 -7454
INVESTIGATION MATERIALS CONTAINED WITHIN THIS FILE
Application for Gambling License.
Application for Gambling License, Part II, Linda Carol HERMANSON.
Application for Gambling License, Part II, Thomas Claude SOLLBERGER.
Letter requesting the waiver of a Fidelity Bond,
Brooklyn Center Police Department application check for Linda Carol
HERMANSON,,
Brooklyn Center Police Department application check for Thomas Claude
SOLLBERGER.
A copy of the by -laws of the Earle Brown Elementary Parent - Teacher Associa-
tion as amended in 1978.
- - - - - -
The Earle Brown Elementary Parent- Teacher Association of Brooklyn Center,
Minnesota, is a local PTA unit organized under the authority of the Minne-
sota Congress of Parents, Teachers and Students Association, a branch of the
National Congress of Parents and Teachers. The association exists as an un-
incorporated association of its membership. According to Article IV of the
by -laws of the organization, the association shall be non- commercial, non -
sectarian and nonpartisan in nature. The name of the association and /or the
names of any of its membership or officials in their capacity shall not be
` used in connection with any commercial concern or partisan interest not ap-
propriately related to the promotion of the objectives of the association.
The Earle Brown Elementary Parent- Teacher Association is housed and holds
regular meetings in the Earle Brown Elementary School which is located at
5900 Humboldt Avenue North in the City of Brooklyn Center, Hennepin County,
Minnesota. ':
Resume by Investigator A. Paul MNTEEN Case File #79- -10152 Page 2
Investigator MNTEEN has not been able to establish the exact date on which
the Earle Brown ParentmTeacher Association was established and does not have
a copy of the original by -laws; only a copy of those as amended in 1978
MNTEEN has, however, established that the origanzation has been in exist -
f ence for a period of approximately ten (10) years or more and has a member-
ship of about 230 active members.
Linda Carol HERMANSON is listed as the Executive Officer, Secretary, making
g
application on behalf of the Earle Brown Parent - Teacher Association for the
Gambling License. As such, a record check was made on Linda Carol HEMMMSON
and it revealed no incidents of arrest,criminal activity or traffic violation:
The card file of the Brooklyn Center Police Department has nothing under the
name of Linda HERMANSON which would have any bearing on this investigation.
It would appear Linda HERMANSON has no criminal record which would preclude
the Earle Brown Parent- Teacher Association from applying for or receiving the
gambling license as requested.
Thomas Claude SOLLBERGER, date of birth 04- 14 -40, is named in the application
as the Gangling Manager. Mr.'SOLLBERGER is a resident of 6032 Humboldt `Ave-
nue North in Brooklyn Center and has been a resident there since November of
2971. Prior to that, Mr. SOLLBERGER lived in Columbia Heights, Minnesota,
and Van Nuys, California. Thomas SOLLBERGER has been employed by the Control
Data Corporation of Minneapolis, Minnesota, in the Education Division since
October of 1967, with the exception of a one year period from April of 1973
to April of 1974 when SOLLBERGER was employed by ComTen, Incorporated, in
their Education Division. ComTen is a corporation operating from the address
of 1950 West County Road B in Roseville, Minnesota. Mr. SOLLBERGER has no
record with the Hennepin County Sheriffs Office or NCIC, as well as the State
Of Minnesota. A check of Mr. SOLLBERGER's driver's license did reveal a
speeding citation in 1976. A check of the Brooklyn Center card file reveals
nothing of significance in this investigation under the name of Thomas SOLL-
BERGER. In addition to his activities with the Earle Brown Parent - Teacher
Association, Thomas SOLLBERGER is active in the functions of the Lutheran
Church of the Master and civic functions such as Kaleidoscope. Investigator
MNTEEN has worked with Thomas SOLLBERGER and knows Thomas SOLLBERGER on a
personal basis and can think of no incidents or reasons that Mr. SOLLBERGER
would be precluded from operating As the Gambling Manager for the Earle Brown
Parent Teacher Association.
Accompanying the application-for a Class B Gambling License for the Earle
Brown Parent- Teacher Association, Thomas C. SOLLBERGER has submitted a letter
requesting the waiver of the required $10,000 Fidelity Bond as allowed by the
Brooklyn Center City Ordinance.
Don ERICKSON, the Treasurer of the Parent - Teacher Association, does have the
records and accounts which the Association has filed for previous years. How -
ever, Mr. ERICKSON has been out of town and Investigator MONTEEN has been un-
able to reach him.to obtain copies of these and'at wuch time that Mr. ERICKSON
should return and MNTEEN is able to contact him, copies of the financial re-
cords of the PTA will be obtained and included in this file.
This concludes the resume of the investigation of the Earle Brown Parent
Teachers Association, an application for a Class B Gambling License.
The following is a resume concerning the investigation of the Brooklyn
Center Police Department, case number 79- 10152, the Earle Brown Elemen-
tary Parent - Teacher Association, Linda HERMANSON, Secretary, Thomas
SOLLBERGER, Gambling Manager, an application for a Class B Gambling Lic-
ense issued by the City of Brooklyn Center, Hennepin County, Minnesota.
This investigation is conducted by A. Paul MONTEEN and transcribed by
Pat SWANSON, clerk- typist for the Brooklyn Center Police Department.
APPLICANT
Earle Brown Elementary
Parent- Teacher Association
5900 Humboldt Avenue North
Brooklyn Center, Minnesota 55430
Telephone: (612) 561 -4480
Linda Carol HERMANSON
6126 North Lilac Drive
Brooklyn Center, Minnesota 55430
Telephone: (612) 560 -9780
Thomas Claude SOLLBERGER
6032 Humboldt Avenue North
Brooklyn Center, Minnesota 55430
;j Telephone: (612) 566 -7454
INVESTIGATION MATERIALS CO17TAINED WITHIN THIS FILE
Application for Gambling License.
Application for Gambling License, Part II, Linda Carol HERMANSON.
Application for Gambling License, Part II, Thomas Claude SOLLBERGER.
Letter requesting the waiver of a Fidelity Bond.
Brooklyn Center Police Department application check for Linda Carol
HERMANSON,,
Brooklyn Center Police Department application check for Thomas Claude
SOLLBERGER.
A copy of the by -laws of the Earle Brown Elementary Parent - Teacher Associa-
tion as amended in 1978,
- - -. - - - - - - r - - - - - - - - - - - - - - - - - - - - -
The Earle Brown Elementary Parent- Teacher Association of Brooklyn Center,
Minnesota, is a local PTA unit organized under the authority of the Minne-
sota Congress of Parents, Teachers and Students Association, a branch of the,
National Congress of Parents and Teachers. The association exists as an un-
incorporated association of its membership. According to Article IV of the
by -laws of the organization, the association shall be non commercial, non-
sectarian and nonpartisan in nature. The name of the association and/or the
names of any of its membership or officials in their capacity shall not be
used in connection with any commercial concern or partisan interest not ap-
propriately related to the promotion of the objectives of the association.
The Earle Brown Elementary Parent- Teacher Association is housed and holds
regular meetings in the Earle Brown Elementary School which is located at
5900 Humboldt Avenue North in the City of Brooklyn Center, Hennepin County,
Minnesota.
Resume by Investigator A. Paul MONTEEN Case File #79 -10152 Page 2
Investigator MONTEEN has not been able to establish the exact date on which
the Earle Brown Parent•Teacher Association was established and does not have
a copy of the original by- laws; only a copy of those as amended in 1978.'
MONTEEN has, however, established that the origanization has been in exist
ence for a period of approximately ten (10) years or more and has a member -
ship of about 230 active members.
Linda Carol HERMANSON is listed as the Executive Officer, Secretary, making
application on behalf of the Earle Brown Parent- Teacher Association for the
Gambling License. As such, a record check was made on Linda Carol HEP24ANSON
and it revealed no incidents of arrest,criminal activity or traffic violation:
The card file of the Brooklyn Center Police Department has nothing under the
name of Linda HERMANSON which would have any bearing on this investigation.
It would appear Linda HEPJMNSON has no criminal record which would preclude
the Earle Brown Parent - Teacher Association from applying for or receiving the
gambling license as requested,
Thomas Claude SOLLBERGER, date of birth 04- 14 -40, is named in the application
as the Gambling Manager. Mr-'SOLLBERGER is a resident of 6032 Humboldt Ave -
nue North in Brooklyn Center and has been a resident there since Nover�,ber of
1971. Prior to that, Mr. SOLLBERGER lived in Columbia Heights, Minnesota,
and Van Nuys, California. Thomas SOLLBERGER has been employed by the Control
Data Corporation of Minneap Minnesota in the Educ Divis '
Po , , t n D sign since
October of 1967, with the exception of 'a one year period from April of 1973
`< to April of 1974 when SOLLBERGER was em ployed b ComTen, Incorporated, Y in -
their Education Division. ComTen is a corporation operating from the address
of 1950 West County Road B in Roseville, Minnesota. Mr. SOLLBERGER has no
record with the Hennepin County Sheriffs Office or NCIC, as well as the State
Of Minnesota. A check of Mr. SOLLBERGER's driver's river s license did reveal a
speeding citation in 1976. A check of the Brooklyn Center card file reveals
nothing of significance in this investigation under the name of Thomas SOLL-
BERGER. In addition to his activities with the Earle Brown Parent -- Teacher
Association, Thomas SOLLBERGER is active in the functions of the Lutheran
Church of the Master and civic functions such as Kaleidoscope. Investigator
MONTEEN has worked with Thomas SOLLBERGER and knows Thomas SOLLBERGER on a
personal basis and can think of no incidents or reasons that Mr. SOLLBERGER
would be precluded from operating as the Gambling Manager for the Earle Brown
Parent Teacher Association.
Accompanying the application for a Class B Gambling License for the Earle
Brown Parent- Teacher Association, Thomas C. SOLLBERGER has submitted a letter
requesting the waiver of the required $10,000 Fidelity Bond as allowed by the
Brooklyn Center City Ordinance. -
Don ERICKSON, the Treasurer of the Parent - Teacher Association, does have the
records and accounts which the Association has filed for previous years. How-
ever,, Mr. ERICKSON has been out of town and Investigator MONTEEN has been un-
able to reach him.to obtain copies of these and at such time that Mr. ERICKSON
• should return and MONTEEN is able to contact him, copies of the financial re-
cords of the PTA will be obtained and included in this file.
This concludes the resume of the investigation of the Earle:Srown Parent
Teachers Association, an application for a Class B Gambling-'License.
' Member introduced the following resolution
and moved its adoption:
s RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF ELECTRONIC'
CASH REGISTERS
WHEREAS, the City of Brooklyn Center is authorized to participate
in the Hennepin County Purchasing Agreement; and
WHEREAS,.on Wednesday, July-18, 1979 at 2:00 p.m. bids were received
for the furnishing and delivery of six electronic cash registers for the
municipal liquor stores.
NOW, THEREFORE, BE IT RESOLVED that the bid of Minnesota Cash
Register in the amount of $31,738.80 (includes a $2,524.80 one year
maintenance service contract) in accordance with specifications is deemed
to be the best bid submitted by responsible bidders and said bid is hereby
accepted.
BE IT FURTHER RESOLVED that the City Manager be authorized to purchase
said registers from the Liquor Stores Fund. V
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 ONTRACT NO. 9459 TABULATION OF BIDS FOR ELECTRONIC CASH REGISTERS CONTRACT NO. 9459
FOR HENNEPIN COUNTY COOPERATIVE PURCHASING MEMBERS
(Bids opened Wednesday, July 18, 1979 at 2:00 p.m. CDS )
t NCR CORPORATION MINNESOTA CASH REGISTER
1700 S. Patterson Blvd. 5614 West 36th Street
Dayton, Ohio 45479 Minneapolis, Minnesota
513- 449 -2000 920 -8191
ITEM
NO. DESCRIPTION MFR. & MODEL NO. UNIT PRICE MFR. & MODEL NO. UNIT PRICE
1. Electronic Cash Registers (Master Units) NCR 2140 -3103 etc. $8049.08 * DTS Model 550 12.5K 55,116.50
(Per attached schedule) * **
2. Electronic Cash Registers (Slave Units) NCR 2140 -3120 etc. $3420.08 ** DTS Model 550 8.5K S4,801.50
(Per attached schedule)
3. Optional equipment (please list major items, especially those - - -- Included Above (6) * * ** No Charge per explaination
required to perform functions identified in Paragraph 18, NCR 7877 -0101 W/ $2261.00 {8) Spectro physics scanner S3,0 95.00
De_ailed Specifications, Sub Paragraphs 6, 8, 9, and 20 2140 -K 208 and 2140 -K250 (FR7EXTRA) (9) DTS Remote Pole Display $247.50 >«10
NCR 2140 -K300 $118.75 (10) DTS Cash Drawer $135.00 (Per
(FR7EXTRA) additional
- - - - -- Included Above
Total 4
draAers max.)
4. Discount from price list for other optional or accessory items. 5% 10%
5. Maintenance (See Paragraph 9) ;ey.Yd
a} Total Cost $1133 /Annually Masters - 5434.80 /Annually X 3 ' ✓
Slave - S406.80 /Annually 3 a /,a2Le.
b) Labor $42 /hour
Parts Included
6. Maximum percent annual increase over previous year's prices Not available 10%
(See Paragraph 3 and Paragraph 10)
Discount for payment in 20 days Not Applicable 0
Number of days after receipt of order that delivery will be 45 Days after receipt and acceptance 60 A.R.O.
completed (See Paraqraph 5) of order but not before lst quarter 1980
Manufacturer's specifications enclosed in duplicate (See Para. 13) YES YES
CONTRACT NO. 9459 ¢
age
I I,
REMARKS
MINNESOTA CASH REGISTER - * If only l price per item is needed (18. 1, b, 2) corresponding memory reduction reduces price to $4801.50, K S s l9,Yoy.so ✓
** If only l price per item is needed (18, 1, b, 2) corresponding memory reduction reduces price to $4441..50.'.0 3 ySo ✓
** Tele Communications (18, 4) requires one Ans -R -Tran device per store plus a 2025 or 2010 compatible modem.
The price of the Ans -R -Tran is $805.50.
* * ** Cassette recovery is provided by our service department. No hardware necessary by user.
NCR CORPORATION - See attached for o additional information.
NO BID
LITTON SWEDA INTERNATIONAL
4444 West 78th Street
Minneapolis, Minnesota 55435 TABULATED BY HENNEPIN COUNTY
i'
WI LIAM E. R
Manager of Purchasing and Central Services
July 19, 1979
Buyer: Richard A. Ryberg 348 -2084
NfR ATTACHMENT
PRICE MAINT
Liquor Store ECR Master 4 11 .00 4
� � � 5.00 5 � 3
46 Function keys
1 line holding display
1 line Incremental display
Compulsory closed drawer
Data Capture interface
Integrated Cassette Recorder
3rd & 4th drawer Control
4 Checker Total blocks
Integrated Comm Concentrator 500.00 45.00
Integrated-Modem 400.00 60.00
Common Carrier Communications 350. 45.00
64 KB Mass Memory 1,765.00 112.00
64 KB to 96 KB 300.00 24.
40 Column Printer 450.00 30.00
17/17 Receipt & Journal Printer 350.00 30.00
Total $8 ,230.00
Discount #W
Net $7,8 18.50
Progra
150.00
Freight 80.58
$8,049.08
i •
PRICE MAIN`P
Liquor Store ECR - Satellite $2,515.00 $245.00
1 line holding display
1 line Incremental display
Compulsory closed drawer
Mass memory interface
3rd & 4th drawer control
4 Checker total blocks
First* Interface 75.00
17/17 Receipt and Journal Printer 350.00 30.00
Integrated Comm Concentrator 500.00 45.00
$3,440.00
Discount 172:00
Net $3,268.00
Programming 75.00
Freight 77.08
$3,420.08
y
ADDENDUM TO NCR BID TO III :NNI:I'1N COUNTY I'URCHASING DEPT.
CONTIti 41 9459
The furnishing of equipment, software, and service as stated in this bid response
is done In accordance with and pursuant to the terms and conditions of NCR's
UNIVERSAL AGREEMENT (U /A.) , a copy of which is attached hereto.
7. Warranty Warranty will be in accordance with section 14b of U/A in regard
to repair. NCR will, on a best -effort basis, return the defective
equipment back to good operating condition within a reasonable
period of time after notification by the customer.
8. Guarantee: Re: U/A section 14b.
18. Exceptions to Detailed Specification:
la) Each item on machines bid on will have up to two (r) prig ,However
discounts are available to from other prices.
1 b4) Do not understand the meaning of this specification
lb8) Machines bid on does not have reorder level
4a) This item may require the use of front end equipment for polling i.e.;
NCR 8 WS or 7500 System
5a 2,3,4,5 and 8
Machine bid on does not provide these functions. Our approach is to capture
each item on cassette and then main frame can process these reports at central.
5c. Machine bid on cannot print difference between physical and current inventory
15. Machine bid on does not have auto netting on errors but provides seperate total
for error control
18. Machine bid on has a void key and a total key.
19. Machine bid on does not provide either reorder point report or sub- department
reports but does have capitility to reorder generic code field for later processing
by central.
.Continuing, store coupons to date, sub- department sales; sub- department sales
(active sub - departments only); reorder level report any physical inventory report
are not provided. Also no to date totals are provided on net sales to date; re-
turns to date and voids to date. '
23. Warranty /Guarantee: Section 14b of U/A
24. Royalties and Patents: Re: Section 9 of U/A
S
28. Bold Harmless- Re: Section 14d of U/A
1