HomeMy WebLinkAbout1979 08-27 CCP Regular Session CITY COUNCIL AGENDA
City of Brooklyn Center
August 27, 1979
7:00 p.m.
1. Call to Order
2. Roll Call
3. Invocation
4. Approval of Minutes - August 13, 1979
5. Open Forum
6. Performance Bond Releases /Reductions:
a. Release
Poppin Fresh, 5601 Xerxes Avenue North
Harstad -Todd Construction (7 -11 Store), 413 - 66th Avenue North
- Federal Lumber, 4810 Lilac Drive
b. Reduction
-First Brookdale Bank, 5620 Brooklyn Boulevard
- Northbrook Shopping Center, 5800 Morgan Avenue North
-Creek Villa, Brooklyn Boulevard & Wingard Lane
7. Resolutions:
a. Providing for a Public Hearing on Proposed Assessments on September 24,
1979
- Recommended for the purpose of establishing a public hearing on proposed
special assessments for work completed in 1978.
b. Opening and Placing on File Proposed Assessments for Public Inspection
C. Accepting Work for Well No. 8 Redevelopment, Contract No. 1979 -C
-Keys Well Drilling Company has satisfactorily completed work on
Well Maintenance Project No. 1979 -4.
d. Accepting Work -Salt Storage Building, Contract No. 1978 -T
Fabricon, Inc. has satisfactorily completed the work on the salt
storage building, Project No. 1975 -43a.
e. Approving Plans and Specifications for Contract 1979 -G
-This contract includes street improvements on Unity Avenue and on James
Circle and sidewalk construction on 69th Avenue.
.f. Establishing Traffic Signal Improvement Project 1979 -10
- Signal for Freeway Boulevard and Humboldt Avenue North.
g. Accepting Proposal. for Design of Traffic Control Signal System at the
Intersection of 65th Avenue and Humboldt Avenue
-This resolution would authorize the execution of an agreement with the
consulting engineering firm for the preparation of construction plans
and specifications for a traffic signal system.
CITY COUNCIL AGENDA -2- August 27, 1979
h. Granting Consent to the Conveyance of a Mortgage Deed from Independence
Ten to Canada Life Assurance
i. Resolution Amending Resolution No. 78 -87 Pertaining to Deferment of
Special Assessments for Persons 65 Years of Age or Older
-We propose to amend the cut -off date for application for deferment of
special assessments from September 1 to October 1. The purpose is to
allow more time to sign up for deferment subsequent to the time the
assessments are certified by the Council.
j. Salary Adjustment in Police Department
k. Re- establishing Industrial Revenue Bond Public Hearing Dates and Time
for Dale Tile, Inc. and Medtronics, Inca
- Public hearing is set for September 10, 1979.
1. Authorizing Mayor and City Manager to Enter into a Joint Cooperative
Agreement with the Hennepin Urban County
8. Planning Commission Items (8:00 p.m.):
a. Application No. 79048 submitted by Robert Adelman. The applicant is
seeking an extension of a site and building plan and special use permit
approval for the addition of two car wash bays to an existing car wash
and service station. Application No. 79048 was recommended for approval
at the August 16 Planning Commission meeting.
b. Application No. 79049 submitted by Darrell Farr Development Corporation.
The applicant seeks preliminary plat approval for the creation of 122
dots and one common area associated with the conversion of the Beach
Apartments to condominiums. Application No. 79049 was recommended for
approval at the August 16, 1979 Planning Commission meeting.
C. Application No. 79050 submitted by Sheehy Architects for Farmers and
Mechanics Bank. The applicant seeks site and building plan approval
for a walk -in and drive -up bank facility at the corner of Xerxes Avenue
North and Northway Drive. Application No. 79050 was recommended for
approval at the August 16 Planning Commission meeting.
d. Application No._ 79051 submitted by the Brooklyn Center Industrial Park.
The applicant requests the subdivision for two tracts, A and B, of
RLS 1325. The site is located on the south side of John Martin Drive,
west of the Perkins Restaurant. Application No. 79051 was recommended
for approval at the August 16, 1979 Planning Commission meeting.
9. Ordinances
a. An Ordinance Amending Chapter 34 Regarding Free - standing Signs for R3
through R7 Districts
-The Planning Commission discussed this ordinance at the July 26 meeting
and recommended the ordinance language at the August 16 Planning
Commission meeting. The ordinance is recommended for a first reading.
b. Ordinance to Phase Out Howe Chemical, Inc.
-First reading.
CITY COUNCIL AGENDA -3- August 27,1979
10. Discussion Items:
a. Recomm ations from the Northwest Hennepin Human Services Council
�£.�� h �+�.,^ ,•ro e-f a Community Action Agency for Suburban and Rural
Hennepin County.
b. Joint and Cooperative Agreement for Northwest Suburbs Cable Communications
Commission.
C. Detached Workers Program
d. Park Development Plan
11. Permits:
a. Explosives permit for Howe Fertilizer.
12. Gambling Licenses:
a. Citizens Band Serving the Public
-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. Rosary Altar Society of St. Alphonsus Catholic Church
-The City Council must act on the following:
-- Application for a Class A license (requires a majority vote of the
Council).
-- Waiver of a $10,000 fidelity bond (requires a unanimous vote of the
Council).
13. Licenses:
14. Adjournment.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION SETTING SURETY BOND AMOUNT FOR WINE LICENSES
WHEREAS, pursuant to State of Minnesota Statutes Chapter 345 it is
' necessary for a wine on -sale establishment to furnish a surety bond;.and
WHEREAS, the City Council of the City of Brooklyn Center may set
the bond amount at no more than $5,000 and no less than $3,0001
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center set the surety bond amount at $3,000 for on -sale wine licenses.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing esolution was duly seconded b
g Y
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.
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL'
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
` REGULAR SESSION
AUGUST 13, 1979
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to
order by Mayor Dean Nyquist at 7:00 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka,
and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney
Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of
Public Works Sy Knapp, Director of Finance Paul Holmlund, and Administrative
Assistants Mary Harty and Brad Hoffman.
INVOCATION
The invocation was offered by Councilmember Fignar.
APPROVAL OF MINUTES JULY 23, 1979
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to approve the minutes of the City Council meeting of July 23, 1979 as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Kuef ler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
OPEN FORUM
Mayor Nyquist opened the meeting for the purpose of the Open Forum session.
Mayor Nyquist recognized Claire Colberg, 7340 Douglas Drive, who wished to speak
concerning the European Health Spa. Mrs. Colberg stated she had been in contact
with Joan Gilchrist of the Health Department and was aware of the City's action
concerning licensing of the swimming pools. She explained she was suing the
European Health Spa because the Spa had claimed certain things and had not followed
through on them for her. She stated she had received a $25 credit on her bill for
bringing in one new member to the Spa but she had not received a $50 credit when
she brought in an additional two members. She further stated she believed there
were many things wrong with the European Health Spa. She explained the pool water
was actually black and in order to keep the pool at a warm temperature, hot water
was being brought in through a hose. She stated the entire Spa facility was poorly
maintained. She stated once a person becomes a member they are forgotten by the
Spa. She stated she would like to see the Spa's license revoked.
Mayor Nyquist explained the City had closed down the pools due noncompliance
with health regulations. Mayor Nyquist explained the City Manager has received
a letter from the Vice President of the European Health Spa who states that the
Spa will be in compliance and will be taking care of the maintenance problems at
the Spa.
Mrs. Colberg stated she was also sending a letter to the Better Business - Bureau
and to the Attorney General's Office concerning the European Health Spa.
As a point of clarification, the City Manager explained the City only licenses
the pools so that is the only area the City regulates.
Mrs. Colberg stated her main concern with the pools was the filtering system
and the hose and she hoped those would be taken care o£. The City Manager stated
those items would be taken care of.
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Mayor Nyquist recognized Mr. Roy Lapham, 6719 Grimes Avenue North, who stated he
wished to speak concerning the housing project at 69th and France Avenue in
Brooklyn Center. Mr. Lapham questioned whether that area had been rezoned.
The Director of Planning and Inspection explained the area had been zoned R -3
since 1968. Prior to that there was a comparable zoning for mid density
residential. The comparable zoning was confirmed in the 1966 Comprehensive Plan
which was then reflected in the 1968 resolution which zoned the property R -3.
Councilmember Lhotka stated residents in the area had contacted him and brought
to his attention that the Council had taken some action which stated R -3 dwellings
should be owner occupied and not rental dwellings in that area.
The City Manager explained zoning does not treat ownership. It is neutral on the
point of ownership. Zoning regulations regulate density and type of development.
The City Manager stated Councilmember Lhotka had contacted him and asked him to
research approximately the years 1966 to 1971 to find out 'what sort of statement
the Council made concerning ownership versus rental. Several residents in the
audience suggested the time span would be approximately 1965 to 1968. The City
Manager stated he would further research this question.
Mr. Lapham stated he was aware the project was subsidized and asked how the subsidy
operated. The City Manager responded there were minimum income - requirements in
order to obtain the subsidy.
Mr. Lapham questioned whether the City could require a different sort of fence on
the south end of the building. Mr. Lapham stated he desired to have a taller fence.
The Director of Planning and Inspection explained the Zoning Ordinance requires a
four foot fence where R -3 abuts R -1, thus the fence in.place was adequate according
to the zoning regulations. Installation of a different fence would be at the dis-
cretion of the developer. The Director of Planning and Inspection stated the
developer was with the company of P. J. Gaughan.
A citizen who resides in the area of 69th and France stated he believed the area
was too densely populated already and to bring in more people with this type of
project would make the area much too dense particularly with traffic. He stated
it was impossible to make a left hand turn from Ewing to 69th presently and if
more people were added to the area it would be totally impossible.
Councilmember Fignar questioned whether a stoplight at 69th and France would ease
the situation. Many citizens responded they did not think that was a feasible
solution.
A citizen questioned whether the City had anticipated the number of additional
school kids. The Director of Planning and Inspection explained that the units
are proposed as three bedroom units so it is likely there will be additional
school age children. The City Manager stated studies have shown that townhouses
are slightly below a single family residential home in terms of school age children.
Another question from the neighbors present was whether or not this development
would raise or - lower the property value of their homes. The City Manager responded
studies find little variation in property value near apartments or townhouses.
He explained there appears to be a slight depression in property values of homes
directly adjacent to freeways.
The neighbors present in the audience also complained about the noise from Ryan
Oldsmobile. The Director of Planning and Inspection responded Ryan Oldsmobile
is under a special use permit and can be controlled by conditions of that permit.
Mayor Nyquist stated the neighbors had not come forth when the special use permit
was before the Council. He stated the Council was unaware of these problems at
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that time.
Mr. Lapham questioned whether the fence behind Ryan Oldsmobile could be fixed
because debris blows underneath the fence. The City Manager responded the
City would investigate that problem.
Mayor Nyquist recognized Mr. Larry Roen, 6700 France Avenue North. Mr. Roen
stated he concurred with the comments made by Mr. Lapham and other neighbors
in the vicinity.
Mr. Roen raised additional questions about the subsidization of the project. The
Director of Planning and Inspection explained the developer sought funding through
the federal government. The Director of Planning and Inspection clarified that
the City does not subsidize that project; rather, the project has been subsidized
through the federal government. The City only becomes involved because of a require-
ment for site and building plan approval. The site and building plan approval,
the financing of the project. The Director of
in do with h
r s nothing to J
whoever, ha g $ P
Planning and Inspection explained if the citizens wanted more information about
that, the best source would be the developer.
Mr. Roen stated he was upset because citizens had not been informed about the
project. He stated he would have much preferred double bungalows in the area.
Another neighbor stated he can't understand why this development is considered a
buffer between commercial and residential. Mayor Nyquist reminded the neighbors
that the question is not a rezoning question.
Mayor Nyquist recognized Mr. Howard Brandt, 6800 France Avenue, who stated he was
happy to see the land developed but he was not happy with the proposed development.
He stated he believed that the development was coming through the back door. He
questioned where the ingress and egress would be for the development. The City
Manager responded that plans were available and by making an appointment with the
Director of Planning and Inspection, Mr. Brandt would be able to review the plans.
In response to questions from Mr. Brandt concerning the upgrading of 69th Avenue,
the City Manager stated the upgrading of 69th has been discussed extensively but
it is not known when the roadway would be upgraded.
In response to neighbors' comments concerning not being notified of the development,
Mayor Nyquist stated notification is required only when there is a rezoning. He
reminded the neighbors that this was not a rezoning question. He stated the Council
had been concerned about letting people know and had kept information available
through the newspaper.
Mayor Nyquist stated the Open Forum session was closed and proceeded with the
other agenda items.
PERFORMANCE BOND RELEASES /REDUCTIONS
The City Manager referred the Council to a memorandum on performance bonds recom-
mended for release or reduction from the Office of Planning and Inspection. He
stated the following performance guarantees were recommended for reduction:
Medtronics 6700 Shingle Creek ,
ree Parkway; Earle frown Bowl,
6440 James Circle;
g Y
Speculative 8 Industrial Building (Palmer Lake Plaza), 6850 -60 -70 Shingle Creek
Parkway. He stated the following performance guarantees were recommended for
release: McDonald's, 5525 Xerxes Avenue North; Speculative 7 Industrial Building,
1600 67th Avenue North; Twin Lake North Apartments, 4710 58th Avenue North; Dr.
Mattison Dental Clinic, 5827 Brooklyn Boulevard; Acme Typewriter, 1900 57th Avenue
North.
There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to
approve the performance bond releases and reductions as recommended in the memo-
8 -13 -79 -3-
randum from the Office of Planning and Inspection in the amounts listed. Voting
in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
RESOLUTIONS
The City Manager introduced a resolution accepting bid and approving contract
form (Bridge and Roadway Construction Contract 1979 -D). He stated bids for this
project were received on July 25, 1979. He recommended the proposal of C. S.
McCrossan, Inc. in the amount of $894,103.96 be accepted for the work.
RESOLUTION NO. 79 -169
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (BRIDGE AND ROADWAY CONSTRUC-
TION CONTRACT 1979 -D)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution for consideration of bids for pedestrian
bridge over T.H. 100 at Summit Drive North (Brooklyn Center Improvement Project
No. 1977 -10 (S.P. No. 109- 115 -01, M.5402(10)). He recommended that the City
Council concur in the award of this contract to the low bidder (Progressive
Contractors, Inc.). In accordance with Resolution No. 79 -153 adopted June 25,
1979, the Commissioner of Transportation has been authorized as the City's agent
to actually award this contract for this F.A.U. project.
RESOLUTION NO. 79 -170
Member Ton y g Kuefler introduced the following resolution and moved its adoption:
RESOLUTION PERTAINING TO CONSIDERATION OF BIDS FOR PEDESTRIAN /BICYCLE BRIDGE
IMPROVEMENT PROJECT NO. 1977 -10
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced three resolutions accepting work for Alley Surfacing
Contract 1978 -H. He explained United Asphalt Company, Inc. has satisfactorily
completed the alley surfacing work associated with the three improvement projects.
RESOLUTION NO. 79 -171
- Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -H
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene,Lhotka,'and Celia
Scott; and the following voted against the same none whereupon said resolution
was declared duly passed and adopted.
8 -13 -79 -4-
RESOLUTION NO. 79 -172
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -H
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION NO. 79 -173
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -H
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced two resolutions accepting work for Street Surfacing
Contract 1978 -K. He explained United Asphalt Company, Inc. has satisfactorily
completed the street surfacing work associated with the improvement projects.
RESOLUTION NO. 79 -174
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -K
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -175
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -K
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced two resolutions accepting work for Water Main and
Sanitary Sewer Contract 1978 -0. He explained De -Luxe Construction, Inc. has
satisfactorily completed the water main and sanitary sewer work for the improve-
ment projects.
RESOLUTION NO. 79 -176
Member Bill Fignar introduced the followin g resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -0
8 -13 -79 -5-
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -177
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -0
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted
in 'favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution establishing Reforestation improvement
Project 1979 -7 and ordering preparation of specifications. He recommended the
project be established in order to replace boulevard trees removed under Diseased
Shade Tree Removal Contract 1979 -B.
RESOLUTION NO. 79 -178
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING REFORESTATION IMPROVEMENT PROJECT NO. 1979 -7 AND
ORDERING PREPARATION OF SPECIFICATIONS
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia
Scott; and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The City Manager introduced a resolution approving specifications for Reforesta-
tion Improvement Project 1979 -7 and directing solicitation of quotations
(Reforestation Contract 1979 -F). He explained that since the Council had acted
favorably upon the resolution establishing the project, it is proposed the
direction for solicitation of quotations be approved. He explained since the
cost of this work is projected to be under $10,000 limit established by Statutes,
it is possible to simply solicit quotations for the work. In this manner, it
is projected that a contract will be executed in a timely manner so that reforesta-
tion may proceed during the fall planting season.
RESOLUTION NO. 79 -179
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SPECIFICATIONS FOR REFORESTATION IMPROVEMENT PROJECT NO
1979 -7 AND DIRECTING SOLICITATION QUOTATIONS (REFORESTATION CONTRACT
NO. 1979 -F)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
8 -13 -79 -6-
The City Manager introduced a resolution establishing Street Improvement Project
1979 -8 and ordering preparation of plans and specifications. He stated it is
intended that the final segment of Unity Avenue within the Ponds Development
(Plat 5) be constructed.
RESOLUTION NO. 79 -180
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO._ 1979 -8 AND ORDERING PREPARATION
OF PLANS AND SPECIFICATIONS
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution establishing Sidewalk Improvement
Project 1979 -9 and ordering preparation of plans and specifications. He
stated it is intended to construct sidewalk along 69th Avenue North (County
Road 130) in two areas. The project includes 69th Avenue between Dupont
Avenue and T.H. 169.
RESOLUTION NO. 79 -181
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1979 -9 AND ORDERING
PREPARATION OF PLANS AND SPECIFICATIONS
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution calling for a public hearing pursuant
to Minnesota Statutes 474.01, Subd. 7b. He explained the public hearing would
be for a proposal from Cass Screw Company. It was decided to hold the public
hearing at the Council meeting September 10, 1979.
RESOLUTION NO. 79 -182
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION
474.01, SUBD. 7b
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -183
Member Bill Fignar introduced the following resolution and moved its adoption
RESOLUTION ACCEPTING BID FOR SIX (6) COMPACT POLICE PATROL SEDANS
8 -13 -79 -7-
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -184
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE
PURCHASE OF SIX POLICE SQUAD CARS
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -185
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF A 10,000 GALLON FUEL OIL STORAGE TANK
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken 'thereon, the following voted in
favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -186
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR A
10,000 GALLON FUEL STORAGE TANK
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -187
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE
PURCHASE OF MICROFILMING EQUIPMENT
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the ,same: none, whereupon said
resolution was declared duly passed and adopted.
PUBLIC HEARING ON INDUSTRIAL REVENUE BOND PROPOSALS
The City Manager stated a public hearing was scheduled for 8:00 p.m. on industrial
revenue bond proposals from Medtronics and from Dale Tile.
Administrative Assistant Brad Hoffman stated the City had followed the requirements
of the Statute and P ublished. notice of the hearin g Y
in the Brooklyn Center Post and
8 -13 -79 -8-
the Minneapolis Tribune. The Statute required 15 days notice. -Administrative
Assistant Brad Hoffman stated the Post notice was published on August 2 and,
therefore, the 15 day notice requirement had not been met in the Post newspaper
although it had been met in the publication in the Tribune. Administrative
Assistant Brad Hoffman recommended opening the public hearing and taking comment
at the present Council meeting and holding the public hearing over until August
27 to complete the hearing. In that way, the City would be in strict compliance
with Statutes.
The City Attorney concurred in the recommendation and stated testimony could
be taken at the present Council meeting and the hearing held over for completion
until August 27, 1979.
Administrative Assistant Brad Hoffman stated the Council had received copies of
resolutions giving preliminary approval to the proposed industrial development
projects submitted by Dale Tile and Medtronics. Those resolutions would authorize
the submission of an application to the Commissioner of Securities for approval
and authorize the preparation of documents and materials in connection with the
project. He stated the Council had also received copies of a me morandum of agree-
g
ment to be signed between the City of Brooklyn Center and Medtronics and between
the City,of Brooklyn Center and Dale Tile.
In response to questions from the Council, the City Manager explained the industrial
revenue bond issue is under a special bond chapter and there would be no change in
the City's full faith and credit. The money does not flow through the City's
treasury and the sale of the bonds is a private sale although the City is kept
informed. In addition, the City Manager stated the resolutions and the memorandums
of agreement have been reviewed by Mr. Dave Kennedy, City's bond counsel. He
stated the documents are standard documents. In response to further questions,
the City Manager responded the City is not involved in the collection of a default
on the bonds. Mayor Nyquist opened the meeting for the purpose of a public hearing
on the industrial revenue bond proposal from Medtronics. Mayor Nyquist recognized
Mr. Steve Jacobs of Dain, Kalman & Quail. He briefly explained the Medtronics
proposal stating it comprehends the expansion of the current Medtronics facility
and meets the legal requirements by adding employment and adding to the tax
base within Brooklyn Center. He stated Medtronics was requesting $1,000,000
in the proposal. As clarification, he stated the Council would be giving
preliminary PP
inar approval and that Medtronics would have to come back before the
Council. The preliminary approval only allows Medtronics to sign documents to
begin the process and work for the project. He explained no contracts could be
signed until the resolution giving preliminary approval had been passed by the
Council. Since the public hearing was to be held over until August 27, no
contracts could be signed
until after that date, if in fact, the Council passes
the resolution on the August 27 date.
Mayor Nyquist recognized Mr. Dean Broden of Medtronics. Mr. Broden reviewed for
the Council that Medtronics,produces heart pacemakers. As part of that, Energy
Technology produces two of the three main components for the heart pacemakers
and that is the power source for the pacemaker. It is anticipated that all of
those operations will be consolidated to one single facility located in Brooklyn
Center, if this proposal is passed upon favorably. That facility would house
production, research and development facilities.
Councilmember Fignar questioned how many employees would be hired by Medtronics.
Mr. Broden responded initially there would be a transfer of 100 to 125 employees
to Brooklyn Center. He stated that would be the short range employment picture.
In the long range employment picture, Medtronics would add an additional 100 to
125 employees.
8 -13 -79 -9-
I '
The City Manager explained to the Council that Medtronics had not submitted site
and building plans for approval as per the City policy. He stated the City
had checked with bond counsel concerning this and bond ,counsel gave the opinion
that the Council could proceed with the Medtronics proposal and pass the
resolution authorizing preliminary approval contingent upon receipt of the site
and building plan approval.
In response to questions from the Council, Mr. Broden responded he believes the
building would be completed approximately May of 1980.
In response to questions from the Council, Administrative Assistant Brad Hoffman
responded the proposal was in order and met the requirements of the Statute. He
staged the Council could give preliminary approval contingent upon receipt of the
site and building plan.
-There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka
to continue the public hearing on the industrial revenue bond _proposal submitted
by Medtronics until August 27, 1979. Voting in favor:- Mayor Nyquist, Council.
members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
Mayor Nyquist opened the meeting for the purpose of the public hearing on the
industrial revenue bond proposal from Dale Tile.
Mayor Nyquist recognized Mr. Richard Palmiter of Rothschild Financial Institution,
who represented Dale Tile. He stated the proposal was for $1,400,000 for office,
showroom and warehouse facilities. Mr. Palmiter stated he was aware that the
Council was quite familiar with the project because Mr. Dale had been before the
Council with this project previously. Responding to questions raised at other
Council meetings, Mr. Palmiter explained the mortgage for this would be placed to
an institution. He stated the proposal attempts to meet State Statute and the
policy requirements set by the City of Brooklyn Center. Mr. Palmiter stated he
believes the proposal meets all of these requirements sufficiently.
In response to questions from the Council, Administrative Assistant Brad Hoffman
stated the proposal meets the requirements of State Statute and is in order.
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to continue the public hearing on the industrial revenue bond proposal from
Dale Tile until the August 27, 1979 City Council meeting. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none. The motion passed unanimously.
PLANNING C014MISSION ITEMS
The City Manager introduced Application No. 79018 submitted by Arthur Kvamme for
a rezoning from R -1 (single family residential) to R -3 (townhouse /garden apart-
ment) of an approximate 32 acre site located between 55th and 56th Avenues at
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 covenants as
a way to insure owner occupied townhouses. Application No. 7,9018 was again
tabled at the July 23, 1979 City Council meeting because the developer and the
neighbors in the area had not reached an agreement. The City Manager explained
that he had met with Mr. Kvamme and with Mary Simmons and it was his understanding
an agreement had,'been reached.
8 -13 -79 -10
Mayor Nyquist recognized Mr. Kvamme who stated an agreement had been signed.
He stated the Council had a copy of the agreement in their packet although a
few changes had been made in the agreement. One of the changes concerned the
deadline date which had read September 1, 1981 but had been changed to read
until the townhouses have been completed and 75% of the townhouses sold.
Mr. Kvamme stated he was happy that the agreement had been reached and was
anxious to proceed.
Mayor Nyquist recognized Mary Simmons who stated she was pleased with the
agreement. She stated she wished to thank the Council, the City Manager, the
City Attorney and the City staff for the work they had done to assist in getting
an agreement which was acceptable to the developer and to the neighborhood.
There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler
to approve Application No. 79018 submitted by Arthur Kvamme noting that the
proposal is consistent with the rezoning evaluation policy and review guidelines.
The approval is subject to the following conditions:
1. The proposed rezoning will benefit and not detract from the
neighborhood and the rezoning will provide additional mid
density residential property to the southeast area of the
City which has relatively little R -3 zoning, thus providing
a wider range of housing choice.
2. The proposal will assist in the eventual elimination of a
nonconforming use.
3. The subject property can be considered generally unsuited
for uses permitted in the present zoning district because
a variance would be needed to develop the property as single
family residential.
4. The proposal will make better use of extraordinarily deep
parcels that could be used for other development.
5. Traffic impact on the area will be minimal. Additionally, the
Council directed the City Manager to prepare an ordinance to
reflect a rezoning from R -1 to R -3 of an approximate 3 acre
site located between 55th and 56th Avenues at Aldrich Avenue
North.
Voting in favor: Mayor Nyquist; Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
Councilmember Kuefler stated he wished to compliment the people of Madsen Floral
and the neighborhood for reaching an agreement. He stated it was a credit to
them all that they had worked through a problem and reached a solution which was
amenable to all. Mayor Nyquist stated he concurred with the comments made by
Councilmember Kuefler.
Mr. Kvamme stated he would recommend that the City Council consider reviewing
the R -3 zoning for the possibility of making it more restrictive. He stated a
more restrictive R -3 zoning might have eliminated some of the problems experienced
in this particular rezoning.
8 -13 -79 -11-
The City Manager introduced Application No. 79029 submitted by George Shimshock
for a resubdivision of two pre- existing parcels combined for tax purposes in
1971. Application No. 79029 was recommended for approval at the July 26, 1979
Planning Commission meeting.
The Director of Planning and Inspection explained that the two described
as Tract Q "and Tract R of RLS 1271 were combined for tax purposes around 1971.
He stated that the applicant wishes simply to redivide the properties along the
same lot line. Tract R will be roughly 79' x 140' and Tract Q will be roughly
80' x 131'
The Director of Planning and Inspection pointed out that while a lot with
deficiency exists for both lots (corner lots should be 90' wide in the R -1 zone),
a variance is not necessary since lot width is a pre- existing condition, unaffected
by this resubdivision. He also stated that Section 35 -500 of the Zoning Ordinance
provides that substandard lots of record prior to 1976 in the R -1 and R -2 zones
shall be considered buildable as long as all the construction meets current ordi-
nance setback requirements. The only zoning criteria in question in this division,
are lot depth and lot area. In both these respects, the application complies with
ordinance requirements. The Director of Planning and Inspection added that the
applicant intends to move a house onto the lot at 5900 Colfax Avenue North to be
situated in accordance with ordinance requirements:
Mayor Nyquist opened the meeting for purposes of a public hearing on Application
No. 79029. There was no one to speak on the application. There was a motion
- by Councilmember Fignar and seconded by Councilmember Lhotka to close the public
hearing on Application No. 79029. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed
unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka 0
to approve Application No. 79029 submitted by George Shimshock to resubdivide
two pre- existing lots combined for tax purposes subject to the following conditions:
1. The subdivision is subject to the approval of the City Engineer
and the City Assessor prior to the filing with the 'County.
2. The subdivision approval does not comprehend approval of any
other action pertaining to the use of the property.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
The City Manager introduced Application No. 79039 submitted by Mr. Ems System, Inc.
- (Embers) for extension of a special use permit granted in conjunction with the site
and building plan approval (Application No. 78045) for an Embers Restaurant located
on James Circle, south of Freeway Boulevard. Application No. 79039 was recommended
for approval at the July 12, 1979 Planning Commission meeting.
The Director of Planning and Inspection explained that a special use permit is
required for a C -2 use in the I -1 district by Section 35 -330 (3) (f) Under the
Zoning Ordinance, special uses which do not commence within one year of the date
of the Council approval must apply for an extension. This application is in
response to that requirement. . 1 0
The Director of Planning and Inspection reviewed that the application was approved
by the City Council on July 24, 1978. Since that time, Embers Restaurant has
undertaken a redesign program to increase energy efficiency in its new and existing
8 -13 -79 -12-
restaurants. 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 Director of Planning and Inspection
pointed out that the plan indicates 93 parking stalls, one more than required
by the ordinance.
Mayor Nyquist opened the meeting for the purposes of a public hearing on Appli-
cation No. 79039. There was no one to speak on the application. The Director
of Planning and Inspection noted the applicant was present. Council members
questioned the applicant as to when the completion date would be. The applicant
stated he was unable to give a specific date.
There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler
to close the public hearing on Application No. 79039. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none.
The motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott
to approve Application No. 79039 submitted by Embers for the extension of site
and building plan approval and special use permit for 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 application are extended
with approval of site and building plans and the special use permit.
4. Any changes in the site and building plan will require review and
approval by the Planning Commission and City Council prior to the
issuance of permits.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
The City Manager introduced Application No. 79046 submitted by St. Alphonsus
Church for a special use permit for an addition to a storage building. (Churches
are special uses in the R -1 (single family) district.) Application No. 79046
was recommended for approval at the July 26, 1979 Planning Commission meeting.
The Director of Planning and Inspection pointed out that the garage is located
on the west portion of the church site at 7025 Halifax Avenue North, just
beyond the outer service drive.
The Director of Planning and Inspection gave a brief description of the proposed
construction. The structure is to be concrete block with a frame roof, consistent
with the existing garage. When completed, the garage will be 24' x 60', double
its present size. ' He noted that the enlarged building will be able to house
recreational and maintenance equipment presently stored outside. He explained
that the proposed structure requires no additional parking and added that parking
provisions on the site are more than adequate. He also stated that the Building
Official, following a site review, has determined that no additional landscaping
is required for the site at this time.
8 -13 -79 -13-
Mayor Nyquist opened the meeting for the purposes of a public hearing on Appli-
cation No. 79046. The applicant, Father Lowry, was present. In response to
questions from Councilmember Lhotka, Father Lowry responded the exterior of
the building would be painted to match the already existing garage.
There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka
to close the public hearing on Application No. 79046. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none.
The motion.passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Fignar to
approve Application No. 79046 submitted by St. Alphonsus Church for a special use
permit approval for construction of an addition to the Church service garage at
7025 Halifax Avenue North subject to the following conditions:
1. The permit is granted to the applicant as user of the facility
and is nontransferable.
2. All maintenance and recreational equipment shall be stored in
the garage for non and seasonal use to minimize outdoor storage.
3. Building plans are subject to review and approval by the Building
Official prior to the issuance of permits.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
DISCUSSION ITEMS
Before proceeding with the discussion items, Mayor Nyquist noted for the record that
the Council had received a letter from Lynn Schultz of 4214 Lakeside Avenue North
concerning the 'problem of noise near the Twin Lake swimming beach. Another letter
was received from Mr. Roger Machmeier concerning the no parking signs near the
public access on the east side of Twin Lake.
CONDITION OF BROOK LANE SHELTER BUILDING
The City Manager explained it is the recommendation of the City that the building
at Brook Lane Park be demolished and removed from the premises to avoid any
possible injuries to occupants. He stated the condition of the park shelter.
building at this time is one of severe deterioration of the structural framing
members due to extensive rotting. He explained the building, being a geodesic
dome structure, the wall and roof framing are all one and the same and rotting
of any framing members affects the entire structure. The City Manager explained
the Building Inspector had inspected the building and stated it was unsafe for
use and should be locked to secure from public use and demolished as soon as
possible.
Councilmember Fignar questioned whether there were any plans to replace the
building. The City Manager explained there were no specific plans at this time
to replace the building. He explained at Budget time, the overall skating rink
situation would be reviewed and at that time a replacement building could be
discussed. A replacement building is proposed in the park plan.
Councilmember Kuefler stated it was his belief the building would -be missed if
not there. He stated the park development plan calls for a building at Brook
Lane. Mayor Nyquist recognized Barb Jensen who stated the building was used
for the football program and also along with the skating 'rink. She suggested
it might be possible to work out an interim solution using the school until
another building -was built.
8 -13 -79 -14
r -
Councilmember Kuefler suggested that the Park and Recreation Director attempt to
work out an arrangement with Garden City School for use of the school.
Mayor Nyquist noted staff had received calls from concerned people in the neigh -
borhood. Those callers stated they would like another building built in the
area.
UPDATE ON COMMUNITY DEVELOPMENT BLOCK GRANTS
Administrative Assistant Brad Hoffman briefly reviewed a memo which he had prepared
concerning Community Development. He explained at length the local HUD office
concern that certain projects proposed by the City of Brooklyn Center to remove
architectural barriers would principally benefit individuals other than handicapped
and elderly. They raised the question that the majority of the users will not be
handicapped or elderly. The local HUD office stated that rampways, bathroom
remodeling and door widening, etc., which are used by the general public do not
provide additional benefit to the nonhandicapped. These comments were made in
reference to the proposal to install an elevator within the City Hall complex
and to proceed with architectural barrier removal within City parks. Administrative
Assistant Brad Hoffman suggested that based on the reasoning of the local HUD office,
the majority of users of sidewalk curb cuts designed for the handicapped are not
handicapped individuals but rather bide riders; therefore, the HUD reasoning seems
faulty. Administrative Assistant Brad Hoffman stated the local office had indicated
that the activities proposed by the City provide considerable benefit to the
general public and that they will request the Washington office to make a policy
determination on whether such activities must be considered to provide principle
benefit to low and moderate income persons merely because they are categorized as
architectural barrier removal.
In addition, apart from the position taken by the local HUD office relative to
Brooklyn Center's Community Development Program, the HUD position taken towards
the Uban County as a whole also has significant impact for the City of Brooklyn
Center. The Department of Housing and Urban Development has indicated to all the
urban counties throughout the County that the department will no longer accept
the Urban County applications that merely group the individual applications of
communities and pass them on to HUD irrespective of any Urban County strategy.
Administrative Assistant Brad Hoffman explained a meeting of the Community Develop -
ment Citizen Group has been scheduled for August 22 to review the developments in
the Community Development Program. He stated he anticipated that the Citizens
Group should have some recommendations for the City Council at the August 27
meeting. He explained some action by the Council will be required at that time
to determine whether or not the City can continue as a participating community
in the Urban County.
As a final note, Administrative Assistant Brad Hoffman explained the Citizens
Advisory Group has recommended establishing a community newspaper with Community
Development Block Grant money. The newspaper would contain legal notices and
would be considered the legal newspaper.
Councilmember Lhotka stated the City of Minneapolis has pursued this type of
thing with great success.
Councilmember Scott referring to Administrative Assistant Brad Hoffman's earlier
comments, stated the objections made by the local HUD office on the elevators
for City Hall has nothing to do with the overall regulations for use of Community
Development Block Grant money. She stated the objections were purely local.
She further stated she was well acquainted with many people active in handicapped
organizations and would be willing to ask assistance of those people if it was
needed.
8 -13 -79 -15-
The City Manager stated each year regulations seem to get more and more stringent
and allow a community less and less flexibility. He stated at some time the City
may have to make a decision as to whether or not they are willing to continue to
go through hoops and loops in order to get the Community Development Block Grant
.money..
Council members questioned Administrative Assistant Brad Hoffman as to whether
or not they as elected officials could do anything. Administrative Assistant
Brad Hoffman stated that the Community Development Citizens Group would be
meeting on the 22nd of August and hopefully would present recommendations to the
Council on the 27th of August. At that time the Council could act on those
recommendations.
EXECUTION OF AGREEMENT CONCERNING BROOKDALE TEN APARTMENTS
The City Manager introduced the next discussion item, the execution of an agreement
concerning Brookdale Ten Apartments. The City Manager stated he had been in contact
with Council members by phone concerning the agreement with Brookdale Ten. He
stated the motion approving the extension of the agreement was appropriate. He
noted the work is to be completed by October 1, 1979.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the extension of the agreement between the City of Brooklyn Center and
Brookdale Ten. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion passed unanimously. -
RECOMMENDATION FROM PLANNING CONSULTANT CONCERNING THE CHARLSON PLAT
The City Manager referred to a traffic study submitted by BRW. He noted the
purpose of this study was to examine the development options for the property owned
by Mr. Charlson, north of Brookdale Ford, in terms of accessibility to the site,
impact on the area wide traffic pattern, capital costs for street improvements,
land requirements for streets and the relationship with any development proposal
to the policy for access to Shingle Creek Parkway.
Regarding the recommended policy on access to Shingle Creek Parkway, the Director
of Planning and Inspection noted that the report offers four guidelines:
1) Access to Shingle Creek Parkway should be from public streets exceptions`
can be made to serve a major generator on multiple developments. 2) The
minimum distances between median openings should be 400 feet, the average distance
should be 600 feet. 3) Curb cuts without a median opening providing for "right
turns only" through a major generator should be more than 250 feet from the nearest
access point. 4) The number of access points should be minimized as far as
feasible within the P
requirements for land development in an orderly and practical
q
fashion.
The Director of Planning and Inspection next briefly reviewed the alternatives for
street locations to serve the site and where median cuts would be located under
each alternative. Following that review, the Director of Planning and Inspection
stated the BRW report recommends alternative four due to the following advantages:
1) Alternative four would provide good accessibility to the area. 2) Traffic
to and from the site would not unduly interfere with through traffic on Shingle
Creek Parkway. 3) Drivers destined to adjacent developments would not be confused
with a cul -de -sac street system. 4) With alternative four, there is more flexi-
bility in developing land within the project because the new street would not
bisect the available land.
The Director of Plannin g P and Inspection pointed out the Planning Commission recom-
mended approval of street plan alternative four shown on figure 15 of the BRW
study subject to the execution of property agreements to put the proposed street
all the way through from Shingle Creek Parkway to John Martin Drive..
8 -13 -79 -16-
Following the comments of the Director of Planning and Inspection, Mayor Nyquist -
recognized a representative of Charlson Properties. He stated Charlson prefers
alternative four because it seems to be the most ideal alternative for the City
and for the area. He stated he had spoken with the property owners and only the
Cinema properties are opposed. In response to questions from Councilmember Fignar,
he stated the objections of the Cinema property owners is that they would have
less parking under alternative four. The Charlson representative also questioned
how long a decision on this matter would take and, therefore, how long would it
be before the development could begin.
Mayor Nyquist recognized Michelle Foster who is the government affairs coordinator
with Rauenhorst Corporation. She stated the matter is complicated because
Rauenhorst leases property to Northwestern Bell. She stated if a BRW alternative
which eliminates median cuts to Northwestern Bell was selected it could create
a number of access problems. She stated Rauenhorst believes that alternative four
is the best solution. In addition, she stated Rauenhorst recommends that the land
be acquired by the City and assessed back to Rauenhorst and Northwestern Bell.
As an alternative, if the BRW number four alternative is not selected, the recom-
mendation of Rauenhorst would be that the median cuts for Northwestern Bell be
retained.
Mayor Nyquist recognized Mr. Tom Hall of Northwestern Bell. He stated Northwestern
Bell hopes that access and egress for Northwestern Bell is continued. If access
and egress is closed, it will cause numerous problems for Northwestern Bell employees
and customers.
i
The Director of Planning and Inspection clarified that if option four was selected,
the access to Northwestern Bell would be better than what presently exists.
Councilmember Kuefler stated the number four alternative seems to be the best
approach but also stated he appreciated the concern of the Charlson people as to
time.
The City Manager stated the City Council might wish to authorize the City to
proceed to take a more active role in solving the problem because of the uniqueness
of this present situation. The City Manager stated if all things could be worked
out, it might be possible to proceed within a month.
The City Attorney stated a ninety day notice period was required for condemnation.
If Northwestern Bell. will be the ones ultimately paying the bill, the City
Attorney stated Northwestern Bell might be more interested in having the property
condemned because Northwestern Bell could spread out the cost at 7% interest over
about fifteen _years under condemnation.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to give policy direction to the City Manager to take a more active role in
pursuing alternative ive num er four which provides a new street across the north
g lternat P
side of the site and extended easterly across the Cinema parking lot to intersect
John Martin Drive at Earle Brown Drive, access to be provided from the street
to Northwestern Bell. As part of this policy directive, the City can become
involved in encouraging negotiations between Northwestern Bell and Rauenhorst
in order that they can come back to the City Council with a specific proposal
possibly by August 27.
In discussion of the motion, the of Planning and Inspection noted the
Planning Commission had made a recommendation concerning the policy for access
onto Shingle Creek Parkway contained in the BRW study. He suggested the Council
might wish to act on that first. Councilmember Kuefler stated he wished to
withdraw the motion to be acted on later and the seconder, Councilmember Lhotka,
8 -13 -79 -17-
agreed to the withdrawl of the :motion.
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to approve the policy for access onto Shingle Creek Parkway contained in the
BRW study previously listed. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed
unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to give policy direction to the City Manager to actively_ pursue the BRW alter-
native number four which provides a new street across the north side of the site
and extended easterly across the Cinema parking area to intersect John Martin
Drive at Earle Brown Drive, access provided from the street to Northwestern Bell.
In taking an active role, the City can encourage negotiations with Northwestern
Bell and Rauenhorst in order that they can come back to the City Council with a
specific proposal possibly by August 27. Voting in favor: Mayor Nyquist, Council-
members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
In discussion of the delay, the Charlson representative stated he concurred in
delaying any action until August 27, 1979.
REPORT ON PEDESTRIAN CROSSING /SPEEDING PROBLEMS ON LYNDALE AT 73rd AVENUE
The City Manager calked the Council's attention to a memorandum from the Director
of Public Works which stated in response to questions raised at the July 23 City
Council meeting, the Police Department has conducted speed checks on July 30 and
31 and August 1. These checks revealed that 90 - 95% of all traffic on Lyndale
Avenue was traveling within the posted 45 mph speed limit and that less than
2% exceeded 50 mph. The Director of Public Works had also checked with MN /DOT's
District 5 Traffic Engineer to review the speed zoning to see if the 45 mph limit
is proper and to review the signing to assure that an adequate number of signs are
posted. The Director of Public Works had noted that the pedestrian crossing
pavement markings are partially worn. Mr. VanHeel, traffic operation supervisor
for MN /DOT, District 5, assured the Director of Public Works that the markings
will be repainted by MN /DOT.
In discussion of the situation, Council members stated it appeared that the only
way to get the attention of drivers in that area is by enforcement efforts. The
Director of Public Works 'stated that squad cars in the area may have affected
the speed tests. Additionally, utility construction in Brooklyn Park may have
had an affect on traffic in slowing it down somewhat. The Director of Public
Works stated he would provide the Council with additional information and as
it becomes available.
RETURN OF PART OF LIQUOR LICENSE FEE FOR CICERO'S
The City Manager referred the Council to a memorandum from the City Clerk which
stated that according to Section 11 -105, Subdivision 6 of the Ordinances of
Brooklyn Center, the holder of a liquor license may request a refund or a portion
of that license fee if his request follows the criteria set by the ordinance._
The owner of Cicero's has stated in a letter to the City that due to his health,
his Doctor has ordered he dispose of some of his business enterprises. He has
disposed of both the Edina and Brooklyn Center restaurants and is requesting a
refund of 5/12 of his $10,000 license fee which amounts to $4,166.65. The City
Manager recommended that the Council grant the request for return of the money.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to return 5/12 of the $10,000 license fee to Mr. Michael Belknap. Voting in
favor: Mayor Nyquist,-Councilmembers Kuefler, Fignar, Lhotka,- and Scott. Voting
against: none. The motion passed unanimously.
8 -13 -79 -18-
CONS OF SPECIFIED LICENSES
The City Manager stated there was an application from Rocky Rococo Pan Style
Pizza of 1267 Brookdale Center to operate an on -sale nonintoxicating liquor
license at Rocky Rococo Pan Style Pizza. The City Manager stated an investi-
gation had been made and all is in order. There was a motion by Councilmember
Kuefler and seconded by Councilmember Lhotka to approve an on -sale nonintoxi -a in
eating liquor license for Rocky Rococo Pan Style Pizza at 1267 Brookdale
Center. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion passed unanimously.
The City Manager stated there was an application from Denny's Restaurant located
at 3901 Lake Breeze Avenue to operate an on -sale nonintoxicating liquor license
and an on -sale wine license at Denny's Restaurant. The City Manager stated an
investigation had been made and all is in order. There was a motion by Council -
member Kuefler and seconded by Councilmember Fignar to approve an on -sale non -
intoxicating liquor license and an on -sale wine license for Denny's Restaurant
at 3901 Lake Breeze Avenue. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed
unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to approve the following list of licenses:
CIGARETTE LICENSE
Interstate United Corporation 1091 Pierce Butler Route
State Farm Insurance 5930 Shingle Creek Pkwy.
FOOD ESTABLISHMENT LICENSE
Rocky Rococo Corporation 2 E. Gilman St., #330
Rocky Rococo Pan Style Pizza 1267 Brookdale Center
HOUSEMOVER'S LICENSE
Semple Housemover's, Inc. 1257 Barclay St.
Voight Movers R. R. 2, Glencoe, MN
MECHANICAL SYSTEM'S LICENSE
Atkins Mechanical, Inc. 2531 Marshall N.E.
Kleve Heating & Air Conditioning 13075 Pioneer Trail
Suburban Heating & Air Conditioning 8419 Center Drive
NONPERISHABLE VENDING MACHINE LICENSE
Interstate United Corporation 1091 Pierce Butler Route
State Farm Insurance 5930 Shingle Creek Pkwy.
ON -SALE NONINTOXICATING LIQUOR LICENSE
Denny's, Inc. 14256 E. Firestone Blvd.
Denny's Restaurant 3901 Lakebreeze Ave. No.
Rock y Rococ o Corporation ar oration
2 E Gilman St. #330
0
Rocky Rococo Pan Style Pizza 1267 Brookdale Center
8 -13 -79 -19-
ON -SALE WINE LICENSE
Denny's, Inc. 14256 E. Firestone Blvd.
Denny's Restaurant 3901 Lakebreeze Ave. No.
PERISHABLE VENDING MACHINE LICENSE
Interstate United Corporation 1091 Pierce Butler Route
State Farm Insurance 5930 Shingle Creek Pkwy.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
Councilmember Fignar stated Brooklyn Center Senior Babe Ruth team was going to
be competing in the regional tournament and suggested the City Council might wish
to send them a congratulatory telegram. The City Manager stated he would take'
care of that.
The City Manager stated he wished to inform the Council that due to the new CETA
guidelines, the two present detached workers, both CETA employees would be
terminating as CETA employees at the end of the contract period, September 30,
1979. The new guidelines state that employees may only be employed as CETA
employees for a period of 18 months. Most present CETA employees have been
employed over 18 months and, therefore, will be terminated as CETA employees
on September 30, 1979. He stated he would be in contact with the YMCA program
director, Frankie Francel, on this matter and it was anticipated she would be
speaking to the Council on this matter in the near future.
Councilmember Scott states she had been in contact through her position with
Cooper High School with a New Hope detached worker who has done -a terrific
job working with students at Cooper High School.
ADJOURNMENT
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 10:40 p.m.
Clerk Mayor
8 -13 -79 -20-
Cam'
MEMORANDUM
TO: Ronald A. Warren, Director of Planning and Inspection
FROM: Will Dahm, Building Official
SUBJECT: Performance Bonds Recommended for Release or Reduction
DATE: August 24, 1979
The following performance guarantees are recommended for release or reduction
as specified:
1. Federal Lumber
4810 N. Lilac Drive
Planning Commission Application No. 76062
Amount of Guarantee - $5,000.00
(Obligor Federal Lumber Co.)
All site work including paving, curb and gutter, and plantings installed
as per approved plans.
Recommend total release
2. Northbrook Shopping Center /Winchell's Donuts
1912 57th Avenue North
Planning Commission No. 77056
Amount of Guarantee $34,351.00, Certificate of Deposit
(Obligor - United National Corporation)
Concrete curbs and gutter and paving completed. Landscaping not completed
and some shrubs dead.
Recommend reduction by $24,351.00 to $10,000.00
3. First Brookdale State Bank
5920 Brooklyn Boulevard
Planning Commission Application No. 78037
Amount of Guarantee $50,000.00
(Obligor - Kraus Anderson Building Company)
All site improvements completed as per approved site plans. Recommend holding
10% of bond until following spring to ensure viability of plantings.
Recommend reduction by $45,000.00 to $5,000.00
4. Poppin Fresh Pies
5601 Xerxes Avenue North
Planning Commission Application 78063
Amount of Guarantee - $10,000.00
(Obligor`- Poppin Fresh Pies, Inc.)
All site work completed as per approved plans.
Recommend total release.
. 'I
Bond Releases or Reductions `
Page 2
August 24, 1979
5. Creek Villas Townhouses
Brooklyn Boulevard and Wingard Lane
Planning Commission Application No.
Amount of Guarantee $5,000.00 Cash Deposit, $9000.00 Escrow Agreement
,(Obligor - Dietrich Homes)
Noted three of the required 6" trees have been removed and not replaced.
` Also, 13 trees of Tess than 6" requirement are either dead or have been
removed without being replaced. These nineteen trees are all for front
yard /blvd. installations. There are, however, 60 additional trees, such
as Locust,Russian Olives, Ash and Flowering Crabs which have been placed
throughout the site. There are also 6 existing Willow trees of 4 to 10"
diameter on the site which were not on the plans. There are approxi-
mately 220 to 225 additional shrubs or bushes placed primarily in front
yards. There are 6 pine trees and several lilac bushes missing along
the south property line which were required as screening of car lights
to residences to the south. It should also be noted that 6 street lights
of mercury vapor type have been added by Duane Dietrich to replace gas
yard lights.
Recommend the $9,000.00 escrow agreement be released and hold the $5,000.00
Deposit. Will be available at Council meeting to review this application
in more detail.
6. Harstadd -Todd (7 -11 Store)
413 -66th Ave. North
Planning Commission Application No. 73028
Amount of Guarantee - $5,000.00
(Obligor Keith Harstadd)
Original bond in amount of $10,000.00 was reduced to $5,000.00 on
September 11, 1978. All site work including plantings and trash enclosure
have been installed as per approved plans.
Recommend total release
Approved y
Ronald A. Warren, Director of Planning and Inspection
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDIT?G FOR PUBLIC HFAR.?T?G ON PROPOSED
ASSESSMENTS ON SEIYMIBFR 24, 1979
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, to hold a public hearing on special assessments at the City Hall,
6301 Shingle Creek Parkway, on Nbnday, the 24th day of September, 1979, at
8:00 p.m., central daylight time, on the following improvements:
Water Main
1978 -4
1978 -21
1978 -31
Sanitary Sewer
1978 -5
1978 -22
Storm Sewer
1978 -23
1978 -32
1978 -35
Street Surfacing
1977 -19
1978 -20
1978 -24
Tree Removal
1978 -1
1979 -3
Alley
1977 -13
1977 -22
1978 -7
Curb and Gutter
1977 -20
1978 -28
and P.U. Water Hookups
and Sanitary Sewer Hookups
Resolution No.
{
Date Mayor
ATTEST:
Clerk
The rrotion for the adoption of'the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION PLACING ON FILE AND OPENIr?G PROPOSFD ASSESS-
MENTS FOR PUBLIC INSPECTION
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, to order placed on file in the Clerk's office and opened for public
inspection the proposed assessments on the following improvements:
Water Main
1978 -4
1978 -21
1978 -31
Sanitary Sewer
1978 -5
1978 -22
Storm Sewer
1978 -23
1978 -32
1978 -35
Street Surfacing
1977 -19
1978 -20
1978 -24
Tree Removal
1978 -1
1979 -3
Alley
1977 -13
1977 -22
1978 -7
Curb and Gutter
1977 -20
1978 -28
and P.U. Water Hookups
and Sanitary Sewer Hookups
Resolution No.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION ACCEPTING WORK PFRFORMED UNDER CCUTPACT 1979 -C
WMEREAS, pursuant to written Contract 1979 -C signed with the City of
Brooklyn Center, Minnesota, Keys Well Drilling Co. has satisfactorily completed
the following improvement in accordance with said contract:
Well Maintenance Project No. 1979 -C
Reconditioning of Deep Well No. 8 located at 7230 Camden Avenue North.
NOW, TfI=OFE, BF IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. The uork completed under said contract is hereby accepted and
approved.
2. The value of irk performed is greater than the original contract
amount by $1,130.70 due to the following:
a. Elimination of the airliftingvcork contemplated under
Section 3 of the contract resulted in a reduction of
$5,950.00 in the contract amount.
b. An overestimation of the planned quantity for air de-
compression in Section 2 of the contract resulted in
a reduction of $412.50 in the contract amount.
c. An 85% increase over the total planned quantities for
bailing of soil material resulted in an increase of
$7,493.20 in the contract amount.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. The total amount to be paid for said
project under said contraet shall be $20,955.70.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following_ resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED UNDER CD1\ RAACT 1978 -T
WHEREAS, pursuant to written Contract 1978 -T signed with the City
of Brooklyn Center, Minnesota, Fabcon, Inc.'has satisfactorily completed the
following improvement in accordance with said contract:
Salt Storage Building Improvement Project No. 1978 -43P
Construction of precast concrete building shell at 2501 69th
Avenue North.
NOW, THEREFORE, BE IT RFSOLUFD by the City Council of the City of
Brooklyn Center that:
1. The vnrk completed under said contract is hereby accepted and
approved.
2. The value of cork performed is equal to the original contract
amount.
3. It is hereby directed that final payment be made on said contract,
taking the Contractor's receipt in full. 'The total amount to be paid for said
project under said contract shall be $37,671.00.
Date Mavor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
der , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
Member introduced the following resolution and
moved its adoption:
` RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET
SURFACING IMPROVEMFNT NO. 1978 -27E, STREET' INPROVFMENT PPOJECT
N0. 1979 -8, AND SID9rALK rTROVHAENT PR(=- NO. 1978 -9, AND
DIRECTING ADVERTISFY= FOR BIDS (BITUMDI OUS PAVING CC TTRACT
1979 -G)
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, as follows:
1. The plans and specifications for the following inprovement(s),
prepared by the City Engineer are hereby approved and ordered filed with the
Clerk:
STREET SURFACING IlKPROVEMETTT Pp=CT NO. 1978 -27E
STREET IMPROVEMENT PROJFCT NO. 1979-8
SIDEKMLK IMPROVEM T PROJECT NO. 1979 -9
2. The Clerk shall advertise for bids for such improvement by publica-
tion at least once in the official newspaper and in the Construction Bulletin,
the date of first publication not less than ten (10) days prior to the date for
receipt of bids. Said notice shall state that no bids will be considered. unless
sealed and filed and accompanied by a cash deposit bid bond, cashier's check or
certified check payable to the City Clerk in the amount of not less than five
per cent (So) of the bid.
3. Bid date is set for Wednesday, September 19, 1979 at 11:00 o'clock,
A.M. Central daylight time.
4. The City Manager and City Engineer shall be authorized to open and
tabulate the bids.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
nor 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 ESTABLISHING TRAFFIC =1AL EvPROVFMP*T PROJECT
NO. 1979 -10 AND ORDERING PRFPARATI(V OF PLANS AND SPECIFI-
CATIONS
WHEREAS, the City Council has requested that the City Fnnineer
investigate the traffic situation at the intersection of Humboldt Avenue
North and Freeway Boulevard /65th Avenue with respect to warrants for in-
stallation of a traffic signal at said intersectionk- and
WHEREAS, the City Engineer has reported that, uron investigation,
warrants are met for installation of a traffic signal at said intersection;
and
WHEREAS, the City Council deems it necessary to initiate Traffic
Signal Improvement Project No. 1979 -10.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to direct the City Ehaineer to prepare plans and
specifications for said improvement project described as follows:
1979 -10 - Traffic Signal
Signalization of the intersection of Humboldt Avenue North and
Freeway Boulevard /65th Avenue.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoina resolution was duly seconded by
member , and upon vote beir_a taken thereon, the following
voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
t
1 7
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AC'.CFPTING PROPOSAL FOR DFSIGN. OF TRAFFIC CONTROL
SIGNAL SYSTEM AT TYE IN'T'ERSECTION OF HLZTOIDT AVP -TUF AND
FREELY BOULEVARD /65TH AVENUE
%MTAS, the City Council has directed the City Engineer to prepare
plans and specifications for Traffic Signal Improvement Project No. 1979-10- -
i.e. -- Signalization of the intersection of Humboldt Avenue North and Freeway
Boulevard /65th Avenue North; and
WHEREAS, the City Engineer has obtained statements of qualifications from
four engineering consultants, then subsequently obtained detailed proposals from
the two consultants deemed best qualified to design said project and now recommends,
that the proposal of Short- Elliott - Hendrickson, Inc., Consulting Engineers, be
accepted, with a lump sum fee of $3,750.00 for the basic scope of work and author-
ized extra services not to exceed $500.00 without prior approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that the City Manager is authorized to contract with Short-Elliott-
Hendrickson, Inc., in accordance with their proposal.
Date Mayor
ATTEST: .......
Clexk
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..
7/L
Member introduced. the following resolution and
moved for its adoption:
4 1 140,
RESOLUTION CONSENrIMIG TO COI`=ANCE OF A MOR"GP_GE DEED $Y
INDEPENDENCE TEN TO CANADA LIFE ASSUPANCE COMPArYY
WHIIT -AS, on November 15, 1978, Independence Ten (a General Partner -
ship) conveyed an open space easement to the City of Brooklyn Center over
lands to Shingle Creek and legally described as follows:
The South 12 feet of the West 3 /4ths, of the Southwest Quarter
(SW 1/4) of the Northeast Quarter (NE 1/4) of Section 28,
Township 119 North, Range 21 West of the 5th Principal Meridian,
lying Easterly of and adjacent to the center line of State High-
way 152; and
WIIEFREAS, Independence Ten wishes to arrange permanent financing on
its related construction project by the conveyance of a Mortgage Deed; and
WHEREAS, the mortgagee, Canada Life Assurance Company, interprets
Covenant No. 3 of the Open Space Easement to require consent by the City of
Brooklyn Center for conveyance of said deed - and
WHEREAS, the said Mbrtaage Deed does not affect the interests of the
City of Brooklyn Center in said Open Space Fasement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that it hereby consents to the conveyance of a Mortgage Deed
by Independence Ten to Canada Life Assurance Company on the real estate des -
cribed herein.
..........
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 follow-
ing voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
LAW OFFICES
LEFEVERE, LEFLER, PEARSON. O'BRIEN & DRAWZ
AY 1100 FIRST NATIONAL BANK BUILDING
TON L L[FE VERE `
RBERT P. LEFLER MINNEAPOLIS, MINNESOTA 55402
RTIS A. PEAR50N Brookdale Off
J. DENNIS O'BRIEN TELEPHONE
JOHN E. DRAWZ (612) 333 -0543 610 BROOKDALE TOWERS
DAVID J. KENNEDY
JOHN B. DEAN 57 AVENUE NORTH AT BROOKDALE CENTER
GLENN E. PURDUE MINNEAPOLIS, MINNESOTA 55430
JAMES D. LARSON p , 19 (� 79 (�
CHARLES L. LEFEVERE August S TELEPHONE
HERBERT P. LEFLER UL 16121 561 -3200
JEFFREY J- STRAND
JAMES P. O'MEARA
MARY J. SJORKLUND RICHARD J. SCHIEFFER
THOMAS D.CREIGHTON
Mr. Gerald Splinter
City Manager
City of Brooklyn Center
6301 Shingle Creek g e Pkwy.
Brooklyn Center, MN 55430
Re: INDEPENDENCE TEN
Dear Jerry:
Enclosed is a resolution by which the City of Brooklyn Center
can consent to the mortgaging of some property over which it
has an Open Space Easement. Copies of the Easement and support-
ing documents are enclosed.
Since a mortgage is, technically, the conveyance of an interest
in real estate, the life insurance company wants to protect it-
self with a resolution.
There is no legal reason why the resolution should not be
adopted.
Sincerely,
:nSc i /ard . Schieffer
:bh
.
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY,'LTD.
4344 IDS CENTER
MINNEAPOLIS, MN 55402
August 2, 1979
�WAYNE G. POPHAM , FREDERICK C. BROWN
RAYMOND A. HAIK - BRUCE D. MALKERSON TELEPHONE AND TELECOPIER
ROGER W. SC HNOBRICH ,: *JAMES R. STEILEN
DENVER KAUFMAN.` JAMES B. LOCKHART 612- 335-9331
DAVID S. DOTY . ". ALLEN W. HINDERAKER -•-
ROBERT A. MINISH 4l CLIFFORD M. GREENS DENVER OFFICE
ROLFE A. WORDEN �D, WILLIAM KAUFMAN
G. MARC WHITEHEAD DESYL L. PETERSON 2660 ENERGY CENTER ONE
BRUCE D. WILLIS MICHAEL O. FREEMAN DENVER, COLORADO 80202
FREDERICK S. RICHARDS LARRY D. ESPEL 303- 825 -2660
RONALD C. ELMOUIST DAVID A. JONES
G. ROBERT JOHNSON SALLY A. JOHNSON
GARY R. MACOMBER
ROBERT S. BURK OF COUNSEL
ROBERT E. HAMEL 9E DALE C. NATHAN
iE NOT ADMITTED TO MINNESOTA BAR
Richard J. Schieffer, Esq.
610 Broohdale Towers
2810 County Road 10
Minneapolis, Minnesota 55430
Re: Independence Ten /Canada Life
Assurance Company Mortgage
Our File Number 5197 -005
Dear Mr. Schieffer:
In early 1973, at the request of the City of Brooklyn Center,
Independence Ten executed an Open Space Easement (copy enclosed)
which was approved by you prior to its execution.
In the course of a mortgage financing transaction, for a
$400,000.00 permit mortgage on the property, counsel for Canada
Life Assurance Company has construed Covenant No. 3 of the Open
Space Easement to require the consent by a City Council Resolution
to this mortgage.
A copy of the amendment of the mortgage by which this property
is included is enclosed. I do not believe this will be a controversal
matter, but we do need a City Council Resolution.
I would appreciate it if you could put this matter on the
agenda and secure a City Council Resolution consenting to the
execution of this mortgage.
Please give me a ring if you have any questions.
Very truly yours,
Rolfe A. Worden
RAW /j lm
cc: z
Francis J. Girdler
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION NIENDING RESOLU'TIal NO. 78 -87 RELATING TO
DEFERMF2 OF SPECIAL ASSESSMENTS
WHEREAS, on May 8, 1978, the City Council of the City of Brooklyn
Center, Minnesota, adopted Resolution No. 78 -87 approving the deferment of
special assessment annual installments for persons 65 years of aae or older
in accordance with the criteria set forth in Minnesota Statutes 435.193
through 435.195; and
WHEREAS, it has been deternined by the City Council that the dead-
line set forth in Resolution No. 78 -87 for receipt of applications for said
deferments should be revised from September 1 to October 1. of the preceding
year of date which payment is due in order to allow additional time for re-
ceipt of applications subsequent to the placing on file and opening proposed
assessments for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Paragraph 7 of Resolution No. 78 -87 shall be amended to
read as follows:
"BE IT FURTHER RESOLVEDD that the City Manager is directed to
provide application forms, as may be necessary, and is authorized
to process said applications signed by the qualified persons
prior to October 1 of the preceding year of date which payment
is due and direct Hennepin County to defer the special assess-
ments within said application."
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon vote being taken thereon, the following
voted in favor thereof:
and the following, voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR WAGE AND SALARY ADJUSTMENT FOR THE
CHIEF OF POLICE
WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn
Center does provide that the City Council may., by majority vote of its members,
transfer unencumbered appropriation balances from one office, department or
agency to another within the same fund; and
WHEREAS, on September 27, 1978, the City Council of the City of
Brooklyn Center adopted a Budget for the calendar year 1979; and
WHEREAS, on December 18, 1978, the City Council did adopt Resolution
No. 78 -296 which set salaries and wages for the year 1979 for all nonorganized
City employees; and
WHEREAS, the wages set for the position of Chief of Police did not
contemplate a salary adjustment following the successful completion of the
probationary period of James L. Lindsay; and
WHEREAS, James L. Lindsay, Chief of Police, has successfully completed
his probationary period; and
WHEREAS, the Brooklyn Center Police Department has undergone a
successful reorganization under the direction of Chief Lindsay:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to adjust the salary for the position of Chief of Police from
$29,288 annually to $30,288 annually.
BE IT FURTHER RESOLVED that the monies for the salary adjustment be
funded through the salary appropriation for the Police Department as approved
in the 1979 Brooklyn Center Budget.
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.
r"
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR
INDUSTRIAL REVENUE BOND PROPOSALS FROM MEDTRONICS,
INC. AND DALE TILE, INC. AND AFFIRMING ADMINISTRA-
TIVE ACTION
WHEREAS, the City of Brooklyn Center by virtue of Resolution No.
79 -166 established August 13, 1979, as the public hearing date for industrial
revenue bond proposals submitted by Dale Tile, Inc. and Medtronics, Inc.; and
WHEREAS, the notice of public hearing for the August 13, 1979
hearing, was not consistent with the requirements set forth in Minnesota
Statute 474; and
WHEREAS, the Brooklyn Center administration published a public
notice for an industrial revenue bond hearing for Medtronics, Inc. and Dale
Tile, Inc., to be held at 8 :00 p.m. on September 10, 1979.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of -
Brooklyn Center does confirm the action of the City administrative staff.
BE IT FURTHER RESOLVED that the industrial revenue bond hearings for
Medtronics, Inc. and Dale Tile, Inc. be held September 10, 1979 at 8:00 p.m.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE A JOINT POWERS AGREEMENT WITH THE HENNEPIN
URBAN COUNTY
WHEREAS, the Housing and Community Development Act of 1974, as
amended, Public Law 93 -383, authorizes the formation of "urban counties ";
and
WHEREAS, Hennepin County has joined with municipalities totaling
in population over 200,000 people thereby forming such such an "urban county"
under the Act; and
WHEREAS, it appears to be to the advantage of the City of Brooklyn
Center to join with the County for the fifth and subsequent years of this
program; and
WHEREAS, on September 25, 1978 the Brooklyn Center City Council
by motion did authorize the Mayor and City Manager to enter into a Joint
Powers Agreement with Hennepin County to make application for Community
Development funds; and
`WHEREAS, the Department of Housing and Urban Development has
determined that the current Hennepin Urban County Joint Powers Agreement
is not consistent with the regulation of the Community Development Block
Grant Program; and
WHEREAS, a new Joint Powers Agreement has been drafted by the
urban county consistent with the regulations promulgated by the Department
of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, a duly constituted unit of general local government in
Hennepin County, that the City join with the County, pursuant to Minnesota
Statutes 471.59, to accomplish the eligible activities denoted in Section
570.200 of the rules and regulations to Public Law 93 -383.
BE IT FURTHER RESOLVED that the Mayor and City Manager be and are
hereby authorized to sign on behalf of the City the Joint Powers Agreement
attached hereto.
Date Mayor
I
ATTEST:
Clerk
The motion for the adoption.of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the following
voted in favor thereof:
and the followin g g voted against the same:
whereupon said resolution was declared duly passed and adopted.'
MEMORANDUM 4
TO:. Gerald G. Splinter, City Manager
FROM: Brad Hoffman, Administrative Assistant
DATE: August 24, 1979
SUBJECT: New Hennepin Urban County Joint Powers Agreement
As I have noted previously, the Department of Housing and Urban Development
is requiring the Hennepin Urban County joint cooperation group to resubmit a
joint cooperation agreement that is consistent with the policies and regulations
of the Community Development Block Grant Program. Specifically, HUD will not
recognize a joint cooperation agreement that treats the participating communities
as entitlement communities. Community activities must reflect a county community
development strategy.
The most significant difference between the former agreement and the proposed
agreement is the authority of Hennepin County to review and to either accept or
reject City proposals for community development projects. Rejection or acceptance
of a community project will be based upon an urban county strategy that is to be
developed in conjunction with the participating communities. In the future,
Brooklyn Center would not be guaranteed a given number of community development
dollars but would rather be given a planning amount for which they could propose
programs. To the extent that such programs were consistent with the rules and
,regulations of HUD and with the urban county strategy, the programs submitted
would be approved. Also, a two year limitation has been placed upon participating
communities to spend the monies allocated for approved programs or activities.
The Brooklyn Center Community Development Citizens Participation Committee met
on August 22 to discuss the implications of the new joint powers agreement. It
was their unanimous recommendation that the City Council approve the new joint
powers agreement. However, the Committee expressed its concerns with the citizen
participation process relative to its involvement in the development of an urban
county strategy. They indicated their concern for the cost effectiveness of
adding an additional level of government to review local activities and they
expressed an overall concern for the direction of the Community Development
Program in general. They indicated that the City should review the coming year
in community development' giving serious consideration to withdrawing from the
urban county if the new agreement proves to be untenable.
The joint powers agreement submitted for the Council's consideration must be
approved prior to August 31, 1979. In essence, the Council is given the oppor-
tunity to adopt a joint powers agreement and continue in the urban county or to
reject the joint powers agreement and withdraw from the Community Development
Program. While I have serious reservations about the language and the structure
of the joint powers agreement, it would be my recommendation to adopt the
cooperation agreement and review our ability to work under the new agreement
next August.
Contract No.
JOINT COOPERATION AGREEMENT
THIS AGREEMENT made and entered into by and
i between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter
referred to as "COUNTY ", and the CITY OF ,
hereinafter referred to as "CITY ", said parties to this
Agreement each being governmental units of the State of
Minnesota, and is made pursuant to Minnesota Statutes,
Section 471.59;
W I T N E S S E T H:
In consideration of the mutual covenants and
promises contained in this Agreement, the parties mutually
agree to the following terms and conditions.
I.• DEFINITIONS
For purposes of this Agreement, the terms defined
in this section have the meanings given them:
A. "The Act" means the Housing and Community
Development Act of 1974, Title I, of Public Law 93-
383, as amended (42 USC 5301 et.seq.
E. "Regulations" means the rules and regulations
promulgated pursuant to the Act.
C. "HUD" means the United States Department of
Housing and Urban Development.
D. "Cooperating Community" means any city or town
r
in Hennepin County which has entered into a cooperation
agreement which is substantially identical to this
Agreement.
E. "Strategy" means that portion of the Community
Development Block Grant Application entitled
"Comprehensive Strategy and which is developed by the
County in conjunction with cooperating communities
pursuant to the Regulations.
F. "Planning Area" means the various regions of
Hennepin County as adopted for purposes of the Act
by County Resolution 78 -11- 11.69.
The d contained in 42 USC 5302 of the
Act and 24 CFR 570.3 of the Regulations are incorporated
herein by reference and made a part hereof.
II. PURPOSE
CITY and COUNTY have determined that it is desirable
and in the interests of their citizens that COUNTY qualify
as an urban county within the provisions of the Act. This
Agreement contemplates that identical agreements will be
executed between COUNTY and other cities in Hennepin County
which do not qualify as metropolitan cities under the Act in
such number as will enable COUNTY to so qualify under the
Act.
The purpose of this Agreement is to authorize
COUNTY to cooperate with CITY in undertaking, or assist in
undertaking, essential community development and housing
assistance activities, specifically urban renewal and publicly
assisted housing pursuant to community development block
- grants as authorized by the Act and the Regulations.
III. TERM OF AGREEMENT
The term of this Agreement is for a period commencing
on the effective date of October 1, 1979, and terminating no
• sooner than the end of the program year covered by the
application for the basic grant amount approved subsequent
to the effective date. This Agreement is extended automatically
for each subsequent program year unless written notice of
termination to be effective at the end of such program year
is given by CITY to COUNTY following the same schedule as
4
the "opt out" notification requirements as established by
HUD. COUNTY shall provide written notification to CITY of
CITY'S right to "opt out" and terminate this Agreement at
least thirty (30) days prior to. the "opt out" date.
, .
Notwithstanding any other provision of this Agreement,
this Agreement shall be terminated at the end of the program
year during which HUD withdraws its designation of Hennepin
r County as an Urban County under the Act.
This Agreement shall be executed by the appropriate
officers of CITY and COUNTY pursuant to authority granted
ahem by their respective governing bodies, and a copy of the
authorizing resolution and executed Agreement shall be filed
promptly by the CITY in the office of the Hennepin County
Administrator, and in no event shall the Agreement be filed
later than 'August 31, 1979.
IV. SCOPE OF ACTIVITIES
CITY agrees and will undertake and attempt to
carry out within the term of this Agreement certain projects
involving one or more of the essential activities eligible
for funding under the Act. COUNTY agrees and will assist
CITY in the undertaking of such essential activities by
providing the services specified in this Agreement.
A. CITY further specifically agrees as follows:
1. It will prepare a grant application for funds
in accordance with the provisions of 24 CRF 570
Subpart D ( §570.300 et.seq. and the applicable Strategy.
2. It will submit its application for funds to
COUNTY in such form as is required for timely
submission to HUD and appropriate reviewing agencies.
3. It will use all funds received pursuant to
this Agreement within two program years. Such
expenditures will be for activities included in the
COUNTY'S application to HUD.
4. It will take actions necessary to accomplish
the community development program and housing
�. assistance goals.
5. It will ensure that affirmative action is undertaken
with regard to fair housing, employment and business
opportunities for minorities and women. ,It will comply
with all applicable Federal and Minnesota laws, statutes,
rules and regulations with regard to civil rights,
affirmative action and equal employment opportunities.
r B. COUNTY further specifically agrees as follows:
1.. It shall prepare and submit to HUD and appropriate
reviewing agencies, all necessary applications for
V
a basic grant amount under the Act. Such application
shall, to the maximum extent feasible, consider the
actions taken by citizen support of the community
development program and housing assistance goals,
together with citizen participation, the Act and any
other relevant Minnesota and /or Federal statutes or
regulations. In setting such priorities, COUNTY will
consider the previous performance of CITY in the expenditure
of funds received under the Act in order to fulfill
COUNTY'S responsibility to HUD for accomplishment of
the community development program and housing assistance
goals.
2. It shall provide, to the maximum extent feasible,
technical assistance and coordinating services to
CITY in the preparation and submission of the grant
applications.
3. It shall provide ongoing technical assistance
to CITY to aid COUNTY in fulfilling its responsibility
to HUD for accomplishment of the community development
program and housing assistance goals. The parties
mutually agree to cooperate fully in the preparation of
the application for a basic grant amount. In such
preparation, the parties will follow the provisions of
Hennepin County Citizen Participation Plan as stated in
County Resolution 78 -11 -1169 -and any subsequent amendments.
` 4. It shall approve CITY'S request for the use of
block grant amounts received pursuant to this
Agreement for local needs which are consistent with the
r Strategy, the Act and Regulations and other relevant
Federal and/or Minnesota statutes or regulations.
CITY and COUNTY agree that COUNTY shall establish
reasonable time schedules for the submission of grant applications
by CITY to COUNTY to insure such timely submission and to
protect the rights and interest of CITY and other cooperating
-communities. COUNTY shall communicate such time schedules
to CITY.
The parties mutually agree to comply with all
applicable requirements of the Act and the Regulations in
the use of basic grant amounts. Nothing in this Article
shall be construed to lessen or abrogate COUNTY'S responsibility
to assume all obligations of an applicant under the Act,
including the development of applications pursuant to 24
CFR 570.300 et.seq.
V. ALLOCATION OF BASIC GRANT AMOUNTS
Basic grant amounts received by the COUNTY under
the Act shall be allocated as follows
A. COUNTY shall retain ten percent (10%) of the
total basic grant amount for purposes of defraying
1k its administrative and other costs in performing services
for CITY and other cooperating communities and for the
conduct of such eligible community development activities
as the COUNTY may be authorized by state law to perform.
B. The balance of the basic grant amount shall
be allocated by COUNTY to CITY and other cooperating
communities in accordance with the following formula
for the purpose of allowing the cooperating communities'
to plan for the application. This amount is only an
estimate and is not guaranteed by the COUNTY.
The CITY and each cooperating community shall be
eligible to receive an amount which bears the same
ratio to the balance of the basic grant amount as
the average of the ratios between:
1. The population of CITY and the population of
all cooperating communities.
2. The extent of poverty in CITY and the extent
of poverty in all cooperating communities.
3. The extent of housing overcrowded by units
in CITY and the extent of housing overcrowded by
units in all cooperating communities.
4. In determining the average of the above ratios,
the ratio involving the extent of poverty shall be
counted twice.
It is the intent of this paragraph that said
planning allocation utilize the same basic elements for
allocation of funds as are set forth in 24 CFR 507.102(b).
The COUNTY shall develop these ratios based upon data to be
furnished by HUD. The COUNTY assumes no duty to gather such
data independently and assumes no liability for any errors
in the data furnished by HUD.
In the event that CITY does not apply for or
cannot qualify for a community development block grant,
• COUNTY may re- allocate the expected grant amount for planning
purposes to all other cooperating communities within the
same Planning Area pursuant to the provisions of this Article
by excluding CITY from such calculation. r.
- If the COUNTY is informed in writing by the Department
of Housing and Urban Development that the distribution of
r
funds does not comply with Title I of the Housing and
Community Development Act of 1974, the COUNTY shall develop
and implement a different distribution. No such action
shall be taken, however, until and unless the proposed
different distribution shall have been presented for review
and comment by the cooperating communities.
VI. SPECIAL PROVISIONS
Nothing in this Agreement shall be construed to
prevent or otherwise modify or abrogate the right of CITY or
COUNTY to submit individual applications for discretionary
funds in the event COUNTY does not receive designation as an
urban county under the act.
CITY and COUNTY mutually agree to indemnify and
hold harmless each other from any claims, losses, costs,
expenses or damages resulting from the acts or omissions of
their respective officers, agents and employees relating to
activities conducted by either under this Agreement, the Act
or the regulations.
In the event there is a revision of the Act and /or
Regulations which would make this Agreement out of compliance
with the Act and /or Regulations, both parties will review
this Agreement and renegotiate those items necessary to
bring the agreement into compliance.
Both parties understand and agree that the refusal
to renegotiate this Agreement will result in the effective
termination of the Agreement as of the date it is no longer
in compliance with the Act and /or Regulations.
VII. FINANCIAL MATTERS
Reimbursement to the CITY for expenditures from
-implementation of activities funded under the Act shall be
made upon receipt by the COUNTY of Summary of Project
Disbursement form, Hennepin County Warrant Request, and
supporting documentation.
r
All funds received by the COUNTY under the Act as
reimbursement for payment to the CITY for expenditure of
local funds for activities funded under the Act shall be
deposited in the County Treasury.
CITY and COUNTY shall maintain financial and other
records and accounts in accordance with requirements of the
Act and Regulations. Such records and accounts will he in
i
such form as to permit reports required of the COUNTY to be
prepared therefrom and to permit the tracing of grant funds
and program income to final expenditure.
r
CITY and COUNTY agree to make available all records
and accounts with respect to matters covered by this Agreement
at all reasonable times to their respective personnel and
duly authorized federal officials. Such records shall be
retained as provided by law, but in no event for a period of
less than three years from the date of completion of any
activity funded under the Act or less than three years from
the last receipt of program income resulting from activity
implementation. COUNTY shall perform all audits of the
basic grant amount and resulting program income as required
under the Act and Regulations.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by its duly authorized officers and
delivered on its behalf, this day of 1979.
COUNTY OF HENNEPIN, STATE OF MINNESOTA
Upon proper execution, this
agreement will be legally
valid and binding. By:
Chairman of its County Board
Assistant County Attorney And:
Date: Deputy County A&.iinistrator
ATTEST:
APPROVED AS TO EXECUTION: Deputy County Auditor
CITY OF
Assistant County Attorney
Date:
By:
Its
And:
Its
CITY MUST CHECK ONE:
The City is organized pursuant
to:
Plan A Plan B Charter
EXCERPT
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
AUGUST 16, 1979
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
Hal Pierce at 7:39 p.m.
ROLL CALL
Chairman Pierce, Commissioners Malecki, Hawes and Erickson. Also present were
Director of Planning and Inspection Ronald Warren, Superintendent of Engineering
James Noska, Building Official Will Dahn and Planning Assistant Gary Shalleross.
APPROVAL OF MINUTES - Ju 26, 1979
Motion by Commissioner Malecki seconded by Commissioner Erickson to approve the
minutes of the July 26 meeting as submitted. Voting in favor: Chairman Pierce,
Commissioners Hawes, Malecki and Erickson. Voting against: none. The motion
passed.
APPLICATION NO. 79048 (Robert L. Adelmann)
Following the Chairman's explanation, the Secretary introduced the first item of
business, extension of a special use permit for Robert L. Adelmann to expand a
car wash at 6501 Humboldt Avenue North. The Secretary explained that approval of
a special use permit had been granted for the addition of two car wash bays to
the existing car wash and service station on July 24, 1978. He also explained
that car.washes are special uses in the C -2 zone and that under the Zoning
Ordinance, special uses which do not commence construction within one year of
the date of Council approval must apply for an extension. The Secretary pointed
out that the applicant has submitted a letter requesting the extension, citing
financial reasons for the delay. The applicant states in his letter that he
now has a firm arrangement for constructing additional bays and should begin
soon. The Secretary noted that the original approval of the special use permit
was granted on the condition that the construction of the two bays would be
accompanied by a redesignation of parking spaces and the lining of the storm
sewer with cast iron pipe.
Commissioner Erickson asked whether there were any unusual conditions attaching
to the application. The Secretary answered that the plans approved had not been
certified by a registered architect which is required by the City Zoning Ordi-
nance. He stated that the applicant is aware that the plans must be so certi-
fied before building permits will be issued.
CLOSE PUBLIC HEARING
Chairman Pierce inquired whether anyone was present to speak to the application.
There was no public comment. Motion by Commissioner Erickson seconded by-
Commis-sioner Malecki to close the public hearing. Voting in favor: Chairman Pierce,
Commissioners Malecki, Hawes and Erickson. Voting against: none. The motion
passed.
In response to a question from Chairman Pierce regarding parking, the Secretary
explained that the required parking had been increased to 25 stalls as a result
of the addition, based on three spaces per service bay. The Secretary added
that there would be no change in the existing curb cuts.
8 -16 -79 -1-
Commissioner Theis arrived at 7:48 p.m. ,
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79048 (Robert L. Adelmann)
Motion by Commissioner Malecki seconded by Commissioner Erickson to recommend
approval of Application No. 79048, extension of the special use permit approval
granted to Robert Adelmann for construction of two additional car wash bays
at 650,1 Humboldt Avenue North,subject to at least 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 permit is issued to the applicant as operator of the
` J facility and is nontransferable.
3. Approval of the extension of the special use permit is
subject to all of the conditions contained in the approval
of Application No 78044.
Voting in favor: Chairman Pierce, Commissioners - Malecki, Hawes and Erickson.
Voting against: none. Not voting: Commissioner Theis. The motion passed.
APPLICATION NO. 79049 (Darrel Farr Development Corporation)
The next item of business was Application No. 79049 submitted by Darrel Farr -
Development Corporation for reliminary plat approval to convert the Twin Lake
Beach Apartment complex to ondominiums. The Secretary pointed out that the
complex is located - near -the southwest corner of Brooklyn Center, and is bounded
by Robbinsdale on the south, Twin Lake Beach on the west, a single family resi-
dential neighborhood on the north and Highway 100 on the east. The complex
contains 122 apartment units and has no outstanding compliance orders against
it for violations of the City's Housing Maintenance Ordinance. The units range
in size from 730 square feet to 1,330 square feet. The Secretary indicated that
on -site ,parking is provided partly by enclosed parking stalls within the building
and that total parking meets current ordinance requirements of two spaces per unit.
The Secretary explained that the creation of condominiums is to be effected in
accordance with Chapter 515 of the Minnesota Statutes, the Condominium Act.
The Condominium Law, he said, provides for the creation of real property by
means of a 11 Declaration" which, along with "any amendment or amendments thereto,
shall be submitted to the platting authority of the governing municipality for
review. (MS 515.15) The Secretary explained that the contents of the
Declaration are to include a number of items in .accordance with MS 515.11, in-
cluding a description of the land on which the building and improvements are
located, a description of the building and its several apartments, a description
of the common areas and facilities, and various other disclosure information
required by the Act.
The Secretary stated that the opinion of the City Attorney regarding the pro-
visions of MS 515 is that it authorizes and regulates the creation and description
of real property. As such, it falls under the City's established platting
procedure. The Secretary explained that the applicant considers the conversion
process to be a "change in the method of ownership" rather than a description
of property, but has agreed to follow the City's platting process. A memorandum
from the applicant's attorney to the City argues that the Condominium Law speaks
of "review" of the declaration by the local platting authority, but not "approval?
The Secretary countered, however, that the City's position is that approval is
certainly implied in the Condominium Law since a. review process without an
accompanying approval would be meaningless. He also referred to an opinion from
the City Attorney's office which indicates that the City has authority to approve
the division of the property under Chapter 15 of the City`s Ordinances apart from
Chapter 515 of the Minnesota Statutes.
8 -16 -79 -2
The Secretary then reviewed the plat. The preliminary plat contains 122 lots
and one common area. It consists of a set of building plans for the original
construction of the Beach Apartment complex and a survey of the land presently
known as Lot 1, Block 1, Twin Lake Beach Addition. The Secretary added that
the final plat will consist of an as -built survey of the existing land and
buildings as verified by a registered architect and a licensed professional
engineer, or registered land surveyor. The Secretary also stated that the
applicant has filed with the City a "Declaration establishing a plan for apart-
ment ownership" in accordance with the provisions of Chapter MS 515.11. In
addition he said the applicant has agreed to file with the City and to disclose
> Pp 9 Y
to all apartment owners or interested buyers a. statement by a registered architect
as to the structural condition of the buildings and of each unit.
Commissioner Erickson asked whether there have been any other conversions to
condominiums in Brooklyn Center. The Secretary answered that this is the first
such conversion. Commissioner Hawes commented that articles in the Minneapolis
Tribune indicate that conversion to condominiums has put a squeeze on the avail-
able rental units. He asked what the vacancy rate was for Brooklyn Center. The
Secretary nswered that he was not sure of the p recise vacancy rate in Brooklyn
Y P Y
Center, but estimated that it was about 2 with a turnover rate of about 6 %.
Commissioner Hawes questioned whether an ordinance should be adopted to control
this process. The Secretary responded that staff is looking at that question.
He stated that staff has been concerned that units rented during the conversion
process be kept up to the standards of Chapter 12 of the City's Ordinance (the
Housing Maintenance Ordinance) and that the City maintain variety in its housing
stock.
Commissioner Hawes asked whether money had been made available to help in pro-
viding l.ow cost housing. The Secretary answered that the Brooklyn Center HRA,
which consists of the City Council, was created only within the past few years
and that not enough money has been generated by the authorized millage to under-
take HRA projects. He cited other housing programs for low and moderate income
people, among them Section 8 Rent Assistance and MHFA Home Improvements Grant
and Loan Programs.
Commissioner Erickson asked when an ordinance would be ready and what it would
contain. The Secretary explained that staff is looking at the condition of the
units and whether structures could be brought up to present code, although this
was not likely. Commissioner Hawes asked how the conversion to condominiums
would affect the City's tax base. The Secretary answered that each unit is
worth much more as a condominium than when it is assessed as a rental unit and
that even though condominiums could receive a homestead property tax credit,
the net effect would seem to be that the City's taxable value would increase.
Chairman Pierce asked whether disclosure of information about the mechanical
systems in the building as well'as the structural aspects is required under the
Minnesota Law. The Building Official answered that he was checking into this,
that structural review should be comprehensive. He added that he did not see
many problems with The Beach Apartment complex and, therefore, was not too
concerned in this instance. Chairman Pierce asked whether the City would
require the buildings to be brought up to code or whether it could only require
a disclosure of conditions. The Secretary answered that the City could only
require a disclosure.
Commissioner Hawes asked whether there would be any way of regulating conditions
in condominium complexes or would this be left entirely up to a condominium
association. The Secretary answered that the Housing Maintenance Ordinance
would be applied to any rental units as long as the conversion process was
still going on. Responsibility for the units would belong to the residents in
the complex once 60% of the units were sold.
8 -16 -79 -3-
.Commissioner Hawes expressed concern over dealing with an association of 122
owners he asked for a reaction on that prospect. The Secretary stated that, if
necessary, the City could take the Association to court for not upholding the
Housing Maintenance Ordinance during the conversion. The Secretary compared
the Beach complex to The Ponds townhouse project stating that The Ponds has more
units by far to deal with.
Chairman Pierce then called on the applicant to speak. The applicant's attorney,
Mr. James Druck, gave the Commission a brief explanation of the conversion process
which he and Darrel Farr Development Corporation have gone through in other muni-
cipalities. He first stated that the conditions required by the Secretary are
j acceptable to the applicant. He explained that State Law requires a disclosure
of mechanical, electrical and plumbing systems as well as structural conditions
of the building. The market value of condominium units, he said, is two to two
and one -half times as high as their value as apartment units. As to the in
dividual owners of condominium units being insulated from City requirements, he
stated that each unit is liable to meet the City's codes the same as a single
family dwelling. In turn, the managers of complex would be responsible for
executing the maintenance requirements.
Mr. Druck explained that the Condominium Association has the power to assess
apartment owners for improvements just as a City must assess individual homeowners
and he added that the assessments of the Condominium Association actually are
more binding in a Legal sense than the City's assessments. On the one hand,
the City does not have to deal with*122 people over repairs and yet the liability
for making those repairs is split 122 ways.
In response to 'a question from Commissioner Hawes, Mr. Druck stated that the
Homeowner's Association would have to be bonded. Commissioner Hawes asked
whether the normal procedure is for a single lending institution to handle the
financing for the whole project. Mr. Druck answered that while it is not common
for each unit to be financed individually, it is also not likely that one bank
would finance the whole project. He mentioned that National Finance organizations
which are active in the secondary mortgage market are being looked to for fin-
ancing such as the Federal National Mortgage Association:
Commissioner Theis asked what condition would be made for renters who cannot '
move at the time- their unit is sold. Mr. Druck answered that tenants 55 years
of age, or older, would be given up to two years from the time the conversion
process started, and that any existing lease would be honored until its termi-
nation. Commissioner Theis expressed concern for those who did not want to
convert by buying their apartments. Mr. Druck explained that the conversion
procedure set up would give tenants a 60 day notice before they would have to
be out. Mr. Ray Cunningham, also representing the applicant, added that those
over 55 ears of age _have the option of signing a lease for an additional year
Y pt 9 9 Y
after their present lease expires. In response to another question from Commi-
ssioner Theis, Mr. Cunningham stated that he hoped the 60% sales goal would be
reached by next spring Commissioner Hawes asked whether Twin Lake Beach is
considered part of the common area. Mr. Druck answered that everything except
the space within the walls, ceilings and floors of the individual units would
be considered common area_ The Secretary added that the area referred to by
Commissioner Hawes is City property at present.
Commissioner Erickson asked whether Darrel Farr has accomplished any other.
conversions. Mr. Druck answered that he has, citing Strawberry Commons as an
example, which has received commendation by the Metro CounciT. Chairman Pierce
noted that the City has situations where homeowners are a minority for a long
period of tine and can never take control of the complex for their own benefit.
Mr. Druck responded that the proposed project would not leave any land left
8 -16 -79 -4-
undeveloped and that under the bylaws of the Association, Mr. Farr would pay dues
in proportion to his ownership in the complex. The Secretary commented that the
conversion of the apartments to condominiums does not change the zoning of the
units and that the same restrictions would apply concerning home occupations .
and other uses on the property as exist in other R5 complexes.
CLOSE PUBLIC HEARING
Chairman Pierce opened the meeting for a public hearing. Noting that no one was
present to speak on the application, he called for a motion to close the hearing.
Motion by Commissioner Hawes seconded by Commissioner Theis to close the public
hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes
and Erickson. Voting against: none. The motion passed.
Commissioner Erickson then asked how long it would be before an ordinance to
deal with condominium conversion would be adopted. He also questioned whether
the present application should be approved prior to such an ordinance. The
Secretary answered that he did not feel the present application should be
delayed and that it might in fact, be beneficial to, - experience a conversion
before adopting an ordinance to regulate it.
Commissioner Hawes inquired whether berming or screening would be required at
this time since the property is changing hands. The Secretary answered that
he was not aware of a screening requirement not met by the present development.
Commissioner Hawes mentioned screening or berming around the apartment complex
as an example. The Secretary responded that screening is only required when
an apartment complex abuts Rl, R2 or R3 property at other than a street line
and noted that the parking lot is appropriately screened from view. Commissioner
Hawes inquired about any additional landscaping needs. The Secretary answered
that there are no deficiencies from the original plans and added that the bond
held by the City for improvements to the site had been released. The Building
Official added that the last site review he made of the project showed more
plantings on the site than required by the approved plans. Chairman Pierce
asked about smoke detectors. The Building Official explained that smoke de-
tectors would be required in all multiple complexes as of January 1, 1980, and
that Minnesota Law requires one smoke detector in each apartment unit. Chairman
Pierce asked whether common areas would be restricted as to use. The Secretary
cited garage areas as an example of partial restrictions on common area. Com-
missioner Hawes asked whether there was need for more parking on the site. The
Secretary answered that the complex meets the ordinance requirement of two
spaces per unit.
Commissioner Hawes asked whether there would be any restrictions on outside
storage of vehicles such as boats or recreational vehicles. The Building Official
answered that he was not aware of any restrictions. Mr. Druck added that such
uses would be restricted by the Homeowner's Agreement. Commissioner Theis
noted that the Homeowner's Association could change their own covenant to allow
looser standards. He advised that the City not rely on private covenants to
solve problems that may arise in condominium complexes. Mr. Druck responded
that it takes a 75% majority to eliminate a restriction in the bylaws.
In response to a question from Chairman Pierce, the Building Official stated
that if structural deficiencies exist in the common facilities which could
affect public safety, the City would require repairs.
A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 79049 (Darr Farr Development)
Motion by Commissioner Hawes seconded by Commissioner Theis to recommend approval
of Application No. 79049, preliminary plat approval for The Beach Condominium
complex, subject to the following conditions:
8 -16 -79 -5-
1. The final plat is subject to approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of ,
the City's Ordinances.
3. The "Declaration" and other disclosure materials are subject
to the review and approval of the City Attorney prior to
final plat approval.
4. The statement concerning the structural, mechanical,
electrical and plumbing condition of the buildings and each
unit is subject to the approval of the Building'Official.
5. The City's Housing Maintenance Ordinance shall apply to all
buildings and any affected units so long as there are rental
units remaining in the complex.
6. An as -built survey of the property certified by a registered
architect shall be submitted prior to approval of the final
plat.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes and
Erickson. Voting against: none. The motion passed.
Commissioner Theis asked whether the Planning Commission has received a consensus*
on the need for an ordinance to regulate the conversion of apartment complexes
to condominiums in Brooklyn Center. The Secretary stated that staff has had
several discussions on the sub ject although it has nothing to offer in writing
at this time. He stressed the fact that different cities treat the process
differently. Commissioner Hawes asked whether a two family building could be
split and sold as condiminiums. Chairman Pierce stated that it would seem to
be possible if the units were sold separately, but the common ground was un-
divided. The Secretary agreed with that hypothesis. In response to Chairman
e of City policy regarding Pierce, the Secretary stated one purpose y p Y 9 9 condominiums
might be to adopt a policy setting a certain percentage of the housing stock
as rental and to deny conversions which would breach . that desired m
inimun
Commissioner Malecki encouraged the staff and the rest of the Commission to deal
with the question before too many conversions took place.
APPLICATION NO. 79050 (Farmers & Mechanics Savings Bank
The next item of consideration was Application No,. 79050, site and building
plan for a 5,885 square feet walk -in and drive -up banking facility at the
corner of Xerxes Avenue North and Northway Drive. The Secretary pointed out
that the site is bounded on the north by a single family residential neighbor-
hood, on the west by vacant C1A zoned property, on the south by Northway Drive
and the Super Valu Store, and on the east by Xerxes Avenue North. The Secretary
permitted
institutions are a f '
noted that the land is zoned C1A and that f �n P
use in that zone.
The Secretary stated that access to the bank is provided by a curb cut (with
no accompanying median cuts) off Xerxes Avenue North at the northeast corner
of the site, and by two curb cuts Northway Drive. An exit -only cut onto
Northway Drive is proposed for the drive- through teller facility on the west
side of the building. All curb cuts are 30 feet wide with the exception of
the cut at the southwest corner of the site onto Northway Drive. The Secretary
stated that the plan indicates 71 parking stalls on the east,portion of the
site and an additional 30 stalls for employees and overflow parking on the west
portion of the site. This far exceeds the ordinance requirement of one stall
per 200 square feet or about 29 stalls, he said. The Secretary noted that
drivin 9 lanes are 24 feet 9
throw hout with a 16 foot one -way lane leading from
8 -16 -79 -6-
the west parking lot. Setbacks are 35 feet from public right -of -way and 15 feet
from the residential neighborhood to the north. The parking lot setback along
the west property line is 10 feet. The Secretary pointed out on a transparency
that the drive - through teller facility will have six lanes under a 282 foot wide
canopy with a seventh teller lane possible for higher vehicles and an optional
drive -by lane. He noted two handicapped parking stalls are proposed at the
entrance to the bank with an open ramped stall between them.
The Secretary pointed out for the Commission the appropriate berming along
Xerxes Avenue North and Northway Drive to screen parking areas. A 6 foot high
cedar privacy fence will be erected along roughly the entire length of the north
property line in accordance with ordinance requirements. The Secretary in-
dicated that plantings for the site include two and one -half inch Russian Olives
along the north greenstrip with numerous junipers indicated along the north
edge of the site and along the building. Other plantings include Jackmans,
Potentilla, Japanese Lilac, Redtwig Dogwood, Amur Maple, Japanese Spreading
Yew and Golden Mochorange. The Secretary pointed out that the east portion of
the site is to be served by eight light standards. The Secretary pointed out
that drainage on the site is generally towards the southeast. He noted that
there are three catch basins along Northway Drive and that four are planned on
the site to handle run -off.
In response to a question from Commissioner Hawes, the Secretary indicated
that the lights illuminating the site should not shine into neighboring resi-
dential property. Commissioner Hawes suggested that the parking lanes at the
east side of the building should perhaps be one -way in order to direct traffic.
Mr. Steve Haasl, the architect for the project, conceded that confusion is
possible under the present plan and stated that he is willing to alter the park-
ing layout to show one -way stalls. Commissioner Theis asked how much stacking
would be provided in the area of the drive -up tellers. Mr. Haasl estimated
that the drive -up area could accommodate four cars per lane, or 24 cars for six
lanes.
Commissioner Hawes asked whether the facility would be a full service bank.
Harvey iles of Farmers and Mechanics Savings r
Y c ings Bank answered that it would not
be a complete full service bank. He noted that it would only take in appli-
cations for loans and that closings would not take place at the bank.
In a discussion of landscaping, the Secretary stated that the alternatives for
the west portion of the arcel were either to pave it for use as a parking lot
P
P p 9
or to provide a total landscape treatment.
The Commission then discussed drainage on the site and the Superintendent of
Engineering advised that the conditions of approval include a standard utility
maintenance agreement provision. He also stated he did not think 30 foot
driveways were necessary in most cases. Mr. Haasl stated that he had originally
proposed 24 foot curb cuts, but felt the 30 foot width would ease turning
movements. During a further discussion on the width of curb cuts, Mr. Haasl
was encouraged to discuss the matter further with the Superintendent of
Engineering and arrive at an agreement.
Commissioner Hawes asked whether the facility would have an automatic teller.
Mr. Haasl answered that there would be a 24 hour automatic teller operating
from inside the faiility and located at the main entrance.
8-16-79
-7 -
ACTION RECOMME APPROVAL OF APPLICATION NO. 79050 (Far & Mechanics Bank)
Motion by Commissioner Erickson seconded by Commissioner Hawes to recommend
approval of Application No. 79050, site and building plan approval for a 5,885
square foot remote walk -in and drive -up bank facility located at the corner of
Xerxes Avenue North and Northway Drive, subject to the following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits.
2. Grading, drainage 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,extingu-
ishing system to meet NFPA Standard No. 13 and shall be con-
nected to a central monitoring device in accordance with
Chapter 5 of the City Ordinances.
5. All outside trash disposal and /or rooftop mechanical equipment
shall be appropriately screened from view.
6. B -612 curb and gutter shall be provided around all parking and
driving areas.
7. An underground irrigation system shall be provided in all land-
scaped areas to facilitate site maintenance.
8. Plan approval is exclusive of all signery which is subject to
the provisions of Chapter 34 of the City Ordinances.
9. Plan to be modified to show angle, one -way parking before City
Council approval
10. Curb cut widths are subject to final approval by the City Engineer.
11. A standard utility maintenance agreement, approved by the City
Engineer, shall be executed prior to the issuance of permits.
Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Theis and
Erickson. Voting against: none. The motion passed.
RECESS
The Planning Commission recessed at 9:32 p.m. and resumed at 9:49 p.m.
APPLICATION NO. 79051 (Brooklyn Center Industrial Park)
The Secretary introduced the next item of business, a request for a subdivision
of Tract N, R.L.S. No. 1325 into Tracts A and B of a new R.L.S. The Secretary
pointed out that the land in question is located southerly of John Martin Drive,
northwest of Perkins Restaurant, north of the new American Family Insurance
Building, northeast of Northwestern Bell property, southeast of State Farm
Insurance and southwest of LaBelle's. The proposed R.L.S. will create Tract
A. which would be 69,453 square feet and Tract B which would be 59,049 square
feet.
8 -16 -79 -8-
The Secretary noted that Tract B is the site of a Berger Brothers Sporting Goods
Store recently approved by the City Council and Tract A is proposed for use by
a St. Louis Park Medical Clinic. The Secretary stated that a common access
agreement is proposed to serve both developments. He also indicated that a 15
foot utility and drainage easement exists along the southeast side of Tract B
to service the A. F. I. A. property to the south.
There was a brief discussion regarding the drainage and utility easement and a
common driving and access agreement. Chairman Pierce asked whether the appli-
cant had anything to add. Ms. Robin Jacobson,. representing Brooklyn Center
Industrial Park stated that she had nothing to add to the Secretary's presentation.
CLOSE PUBLIC HEARING
Chairman Pierce opened the meeting for a public hearing. When no one spoke to
the application, he called for a motion to close the public hearing. Motion by
Commissioner Erickson, seconded by Commissioner Malecki to close the public
hearing.
Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Theis and
.Erickson. Voting against: none. The motion passed.
Chairman Pierce asked the Superintendent of Engineering if everything was in
order for the R. L. S. The Superintendent of Engineering responded favorably.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79051 (Brooklyn Center Industrial
P ark)
Motion by Commissioner Malecki seconded by Commissioner Theis to recommend
approval of Application No. 79051, preliminary approval of an R.L.S. to divide
Tract N of R.L.S. No. 1325 into Tracts A and B of a new R.L.S., subject to the
following conditions:
1. The final R.L.S. is subject to review by the City Engineer.
2. The final R.L.S. is subject to the requirements of Chapter 15
of the City Ordinances.
3. Joint access, common driving and maintenance agreements between
the owners of Tracts A and B as approved by the City Engineer
shall be filed with the title to the property.
4. A 15' drainage and utility easement along the southeast property
line for use by the property at 5901 John Martin Drive shall be
filed with the title to the property.
Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes and
Erickson. Voting against: none. The motion passed.
8 -16 -79 -9-
ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT 79-
Motion by Commissioner Malecki seconded by Commissioner Theis to recommend
adoption of an ordinance amending Section 34 -140 3 C (3) regarding freestanding
identification signs in the R -3 through R -7 zoning districts.
CITY OF BROOKLYN CENTER
ORDINANCE NO. 79-
AN ORDINANCE AMENDING CHAPTER 34 REGARDING FREESTANDING SIGNS
FOR R3 THROUGH R7 DISTRICTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn
Center is hereby amended to read as follows:
Section 34 -140 3C (3). "Cluster developments or complexes in R3
through R7 districts involving three or more buildings and not less than 36
dwelling units [may have one freestanding identification sign with a maximum
area of 36 square feet at each major entrance to said development or complex,
not to exceed a total of two signs. Such sign(s) shall not extend more than
ten feet above ground level.] shall be entitled to one of the following options
at each major entrance, not to exceed a total of two entrances:
(1) One freestanding sign no greater than 36 square feet
in area and extending not more than 10 feet above
ground level
(2)' Two identical freestanding signs located at opposite
sides of the entrance each not greater than 18 square
feet in area and each not more than 5 feet above ground
level
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 1979.
Mayor
ATTEST
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter)
CITY OF BROOKLYN CENTER
ORDINANCE NO. 79-
AN ORDINANCE AMENDING CHAPTER 34,REGARDING FREESTANDING SIGNS
FOR R3 THROUGH R7 DISTRICTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn
Center is hereby amended to read as follows:
Section 34 -140 3C (3). "Cluster developments or complexes in R3
through R7 districts involving three or more buildings and not less than 36
dwelling units [may have one freestanding identification sign with a maximum
area of 36 square feet at each major entrance to said development or complex,
not to exceed a total of two signs. Such sign(s) shall not extend more than
ten feet above ground level.] shall be entitled to one of the following options
at each major entrance, not to exceed a total of two entrances:
(1) One freestanding sign no greater than 36 square feet
in area and extending not more than 10 feet above
ground level
(2) Two identical freestanding signs located at opposite
sides of the entrance each not greater than 18 square
feet in area and each not more than 5 feet above ground
eves.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of 1979.
Mayor
ATTEST
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter).
M & C No. 79 -21
August 24, 1979
FROM THE OFFICE
OF THE CITY MANAGER
CITY OF BROOKLYN CENTER
Subject: Nuisance Abatement at Howe Fertilizer.
and Explosives Permit
To the Honorable Mayor and City Council:
Attached please find a copy of an ordinance prepared by the City Attorney, at the
Council's direction, requiring the abatement and discontinuance of the manufacture
of chemical fertilizer in industrial areas. The ordinance is offered this evening
for a first reading. At its second reading I will be submitting, in conjunction
with the second reading, the recommended wording of an explosive permit for Howe
Fertilizer. This will allow you to consider the two related actions and allow for
final approval of them at one meeting.
With regard to the ordinance proposed for the abatement and discontinuance, I
believe the information contained in the ordinance is self - explanatory. I am sub -
mitting for your information copy of my original report recommending this ordinance.
Re c ull ub #te
f`
'Gerald- G plinter
City Man er
CITY OF BROOKLYN CENTER
GGS:dkw
encs.
I
CITY OF BROOKLYN CENTER
1 ORDINANCE NO.
AN ORDINANCE REQUIRING THE ABATEMENT AND DISCONTINUANCE
OF THE MANUFACTURE OF CHEMICAL FERTILIZERS IN INDUSTRIAL
AREAS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Findings:
1. The City Council finds that the manufacture of chemical
fertilizers has been prohibited in industrial zones within the City,
including the industrial zone occupied by the Howe, Inc. Fertilizer
Plant since November 5, 1957;
2. The City Council finds that Howe, Inc. continues to manu-
facture such chemical fertilizers under presently existing Nonconforming
- Use provisions of the Brooklyn Center Zoning Ordinance;
3. The City Council finds that such manufacture of chemical
fertilizers at the site occupied by Howe, Inc. substantially deprives adjacent
residential property owners of the use and enjoyment of their property as
evidenced by numerous studies conducted by state and local government,
voluminous testimony at public meetings, and by the personal investigation of
city staff members and City Council members;
4. The City Council finds that the Brooklyn Center Comprehensive
Plan was adopted on the 7th day of November, 1966 and the said Comprehensive
Plan recommends the relocation of the Howe, Inc. Fertilizer Plant as a goal
of community development because of its incompatibility with surrounding
residential neighborhoods;
5. The City Council finds that a period of 25 years is a
sufficient time for Howe, Inc. to amortize its investment in that portion of
its plant and equipment used for the manufacture of chemical fertilizers.
Section 2. Section 35 -111 of the Zoning Ordinance of the City of
Brooklyn Center is amended by the addition of the following:
7. The foregoing Nonconforming Use provisions notwithstanding,
the manufacture of chemical fertilizer within the I -2 Zoning District, and
upon the site of the Howe, Inc. Fertilizer Plant located at 4821 Xerxes Avenu
North and legally described on Exhibit A attached hereto and made a part hereof
by reference, shall be abated and di on or before November 5, 1982,
provided however, that any such manufacture of chemical fertilizers which
constitutes a nuisance under the Common Law, under Minnesota Statutes 561.01,
or under Section 19..101 of Brooklyn Center ordinances shall be immediately
abated and discontinued.
ORDINANCE N0.
Section 3. This ordinance shall become effective after adoption
and upon thirty (30) days following its legal publication.
Adopted this day of , 1979.
Mayor
ATTEST
Clerk
Date of Publication
Effective Date
(Underline indicates new matter.)
(Legal Description for Howe, Inc.)
Beginning at a point in east line of Section 10,
distant 56 feet south from its intersection with
southeasterly extension of southwesterly line of
Lots 1 to 16 inclusive Block 4 Brooklyn Manor
thence north 274 feet thence westerly to a point
in east line of Lot 1 said block distant 206.4
feet north from southeast corner thereof thence
northwesterly to a point in east line of Lot 2
distant 165.2 feet south from northeast corner
thereof thence north to northeast corner thereof
thence westerly to northwest corner of Lot 5
thence southerly to southwest corner thereof
thence southwesterly at right angles to said
southwesterly line of Lots 1 to 16 inclusive
distant 120.65 feet thence southeasterly at
right angles 64.53 feet thence southwesterly
at right angles 1.5 feet thence southeasterly
at right angles 75.8 feet thence northeasterly
at right angles 1.5 feet thence southeasterly
at right angles distant 277.69 feet thence north-
easterly distant 151.3 feet the point of beginning,
except highway. Block 4, Brooklyn Manor, Village
of Brooklyn Center, Hennepin County, Minnesota.
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 reqularly 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 way 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 `; I received copies of reports confirming a phone conversation
with Mr. Grotbeck c• , 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 airborne 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 a right, under Minnesota Statutes,
to maintain a private action for nuisance. These private claims of citizens could be
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
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
had ample opportunity to review that report. Howe, Inc. presented criticism and the
Council was provided an answer of that criticism. 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 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 /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 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 of 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, Inc. 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. l 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 $5,000 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 -4 -, 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 still needed
for furtner 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., use i n conjunction
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
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 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 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 prevention 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,
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
wel.i as others, the need for the explosive in the 'operation of Lhe Howe tacility
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
bagi 's�adjacent to residential areas and heavily traveled thoroughfares. We do not
censder this to be acceptable on a long term .basis.
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.
A l Splinter
er
CITY OF BROOKLYN CENTER
encs.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION SUPPORTING THE DEVELOPMENT OF A CAA FOR
SUBURBAN AND RURAL HENNEPIN COUNTY
WHEREAS, the question of whether there is a need for a CAA to
serve suburban and rural Hennepin County, and what organizational form
is most appropriate if a CAA should be established, has been under study
for the past year; and
WHEREAS, this review has indicated that the County's lower income
citizens will benefit from the establishment of a CAA that can build on
and complement the activities of the existing Human Services Council; and
WHEREAS, a task force representing the three Human Services Councils
has developed an organizational model designated the "Linkage Model ", which
will enable a CAA to be organized while retaining the Human Services Councils
and making the fullest use of their existing planning, management and service
capabilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Brooklyn Center does hereby urge the Hennepin County Board of Commissioners
to accept the recommendations of the task force and establish a CAA for
suburban and rural Hennepin County based on the "Linkage Model" and to
designate the present task force as the interim board to:
1. Write the Bylaws
2. Organize the new Board
3. Apply for CSP funding.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded
by member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
`" t
4 norinwest hennepin human services council
6820E shingle creek parkway, brooklyn center, mn 55130 • (612) 560 -1930
August 27, 1979
To Whom It May Concern
The Northwest Hennepin Human Services Council is writing in support of
the Detached Worker Program at the Northwest YMCA in New Hope. We
understand that the program has applied for Youth Intervention funding
to partially support the program in the city of Brooklyn Center.
The Human Services Council has been involved with youth concerns for
the past five years, and has been working with youth providers to
better meet the needs of youth in our communities. The Detached Worker
Program has been an integral part of the network of youth services
in the community. In discussing the needs of youth with representatives
of the cities where detached workers are assigned, we have been made
aware that there is a high priority on providing services to youth with
special problems, and that they view the Detached Worker Program as an
effective complement to the youth work done by the schools and the
juvenile police officers.
Our Director has spoken favorably to us about the Detached Worker Program,
saying that these persons are truly "outreach" workers, with a visible
presence in the places where youth are -- mainly in the schools and on
the streets. Because they are not identified with either system (school
or police) they are in a unique position to both intervene and help
prevent youth crisis incidents.
The Council urges you to assist in the continuation and support of the
Detached Worker Program in the northwest area.
Yours ruly,
ohn T. Irving, Chairman Lawrence L. Bushnell, Chairman
Board of Directors Advisory Commission
It
K northwest hennopin human services council
6820E shingle creek parkway brooklyn center, mn 55130 • ( 612) 560 -1430
4
August 8, 1979_
To Whom It May'Concern:
I am writing in support of the Detached Worker Program at the Northwest
YMCA in New Hope. I understand that the program has applied for Youth
Intervention funding to partially support the program in two cities of
the northwest Hennepin planning area.
The Human Services Council has been involved with youth concerns for the
past five years, and has been working with youth providers to better
meet the needs of youth in our communities. The Detached Worker Program
has been an integral part of the network of youth services, linking the
efforts of the schools with the efforts of youth services in the
community. In discussing the needs of youth with representatives of
the cities where detached workers are assigned, I have been made aware
that there is a high priority on providing services to youth with special
problems, and that they view the Detached Worker Program as an effective
complement to the youth work done by the schools and the juvenile
police officers.
There are two things that impress me personally very much about the
Detached Worker Program. First, is the fact that they are truly
"outreach" workers, with a visible presence in the places where youth
are -- namely in schools and on the streets. Because they are not
identified with either system (school or police) they are in a unique
position to both intevene and help prevent youth crisis incidents.
Secondly, I am impressed with the professional quality of the workers
themselves, and the training and supervision they receive as part
of the program.
I urge you to assist, to the full extent that you can, in the continuation
and support of the Detached Worker Program in the northwest area.
Sincerely,
Eileen Moran
Executive Director
It
DEANA. NYOVIST ""'• =' �, C.ITY IfALC
Mayor —~ — — n _ i7
Res: 533 0774 .G— MI Shingle Creek Parkway
Bus: 5667420 Brooklyn Center, t.'.N 554-;)o
Telephone 612,5,61.5440
CITY OF BROOKLYN CENTER ,t
OFFICE OF THE MAYOR
August 16, 1973
'Dear Frankie,
I would like to take the opportunity to convey to
You soiree observations and impressions regarding the `
Detached i•lorker Program.
I have had the opportunity to view the program from
two perspectives. One perspoctive is from the Ymc&'1
at the time of being a member of the board of the
YMCA and more recently as Aia of Brooklyn Center.
I can indicate that from bot_' perspectives I consider
the program. very excellent and a very helpful one.
Those wor'king in the program are able to reach some
of the kids and families who have been unreachable under
conventional programs. -The deinstitutionalizing of
-the program has made it possible to establish a greater
degree of trust and identification.
I recognize that a program is no better than the people
who are responsible to operate the program. One �f
the reasons the program works so well in Brooklyn '
Center is because o±= the Detached Workers assigned to
the program. Jan Daniels and Greg Brooks in my opinion
have an excellent "feel" for the program and a tremen-
dous concern and understanding of people and their
problems. iF
Thanks for making the ro rami
P . g possible. j t;
Si derely, /
i ,..
(NOT PRINTED A'1` GOVERNMENT EXPENSE)
t ... e`., r...... r. .. w • u .aa...w•e.r...wi.n.a.4r.. e w +... .. .........r. ..... .. .. •.e r •...ew .:A.. ....Jw...... r.�J.aw.n w.aww.. w�j • «�•
i
INDIPINDINT SCHOOL DISTRICT NO 279
�r DR. LE ROY V. NORSTED
SUPERINTENDENT OF SCHOOLS
6.
NORTH VIEW JUNIOR HIGH SCHOOL Brooklyn Park, Minnesota 66429
5869 69th Ave. North Phone: 612 - 566 -6220
August 24, 1979
TO WHOM IT MAY CONCERN:
Jan Daniels and Greg Brooks have worked at North View Junior High
in the YMCA Detatched Worker program. They have been very helpful
to students and families in our Brooklyn Center attendance area.
I feel very positive about the program and hope that you will con -
tinue to fund this program.
Gayland Halter, Principal
cc- F. Francel
DATE: 8/23/79
TO Whom It May Concern
FROM: Wayne T. Melby, Assistant Principal, Osseo Public Schools
RE . Detached Worker Program
I wish to convey some strong feelings I have in regard
to the "Detached Worker" program. During recent years, I
have had the opportunity to work closely with Ms. Jan Daniels,
Detached Worker, and have been favorably impressed with her
effectiveness.
The benefits of such a program to schools are numerous.
We have made a number of truancy and incorrigibility
rals to Ms. Daniels and have been extremely pleased with the
outcomes. Close contact with the school, home situation,
police department and other social agencies enables her to
work in a unique situation with students. We find this par-
.
ticularly helpful in crisis types of cases. The immediate
response and thorough follow -up have redirected a number of
students to a more productive experience in school. In many
instances, our referrals to in- school resources have been ex-
hausted and the "Detached Worker" program then becomes a
viable alternative in dealing with the student.
I highly endorse continuance of this program and assure
you that many school support staff share similar feelings.
Should you have questions, I would be more than willing to
further communicate on this program's behalf.
cc: Mr. Hersch, Principal
Jan Daniels, Detached Worker
�N INDIPINDI CT NO* 270
DR. LE ROY V. NORSTED
SUPERINTENDENT OF SCHOOLS
PARK CENTER HIGH SCHOOL Brooklyn Park, Minnesota 55443
7300 Brooklyn Boulevard Phone: 612-566-6700
May 4, 1977
Mrs. Jan Daniels
7E01 42nd Avenue No.
New Hope, iRl 55427
Dear Jan
I just finished reading your Quarterly Report. It came to my mind that
you have been a part of my workings with the Osseo Schools for a num-
ber of years. I would guess four but can't put my finger on the exact
time. During that time I have been aware of the many contacts you have
made and the tremendous amount of time you spend working with kids. I
am also keenly aware of how that job often times pays limited dividends.
For sure it pays dividends in abundance on individual kids, but the
overall "kick in the head" seems to hurt much more than the rewards.
One reward I find gratifying is to have someone say that they feel you
have done a nice job, or a good job, and on rare occasions (it has never
happened to me), a super job.
People in our jobs are constantly reminded of our`not so successful contacts
that continue to slip.
I am asking you, as you read this, to take pride in the fact that you have
done a super job
I hope that I can tap that source of energy you have and continue to look
to people like yourself for inspiration when the going gets tough.
Have a nice summer --
Your used to be secret admirer,
Dean LaFrenz
Assistant Principal
DL /mk ,
cc; Don Poss, City Manager, Brooklyn Center
NORTHWEST BRANCH YMCA. OF METROPOLITAN MINNIEAPOLIS
DETACHED dORM HU!M INTEREST STONY
Stacy was referred to as over school and family related problems by her
high school counselor. I invited Stacy to participate in a Family Skills
Seminar which 1-facilitated during summer session at her school. After a
few sessions it became apparent that Stacy maintained a negative self - concept
and poor.relationship with her mother. There was also some evidence of a
drug problem. One parent was required to participate in three of the
planned sessions in order for their child to obtain credit for the Seminar.
Through confrontation, detailed discussions, and a family contract between
Stacy and her mother, both family members began needed work on their rela-
tionship.
But one Thursday evening Stacy became the focus of a family crisis. She
called me at home and described what had happened and then asked what she thought
j E could do for her. She said things were so heavy she was afraid to go home
and asked if I would take her to the Bridge (home for runaways). I had once
talked about The Bridge, its objectives, requirements, etc. at the seminar.
After discussint the other alternatives available to Stacy, we mutually
agreed that The Bridge might be the proper place to deal with her problem.
I once again reinforced the objectives of The Bridge and asked Stacy if she
could commit to working at this type counseling program. I then picked Stacy
up at the Brookdals Shopping Center. Within an hour she was safe at the
Bridge. Stacy participated in various counseling sessions over the weekend.
The following Monday her entire family met with me and two of the
Bridge counselors. After ten days of hard work, Stacy is now at home awaiting
entrance to a drug treatment program. Her family is also presently involved
in two on-going counseling programs.
PI
JOINT AND COOPERATIVE AGREEMENT
NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION
The parties to this agreement are governmental units of the State of
Minnesota. This agreement is made pursuant to Minn. Stat. §471.59.
. I. PURPOSE
The general purpose of this agreement is to establish an organization
to jointly and cooperatively study, prepare and recommend for enactment a model
cable communications franchise ordinance to its members, analyze applications
for that franchise, identify and recommend one applicant to be granted that
franchise by its members, and administer and enforce a single cable communications
franchise in member cities in the Northwest Suburbs of Hennepin County, Minnesota.
II. NAME
The organization created by this agreement shall be known as the
"Northwest Suburbs Cable Communications Commission."
III. DEFINITIONS
For purposes of this agreement, the terms defined in this article
shall have the meanings given to them.
Section 1. "Associate member" means a governmental unit, in the State
of Minnesota which has entered into this agreement and is, at the time involved,
a party in good standing.
Section 2. "Board" means the Board of Directors of the Northwest
Suburbs Cable Communications Commission, consisting of two directors from each
city which is a member of the Commission.
Section 3. "Commission" the organization created pursuant to
this agreement.
I
l
Section "
c 4. Member means a city which enters into this agreement and
is, at the time involved, a member in good standing.
Section 5. Definitions of other words, terms and phrases contained in -
the rules of the Minnesota Cable Communications Board are incorporated herein as
though fully set forth.
IV. MEMBERS
The cities eligible to enter this agreement are the following
Minnesota cities: Brooklyn Center, Brooklyn Park, Crystal, Golden Valley,
Medicine Lake, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale.
V. ASSOCIATE MEMBERS
Section 1. Other governmental units which desire to follow the activities
i
of the Commission, participate in the franchising process, and receive and
contribute information about the development of a cable communications system,
for the purpose of coordinating intergovernmental relationships, may affiliate
.with the Commission as "associate members."
Section 2. A governmental unit desiring to become an associate may do
so in the manner applicable to becoming a member, except as otherwise provided
in this article.
Section 3. The Commission may reject an application for associate
membership by a governmental unit.
Section 4. An associate may appoint a director and an alternative
director to the Commission, but that 'director or alternate shall not have voting
power, shall not be eligibile to serve as an officer and shall not be counted
for quorum purposes.
Section 5. The Commission may establish the charges to be paid by
associate members and for that ur ose i f
p p t may classify associates in accordance
-2-
with their varying circumstances.
Section 6. An associate may discontinue its association with the
Commission at any time by giving written notice of withdrawal to the secretary
of the Commission. Withdrawal shall not relieve that withdrawing associate from
its obligations to pay any charges which it has incurred up to the time of
withdrawal.
VI. BOARD OF DIRECTORS
Section 1. In order to carry out the purposes of this agreement, the
parties shall appoint a Cable Communications Commission which shall be representative
of all the members. The governing body of the Commission shall be its Board of
Directors. Each member shall be entitled to two directors, each of whom shall
have one vote. The city council of each member shall appoint its two directors,
at least one of whom shall be either a member of that council or an administrator
or staff member of that city. The council of each member shall fill any vacancy
in the directors appointed or to be appointed by it. Directors shall serve
without compensation from the Commission, but this shall not prevent a member
from compensating its directors if compensation is authorized by that member and
by law.
Section 2. There shall be no voting by proxy, but all votes must be
cast in person at Commission meetings by the director.
Section 3. Each director of the Commission shall serve for a term of
two years. All terms shall begin as of -the date of the execution of this agreement.
When the council of a member appoints the first two directors, it shall give
notice of their appointments to the City Manager of the City of Crystal. Notice
of the successor director'shall be given to the secretary of the Board. Such
notice shall include the name and mailing address of the appointee, whose name
-3-
and address shall be deemed to be the official name and address of the appointee
for the purpose of giving any notice required hereunder.
Section 4. There shall be an Executive Committee which shall consist
of the four officers and one other director elected by the Board of Directors.
To the extent determined by the Board, the Executive Committee shall have the
authority of the Board in the management of the business of the Commission. The
Executive Committee shall act only in the interval between meetings of the Board
and at all times is subject to the control and direction of the Board. The
Executive Committee shall meet at the call of the President or upon the call of
any other two members of the Executive Committee. The date and place of the
meeting shall be fixed by the person calling it. At least forty-eight (48)
hours advance written notice of that meeting shall be given to all members of
the Executive Committee by the person calling that meeting; however, notice may_
be waived by any or all members who actually attend the meeting or who give
written waiver of such notice for a specified meeting.
Section S. A majority of the number of directors appointed at any one
time shall constitute a quorum of the Board, and a majority of those appointed
shall constitute a quorum for a meeting of the Executive Committee. No business
shall be done unless voted for by a majority of the whole Board at a Board of
Directors meeting, or of the whole Executive Committee at its meeting, except
that in both instances less than a majority may adjourn.
Section o. A director shall not be eligible to vote on behalf of his
or her city during the time that it is in default on any contribution or payment
to the Commission. During the existence of such default, the vote or votes of
such member shall not be counted for the purposes of this agreement.
-4-
VII. OFFICERS
Section 1. The officers of the Commission shall consist of a President,
a Vice President, a Treasurer, and a Secretary all of whom shall be elected at
the first meeting of the Commission and at the annual meeting of the Commission
held in June of each year. New officers shall take office at the adjournment of
the annual meeting of the Commission at which they are elected.
Section 2. A suspected vacancy or chronic non - attendance shall be
reported to the appointing municipality for action in replacing its appointee.
Section 3. The President shall preside at all meetings of the Commission.
The Vice President shall act as President in the absence of the President.
Section 4. The Secretary shall be responsible for keeping a record of
all of the proceedings of the Commission and giving notice of meetings.
Section 5. The Treasurer shall have custody of the Commission's
funds, pay its bills, keep its financial records and generally conduct its
financial affairs. The Treasurer shall have the right to appoint a Deputy
Treasurer. All checks drawn upon the Commission's bank account shall require
the signatures of the Treasurer or Deputy Treasurer and the President or Vice
President. The Commission's financial books and records shall be audited on or
before June 1 of each year, or at such other time as the Commission may direct,
by an independent auditor designated and approved by the Board of Directors..
VIII. MEETINGS
Section 1. A member entering into this agreement shall do so by the
duly authorized execution of a copy of this agreement by its proper officer.
Thereafter, the Clerk of other appropriate officer of that member shall file a
duly executed copy >of this agreement, together with a certified copy of the
authorizing resolution. and its initial dues payment required by Paragraph X,
-5-
I
with the City Manager of the City of Crystal. The resolution authorizing execution
of the agreement shall also designate the first two (2) directors from that
`member. This agreement shall become effective when (a) it has been authorized
by eight (8) of the ten (10) eligible cities, (b) all appropriate documents have
been filed as provided above, and (c) the initial dues of all members have been
paid. Within thirty (30) days after the effective date of this agreement, the
City Manager of the City of Crystal shall call the first meeting of the Commission
which. shall be held no later than fifteen (15) days thereafter.
Section 2. At the first meeting, or as soon thereafter as it reasonably
may be done, the Commission shall adopt by -laws governing its procedures, including
the time, place and frequency of its regular meetings. The by -laws may be
amended from time to time by a majority vote of the Commission.
Section 3. Special meetings of the Commission may be called (a) by'
the President or (b) by the Secretary upon the written request of a majority of
the directors. Five (5) days' written notice of special meetings shall be given
to the directors, including subject matter of the special meeting.
Section 4. Notice of meetings of the Commission shall be given to the
directors by the Secretary at least five (5) days in advance and,when feasible,
the agenda for such meetings shall accompany the notice. However, business at
regular meetings of the Commission need not be limited to matters set forth in
the agenda.
IX. POWERS, RIGHTS AND DUTIES OF COMMISSION
Powers and duties of the Commission shall include the powers set forth
in this Article.
Section 1. It shall prepare and recommend for enactment by its members
a single, model cable communications franchise ordinance.
Section 2. It shall prepare and recommend for adoption by its members
a single, model Invitation for Applications for a Cable Communications Franchise.
Section 3. It shall evaluate all franchise applications received by
its members and shall submit to its members a report classifying, comparing and
interpreting information supplied by the applicants. Upon a two- thirds affirmative
vote of the Board of Directors, it shall identify and recommend one applicant to
be awarded a cable communications franchise by its members.
Section 4. It shall act or cause others to act at their discretion in
any canner regarding the study of cable communications, the preparation of a
f'ra ordinance and other documents required by its members, the evaluation
of applications received by its members, and the administration and enforcement
of a cable communications franchise.
Section S. It may investigate the operation of cable communications
systems in other cities in Minnesota or elsewhere, and the expenses of traveling'
and subsistence of directors in making any such investigations shall be borne by
the Commission.
Section 6. It may enter into any contracts deemed necessary by the
Commission to carry out its powers and duties, subject to the provisions of this
agreement. It may appoint advisory bodies to make recommendations to it on
cable communications.
Section 7. It may accept gifts, apply for and use grants and may
enter into agreements required in connection therewith and it may hold, use and
dispose of money or property received as a gift or grant in accordance with the
terms thereof.
Section 8. It may submit written comments on rules, regulations or
legislation regarding cable communications proposed by or before the 'Federal
Communications Commission, Minnesota Cable Communications Board, or the Minnesota
-7-
Legislature or it may direct its representatives to appear and testify on cable
communications before these governmental bodies.
Section 9. It shall take such action as it deems necessary and
appropriate to accomplish the neral purposes of the Commission and it may
g P P
exercise any other power necessary and incidental to the implementation of its
powers and duties.
Section 10. It shall administer and enforce the franchise or franchises
granted by the members to this agreement and shall prepare and recommend for
enactment by its members amendments to this agreement which will facilitate the
administration and enforcement of the franchise.
X. FINANCIAL MATTERS
Section 1. For the calendar year 1979, the financial contributions of
the parties in support of the Commission shall be as follows: a member having a
population of less than 500 persons shall contribute $500; a member having a
population between 501 and 3,000 persons shall contribute $1,000; and a member
having a population in excess of 3,000 persons shall contribute $2,500. For
purposes of this section, a member's population shall be established by reference
to the Metropolitan Council's most recent Social and Demographic Report It
is acknowledged that the contributions in 1973 by the member cities of Crystal,
Golden Valley, New Hope and Robbinsdale are in satisfaction of their obligations
under this section for the year 1979. Contributions or dues for the year 1980
and subsequent years shall be established in relation to the population of each
member and shall be sufficient to satisfy the final budget of the Commission.
Contributions shall be assessed at the Commission's annual meeting and shall be
paid by members by February 15 of the following year.
Section 2. A proposed budget for the ensuing calendar year shall be
formulated by the Commission on or before April 15 of each year. The Commission
-8-
may revise its budget in response to or as a result of a notice from any party
that it proposes to withdraw from the Commission. The final action adopting a
budget for the ensuing calendar year shall be made by the Commission at its
annual meeting in June of each year.
Section 3. The Commission shall expend whatever sums it deems necessary
in its efforts on behalf of its members. Surplus funds shall be returned to its
members in the same proportion as their contributions. Provisions of Minnesota
statutes which govern the expenditure of funds by statutory cities, shall apply
to the Commission.
XI. WITHDRAWAL
Section 1. Any member may at any time give written notice of withdrawal
from the Commission. The nonpayment of charges and the refusal or declination
of any member to be bound by any obligation to the Commission shall also constitute
notice of withdrawal.
(a) Actual withdrawal shall not take effect for a period of one
(1) year from the date of such notification.
(b) Upon effective withdrawal the member shall continue to be
responsible for all of its prorated share of any unapid obligations and for any
contractual obligations it has separately incurred with the Commission.
Section Z. A member withdrawing from membership at a time when such
withdrawal does not result in dissolution of the Commission shall forfeit its
claim to any assets of the organization except that it shall have access, at a
reasonable cost and under such conditions as the Commission may determine, to
any cable communications programs, files or other materials developed for its
use while it was a member,
XII. DISSOLUTION
Section 1. The organization shall be dissolved whenever (a) a sufficient
—9-
number of members withdraws from the organization to reduce the total number of
contiguous members to less than four (4) or (b) by two - thirds vote of all members
of the Board present voting at that meeting.
Section 2. In the event of dissolution the Commission shall determine
the measures necessary to effect the dissolution and shall provide for the
taking of such measures as promptly as circumstances permit and subject to the
provisions of this agreement.
Section 3. Upon dissolution the remaining assets of the Commission,
after payment of all obligations, shall be distributed among the then existing
members in proportion to their contributions, as determined by the Commission,
provided that cable communications programs, files or other materials prepared
for members shall be available to them subject to such reasonable rules and
regulations as the Commission shall determine.
Section 4. In the event of dissolution, the following provisions
shall govern the distribution of cable communications programs, files or other
materials owned by the Commission:
(a) All such material shall be an asset of the Commission.
(b) A member or former member may use (but may not authorize
reuse by others) any materials developed during its membership upon (1) paying
any unpaid sums due the Commission, (2) paying the costs of taking such materials,
and (3) complying with reasonable rules and regulations of the Commission relating
to the taking and use of such materials. Such rules and regulations may include
a reasonable time within which such materials must be taken or returned by any
member or former member desiring to do so.
XIII. DURATION
This agreement shall continue in effect until the regular annual
meeting of the Commission in June, 1979, and thereafter from year to year, or
-10-
until termination in accordance with the terms of this agreement.
IN WITNESS WHEREOF, the undersigned governmental unit has caused this
agreement to be signed and delivered on its behalf.
EXECUTED as of 1979.
CITY OF
By
Its
By
Its
(SEAL)
-11-
PARK DEVELOPMENT
.BONDING PROPOSAL
August, 1979
NEIGHBORHOOD PARKS $911,105.00
Deduct:
A. Hockey rink -West Palmer 12,000.00
Lighting - Tennis -6 neighborhood parks 39,000.00
Lighting -walks nad apparatus 68,500.00
Riverdale Shelter Bldg. 25,000.00
Freeway Shelter Bldg. 25,000.00
Wading Pool remodeling
2 @ 6,000.00 12,000.00
Utilities, restrooms at Northport
Picnic Shelter 12
B. Maximum Comm. Dev. Funds $385,000.00
Total Deduct 578,000.00
Balance 332
Ad =d:
A. Outside toilets and /or
accessibility 17 @ 5,000.00 85,000.00
BALANCE TO BE BONDED- NEIGHBORHOOD PARKS $417,6
*If minimun Comm. Dev. Funds received $200,000.00
Add 185,000
*BALANCE TO BE BONDED - NEIGHBORHOOD PARKS 602.,605.00
Park Development Bonding Proposal (page 2)
CENTRAL PARK $1,179,443.00
Deduct:
Grant # 1 150,000.00
Grant # 2 143,443.00
Grant # 3 431,550.00
Comm. Dev. Funds 40,000.00
Grant #1 Match 50,000.00
Total Deduct 814,993.00
BALANCE TO BE BONDED- CENTRAL 364,450.00
PALMER LAKE NATURE CENTER 255,000.00
Deduct: Anticipated Grant 216,750.00
BALANCE TO BE BONDED 38,250.00
RECAP:
NEIGHBORHOOD PARKS MAX. C D 417,605 MIN. C D 602,605
CENTRAL PARK 364,450 364,450
PALMER LAKE NATURE CENTER 38,250 38,250
LEGAL- BONDING COSTS 12,750 12,750
PROPOSED BOND ISSUE 833,055 or 1,018, 055
MEMORANDUM
TO: Gerald G. Splinter, City Manag
FROM: Jim Lindsay, Chief of Police
SUBJ. Gambling License Application
DATE: August 3, 1979
Attached please find the complete police investigation of
CBSP, Inc. application for a gambling license. Michael P.
ELIAS is listed as the Gambling Manager. Investigator -
MONTEEN's resume lists nothing of a questionable nature
found during the course of this investigation.
In addition to the Class B Gambling License, CBSP has made
application for a waiver of the Fidelity Bond for this event.
The City ouncil must act on the following matters:
Y g
(1) Application for a Class B Gambling License.
This requires 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.
The following is a resume of the investigation of CBSP, Inc., Michael T.
ELIAS, Gambling Manager, an application for a Gambling License as granted
0-y the City of Brooklyn Center, Hennepin County, Minnesota. This investi-
gation is conducted by A. Paul MONTEEN, investigator for the City of Brooklyn
Center Police Department and transcribed by Pat SWANSON, clerk - typist for the
Brooklyn Center Police Department.
APPLICANT
CBSP, Inc.
7257 Yucca Lane
Maple Grove, Minnesota 55369
Telephone: 425 -8233
John William BAUER, External Director
6218 Chowen Avenue North
Brooklyn Center, Minnesota 55429
Telephone: 566 -0196
Michael Patrick ELIAS, Gambling Manager
7257 Yucca Lane
Maple Grove, Minnesota 55369
Telephone: 425 -8233
INVESTIGATION MATERIALS CONTAINED WITHIN THIS CASE FILE
jW pplication for Gambling License, City of Brooklyn Center, Minnesota.
pplication for Gambling License, Part II, Teresa Louise BIERBAUM.
Application for Gambling License, Part II, John William BAUER.
Application for Gambling License, Part II, Nadine Rose SCHWEITZER.
Application for Gambling License, Part II, Carol Ann BRYANT.
Application for Gambling License, Part II, JoAnn NMN ELIAS.
Application for Gambling License, Part II, Michael Patrick ELIAS.
State of Minnesota State Department certificate of legally organized cor-
poration to CBSP, Inc.
Articles of incorporation for CBSP, Inc.
A letter from Michael P. ELIAS, Sr. requesting waiver of Fidelity Bond and
a 'letter of introduction for the CBSP fund raiser from the Muscular Dystro-
phy Association.
CBSP, Inc. is a corporation of the State of Minnesota comprised of indivi-
duals interested in the use of citizens' band radios and the initials of
the corporation stand for Citizens' Band Serving the Public. Although the
articles of incorporation for CBSP were filed in October of 1978, the organi
zation began on Halloween night, 1973, in order to provide protection to
children in the North Minneapolis community while they gathered their Hallo-
ween treats. Since that time, CBSP has regularly provided a neighborhood
atro1 in North Minneapolis in cooperation with the Minneapolis Police De-
artment and has participated in searches for lost children, etc. in the
North Minneapolis area.
Resume by Investigator A. Paul MONTEEN Case File #79- 11314 Page 2
10MONTEEN, in checking with the Fourth Precinct, spoke with Sergeant g ELSFIC,
who stated that they have had no problems with CBSP, Inc. that he is aware
of and that the organization is always willing to provide service, especially
in the areas of attempting to locate lost or abducted children and they do
regularly patrol on Halloween.
CBSP, in cooperation with the Muscular Dystrophy Assocation, has operated a
coffee stop for weekend travelers at the intersection of I -94 and Highway
100 on the Labor Day Weekend since 1976. This provides a service to trav-
elers on the Labor Day Weekend as well as raising funds for the Muscular
Dystrophy Association. This year, in addition to a coffee stop, the CBSP
intends to operate some carnival type activities in the lot of the Holiday
Inn where they have had their coffee stop for the last three events.
According to the Gambling Manager, Michael ELIAS and External Director,
William BAUER, the carnival will consist of a dunk -tank, wheel of fortune
and raffle, as well as an auction on Labor Day. Vending of cotton candy,
POP, coffee and some kiddie rides will be provided as well.
In checking with James DECKER, Innkeeper at the Holiday Inn on Freeway Boule-
vard, MONTEEN found that this event has been conducted in the lot at the
Holiday Inn since 1976 and the Holiday Inn has s had o
n problems Y p ble s as a result of
their cooperation with the CBSP and the Muscular Dystrophy Association in
this event. The Holiday Inn has agreed to provide space in their parking
D ot for the 1979 event as well.
CBSP, Inc., as stated earlier, originally began on October 31, 1973. CBSP,
Inc. currently has sixty (60) active members and for the purposes of the
Labor Day Weekend event, aligns itself with the Muscular Dystrophy Associ-
ation. All profits from the weekend event are donated to the Muscular Dystro-
phy Association and all bookkeeping for the event and State and Federal forms
filed are handled e by the Muscular Dystrophy ystrophy Association.
The Gambling Manager, Michael Patrick ELIAS, is a resident of Maple Grove,
Minnesota, living at 7257 Yucca Lane. Michael has lived there since December
of 1977 and according to a neighbor residing at the intersection of Yucca
Lane and 73rd Avenue North who identified herself as Mrs. HANSON, both Michael
ELIAS and his wife, JoAnn are excellent neighbors and she sees no reason to
believe that Michael would not make a good and honest gambling manager for
this charitable event. I was unable to contact the other neighbors; it is a
relatively new development and the other house in that area was currently un-
occupied as the residents were on vacation. According to the Maple Grove
Police Department, there have been no problems reported at the ELIAS residence
which would be of interest in this investigation and in checking with the
Fourth Precinct, Minneapolis Department, there was no record of significant
events at 5048 Girard Avenue North from 1968 until 1977, the previous resi-
dence of Michael ELIAS and his wife, JoAnn.
16i chael ELIAS is a employed roofer owning Professional Roofing Services
ich is located at his residence, address 7257 Yucca Lane in Maple Grove.
In checking the records of MINCIS and NCIC, as well as the Hennepin County
Sheriff's Office and the Brooklyn Center Police Department, there is no
entry for the name Michael Patrick ELIAS or Michael Patrick LYKE.
Resume by Investigator A. Paul MONTEEN Case File #79- 11314 Page 3
On checking he name JoAnn I '
g ELIAS and JoAnn CLET�.ENTS, Michael's wife, there
is no entry of any incidents. Michael P. ELIAS also holds a valid Minne-
sota driver's license with no violations.
John William BAUER is a resident of 6218 Chowen Avenue North in Brooklyn
Center and Mr BAUER is the External Director and officer in charge of the
event to be held on Labor Day Weekend. Mr. BAUER has been a resident of the
City of Brooklyn Center for the past ten years, living at 6218 Chowen Avenue
North from 1975 until 1979 and living at 5304 Vincent AVenue North prior to
that date. Mr. BAUER has a clear record with Hennepin County, MINCIS and
NCIC as well as the Brooklyn Center Police Department and holds a valid
Minnesota driver's license. Mr. BAUER is employed by the American Monarch
Corporation in a supervisory capacity in manufacturing and marketing of
electronics. Mr. BAUER has been so employed since January of 1968.
MINCIS, NCIC, Hennepin County Warrants and D.L. checks were run as well on
other members of the corporation a f
n s o Louise p follows: Teresa L uise BTERBAUM
(McDONALD), Nadine Rose SCHWEITZER (NORENBERG), Carol Ann BRYANT (BATES).
All of these individuals filed Part II personal information summaries for
a gambling license as members of the corporation. All are clear in each
instance of criminal records
Michael ELIAS, Gambling Manager, has included a request in the form of a
etter to the City ouncil requesting waiver of a 10 000 Fidelity Y q g $ Y Bond
n himself for the purpose of this event. The City Council then must act
on: (1) The Class B Gambling License as requested by CBSP, Inc. which may
be passed with a majority vote of the Council and (2) a request for a
waiver of Fidelity Bond on Michael P. ELIAS which must be passed by a
unanimous vote of the Brooklyn Center City Council.
I
MEMORANDUM
TO: Gerald G. Splinter, City Manage
FROM: Jim Lindsay, Chief of Police . ? I
SUBJ: Gambling License Application for the Rosary
Alter Society of St. Alphonsus Catholic Church
DATE: August 3, 1979
Attached please find the complete police investigation of
St. Alphonsus Rosary Society, an application for a Class A
Gambling License. Donna Marie JONES is listed as the Gam
ling Manager. Investigator MONTEEN's report lists nothing
of a questionable nature during the course of this investi-
gation.
In addition to the Class A License, the Rosary Alter Society
has made application for the waiver of the $10,000 Fidelity
Bond. The City Council must act on the following matters:
(1) Application.for a Class A'Gambling License.
This requires a majority vote of the City
Council to pass.
(2) The waiver of a $10,000 Fidelity Bond. This
requires the unanimous vote of the City Coun-
cil to pass.
79 -11315
The following is a resume of the investigation of St. Alphonsus Catholic
Church Rosary Alter Society, an application for a Class A Gambling License,
Donna Marie JONES,,Gambling Manager. This investigation is conducted by
A Paul M
ONTEEN and transcribed b Pat SWANSON clerk-typist -
Y , k typist for the
Brooklyn Center Police Department.
St. Alphonsus Catholic Church is located at 7125 Halifax Avenue North,
Brooklyn Center, Hennepin County, Minnesota, and a corporation of the
State of Minnesota. The building is located on District 22, plat 89637,
parcel 6250, plat 89101, parcel 1410, plat 89258, parcel 6900 and plat
89258, parcel 7200 in a legal description of the property.
The Rosary Alter Society of St. Alphonsus Catholic Church began shortly
after the congregation was formed in 1959. The Rosary Alter Society is
made up of approximatley 250 active members, all women of the parish
known as St. Alphonsus Catholic Church. Operating under the auspices of
the Catholic Church, St. Alphonsus has been granted a tax exempt number
by the Internal Revenue Service, #41- 0846441, and the State Department
of Commerce and the Department of Taxation of the State of Minnesota,
#9019199. '
Because of their status as an auxiliary of a bona fide religious organi -
zation, the Rosary Alter Society is exempt from filing form 990 or 990T
as required b the Internal Revenue � Y e Service. Furthermore the State De -
partment of Commerce Charities Division grants an exemption to bona fide
religious organizations in filing a charitable organizations annual re
w ort as required by Section 309.53 of the Minnesota State Statutes. Con-
ained within the application for a Class A Gambling License is a personal
information, part II form, naming Joanne Antonia NOONAN as the president
of the organization.
Mrs. NOONAN is a resident of Brooklyn Center, living at 7125 Lee Avenue
North in Brooklyn Center, for the past sixteen years. Mrs. NOONAN is an
employee of the Gamble - Skogmo Company, 5100 Gamble Drive, St. Louis Park,
55481. Mrs. NOONAN has no record with the Hennepin County Sheriff's Office,
Brooklyn Center Police Department, NCIC or MINCIS. Mrs. NOONAN has a valid
Minnesota driver's license.
Donna Marie JONES is named as the Gambling Manager in application for this
license. Mrs. JONES has been a resident at 7933 Quail Avenue North in
Brooklyn Park, Minnesota, since April 26, 1977. Prior to that, Mrs. JONES
. Brooklyn
in Salt Lake City, Utah, and Louisville, Kentucky. Mrs. JONES has
been a member of St. Alphonsus congregation and the Alter Society since
moving to Brooklyn Park. Mrs. JONES is a homemaker and substitute teacher
at St. Alphonsus School. Mrs. JONES has a clear record with the Hennepin
County Sheriff's Office, Brooklyn Center Police Department, Brooklyn Park
Police Department, MINCIS and NCIC, as well as a valid Minnesota driver's
license with no violations
Contained within the application for a Class A Gambling License for the
Rosary Alter Society is a request for the waiver of a Fidelity Bond in
Aftthe amount of $10,000. The City Council must act on two matters in this
pplication, that being the Class A Gambling License which will take the
majority vote of the City Council for passage and the request for waiver
Resume by Investigator A. Paul MONTEEN Case File #79 -11315 Page 2
of the Fidelity Bond which requires a unanimous vote of the membership
of the.City Council for passage.
'i
Licenses to be approved b the City Council on August 27, 1979 0
PP Y Y , g
FOOD ESTABLISHMENT LICENSE
Church of the Nazarene
Day Care Center 501 73rd Ave. No.
Sanitarian
GAMBLING LICENSE
Citizens Band Serving People 7257 Yucca Lane
The Rosary Altar Society
of St. Alphonsus Church 7125 Lee Ave. No.
City Clerk
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE -7
Browning- Ferris Industries 9813 Flying Cloud Dr.
(additional vehicle)
MAroney`s Service Rt. 3, Box 30A 7 -4
Tarco of Minnesota - MCS 10041 Polk St. N.E. 712 _Z-_dJ-
Sanitarian
ITINERANT FOOD ESTABLISHMENT LICENSE
Citizens Band Serving People 6218 Chowen Ave. No'.
Sanitarian
MECHANICAL SYSTEM'S LICENSE
Del Air Conditioning, Inc. 9860 James Circle>! -�
Build ng Official Jf
POOL AND BILLIARD TABLE LICENSE J(
JEM Bowl, Inc. 104 E. 60th St.
Earle Brown Bowl 6440 James Circle No.
City Clerk /
✓i
RENTAL DWELLING LICENSE
Initial: ,, /
Angela May Fiala 5600 Lyndale Ave. No-�t� /� .�
Wilbert & Delores Hanson 7210 Perry Court East
Marlyn & Gayle Kruse 2101 71st Ave. No. A �(� '�A /
Renewal:
Alfred & Myrtle Herlitz 7018 Emerson Ave. No.
Roland Scherber 5820 Logan Ave. No.
Rich M. Childers 6806 Regent Ave. No.
Joseph J. Kennedy 505,09 61st Ave. No.
Robert C. Johnson 905 61st Ave. No.
M. P. Evanson 711 69th Ave. No.
Alfred & Myrtle Herlitz 1713 72nd Ave. No.
Director of Planning
and Inspection