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Home My WebLink About2003 10-13 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 13, 2003 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Adjourn Metropolitan Council - Regional Transportation - ADA Paratransit Services (includes Me... Page 1 of 2 Services Abut Us Neetings X Events I Resources ltepo> #a it l? tai Regional Transportatl±a - Js�bs, l; nth C Transportation - Americans with Disabilities Act (ADA) Paratransit Service ADA Paratransit Service is available for people who are unable or have extreme difficulty using regular route transit service because of a disability or health condition. ADA Paratransit Service provides "first- door - through - first- door" transportation in 89 communities throughout the metropolitan area for persons who are ADA - certified. The region's ADA paratransit service is provided by four programs: • Metro Mobility - serving Minneapolis, St. Paul and many surrounding suburbs; • Anoka County Traveler - serving Anoka County;' • DARTS - serving Dakota County; and I • H.S.I. - serving Washington County. Trips can be scheduled for any purpose. Whether a rider is traveling to a doctor's appointment, going shopping or meeting friends for dinner, all trips are treated equally. ADA Paratransit Service is a shared -ride public NEWS transportation system, so routes and schedules are designed to transport multiple passengers at one time to multiple destinations. • Metro Mobility News - Aua_ ust 21 (pdf) Applying for Service • Travel Instruction Proaram • Metro Transit named 2002 Tran A completed ADA Paratransit Application Form is needed to determine Provider of the Year eligibility for service. Download an aDplication form (pdf format), or call Customer Services at 651 - 602 -1111 (TTY 651 - 221 -9886) to have a form SERVICE INFORMATION sent to you • NEW! Fares increased Auaust 2! Complete the form with as much detail as possible. Eligibility can be • Metro Mobility Service Guide - ; delayed if the application doesn't provide enough information to make a (519k pdf). See updated info be determination. The certification process takes up to 21 days once all • NEW! Communities and Hours c required information is received. Certified riders are issued an ADA Service (Updated August 2003) identification number, which is required to schedule a ride. pdf) • Travel Instruction Proaram Metro Mobility Service Guide FORMS (all in pdf format) The Metro Mobility Service Guide provides all the information needed to successfully use ADA Paratransit Service. The guide includes details on . ADA Paratransit Eligibility ADDIic fares, hours of service, how to schedule and cancel a ride, driver Form assistance, standing orders, paratransit policies, and much more. Questions? • Standina Order Reauest Form • Standina Order Chanae Form If you have more questions about ADA Paratransit Service, please call Customer Services at 651- 602 -1111 (TTY 651 - 221 -9886) between 8 a.m. • Travel Instruction Referral ForrT and 4:30 p.m., Monday through Friday. Send your e-mail questions or comments to Council's Data Center at data. centernmetc. state. mn.us Note: Adobe Acrobat software is requi view pdf files. Get the free Acrobat sof http: / /www.metrocouncil.org/ transportation /paratransit/intro.htm 10/13/2003 Metr AA AA American with Disabilities Act (A DA) Paratransit EfigibilityApplication Questions about this form? Call Metro Mobility Customer Service at (651) 602 -1111 voice, (651) 221 -9886 TTY. Mail applications to: Metro Mobility Service Center p 230 East Fifth Street, St. Paul, MN 55101 -1626 a do not accept applications by fax Complete all parts of the application form. Applications that are not fully completed will be returned, which will delay your eligibility determination. This application and future written information is available in alternative formats. If you require an alternative format, please indicate which format best suits your needs: ❑ Braille ❑ Audiotape ❑ Large print ❑ 3 1/2" Computer disk (DOS Format) ❑ Compact Disk Please print or type Applicant data Name: First Middle Initial Last Street Address: Apt. #: City: Zip Code: Day Telephone: ( ) Evening Telephone: ( ) Birth Date: / / Do you have a Minnesota state ID card or Minnesota driver's license? ❑ Yes ❑ No ID # License # Expiration Year: Mailing Address (if different from above) Street Address: Apt. #: City.. Zip Code: Email Address: Emergency Contact Person Name: First Middle Initial Last Day Telephone: ( ) Evening Telephone: ( ) 1 1. Which of the following mobility/communication aids do you use? (Please check all that apply) ❑ Cane ❑Manual Wheelchair F Service Animal ❑ Transfer Board ❑ White Cane ❑ Powered Wheelchair ❑ Communication Aid ❑ Prosthesis ❑ Walker ❑ Powered Scooter /Cart ❑ Portable Oxygen ❑ None of These ❑ Crutches Boardin ❑ g Chair ❑ Other (please describe): 2. If you use a wheelchair or scooter: Is it more than 30 inches wide? ❑ Yes ❑ No Is it more than 48 inches long? ❑ Yes ❑ No Is the combined weight of device and occupant more than 600 pounds? ❑ Yes ❑ No 3. Does your health condition /disability require you to use paratransit service: ❑ Seasonally (Nov. - Apr.) ❑ Until fixed route buses have lifts ❑ Until I successfully complete travel training ❑ Permanently ❑ Temporarily If temporarily, for how longs Weeks) Month(s) Years) 4. Does your health condition /disability change from day to day in ways that occasionally disrupts your ability to use regular route bus service? ❑ Yes ❑ No If yes, please explain: 5. Are you able to travel in an automobile? ❑ Yes ❑ No 6. When using paratransit service, does your health condition/disability require you to travel with a personal care attendant (PCA) *? ❑ Yes ❑ No * A PCA is a person traveling as an aide who is designated or employed by a person with disabilities to hel p person that meet his or her personal needs and /or facilitate travel. Explain what prevents you from independently using public transit services. 2 Questions about using regular route public transit Complete Part B even if you are unable to use regular route transit. This information will assist us in determining how your disability/health condition affects your ability to use regular route bus service. 7. Do you now use regular route buses? ❑ Yes ❑ No ❑ Sometimes If "Yes' or "Sometimes," how often? Week(s) Month(s) Year(s) 8. Have you ever had training to use the regular route buses? ❑ Yes ❑ No If "No ", are you able to and willing to learn to ride regular route buses? ❑ Yes ❑ No 9. Using a mobility aid or on your own, how far are you able to travel without the assistance or another person? ❑ Less than 200 feet ❑ 1/4 mile (3 blocks) ❑ 1/2 mile (6 blocks) ❑ 3/4 mile (9 blocks) ❑ More than 3/4 mile 10. I can wait for a regular route bus (check all that apply): ❑ Only if there is a bench or shelter ❑ No more than 15 minutes ❑ More than 15 minutes 11. Are you able to recognize changes in your mental/emotional state that could prevent you from using regular route service? ❑ Yes ❑ No 12. Please check all the categories below as they relate to your ability to use regular route buses: I am: Yes No Sometimes A. Able to tolerate very hot or very cold weather .......................... ............................... ❑ ❑ ❑ B. Able or recognize destinations, bus stops, or landmarks ......... ............................... ❑ ❑ ❑ C. Adversely affected by air pollution (smog, fumes, perfume) .... ............................... ❑ ❑ ❑ D. Unable to travel at night due to night blindness ..................... ............................... ❑ ❑ ❑ E. Able to recognize printed information ...................................... ............................... ❑ ❑ ❑ F. Able to hear and process spoken words or auditory information ....................... ❑ ❑ ❑ G. Able to communicate needs ........................................................ ............................... ❑ ❑ ❑ H. Able to follow directions .............................................................. ............................... ❑ ❑ ❑ I. Able to deal with unexpected situations or changes in routine (example: bus detours) ........................................................... ............................... ❑ ❑ ❑ I Able to safely and effectively travel through crowded and/or complexfacilities .................................................................... ............................... ❑ ❑ ❑ K . Able to recognize curbs and other drop offs ............................. ............................... ❑ ❑ ❑ L. Able to travel independently along sidewalks and other pedestrianways ...................................................................... ............................... ❑ ❑ ❑ M . Able to cross streets independently ............................................ ............................... ❑ ❑ ❑ 3 lam: Yes No Sometimes N . Able to find the correct bus stop ........................................ ............................... ❑ ❑ ❑ O. Able to identify the correct bus .................................... ............................... ❑ ❑ ❑ P. Able to safely enter /exit the bus (this includes stepping up three steps with maximum height of 16 inches) ................ ............................... ❑ ❑ ❑ Q. Able to get on and off a bus that has a lift platform (either III standing or with mobility aid) .............................................. ............................... ❑ ❑ ❑ R. Able to deposit fare into the fare box or show bus pass ................ ............................... ❑ ❑ ❑ S. Able to get to a set/wheelchair position and remain seated during abus trip ............................................................................................... ............................... ❑ ❑ ❑ T. Familiar with what to do if I miss my bus .................................. ............................... ❑ ❑ ❑ If you checked 'No" or "Sometimes" to any of the items in question 12, please explain: Applicant signature The information provided on this form is private data and is used to determine ADA paratransit eligibility. The ability to determine your eligibility is based on receiving all of the information requested on this form. All medical or locational information pertaining to application for or users of ADA paratransit service is private, except the name of the applicant or user. Any other information cannot be released to anyone else, unless the applicant or user authorizes the release in writing. I certify that all information on this application form is accurate. I understand that misinformation or misrepresentation of facts will be cause for disqualification or rejection of my ADA eligibility. I also understand that a professional who understands my health condition or disability may be contacted to clarify or obtain additional information required to determine my eligibility or service needs. Information will be requested from a professional only when the information provided on the application form does not clearly determine ADA paratransit eligibility. Applicant's Signature: Date: If someone other than the applicant is preparing this form, please provide the following information about the preparer: Name: (please print) First Middle Initial Gast Day Telephone: ( ) Preparer's Signature: Date: - Revised September 2003- 4 EXEMPT PROP 13 -OCT -2003 (09:57) page 3 of 6 PROPERTY ID OWNER NAME /ADDR PR -TYPE TOT -VALU ----------------------------------------------------------------------------------------------------------------------------------- 10- 118 -21 -42 -0036 CITY OF BROOKLYN CENTER LC $1,900 10- 118 -21 -42 -0037 CITY OF BROOKLYN CENTER LC $1,900 27- 119 -21 -33 -0067 BROOKLYN CENTER EDA LC $140,900 27- 119 -21 -33 -0098 CITY OF BROOKLYN CENTER LC $125,000 28- 119 -21 -41 -0215 B.C. METHODIST CHURCH LC $19,500 34- 119 -21 -22 -0015 HENNEPIN COUNTY LC $179,700 34- 119 -21 -24 -0054 CITY OF BROOKLYNCENTER LC $250,000 34- 119 -21 -24 -0055 METROPOLITAN COUNCIL LC $550,000 35- 119 -21 -21 -0007 CITY OF BROOKLYN CENTER LC $528,400 35- 119 -21 -24 -0006 CITY OF BROOKLYN CENTER LC $1,860,100 35- 119 -21 -43 -0016 BROOKLYN CENTER EDA LC $1,100,000 35- 119 -21 -44 -0002 CITY OF BROOKLYNCENTER LC $506,800 i y 35- 119 -21 -44 -0006 CITY OF BROOKLYN CENTER LC $9,100 30C < *> $6,721,800* 01- 118 -21 -42 -0004 THREE RIVERS PARK DISTRICT LL $33,800 01- 118 -21 -42 -0005 THREE RIVERS PARK DISTRICT LL $42,500 01- 118 -21 -42 -0006 THREE RIVERS PARK DISTRICT LL $28,500 01- 118 -21 -42 -0007 THREE RIVERS PARK DISTRICT LL $28,500 01- 118 -21 -42 -0008 THREE RIVERS PARK DISTRICT LL $28,500 01- 118 -21 -42 -0009 THREE RIVERS PARK DISTRICT LL $23,800 01- 118 -21 -42 -0010 THREE RIVERS PARK DISTRICT LL $23,800 01- 118 -21 -42 -0011 THREE RIVERS PARK DISTRICT LL $38,500 01- 118 -21 -42 -0012 THREE RIVERS PARK DISTRICT LL $41,500 01- 118 -21 -42 -0013 CITY OF BROOKLYN CENTER LL $3,600 01- 118 -21 -43 -0001 THREE RIVERS PARK DISTRICT LL $6,900 01- 118 -21 -43 -0002 THREE RIVERS PARK DISTRICT LL $5,900 01- 118 -21 -43 -0003 THREE RIVERS PARK DISTRICT LL $100 01- 118 -21 -43 -0004 CITY OF BROOKLYN CENTER LL $3,300 01- 118 -21 -43 -0009 CITY OF BROOKLYN CENTER LL $1,400 01- 118 -21 -43 -0011 THREE RIVERS PARK DISTRICT LL $100 01- 118 -21 -43 -0015 CITY OF BROOKLYN CENTER LL $43,500 01- 118 -21 -43 -0088 CITY OF BROOKLYN CENTER LL $14,200 01- 118 -21 -43 -0094 CITY OF BROOKLYNCENTER LL $43,500 01- 118 -21 -43 -0098 THREE RIVERS PARK DISTRICT LL $38,500 01- 118 -21 -43 -0101 THREE RIVERS PARK DISTRICT LL $39,500 01- 118 -21 -43 -0103 THREE RIVERS PARK DISTRICT LL $100 03- 118 -21 -23 -0024 CITY OF BROOKLYN CENTER LL $275,000 03- 118 -21 -31 -0072 CITY OF BROOKLYN CENTER LL $29,100 03- 118 -21 -31 -0073 CITY OF BROOKLYN CENTER LL $95,000 03- 118 -21 -33 -0001 CITY OF BROOKLYN CENTER LL $174,000 03- 118 -21 -34 -0035 CITY OF BROOKLYN CENTER LL $237,000 10- 118 -21 -22 -0003 CITY OF BROOKLYN CENTER LL $39,700 36- 119 -21 -12 -0008 CITY OF BROOKLYN CENTER LL $83,000 _ 29C < *> $1,422,800* v 01- 118 -21 -12 -0019 ECONOMIC DEVELOPMENT AUTH LR $31,000 d S O1- 118 -21 -22 -0009 BROOKLYN CENTER EDA LR $22,600 01- 118 -21 -32 -0085 HARRON METHODIST CHURCH LR $19,700 01- 118 -21 -34 -0070 HENNEPIN FORFEITED LAND LR $1,200 01- 118 -21 -34 -0141 BROOKLYN CENTER EDA LR $61,000 01- 118 -21 -43 -0031 HENNEPIN FORFEITED LAND LR $16,600 01- 118 -21 -43 -0111 BROOKLYN CENTER EDA LR $66,200 02- 118 -21 -21 -0007 CITY OF BROOKLYN CENTER LR $332,400 02- 118 -21 -22 -0003 CITY OF BROOKLYN CENTER LR $37,000 02- 118 -21 -22 -0005 CITY OF BROOKLYN CENTER LR $217,000 02- 118 -21 -22 -0006 CITY OF BROOKLYN CENTER LR $29,400 EXEMPT PROP 13 -OCT -2003 (09:57) page 2 of 6 PROPERTY ID OWNER NAME /ADDR PR -TYPE TOT -VALU --------------------------------------------------------------------------------------------- 35- 119 -21 -22 -0051 SPIRITUAL LIFE MINISTRIES C $2,150,000 35- 119 -21 -24 -0005 BAPS- MW -MSP C $1,016,700 35- 119 -21 -31 -0017 CITY OF BROOKLYN CENTER C $882,700 35- 119 -21 -33 -0001 CITY OF BROOKLYN CENTER C $1,077,900 35- 119 -21 -33 -0064 JEHOVAH JIRAH CHURCH C $597,200 35- 119 -21 -34 -0003 CITY OF BROOKLYN CENTER C $14,061,900 35- 119 -21 -34 -0006 HENNEPIN COUNTY C $6,757,000 35- 119 -21 -44 -0008 BROOKLYN CENTER HRA C $64,400 35- 119 -21 -44 -0009 BROOKLYN CENTER HRA -EBHC C $9,789,300 36- 119 -21 -22 -0001 CITY OF BROOKLYN CENTER C $202,700 36- 119 -21 -23 -0001 IND. SCHOOL DIST. NO. 286 C $17,476,800 36- 119 -21 -24 -0012 CITY OF BROOKLYN CENTER C $190,400 36- 119 -21 -24 -0037 CITY OF.BROOKLYN CENTER C $1,280,000 36- 119 -21 -24 -0048 MPLS APOSTOLIC LUTH CHURCH C $103,800 36- 119 -21 -33 -0005 B.C. CHURCH OF CHRIST C $436,100 36- 119 -21 -34 -0099 NORTHBROOK ALLIANCE CHURCH C $1,413,200 67C < *> $132,904,100* Z c J D L �Z- 02- 118 -21 -31 -0044 CITY OF BROOKLYN CENTER GC $170,100 02- 118 -21 -33 -0001 CITY OF BROOKLYN CENTER GC $67,500 02- 118 -21 -33 -0002 CITY OF BROOKLYN CENTER GC $72,700 02- 118 -21 -33 -0003 CITY OF BROOKLYN CENTER GC $1,548,300 02- 118 -21 -33 -0004 CITY OF BROOKLYN CENTER GC $72 $72,300 02- 118 -21 -33 -0005 CITY OF BROOKLYN CENTER GC $3,900 02- 118 -21 -33 -0006 CITY OF BROOKLYN CENTER GC $60,500 02- 118 -21 -33 -0007 CITY OF BROOKLYN CENTER GC $127,000 02- 118 -21 -33 -0008 CITY OF BROOKLYN CENTER GC $17,000 02- 118 -21 -33 -0009 CITY OF BROOKLYN CENTER GC $50,500 02- 118 -21 -33 -0030 CITY OF BROOKLYN CENTER GC $58,300 02- 118 -21 -33 -0031 CITY OF BROOKLYN CENTER GC $69,600 02- 118 -21 -34 -0001 CITY OF BROOKLYN CENTER GC $48,300 $ 13C < *> 2,366,000* 10- 118 -21 -42 -0011 STATE OF MINNESOTA I $276,000 25- 119 -21 -34 -0019 CITY OF BROOKLYN CENTER I $1,675,500 35- 119 -21 -21 -0004 METROPOLITAN TRANSIT CORP I $6,926,300 5 s ( 3C < *> $8,877,800* 02- 118 -21 -21 -0017 HENNEPIN COUNTY MINNESOTA LA $454,500 02- 118 -21 -21 -0018 CITY OF BROOKLYN CENTER LA $166,000 2C < *> $620,500* 1 Y 01- 118 -21 -34 -0142 BROOKLYN CENTER EDA LC $336,400 02- 118 -21 -12 -0008 CITY OF BROOKLYN CENTER LC $365,900 02- 118 -21 -13 -0005 HENNEPIN FORFEITED LAND LC $304,600 02- 118 -21 -13 -0006 HENNEPIN FORFEITED LAND LC $117,200 02- 118 -21 -13 -0007 HENNEPIN FORFEIT LAND LC $3,000 03- 118 -21 -13 -0099 CROSS OF GLORY LUTHERAN LC $27,000 10- 118 -21 -23 -0001 HENNEPIN FORFEITED LAND LC $900 10- 118 -21 -23 -0003 HENNEPIN FORFEITED LAND LC $5,200 10- 118 -21 -24 -0031 CITY OF BROOKLYN CENTER LC $220,100 10- 118 -21 -41 -0016 CITY OF BROOKLYN CENTER LC $54,000 10- 118 -21 -42 -0022 HENNEPIN FORFEITED LAND LC $2,300 10- 118 -21 -42 -0023 CITY OF BROOKLYN CENTER LC $2,200 10- 118 -21 -42 -0031 CITY OF BROOKLYN CENTER LC $2,100 10- 118 -21 -42 -0032 CITY OF BROOKLYN CENTER LC $1,900 10- 118 -21 -42 -0033 CITY OF BROOKLYN CENTER LC $1,900 10- 118 -21 -42 -0034 CITY OF BROOKLYN CENTER LC $1,900 10- 118 -21 -42 -0035 CITY OF BROOKLYN CENTER LC $1,900 PROCEDURE EXECUTION INFORMATION ------------------------------- Procedure name: EXEMPTKARE(PDSONLN) User: KAREN,PDS.BC,PDSONLN Custom user profile: $POWERH Run date: 13 -OCT -2003 Started at: 09:57:10.2 Finished at: 09:57:21.8 Elapsed time: 00:00:11.6 CPU time: 00:00:10.2 Records read: 45926 Records selected: 270 _ Records written: 281 Selection values: ASSESSMENT -YEAR "2003" and EXEMPT -CD "E" and OWNER- CD -SEQ :[P]: 110101" EXEMPT PROP 13 -OCT -2003 (09:57) page 1 of 6 PROPERTY ID OWNER NAME /ADDR PR -TYPE TOT -VALU c�t -------- ______ ----- _--------- ______------- ___ __-------- ________---- _____ 10- 118 -21 -31 -0015 STATE OF MINNESOTA A $225,000 10- 118 -21 -42 -0024 STATE OF MN A $595,000 25- 119 -21 -33 -0085 LUTHERAN CHURCH OF MASTER A $559,600 3C < *> $1,379,600* 01- 118 -21 -22 -0096 IND SCHOOL DIST NO 286 C $4,462,900 01- 118 -21 -23 -0104 KOREAN PRESBYTERIAN CHURCH C $1,334,300 01- 118 -21 -34 -0118 HARRON METHODIST CHURCH C $641,500 01- 118 -21 -42 -0054 CITY OF BROOKLYN CENTER C $33,400 02- 118 -21 -11 -0004 CITY OF BROOKLYN CENTER C $753,800 02- 118 -21 -14 -0019 FELLOWSHIP BAPTIST CHURCH C $410,500 02- 118 -21 -14 -0032 LUTHERAN CHURCH TRIUNE GOD C $506,600 02- 118 -21 -22 -0004 B.C. AMERICAN LITTLE LEAGUE C $264,800 02- 118 -21 -22 -0074 BC ASSEMBLY OF GOD CHURCH C $1,412,300 02- 118 -21 -34 -0005 CITY OF BROOKLYN CENTER C $1,043,000 03- 118 -21 -12 -0097 CROSS OF GLORY LUTHERAN C $2,440,000 03- 118 -21 -22 -0001 CITY OF BROOKLYN CENTER C $689,800 03- 118 -21 -42 -0008 CITY OF BROOKLYN CENTER C $1,147,300 03- 118 -21 -42 -0025 IND SCHOOL DIST NO 281 C $3,688,900 03- 118 -21 -42 -0029 GREATER MPLS GIRL SCOUTS C $973,800 10- 118 -21 -11 -0010 BROOKDALE COVENANT CHURCH C $1,184,400 10- 118 -21 -14 -0008 CITY OF BROOKLYN CENTER C $259,900 10- 118 -21 -14 -0067 TWIN LAKE ALANO SOCIETY C $184,100 10- 118 -21 -31 -0024 MN DOT C $665,000 10- 118 -21 -32 -0004 CITY OF BROOKLYN CENTER C $476,900 25- 119 -21 -31 -0085 CITY OF BROOKLYN CENTER C $1,035,900 25- 119 -21 -33 -0049 GOOD SHEPHERD FELLOWSHIP C $165,400 25- 119 -21 -33 -0086 EVAN LUTH CH OF THE MASTER C $2,289,800 25- 119 -21 -34 -0001 IND SCHOOL DIST NO 11 C $3,770,500 25- 119 -21 -42 -0010 CITY OF BROOKLYN CENTER C $149,400 25- 119 -21 -42 -0015 MN DIST. CHURCH OF NAZARENE C $428,100 25- 119 -21 -43 -0041 CITY OF BROOKLYN CENTER C $232,600 25- 119 -21 -43 -0050 CITY OF BROOKLYN CENTER C $707,400 26- 119 -21 -31 -0001 CITY OF BROOKLYN CENTER C $1,311,500 26- 119 -21 -44 -0069 CITY OF BROOKLYN CENTER C $324,800 27- 119 -21 -31 -0121 CHURCH OF ST ALPHONSUS C $124,000 27- 119 -21 -33 -0069 CHURCH OF ST ALPHONSUS C $7,403,800 27- 119 -21 -41 -0001 CITY OF BROOKLYN CENTER C $664,600 28- 119 -21 -41 -0214 B.C. METHODIST CHURCH C $1,853,600 28- 119 -21 -44 -0001 IND. SCHOOL DIST. NO. 279 C $3,072,800 28- 119 -21 -44 -0004 CITY OF BROOKLYN CENTER C $497,500 33- 119 -21 -11 -0061 MN KOREAN METHODIST CHURCH C $382,900 33- 119 -21 -14 -0040 CITY OF BROOKLYN CENTER C $390,900 33- 119 -21 -44 -0003 IND. SCHOOL DIST. NO. 279 C $2,857,600 33- 119 -21 -44 -0010 EXODUS COMMUNITYDEVELOPMENT C $286,200 34- 119 -21 -12 -0002 MOUND CEMETERY C $681,900 34- 119 -21 -13 -0077 CITY OF BROOKLYN CENTER C $110,600 34- 119 -21 -21 -0003 CITY OF BROOKLYN CENTER C $630,800 34- 119 -21 -22 -0005 NORTH MEMORIAL HEALTH CARE C $3,084,100 34- 119 -21 -22 -0007 U.S POSTAL SERVICE C $4,162,000 34- 119 -21 -42 -0013 IND. SCHOOL DIST. NO. 279 C $3,152,700 34- 119 -21 -43 -0066 CITY OF BROOKLYN CENTER C $2,340,000 35- 119 -21 -11 -0039 BROOKLYN CENTER ECON DEV C $4,680,000 35- 119 -21 -13 -0019 MN STATE HIGH SCHOOL LEAGUE C $1,877,000 35- 119 -21 -14 -0013 BEREAN EVANGEL. FREE CHURCH C $550,000 35- 119 -21 -21 -0002 CITY OF BROOKLYN CENTER C $3,612,400 I EXEMPT PROP 13 -OCT -2003 (09:57) page 5 of 6 PROPERTY ID OWNER NAME /ADDR PR -TYPE TOT -VALU --------------------------------------------------------------------------------------------------------- 33- 119 -21 -43 -0006 METRO AIRPORTS COMMISSION LR $136,900 33- 119 -21 -43 -0087 CITY OF BROOKLYN CENTER LR $19,500 34- 119 -21 -11 -0001 CITY OF BROOKLYN CENTER LR $198,100 34- 119 -21 -11 -0002 HENNEPIN FORFEITED LAND LR $3,000 34- 119 -21 -11 -0009 CITY OF BROOKLYN CENTER LR $2,000 34- 119 -21 -11 -0010 CITY OF BROOKLYN CENTER LR $2,000 34- 119 -21 -11 -0122 CITY OF BROOKLYN CENTER LR $31,900 34- 119 -21 -13 -0002 HENNEPIN FORFEITED LAND LR $24,700 34- 119 -21 -13 -0003 CITY OF BROOKLYN CENTER LR $6,300 34- 119 -21 -13 -0004 CITY OF BROOKLYN CENTER LR $8,000 34- 119 -21 -13 -0005 CITY OF BROOKLYN CENTER LR $13,400 34- 119 -21 -13 -0082 HENNEPIN FORFEITED LAND LR $100 34- 119 -21 -13 -0083 HENNEPIN FORFEITED LAND LR $100 34- 119 -21 -13 -0090 CITY OF BROOKLYN CENTER LR $2,100 34- 119 -21 -13 -0091 CITY OF BROOKLYN CENTER LR $100 34- 119 -21 -13 -0092 CITY OF BROOKLYN CENTER LR $65,000 34- 119 -21 -21 -0024 HENNEPIN FORFEITED LAND LR $1,000 34- 119 -21 -23 -0094 CITY OF BROOKLYN CENTER LR $2,000 34- 119 -21 -23 -0096 CITY OF BROOKLYN CENTER LR $2,000 34- 119 -21 -23 -0098 CITY OF BROOKLYN CENTER LR $2,900 34- 119 -21 -23 -0099 CITY OF BROOKLYN CENTER LR $4,100 34- 119 -21 -23 -0106 HENNEPIN FOREFEITED LAND LR $500 34- 119 -21 -23 -0107 HENNEPIN FOREFEITED LAND LR $1,500 34- 119 -21 -24 -0003 HENNEPIN FORFEITED LAND LR $100 34- 119 -21 -24 -0004 HENNEPIN FORFEITED LAND LR $100 „ 34- 119 -21 -31 -0003 HENNEPIN FORFEITED LAND LR $1,500 34- 119 -21 -31 -0093 CITY OF BROOKLYN CENTER LR $87,100 34- 119 -21 -33 -0081 CITY OF BROOKLYN CENTER LR $121,600 34- 119 -21 -33 -0082 CITY OF BROOKLYN CENTER LR $53,200 34- 119 -21 -33 -0083 CITY OF BROOKLYN CENTER LR $122,500 34- 119 -21 -33 -0084 CITY OF BROOKLYN CENTER LR $16,500 34- 119 -21 -43 -0055 CITY OF BROOKLYN CENTER LR $87,000 35- 119 -21 -21 -0001 CITY OF BROOKLYN CENTER LR $216,100 35- 119 -21 -22 -0001 CITY OF BROOKLYN CENTER LR $243,000 35- 119 -21 -22 -0009 CITY OF BROOKLYN CENTER LR $33,200 35- 119 -21 -34 -0001 CITY OF BROOKLYN CENTER LR $79,900 35- 119 -21 -34 -0002 CITY OF BROOKLYN CENTER LR $44,000 36- 119 -21 -12 -0003 CITY OF BROOKLYN CENTER LR $28,500 36- 119 -21 -12 -0033 BROOKLYN CENTER EDA LR $29,500 36- 119 -21 -24 -0028 CITY OF BROOKLYN CENTER LR $9,900 !� 106C < *> $4,838,100* C - 7 7 03- 118 -21 -23 -0023 NORTH MEMORIAL MEDICAL NH $940,000 33- 119 -21 -12 -0105 MARANATHA BAPTIST CARE CTR NH $3,152,100 i � ' Is- 1 2C < *> $4,092,100* 01- 118 -21 -34 -0046 TURNING POINT INC. R $151,500 01- 118 -21 -43 -0092 DAKOTA COMMUNITIES INC R $167,800 02- 118 -21 -14 -0032 LUTHERAN CHURCH TRIUNE GOD R $168,800 03- 118 -21 -11 -0033 HEARTHSTONE OF MINNESOTA R $171,200 03- 118 -21 -12 -0039 LUTHERAN SOCIAL SERVICE MN R $122,900 03- 118 -21 -43 -0080 LUTHERAN SOCIAL SERVICE MN R $129,400 10- 118 -21 -11 -0010 BROOKDALE COVENANT CHURCH R $164,000 10- 118 -21 -31 -0003 STATE OF MN R $149,900 10- 118 -21 -31 -0004 MN DEPT OF TRANSPORTATION R $124,300 10- 118 =21 -31 -0016 MN DEPT OF TRANSPORTATION R $148,900 25- 119 -21 -42 -0009 MN DIST CHURCH NAZARENE INC R $79,900 EXEMPT PROP 13 -OCT -2003 (09:57) page 4 of 6 PROPERTY ID OWNER NAME /ADDR PR -TYPE TOT -VALU ----------------------------------------------------------------------------------------------------------------------------------- 02- 118 -21 -22 -0055 CITY OF BROOKLYN CENTER LR $3,900 02- 118 -21 -22 -0056 CITY OF BROOKLYN CENTER LR $5,800 02- 118 -21 -22 -0057 CITY OF BROOKLYN CENTER LR $22,000 02- 118 -21 -22 -0058 CITY OF BROOKLYN CENTER LR $22,000 02- 118 -21 -22 -0059 CITY OF BROOKLYN CENTER LR $22,000 02- 118 -21 -22 -0060 CITY OF BROOKLYN CENTER LR $22,000 02- 118 -21 -22 -0063 B.C. AMERICAN LITTLE LEAGUE LR $4,400 02- 118- 21 -22 -0073 CITY OF BROOKLYN CENTER LR $62,500 02- 118 -21 -22 -0076 BC ASSEMBLY OF GOD CHURCH LR $22,000 02- 118 -21 -22 -0077 BC ASSEMBLY OF GOD CHURCH LR $78,200 02- 118 -21 -24 -0017 CITY OF BROOKLYN CENTER LR $84,300 02- 118 -21 -42 -0113 HENNEPIN FORFEITED LAND LR $2,200 03- 118 -21 -13 -0011 HENNEPIN FORFEITED LAND LR $2,000 03- 118 -21 -22 -0012 CITY OF BROOKLYN CENTER LR $19,500 03- 118 -21 -22 -0013 CITY OF BROOKLYN CENTER LR $19,500 03- 118 -21 -22 -0036 CITY OF BROOKLYN CENTER LR $312,000 03- 118 -21 -22 -0037 HENNEPIN FORFEITED LAND LR $300 03- 118 -21 -43 -0091 HENNEPIN FORFEITED LAND LR $4•,400 03- 118 -21 -44 -0005 IND SCHOOL DIST NO 281 LR $10,000 10- 118 -21 -13 -0058 HENNEPIN FORFEITED LAND LR $1,300 10- 118 -21 -21 -0034 CITY OF BROOKLYN CENTER LR $63,200 10- 118 -21 -23 -0005 CITY OF BROOKLYN CENTER LR $314,000 10- 118 -21 -31 -0002 STATE OF MN LR $2,500 25- 119 -21 -32 -0019 CITY OF BROOKLYN CENTER LR $4,500 25- 119 -21 -34 -0018 CITY OF BROOKLYN CENTER LR $2,400 25- 119 -21 -42 -0006 CITY OF BROOKLYN CENTER LR $15,500 27- 119 -21 -32 -0004 B.C. METHODIST CHURCH LR $78,000 27- 119 -21 -32 -0098 CITY OF BROOKLYN CENTER LR $17,500 27- 119 -21 -33 -0012 BROOKLYN CENTER EDA LR $21,500 27- 119 -21 -34 -0006 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -34 -0007 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -34 -0015 CITY OF BROOKLYNCENTER LR $20,000 27- 119 -21 -34 -0016 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -34 -0065 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -34 -0066 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -34 -0084 CITY OF BROOKLYN CENTER LR $25,700 27- 119 -21 -42 -0001 CITY OF BROOKLYN CENTER LR $162,000 27- 119 -21 -43 -0072 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0073 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0074 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0075 CITY OF BROOKLYN CENTER LR $24,000 27- 119 -21 -43 -0076 CITY OF BROOKLYN CENTER LR $26,000 27- 119 -21 -43 -0077 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0078 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0079 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0080 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0103 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0104 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0105 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0106 CITY OF BROOKLYN CENTER LR $20,000 27- 119 -21 -43 -0107 CITY OF BROOKLYN CENTER LR $20,000 33- 119 -21 -13 -0112 IND. SCHOOL DIST. NO. 279 LR $18,500 33- 119 -21 -14 -0001 CITY OF BROOKLYN CENTER LR $51,200 33- 119 -21 -43 -0004 METRO AIRPORTS COMMISSION LR $69,300 33- 119 -21 -43 -0005 METRO AIRPORTS COMMISSION LR $327,000 EXEMPT PROP 13 -OCT -2003 (09:57) page 6 of 6 PROPERTY ID OWNER NAME /ADDR PR -TYPE TOT -VALU ------------------------------------------------------------------------------------------------------------------------------------ 27- 119 -21 -34 -0045 C14URCH OF ST ALPHONSUS R $92,800 33- 119 -21 -44 -0004 MORRIS JOSEPH G R $110,200 35- 119 -21 -14 -0013 HEREAN EVANGEL. FREE CHURCH R $149,100 36- 119 -21 -12 -0037 OUTREACH SIX ACRES INC R $117,000 Z S R 15C < *> $2,047,700* 270C $165,270,500* _ � i i CITY COUNCIL MEETING Public Copy City of Brooklyn Center October 13, 2003 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call . 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. September 22, 2003 - Study Session 2. September 22, 2003 - Regular Session 3 September 22, 2003 - Work Session b. Licenses C. Resolution Approving Premises Permit (Renewal) for Brooklyn Center Lions Club to Conduct Lawful Gambling at Earle Brown Bowl, 6440 James Circle North, Brooklyn Center . CITY COUNCIL AGENDA -2- October 13, 2003 d. Approval of Site Performance Guarantee Release/Reductions for the American Legion (6110 Brooklyn Boulevard) and Cross Country Properties, LLC (5000 France Avenue North) e. Resolution Approving Final Plat, EASTBROOK ESTATES f. Resolution Establishing Improvement Project Nos. 2004 -01, 02, 03, and 04, Contract 2004 -A, Northport Area Street, Storm Drainage, and Utility Improvements 8. Appearances a. Brooklyn Center Fire Relief Association Presentation Regarding Contribution for Earle Brown Days Fireworks - Resolution Expressing Recognition for and Appreciation of the Donation from the Brooklyn Center Fire Relief Association for the Earle Brown Days Fireworks -Requested Council Action: - Motion to adopt resolution. b. Paul Hyde, Real Estate Recycling - Update on the Joslyn Development • 9. Public Hearing a. An Ordinance Amending Section 11 -506 of the Brooklyn Center Code of Ordinances Regarding Club Intoxicating Liquor License Investigation Fees -This item was first read on September 8, 2003, published in the official newspaper on September 18, 2003, and is offered this evening for second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 10. Planning Commission Item a. Planning Commission Application No. 2003 -018 Submitted by Dean Gannon. Request for Preliminary Plat Approval to Divide the Townhouse Development at the Northeast Corner of 50 and France into Four Lots and a Common Area so the Units Can be Individually Owned. The Planning Commission recommended approval of this application at its September 25, 2003, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -018 subject • to the Planning Commission recommendations. I CITY COUNCIL AGENDA -3- October 13, 2003 • 11. Council Consideration Items a. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Kathy Wirtanen - Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Henry Dorff -Requested Council Action: - Motion to adopt resolution. C. Proclamation Declaring October 19 -25, 2003, To Be Administrative Services Week - Requested Council Action: - Motion to adopt proclamation. d. Resolution Supporting Three Rivers Park District Implementation of Trails, Greenways, and Parks in the First Tier Communities - Requested Council Action: • - Motion to adopt resolution. e. Resolution Authorizing and Directing the City Manager to Execute an Agreement to Extend Insurance Agent Services - Requested Council Action: - Motion to adopt resolution. f. 2003 City Council Meeting Schedule Amendments -Requested Council Action: - Motion to add Special Session and amend Work Session meeting time on November 17, 2003. g. An Ordinance Relating to the Brooklyn Center Building Code: Amending Brooklyn Center City Code Sections 3 -101, 3 -102, and 3 -103 -Requested Council Action: - Motion to approve first reading and set second reading and public hearing on November 10, 2003. h. An Ordinance Amending ections 11 -604 and 11 -704 of the Brooklyn Center Code g yn of Ordinances Regarding Applications for Intoxicating Liquor Licenses -Requested Council Action: - Motion to approve first reading and set second reading and public hearing on • November 10, 2003. i • CITY COUNCIL AGENDA 4- October 13, 2003 i. Resolution Authorizing the Consent to Proceed with Planning for Development of an Upgraded Radio Communication System with the Intention of Participating in the Regional System and that the Metropolitan Radio Board be Notified of Brooklyn Center's Intention and Request Any State or Federal Financial Incentives that May be Offered -Requested Council Action: - Motion to adopt resolution. j. Resolution Authorizing Audit Services for Fiscal Year 2003 - Requested Council Action: - Motion to adopt resolution. k. An Ordinance Relating to Deer Hunting Within the City of Brooklyn Center for the Purpose of Population Control - Requested Council Action: - Motion to approve first reading and set second reading and public hearing on November 10, 2003. • 1. Fiber Infrastructure Project - Requested Council Action: - Motion to commit participation in Fiber Optic Infrastructure Project with LOGIS and Hennepin County Library. m. Resolution Authorizing Lease for Liquor Store at 69 and Brooklyn Boulevard Shopping Center - Requested Council Action: - Motion to adopt resolution. 12. Adjournment • i City Council Agenda Item No. 7a a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 22, 2003 WEST FIRE STATION CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffman, Director of Public Works /City Engineer Todd Blomstrom, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Council discussed City Council Agenda items 8c Public Hearin Regarding Health Care Facilities g g g g Revenue Bonds, Series 2003; 7e, Resolution Approving Quote and Awarding Contract for 2003 Miscellaneous Concrete Repairs, Improvement Project No. 2003 -14, Contract 2003 -F; 10d, Franchise Fee Ordinances; 8b, WIRTH ADDITION Development Proposal for Holiday Commissary; 8a, An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments and Report on Additional Fees for 2:00 a.m. Closing; and Economic Development Authority (EDA) Agenda items 4a, Public Hearing Regarding the Sale of Certain EDA Owned Property Located at 5900 Emerson Avenue North and 5912 Camden Avenue North in Brooklyn Center, Minnesota, Pursuant to Minnesota Statues, Section 469.012, Subdivision 7 and Section 469.029; and 4b, Public Hearing Regarding Proposed Business Subsidy for Global Hennepin County Properties Project. Councilmember Lasman asked if the Council would be able to see franchise fee billing statements. Assistant City Manager/Director of Operations Curt Boganey informed that he believes that would be possible. Mr. Boganey informed that there was an amendment made in the Ordinance Providing for the Disposition of Land at 69"' Avenue and Shingle Creek Parkway. The land to be conveyed was amended to SPM Construction Company. Councilmember Carmody informed that she would not be voting in favor of the proposed franchise • fees. She believes that residents should be taxed and not asked to pay franchise fees. 09/22/03 -1- DRAFT i I DISCUSSION OF DANGEROUS DOG ORDINANCE OPTIONS • City Attorney Charlie LeFevere discussed the State Law information that he had provided regarding potentially dangerous dogs and dangerous dogs. He informed the Council that if they would like to have an ordinance regarding dangerous dogs they could incorporate some of the State Law language; however, the nature of the laws would not be amendable. Council discussed the difference between the potentially dangerous dogs and dangerous dogs. Mayor Kragness asked for a report on the number of calls that the City is receiving regarding dogs. Councilmember Lasman asked that the responses also be provided with the report. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. At 6:50 p.m. the Council continued its discussion regarding dangerous dogs. Mayor Kragness expressed that she believes the City needs to move on this and have something in the City's Ordinances. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:59 p.m. Motion passed unanimously. City Clerk Mayor 09/22/03 -2- DRAFT • 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 SEPTEMBER 22, 2003 WEST FIRE STATION 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Acting City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Chuck Lenthe, 7007 Irving Avenue North, addressed the Council to inquire about the City's street reconstruction program and ask if the City would be patching areas in bad condition. Public Works • Director /City Engineer Todd Blomstrom discussed that there are updated maps available in the ' p p Engineering Department and discussed that the City is trying to sealcoat as long as there is funding. Mr. Lenthe informed that the area of 70` and Logan Avenue North could use some sealcoating. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 6:50 p.m. 2. INVOCATION Patt Rogich, St. Alphonsus Parish Council Member, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:02 p.m. • 09/22/03 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Acting City Manager /Director of Operations Curt Boganey, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that on September 13 and 14, 2003, she along with other volunteers participated in the plantings of the 5,000 plants delivered at Twin Lake Beach. She wished to express thanks to Wenck Associates, the Department of Natural Resources, and the Soil and Water Conservation District. Councilmember Lasman reported that she attended the Honoring Local Heroes Ceremony at Cross of Glory Lutheran Church on September 11, 2003; the Crime Prevention Meeting on September 17, 2003; and the Deer Task Force meeting on September 18, 2003. She reported that the recommendation from the Deer Task Force should be available the end of October 2003. Councilmember Carmody reported that she attended the Housing Commission meeting on • September 16, 2003; and the Deer Task Force meeting on September 18, 2003. Councilmember Niesen wished to express thanks to the Park and Recreation Commission for providing all the information regarding the plantings at Twin Lake Beach. Mayor Kragness reported that she was one of 70 chosen to be part of an .event that the YMCA is sponsoring to gather people from diverse cultural backgrounds to discuss common interests and concerns. She informed that she attended the Honoring Local Heroes Ceremony at the Cross of Glory Lutheran Church and that this ceremony will be re- televised; and that on September 24, 2003, the Cross of Glory Lutheran Church will be sponsoring a luncheon to discuss mutual concerns with all Pastors in Brooklyn Center. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Motion passed unanimously. 09/22/03 -2- DRAFT • • 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the September 8, 2003, study and regular sessions meeting minutes. Councilmember Carmody abstained. Motion passed. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL Northern Heating and Air Conditioning Inc. 9431 Alpine Drive NW, Ramsey Check Refrigeration 8401 73` Avenue North, Brooklyn Park 7c. PROCLAMATION DECLARING OCTOBER 20 -25, 2003, AS WORLD POPULATION AWARENESS WEEK A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation Declaring October 20 -25, 2003, as World Population Awareness Week. Motion passed unanimously. • 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003 -140 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. RESOLUTION APPROVING QUOTE AND AWARDING CONTRACT FOR 2003 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2003-14, CONTRACT 2003 -F RESOLUTION NO. 2003 -141 Councilmember Lasman introduced the following resolution and moved its adoption: • 09/22/03 -3- DRAFT RA T RESOLUTION APPROVING QUOTE AND AWARDING CONTRACT FOR 2003 MISCELLANEOUS CONCRETE REPAIRS, IMPROVEMENT PROJECT NO. 2003 -14, CONTRACT 2003 -F The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION APPROVING FINAL PLAT, STEEN ADDITION RESOLUTION NO. 2003 -142 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, STEEN ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS AND REPORT ON ADDITIONAL FEES • FOR 2:00 A.M. CLOSING Acting City Manager /Director of Operations Curt Boganey discussed that this ordinance amendment would extend the hours of operation for liquor establishments, establishes a special license, and sets additional license fees. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Chuck Lenthe, 7007 Irving Avenue North, addressed the Council to inquire if this ordinance applies to all liquor establishments. Mayor Kragness responded that only one establishment has considered extending their hours; and that liquor establishments could stay open until 2:00 p.m. if they pay the additional license fee. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -11 Councilmember Lasman introduced the following ordinance and moved its adoption: 09/22/03 -4- D • RAFT • AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. WIRTH ADDITION DEVELOPMENT PROPOSAL FOR HOLIDAY COMMISSARY 1. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH) 2. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF- WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 H AVENUE NORTH 3. RESOLUTION APPROVING FINAL PLAT, WIRTH ADDITION 4. AN ORDINANCE PROVIDING FOR THE DISPOSITION OF LAND AT 69' AVENUE AND SHINGLE CREEK PARKWAY • 5. RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH HOLIDAY STATIONSTORES, INC. Mr. Boganey discussed that these items relate to the proposal for Holiday Commissary and that the Council will be moving each motion separately. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -12 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHEAST CORNER OF SHINGLE • CREEK PARKWAY AND 69 AVENUE NORTH) 09/22/03 -5- DRAFT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember e Niesen. Motion passed unanimously. ORDINANCE NO. 2003 -13 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69T H AVENUE NORTH The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2003 -143 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, WIRTH ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. Mayor Kragness discussed that there had been an amendment to the Ordinance Providing for the Disposition of Land at 69 Avenue and Shingle Creek Parkway and that the Council would be adopting the first reading and setting second reading and public hearing with the amended language of SPM Construction Company. A motion by Councilmember Lasman, seconded by Carmody to approve first reading and set second reading and public hearing on October 27, 2003, of An Ordinance Providing for the Disposition of Land at 69"' Avenue and Shingle Creek Parkway. Motion passed unanimously. RESOLUTION NO. 2003 -144 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH HOLIDAY STATIONSTORES, INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 09/22/03 -6- DRAFT • 8c. PUBLIC HEARING REGARDING HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 - RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) Mr. Boganey discussed that this resolution would give host approval to the issuance of Health Care Facilities Revenue Bonds, Series 2003 (Group Health Plan, Inc. Project) and that the principal amount of the bonds of $85,000,000 to finance or refinance various capital expenditures made by Group Health in approximately nine cities, with Brooklyn Center being one of the nine cities, is recommended for approval. Mary Dyrseth, Briggs and Morgan, addressed the Council to discuss the bonds and inform that the Housing and Redevelopment Authority of the City of St. Paul and the City of Minneapolis will jointly issue the bonds. A motion by Councilmember Carmody, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public • Hearing. Motion passed unanimously. RESOLUTION NO. 2003-145 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS, SERIES 2003 (GROUP HEALTH PLAN, INC. PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2003-017 SUBMITTED BY 1501 FREEWAY, LLC. REQUEST FOR REZONING AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS TO CONVERT THE EXISTING BEST WESTERN HOTEL AT 1501 FREEWAY BOULEVARD INTO A SENIOR CONDOMINIUM COMPLEX 09/22/03' -7- DRAFT 1. RESOLUTION REGARDING DISPOSITION OF PLANNING • COMMISSION APPLICATION NO. 2003-017 SUBMITTED BY 1501 FREEWAY, LLC. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (1501 FREEWAY BOULEVARD). Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 2003- 017 submitted by 1501 Freeway, LLC requesting rezoning and development plan approval through the Planned Unit Development (PUD) process to convert the existing Best Western Hotel at 1501 Freeway P Boulevard into a senior condominium complex. He informed that there had been concerns with the garages in the first site plan reviewed; however, the applicant provided a second site plan to formally address the concerns raised. I Mayor Kragness expressed concern about the people living there being expected to use the restaurant on site if one is provided. Mr. Warren discussed that if the function of a restaurant or food service area is developed, that would have to be decided by the Board of Directors. Councilmember Carmody inquired about the floor plans. Dan Schleck, Attorney representing 1501 Freeway, LLC, addressed the Council to outline the option chosen and informed that the floor plans have not been finalized. Their architect is in the process of reviewing floor plans now. Mr. Warren discussed that the floor plans will come before the Council for approval. • Mr. Schleck informed the Council that staff had provided good recommendations and that the architect has helped with the greenspace for the area. Mayor Kragness expressed she believes it will be important to have gardens with flowers on site. Mr. Schleck discussed that the issue of meal plans will not be a requirement at first and that it may be something they consider at a later time. Councilmember Lasman expressed that she liked Option C and inquired why Option B was chosen. Mr. Schleck informed that they liked Option C also; however, it was more expensive to replace the entire roof and they would like to focus on the interior more than the exterior. Councilmember Niesen inquired about the 15 -foot green strip. Mr. Warren discussed that the green strip is strictly for aesthetics and the visual relief from the parking lots. Mr. Schleck discussed that there will be restrictions on leasing and that the plan is to make that part of the declamation. Mayor Kragness asked what the prices would be for the units. Mr. Schleck discussed that there will be a wide range of prices and values and that a market rate study is in the process to help determine the pricing. • 09/22/03 -8- DRAFT I • Councilmember Niesen inquired why there would only be one access. Mr. Warren discussed that the eliminated access location was not in a good spot and that they may consider another access on the south side at a later date. She expressed that she believes two access points would be nice for residents and emergency personnel. Mr. Schleck discussed that they are not opposed to a second entrance; however, he would like to keep the sense of a single destination. Mayor Kragness questioned if the one access could be widened. Mr. Schleck responded that would be something they could consider. Director of Public Works /City Engineer Todd Blomstrom discussed that he would be reviewing the detailed site plan and that he will review the site with emergency personnel. Councilmember Lasman inquired if all goes well and as planned when this project would take place. Mr. Schleck informed that they would anticipate starting in February 2004 and that one year from now people would be moving in. RESOLUTION NO. 2003 -146 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003 -017 SUBMITTED BY 1501 FREEWAY, LLC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • A motion b Councilmember Lasman seconded Y by Councilmember Peppe to approve first reading and set second reading and public hearing of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (1501 Freeway Boulevard). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING FIREFIGHTER RECOGNITION AND FIRE PREVENTION WEEK OCTOBER 5-11,2003 Mayor Kragness read the Proclamation Declaring Firefighter Recognition and Fire Prevention Week October 5 -11, 2003. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring Firefighter Recognition and Fire Prevention Week October 5 -11, 2003. Motion passed unanimously. 09/22/03 -9- DRAFT 10b. RESOLUTION AUTHORIZING AND DIRECTING THAT BAD DEBTS AND • UNCOLLECTIBLE CHECKS BE WRITTEN OFF I Mr. Boganey discussed that this resolution would authorize writing off $970.61 of bad checks and debts and that the affected accounts receivable accounts would be adjusted appropriately. RESOLUTION NO. 2003 -147 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING THAT BAD DEBTS AND UNCOLLECTIBLE CHECKS BE WRITTEN OFF The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. ORDINANCE AMENDMENTS 1. EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL • AREAS OF THE CITY 2. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREAS OF THE CITY Mr. Boganey discussed the emergency ordinance would create a moratorium for sixty days and the interim ordinance would create a six -month study period. A moratorium would permit the City to consider the impact as well as the appropriateness of different zonings for church development. If the Council adopts the ordinances, the matter would be referred to the Planning Commission for study and recommendations. A motion b Councilmember Niesen seconded b Councilmember Carmo to ad emergency Y � Y Y p g Y ordinance. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 27, 2003. Motion passed unanimously. 09/22/03 -10- DRAFT I • 10d. FRANCHISE FEE ORDINANCES 1. AN ORDINANCE IMPOSING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER 2. AN ORDINANCE IMPOSING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. Boganey discussed that these ordinances would establish a three percent electric franchise fee and a three percent natural gas franchise fee in order to fund the City's street reconstruction fund. The franchise fees would be effective thirty days after the ordinance adoptions. Councilmember Carmody expressed that she has been undecided about imposing a franchise fee. She believes that this is a hidden way to impose a tax on residents and that she would rather see revenue reflected in the tax rate. She informed that she would not be voting in favor of these ordinances. Councilmember Peppe expressed that he understands Councilmember Carmody's concern; however, the big issue is the continuation of the street reconstruction find. Adopting franchise fees will allow • the City to watch and monitor and spreads out to businesses. He would be in favor of these ordinances. Councilmember Niesen questioned if the three percent would be divided by customers. Mr. Boganey expressed that he believes that each individual billed three percent would be of their usage. Councilmember Lasman expressed that she does support the franchise fees. Councilmember Niesen asked why the ordinances do not have in writing that the three percent would be based on usage. Mr. LeFevere informed that it would be equal on all customer classes. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 27, 2003 of an Ordinance Imposing an Electric Franchise Fee on Northern States Power's Operations Within the City of Brooklyn Center. Councilmember Carmody voted against the same. Motion passed. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 27, 2003, of an Ordinance Imposing a Natural Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations Within the City of Brooklyn Center. Councilmember Carmody voted against the same. Motion passed. • 09/22/03 -11- DRAFT 11. ADJOURNMENT • There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:36 p.m. Motion passed unanimously. City Clerk Mayor • 09/22/03 -12- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION SEPTEMBER 22, 2003 WEST FIRE STATION CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 9:03 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: Assistant City Manager /Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. DISCUSSION OF DANGEROUS DOG ORDINANCE OPTIONS Council continued its discussion from the Study Session regarding dangerous dogs. • Councilmember Carmody expressed y xp essed that she would not be favorable of the $50,000 insurance and would like to have a lower annual fee. She would then be acceptable to moving forward with the other options provided. Councilmember Lasman expressed that she does not believe dog owners should be allowed more than one offense. Mayor Kragness agreed. Councilmember Niesen expressed that she would like to have an age limit for dogs set. Councilmember Lasman suggested that regulations should apply after dogs are three months old. Council discussed different scenarios. Mr. LeFevere informed the rules that apply to dangerous dogs and potentially dangerous dogs would first need to be determined by a panel or board and they would consider the circumstances. Councilmember Lasman expressed that she would like to see the restrictions applied and also a clause that would include a fee for those who allow their dogs to run at large more than four times. It was the consensus of the Council to have Mr. LeFevere move forward with preparing an ordinance regarding dangerous dogs. • 09/22/03 -1- DRAFT IDENTIFICATION OF ITEMS FOR OCTOBER 13 WORK SESSION • Mayor Kragness asked if there was anything to be added or deleted to the October 13 Work Session Agenda. Councilmember Lasman informed that she had one minor change to the report from the Council Retreat and asked for a copy of the report. MISCELLANEOUS Mr. Boganey informed that the next Deer Task Force meeting would be September 24, 2003. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the work session at 9:30 p.m. City Clerk Mayor 09/22/03 -2- DRAFT • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 8, 2003 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City rdinance governing respective licenses, submitted appropriate tY g g p applications, and paid proper fees. Licenses to be approved by the City Council on October 13, 2003. MECHANICAL Academy Heating and Air Inc. 9766 Scandia Trail, Forest Lake Ray Welter Heating 4637 Chicago Avenue, Minneapolis Roberts Mechanical Service 1132 60 Avenue, Roberts, WI Seasonal Control, Inc. 6225 Cambridge Street, St. Louis Park Two Sons and a Dad 18580 Elgin Avenue, Farmington . PRIVATE KENNEL LICENSE Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL See attached. SIGN HANGER Sign Source Inc. 14530 Martin Drive, Eden Prairie 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityof brooklyncenter.org RENTAL Renewal: 542470 th Circle North - Mary Turrotte • 081303 Assist Other Jurisdiction w /Arrest 072703 Domestic w /Arrest 061203 Crime Against Family 052303 Driver's License Violation w /Arrest 022103 Suspicious Activity w /Arrest 020403 Assault 011203 Vandalism w /Arrest 5448 Humboldt Avenue North - Francis Kaas 090703 Burglary 012203 Aid and Assist 010503 Suspicious activity 010503 Aid and Assist 010503 Disturbing the Peace 6737 -6743 Humboldt Avenue North (18 Units) - Timothy Keenan 3 Assist Other Jurisdiction 3 Miscellaneous /Other 1 Vandalism 6 Medical 1 Damage to Property 5 Aid and Assist 2 Parking Violation 2 Disturbing the Peace • 2 Suspicious Activity 2 Domestic 2 Theft 5242 Lakeside Place - Brett and Terry Parker No Calls 5601 Lyndale Avenue North - David Theisen 100403 Disturbing the Peace - Unfounded 091903 Disturbing the Peace - Unfounded 082103 Miscellaneous /Other 071203 Disturbing the Peace - Unfounded 071003 Disturbing the Peace - Unfounded 060903 Disturbing the Peace 052103 Animal Complaint 032203 Miscellaneous /Other 7110 Riverdale Road - James Nelson 010803 Suspicious Activity 5340 -44 Russell Avenue North — Fred and Judie Swenson No Calls 6706 Scott Avenue North - Tina Langhans 022203 Auto Theft 111802 Animal Complaint 6845 Willow Lane - David Wagtskjold • 010903 Medical I Initial: 370155 th Avenue North - Vasher Pha 120302 Fire • 5901 Aldrich Avenue North - Scott and Vickie Huber No Calls 5916 Aldrich Avenue North - Jay Prussman 091303 Disturbing the Peace w /Arrest 060503 Medical 042903 Suspicious Activity 5712 Bryant Avenue North - May and Xue Yang No Calls 6605 Camden Drive - Alexander Lakanu (Lexington Group) 082503 Suspicious Activity 122402 Auto Theft 7224 Fremont Avenue North - Steve Jones 072603 Disturbing the Peace 7225 Knox Avenue North - Michael Moren No Calls 6406 Kyle Avenue North - Oluyemisi Olateju 090103 Parking Violation 052103 Animal Complaint 5720 Logan Avenue North - Patricia Bennis 100203 Medical 0 13 103 Disturbing the Peace 7067 Perry Avenue North - Samuel Nwanekpe • No Calls 6221 Shingle Creek Parkway (122 Units) - James Winkels (AMCON) 27 Medicals 1 Sex Crimes 3 Alarms 8 Disturbing the Peace 1 Juvenile 10 Domestics 2 Crimes Against Family 9 Suspicious Activity 10 Aid and Assist 4 Drugs 5 Assault/Domestic Assault 6 Theft 4 Miscellaneous /Other 1 Animal Complaint 2 Parking 5 Assist Other Jurisdiction 3 Burglary 1 Fraud 2 Fire 1 Traffic Violation • 5842 Vincent Avenue North - Christopher Olson No Calls City Council Agenda Item No. 7c i adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION APPROVING PREMISES PERMIT (RENEWAL) FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL GAMBLING AT EARLE BROWN BOWL, 6440 JAMES CIRCLE NORTH, BROOKLYN CENTER WHEREAS, the City Council of the City of Brooklyn Center allows lawful gambling within the City; and WHEREAS, the Brooklyn Center Lions Club has submitted a premises permit application to conduct lawful gambling at Earle Brown Bowl, 6440 James Circle North, Brooklyn Center; and WHEREAS, the Minnesota Gambling Control Board requires a City to approve an organization's premises permit before it will issue or renew the premises permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Brooklyn Center Lions Club's request for a premises permit at Earle Brown Bowl, 6440 James Circle North, Brooklyn Center, hereby be approved. • Date Mayor ATTEST: City 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. • � CNt BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: October 8, 2003 SUBJECT: Brooklyn Center Lions Club Lawful Gambling At Earle Brown Bowl At your request, I have reviewed and found no unlawful activity regarding lawful gambling for the past two years at Earle Brown Bowl or involving the Brooklyn Center Lions Club. Based upon these findings, I find no reason to deny a permit to the Brooklyn Center Lions Club to conduct lawful gambling at this establishment. • If you have any further questions, please let me know. SB:KH • Minnesota Lawful Gambling 6/03 LG214 Premises Permit Application Page 1 of • (see Required Attachments on Page 2) Annual Fee $150 Organization information Organization name Organization license number BROOKLYN CENTER LIONS CLUB B -1834 Name of chief executive officer (CEO) Daytime phone number GLEN PETERSEN (763) 561 -5685 Gambling premises information Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) EARLE BROWN BOWL 6440 JAMES CIRCLE NO City or township County Zip code BROOKLYN CENTER HENNEPIN 55430 Does your organization own the building where the gambling will be conducted? _Yes X No If no, attach LG215 Lease for Lawful Gambling Activity (A lease is not required for raffles.) Gambling bank account information Bank name Bank account number BREMER BANK 7206113 Bank street address City State /Zip code 5540 BROOKLYN BLVD. BROOKLYN CENTER MN 55430 • Address(es) of off -site storage space of gambling equipment related to this site Address (Do not use a P.O. box number) city State/Zip code 5312 NO LILAC DR BROOKLYN CENTER MN 55430 Bingo occasions (including bar bingo) Enter day and beginning /ending hours of bingo occasions (indicate A.M. or P.M.). An occasion must be at least 1 -1/2 hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per week. Day Be ' ning/ nding Hours Day Beainnino Hours to to to to to to to to to to Noon hour bingo Noon hour bingo must be conducted between 11:00 a.m. and 2:00 p.m. on a leased premises which must have a license for the sale of intoxicating beverages on the premises under chapter 340A. Check the day(s) that noon hour bingo will be conducted. • _Sunday _Monday Tuesday _Wednesday Thursday _Friday _Saturday LG214 Premises Permit Application Page 2 of Data Privacy 6/03 • The information requested on this form (and any attachments) your premises permit. When the Board issues your premises will be used by the Gambling Control Board (Board) to permit, all of the information that you have provided to the Board in determine your qualifications to be involved in lawful gambling the process of applying for your premises pemiitwill become public activities in Minnesota, and to assist the Board in conducting a except for your social security number, which remains private. If background investigation of you. You have the right to refuse the Board does not issue you a premises permit, all the information to supply the information requested; however, if you refuse you have provided in the process of applying for a premises permit to supply this information, the Board may not be able to remains private, with the exception of your name and address determine your qualifications and, as a consequence, may which will remain public refuse to issue you a premises permit If you supply the information requested, the Board will be able to process your Private data about you are available only to the following: Board application. members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public This form may require the disclosure of your social security Safety; the Minnesota Attorney General; the Minnesota number. If so, your social security number will be used to Commissioners of Administration, Finance, and Revenue; the determine your compliance with the tax laws of Minnesota. Minnesota Legislative Auditor, national and international gambling Authorization for requiring your social security number is regulatory agencies; anyone pursuant to court order; other found at 42 U.S.C. 405 (c)(i). individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and Your name and address will be public information when agencies for which law or legal order authorizes a new use or received by the Board. All the other information that you sharing of information after this notice was given; and anyone with provide will be private data about you until the Board issues your consent. Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board_ is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; • 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; S. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in oc the :lr rev 0 atip7 th license. Al z 7 d63 Signature of Chief Executive off r (Designee may not sign) Date J ( Print name � L e 0 o C-1 Required Attachments 1. If the premises is leased, attach a copy of your lease. NOTE: There is a monthly regulatory fee of 0.1 Use form LG215 Lease for Lawful Gambling Activity. (.001) of gross receipts from lawful gambling 2. Attach the resolution from the local unit of government conducted at the site. The fee is reported on (city or county) which shows approval of your application. the G1 Lawful Gambling Monthly Summary and 3. For each premises permit application, a $150 annual premises Tax Return and paid with the monthly tax permit fee is required. Make the check payable to the "State of Minnesota." re p ort Questions? Call the Licensing Section of the Gambling Control Mail the application with attachments to: Board at 651- 639 -4000. If you use a TIY call the Board Y by using Gambling Control Board 1711 West County Road B, Suite 300 South the Minnesota Relay Service and ask tp place a call to 651-639 - Roseville, MN 55113 4000. • This form will be made available in alternative format (i.e. large nt. RraiIIP nnnn request Minnesota Lawful Gambling LG2'15 Lease for Lawful Gambling Activity Pa 1 6 x°2 Name of legal owner of premises Street address _ - . Ciiy Slate ZP Daytime phone AMF Bowling Centers 8100 AMF nR. Merhanio_s`dAle VA 23111 (804) 730 -4342 • Name oflessor Streetaddress state —'-- (If same as legal owner, write in "SAME") Cdy ZIP Daytimephone "SAME Name of leased premises Street address city ZIP Daytime phone EARLE BROWN BOWL 6440 JAMES CIRCLE NO BROOKLYN CENTER MN 55430 (763)566 -6250 Name of lessee (organization leasing the premises) O � BROOKLYN CENTER LIONS CLUB0rt license number Daytime phone B - 1834 (763) 560 - 0273 Rent Informati (for activity involving pull -tabs, tipboards, paddlewheels, and pull -tab dispensing devices) Booth operation - sales of gambling equipment by an employee (or Bar operation - sales of volunteer) of a licensed organization within a separate enclosure that is gambling equipment within a leased distinct from areas where food and prey by employee of the lessor from a common area where beverages are said. rood and beverages are also sold. r ----- -- - - - - -- ______ Does your organization OR any other organization conduct gambling L — — — — — — — — from a booth operation at this location? X Yes No --------- - - - - -- _.J If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: - Booth operation based on the following combinations of operation: ulF tab di - Bar option Booth operation and P dispensing device - Bar operation with pull -tab dispensing device - Booth operation and bar operation - Pull-tab Pull -tab d Booth operation, bar operation, and pull -tab dispensing device spensing device only The maximum rent allowed may not exceed $1,7,0 in total The maximum rent allowed may not exceed $2,000 in per month for all organizations at this premises. total per month for all organizations at this premises. Complete one option: Complete one option: Option A: 0 to 10% of the gross profits per month. Option A: 0 to 20% of the gross profits Percentage to id % 9 P per month. See page Z Percentage to be paid % • Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per Y paid. month, $0 to $400 per month may be paid. Amount to be paid $ $200 per month may be d. Amount to be paid $ Option C. $0 to $400 per month may be paid on the first $4,000 Option C: $0 to $200 per month may be paid on the first $1,000 Of gross profit Amount to be paid $ . Plus 0% to of gross profits. Amount to be paid.$ . Plus 0% to 10% of the gross profits may be paid per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % over $1,000. Percentage to be paid % NOTE: If there are any other tens or conditions for rent-related expenses, they must be identified on page 2 under Admowledgment of Lease Terms. Bingo and /or Bar Bingo Occasions Rent Information: Bingo Rent for bingo and all other gambling activities conducted during a bingo occasion may not exceed: Noon Hour Bingo Occasions • $200 per occasion for up to 6,000 square feet Rent may not exceed $25 per day for noon hour • $300 per occasion for up to 12,000 square fleet bingo conducted between 11 a.m. and 2 p.m. at a • $400 per occasion for more than 12,000 square feet premises with a license for the sale of intoxicating • $25 per occasion for bar bingo conducted at any time in a beverages on the premises. bar (regardless of square footage). Your organization must conduct another form of lawful gambling, and the premises must serve intoxicating liquor or 3.2 percent Rent to be paid per bingo occasion $ malt beverages. Rent to be paid per bingo occasion $ Amended If this is an amended lease showing changes occurring during the term of the current premises permit, both parties Lease that signed the lease must initial and date all changes. Changes must be submitted to the (ambling Control Board Only at least 10 days prior to the change. Write in the date that the changes will be effective __/ Lessor Date Organization Date • LG215 Lease for Lawful Gambling Activity 6/03 Page 2 of 2 Lease Term - The term of this lease agreement will be • The lessor, the lessor's immediate Parry and concurrent with the premises permit issued by the Gambling employees , any agents or • Control Board (Board). P oY� of the lessor will not rma�mrire the organization m perform any action thatwould violate statute or rule, Management of Gambling Prohibited - The owner of the - If there is a dispute as to whether any of these lease provisions premises or the lessor will not manage the conduct of gambling have been violated, the lease will remain in effect pending a final at the premises. determination by the Compliance Review Group (CRG) of the Gambling Control Board. Participation as Players Prohibited -The lessor, the lessors • The lessorshall not moldy or terminate this lease in whole or in immediate family, and any agents or gambling employees of the part due to the lessor's violation of the provisions listed in this lessor will not participate as players in the conduct of lawful lease. gambling on the premises. Illegal Gambling Arbitration Process - The lessor agrees to arbitration when a • The lessor is aware of the prohibition against i violation of these lease provisions is alleged. The arbitrator shall be in Minnesota Statutes 609.75, and the 1 9a�g the CRG. penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart3. Access to permitted premises - The Board and its agents, the • To time best of the lessor's knowledge, the lessor affirms that commissioners of revenue and public safety and their agents, and any and all games or devices located on the premises are not law enforcement personnel have access to the permitted premises being used, and are not capable of being used, in a manner at any reasonable time during the business hours of the lessor that violates the prohibitions against illegal gambling in Minnesota Statutes 60935, and the penalties for illegal The organization has access to the permitted premises during any gambling violations in Minnesota Rules 7861.0050, Subpart 3. time reasonable and when necessary for the conduct of lawful • Notwithstanding Minnesota Rules 7861.0050, Subpart3, an gambling on the prermise& organization must continue making rent payments, pursuant Lessor records -The lessor shall maintain a record of all money to the terms of the lease, if the organization or its agents are received from time organization, and make the record available to found to be solely responsible fir any illegal gambling conducted the Board and its agents, and the commissioners of revenue and at that site that is prohibited by Minnesota Rules 7861.0050, public safety and their agents upon demand. The record shall be Subpart 1, or Minnesota Statutes 609.75, unless the maintained for a organization's agents responsible for the illegal gambling Period of 3-1/2 years activity are also agents or employees of the lessor. Rent all-inclusive - Amounts paid as rent by the organization • • The lessor shall not modify or terminate the lease in whole or the lessor are all- inclusive (except bingo rent).. No other rm es servic in part because the organization reported to a state or beat provided or contracted by the lessor may be paid by the law enforcement authority or the Board the occurrence at the organization, including but not limited to trash removal, janitorial site of illegal gambling activity in which the organization did not and cleaning services, snow removal, lawn services, electricity, pattiropat F heat~ security, security monitoring, storage, other utilities or Other Prohibitions services, and in the case of bar operations, compensation for cash • The lessor will not impose restrictions on the organization with shoe. Any other expenditures made by an organization that is respect to Providers (distributors) of gamblin rated to a teased premises must be approved by the director of and services or in the use of net profits for lawful pu�rpequ pment the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Tenns All obligations and agreements are contained in or attached to this lease. I affirm that the lease information is the total and only agreement between the lessor and the organization. Thee is no other agreement and no other consideration required bebNeen the Parties as to the lawful gambling and other matters related to the lease. apy changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the dmano -. The Brooklyn Centr Lions Club agrees to.Day Other Terms or conditions: Rarl e Rrntm 0 AW Cor n. t ,1 .000.00 ner month rent if iustified by Gross Profits at the end of the month. Not to exceed $ 12,000.00 per year Either Party may to Slg inate his Lease with 30 Days Notice. nayf lessor / Da� nature of organization official (Lessee) Date Print �,,ndtiWfj,;ofle=r Print name and title of lessee Questions on this form should be directed to the Ucenging Section of the Gambling Control Board (Board) at 651 - 6394000. This publication will be made available in alternative foment (.e. large print; Braille) upon request If you use a TiY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651 - 639 -4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with • Minnesota stabiles and rules goveminq lawful gambling activities. • City Council Agenda Item No. 7d • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zonin g S ecialist SUBJECT: Site Performance Guarantee Release/Reduction DATE: October 8, 2003 The following site performance guarantees being held by the City for completion of various site improvements should be recommended to the City Council for release or reduction as the case may be: 1. Duoos Brothers American Legion Post 630 (6110 Brooklyn Boulevard) Planning Commission Application No. 2001 -013 Amount of Guarantee - $9,000 (Performance Bond) Obligor — Duoos Brothers American Legion Post 630 All of the site improvements and conditions of approval for which a performance guarantee was posted associated with the relocation of the Duoos Brothers American Legion Post to the former Burger King site have been completed. The landscaping installed has proven viable, repair to the • masonry screen wall on the east property line has been completed and the trash container is properly screened. It is suggested that the Legion trim some of the dead wood from the existing landscaping. It is recommended that the City Council authorize release of the $9,000 performance bond posted based on completion of the project. 2. Townhomes (5000 France Avenue North) Planning Application No. 2003 -002 Amount of Guarantee - $12,000 (Cash Escrow) Obligor — Cross Country Properties, LLC All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 2003 project. The project involved the development of a four unit townhome complex at the northeast corner of 50 and France Avenues North. An as built survey has been submitted to the Engineering Department showing utility locations. New landscaping was recently installed, as was an underground irrigation system. It is recommended that the City Council authorize reduction of the $12,000 cash escrow to $2,000 to assure viability of the recently installed landscaping through the winter months. • • City Council Agenda Item No. 7e MEMORANDUM Cyn °f BROOKLYN CENTER DATE: October 7, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Final Plat, EASTBROOK ESTATES On August 25, 2003 the City Council approved Planning Commission Application No. 2003- 014, Preliminary Plat for EASTBROOK ESTATES, subject to the conditions recommended by the Planning Commission. Eastbrook Properties, LLC is now seeking final plat approval to subdivide the lot at 711 69 Avenue North into six single family lots, an outlot, and street right - of -way. A subdivision agreement has been prepared and submitted to the City Attorney for review. These documents will be completed and executed to the satisfaction of the City Attorney before the final plat is released. It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, EASTBROOK ESTATES WHEREAS, the City Council on August 25, 2003 approved a Preliminary Plat for EASTBROOK ESTATES to subdivide the lot at 711 69 Avenue North into six single family lots, an outlot and street right -of -way; and WHEREAS, Eastbrook Properties, LLC has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for EASTBROOK ESTATES is hereby approved, subject to the following conditions: 1. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 2. Any additional requirements for providing a subdivision agreement and evidence of title satisfactory to the City Attorney. • 3. Any additional requirements of the City Engineer. 4. Any additional provisions of Chapter 15 of the City Ordinances. 5. Any other conditions of Hennepin County as required. Date Mayor ATTEST: City 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. • EASTBROOKOSTATES 1C.R. DOC. N THO 5 c0h - Rnh - 77ON 2 M — ','j ADD,710-y H.w� —A I s� M-nlw-p w .-§97H AVENUE NORTH-, 150.47 sos-Irav IW41 ft1r--=dk 1 I MG si Q 2 • GRAPHIC SCALE LANK IPRTH 2m- -Y 1b --------- - --- 1 --wo V um" ------ - T i t : , �. =Wt �M � "� m , I 2 am co a IM �R 2 11"a I �,b t 068TH AVENUE 0 By a--jz — — — — — — — --- T MIDWEST Land Surveyors & Civil Engineers, Inc. EA S TBR 0 0I*S TA TES GRADING, DRAINAGE AND EROSION CONTROL PLAN IN THE CITY OF LOCA77M. 71l 6911 A-- N lh &-k" Gn /SF MN 55430 BROOKLYN CENTER, MINNESOTA OWNER AND WIBROOK PROPERMS, LLC Tiy' ^ (; (, J iZci:. J:()iy SUBDMDER: 7224 C~- A— North GRAPHIC SCALE 1 - ----- L 'A "' ::t):)i Ti' Pi (651) 653 -2272 Brooklyn Gaoler, MN 55430 - - -� - -- -- •' - - - -- e a a SURVEYOR ANO ARd-I Land S—y- 5 69T DESCNER: s un E In. YENU,, -OILTH - w� - — -- - -'r ' - E:wn RFit _ •L - - - 710 £aa/ Ri- Road • ° ° � 712 -9 - - s M Mn. 09 9 $ � aMT - a �\ y _ (76J) 09 r ;b r,a - a PoN.r« c rUr Barr I 850.0 a„ , y' ,, 47.0 - -fm -- Does]« ]o r e cane:. hw.d I , ; .• � '' 1 p : ; i 'y�M - i I , D D«ee« rt91:r Pa. - -- �D, Darer« ro,w. Pew i / / �Yal -- u i _.,.. w I �^•'wvv'- "'��+r'r' t9 orer« �,• Awa.w _ - - - ___-/ 1 r Z 3 p EROSION CONTROL AND J I• - - - -- RESTORATION SCHEDULE - � - Owwr« Aqn \ \ . 1 , I ' 1 2 NSRI 9R' wAORW ® Orn.e« seaNr Sseer uau:.r. 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"f;: \ (� t :.•.'.iy.•}....•,Es- .yy S7;e•• 1� �, r {14:: y; t`',y 3 f } ;' • l., :�+ s1i tti'a•.:•... ii < 3rti'`w�•!.•t� _ .� >,.� _a....lr' . �:.�. rrr.!r�:• -4: "; ;,•r • V ,1 �1�11 .;3; ' � � .:.::: e t:a'" •t'y.a: �- r++ •• �.i/1�+ �„ ; t„. � } �iCF�.t� , .r ` �f • Y��;',[.•a:', cd :S' t'. t• n :.:. r'. a t.t A A % -SA jW > w zt �/ d LO w I bM T .�.- 3 c LO I EsiwnH 0 .."y�.rc+xw�H�v { pnntz � x,Kx � � z •, .,,t '„, " ,"�"C+ }, x "K✓ ,G '- : r'-..,^.. ^ ', f r sx,.�3 t^ ' X *. ^. w * „np'.�.{ �` ; '� N —s"c - c- " - '",� ..., "^ -'SEi T'T r+�'Fa �Y ^ -'€`; ,i, "�_as o , r75 a t z 'b. .�, j;�, a., -�� 17 " t� <' �.,- °.- ' �` �r� � �$ rt.� a;o �, _•,, } 'i �., x - 'rte .,�T3 '♦ � „ t�,.a.,, =.- i '� i ,y' e � ar_ye �.c a.; }c, r . 2 im K a- "L*' ' ^n•. , .� jt, r r y .�»v x rc i hL,.:, d ist `Sims t ' z #' tj .. 5 �� " � wi'.}�`kf` +.w in r ^ "�` '�'�o� • 6 m�z � "' w4eG yr �"��' ? - � '�� ` "'"' � # � ' � � v �" ' L � `k � .�i� [€[ r- :+. x .yx �'��.. ?h. , ys„ 4 , y,t' "" g A . t , N aM # `� �`� 44, } r e : rim a - tz 4 h t City Council Agenda Item No. 7f MEMORANDUM BROOaly of KLYN CENTER DATE: October 7, 2003 TO: Michael McCauley, City Manager 1 FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Establishing Improvement Project Nos. 2004 -01, 02, 03, and 04, Contract 2004 -A, Northport Area Street, Storm Drainage, and Utility Improvements In 2004, the city will be entering the 11 year of its long -range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's infrastructure. This has included the rebuilding of streets with new bituminous pavement and concrete curb and gutter, replacement of aging and deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic control improvement. In accordance with the 5 -year Capital Improvements Program (CIP), an area referred to as the Northport Area Neighborhood has been programmed for improvements in 2004 (see attached map for specific street locations). At this time, it is being requested that the City Council establish this 2004 improvement project so that initial preliminary and investigative engineering work may occur. The Northport Area project consists of approximately 2.3 miles of streets and utilities. Significant utility problems have been noted within this portion of the City, including difficulty maintaining chorine levels in the water distribution system and root intrusion in the sanitary sewer collection system. These issues would be addressed through design modifications to the utility systems and replacement of sewer and water pipes with modern pipe materials. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of notification of all affected property owners; surveys; at least two public informational meetings; and an extensive amount of information and data collection and gathering. Initial design also includes detailed technical survey work, underground infrastructure inspections and assessments, and soil/geotechnical investigations. Council Action The action requested of the City Council at this time is therefore to establish the proposed 2004 Northport Area Street, Storm Drainage, and Utility Improvement Project so that initial field work and data gathering can commence. Upon authorization by the City Council, the following actions would take place: • Data Collection, including field surveys, traffic counts, and review of maintenance records. • Complete request for proposals (RFP's) for televised inspections of the sanitary sewers and soil /geotechnical investigations. • Conduct an initial public informational meeting in November to present initial findings to the neighborhood, and to gauge public interest in the improvement projects. Special attention is given to specific neighborhood concerns, such as preservation of boulevard trees. • Prepare a Feasibility Study and Report for review by the City Council. The City Council would then consider setting a date in February for a project hearing. Table 1 below summarizes the progress to date for the Neighborhood Improvement Program. The City has approximately 106 miles of streets, including 21 miles of MSA streets and 85 miles of local streets. Table 1 Street and Utility Project Mileage Local MSA Total Year Street and Utility Projects (Miles) (Miles) (Miles) 1994 Northwest; James /Knox,53` to 55th 1.67 0.25 1.92 1995 Woodbine; Freeway Blvd., Humboldt, 69 to 73rd 2.73 1.97 4.70 1996 Orchard East; 69 Logan, James, Knox/57th; 5.59 2.08 7.67 Xerxes /53rd 1997 Orchard West; France, 69 to 73rd 4.81 0.5 5.31 1998 Bellvue; Lee /68' James /67 John Martin Drive 3.22 0.77 3.99 1999 Southeast; Earle Brown Drive; 66 /Camden 4.27 0.44 4.71 2000 Garden City Central; 73` Humboldt to Camden 3.25 0.94 4.19 2001 Garden City North; Halifax/Grimes /France 3.52 - 3.52 2002 Garden City South; Southwest Area; France Avenue 4.81 2.07 6.88 Conn. 2003 Happy Hollow 1.62 - 1.62 2004 Northport Area 1.55 0.75 2.30 TOTAL 37.04 9.77 46.81 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2004 -01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City's Capital Improvements Program identifies specific streets for proposed infrastructure improvements in 2004; and WHEREAS, the City Council has reviewed the scope of proposed improvements for 2004 in the Northport Area Neighborhood; and WHEREAS, the City Council desires to begin the process of information gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2004 -01, 02, 03, and 04, Northport Area Street, Storm Drainage, and Utility Improvements, are hereby established. 2. Staff are directed to begin field work, contact property owners in the neighborhood and obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3. Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Televising $ 5,000 Geotech & Prelim. Surveys $35,000 Estimated costs $40,000 REVENUES AMOUNT Sanitary Sewer Utility Fund $ 7,200 Water Utility Fund $10,400 Storm Sewer Utility Fund $ 5,600 Street Construction Fund $16,800 Estimated Revenues $40,000 • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. / — BRpOK�YN X101 —L�RTHPCIRT UR--� SEW' / MOM m I „4 m e o n N M1 F x �F � � -- - -. -�� may+ 4 .�E. °F : at �.. ?x `.< y „•3` ` " „ s$,, , _ „ �qpy�� „a�:�w'g; g � °x X ? > Y'”. �� ,`Si3.. `?i,' x "�'•n • ra L:`Y VVI YY1 Z {„ V� a; .. .. jo; ?� fr'Y `�'�r'.w' ��n� .$�a�'�i $ ...rF'.�� d .,x. p L is <. •. ° x'X �'F ,£`�'.�: �>*Y"* , N'�3 t°y' , ° i �' ^ �"•.>;,� • : "' z "„�x =' + `'.� F ».�; a > `': , / ...... . ", '"`t'ya:,,.. -. : < "'- °$'�+:. :,; ^`� „ �p3.'x ;✓:;P� �JA'L '�a.;�.. "'•.fi �<�c, '�� r: ^ :::' Y X 4 > g F .:q:. '.rG;+'x. .."a 1 •Y..S a.. y,. ,.._.. x �.r .�'.: ::ya: . <S.n ?4 '., a¢re s <, ^ .r. F' , " N � 3 13 b Ud N Id H 09 CD 7 NWtl City Council Agenda Item No. 8a Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION FOR THE EARLE BROWN DAYS FIREWORKS WHEREAS, the Brooklyn Center Fire Relief Association in a time of budget issues made a donation of $8,000 to help with the Earle Brown Days fireworks; and WHEREAS, it is appropriate that the donation be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Fire Relief Association be and hereby are recognized and the appreciation of the City Council is hereby extended to them for their donation. Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 8b i There are no materials for this item. • City Council Agenda Item No. 9a Office of the City Clerk City of Brooklyn Center • A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager ./ ,,,,�( FROM: Sharon Knutson, City Clerk ' vim' "' �' DATE: October 7, 2003 SUBJECT: Public Hearing: An Ordinance Amending Section 11 -506 of the Brooklyn Center Code of Ordinances Regarding Club Intoxicating Liquor License Investigation Fees At its September 8, 2003, meeting, the City Council approved first reading of An Ordinance Amending Section 11 -506 of the Brooklyn Center Code of Ordinances Regarding Club Intoxicating Liquor License Investigation Fees and scheduled second reading and Public Hearing for October 13, 2003. Notice of Public Hearing was published in the City's official newspaper, Brooklyn Center Sun -Post, on September 18, 2003. • If the City Council adopts the ordinance, the ordinance will become effective on November 22, 2003. Attachment: 1. An Ordinance Amending Section 11 -506 of the Brooklyn Center Code of Ordinances Regarding Club Intoxicating Liquor License Investigation Fees 2. Memo dated September 4, 2003, that was included in the September 8, 2003, City Council agenda packet • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityof brooklyncenter.org • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of October, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Section 11 -506 Regarding Liquor License Investigation Fees. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 11 -506 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE INVESTIGATION FEES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -506 relating to club intoxicating liquor licenses is amended as follows: Section 11 -506. LICENSE FEES. • Subdivision 7. An investigation shall be made of the application for an "on- g pp sale club" license [, however no fee shall be charged for the investigation]. The club shall [, however,] notify the City Manager's designee within 30 days of any change of manager or officers of the club and submit a personal information form on the new individual(s). Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • Office of the City Clerk City o f Brooklyn Center is Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk "11 DATE: September"4, 2003 SUBJECT: An Ordinance Amending Section 11 -506 of the Brooklyn Center Code of Ordinances Regarding Club Intoxicating Liquor License Investigation Fees On August 11, 2003, the City Council adopted Ordinance No. 2003 -09, An Ordinance Amending Chapters 11 and 23 of the Brooklyn Center Code of Ordinances, Relating to Liquor Licensing and General Licensing Regulations. The purpose of the amendment was to provide a reasonably consistent process for administering all license applications. In Section 11 -506, subd. 7, regarding club intoxicating liquor license investigations, language that should have been stricken was inadvertently overlooked in the review process. The attached ordinance amendment removes the inconsistent • language. If the City Council approves first reading of the ordinance, the second reading and public hearing will be held October 13, 2003. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org I• City Council Agenda Item No. 10a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning SpWialist C(� J , Subject: City Council Consideration Item - Planning Commission Application No. 2003- 018 Date: October 8, 2003 On the October 13, 2003 City Council Agenda is Planning Commission Application No. 2003- 018 submitted by Dean Gannon requesting Preliminary Plat approval to divide the towhouse development at the northeast corner of 50th and France into four lots and a common area so the units can be individually owned. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -018 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's • consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their September 25, 2003 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • • Application Filed on 9 -4 -03 City Council Action Should Be Taken By 11 -03 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -018 Applicant: Dean Gannon Location: 5000 France Avenue North Request: Preliminary Plat The applicant, Dean Gannon, is seeking preliminary plat approval to divide the townhouse development located at the northeast corner of 50'' and France Avenue North into four lots and a common area so the units can be individually owned. The property under consideration is a single lot, addressed as 5000 France Avenue North, zoned R -4 (Multiple Family Residence) and currently contains four attached townhomes. It is bounded on the north by R -1 zoned property containing a single family home; on the east by R -4 zoned property containing a multiple family dwelling; on the south by 50' Avenue North with I -2 (General Industry) zoned property housing various industrial uses on the opposite side of the street; and on the west by France Avenue also with I -2 zoned property and uses on the opposite side of that street. The proposal for this townhome development was approved by the City Council under Planning Commission Application No. 2003 -002 on February 10, 2003. • Construction of the townhomes has recently been completed and the owners wish to have the ability to sell the individual townhomes separately. The proposed plat, to be known as the 5000 France Avenue Addition, would create four lots (Lots 1, 2, 3 and 4) each of which would be 27.33 ft. by 56 ft. (1,531 sq. ft.) and a common area (Lot 5) of 13,851 sq. ft. The property lines would separate each of the units along the common walls. The four townhome lots would contain some land area both east and west of the units themselves. Most of the driveways serving the units would be part of Lot 5 (the common area). Each of the owners of Lots 1 through 4 would own an equal interest in the common area, which would be controlled by the association documents which would be filed as a Declaration of Covenants and Restrictions with the title to the property. These documents should be reviewed and approved by the City Attorney prior to final plat approval. Density for this townhome site is the same whether the units are owner occupied or not. Density is based on the overall site including the units and common area and was reviewed at the time the development was approved. Townhomes are required to have 5,400 sq. ft. of land per dwelling unit or, in this case, 21,600 sq. ft. of land. The applicant at the time of site and building plan approval was granted a density credit of 1,000 sq. ft. per unit for having tuck under garages per Section 35 -400, Subdivision lb of the Zoning Ordinance. A total of 17,600 sq. ft. is, therefore, required for this development. • Page 1 9 -25 -03 • The Public Works Director /City Engineer is reviewing the preliminary plat and will be offering written comments for the Commission's review. He will be requesting that a sidewalk lying over the very southwest corner of the site be dedicated as part of the street right of way. This will reduce the overall area of the plat by less than 200 sq. ft. Also, he will be requiring a 5 ft. drainage and utility easement along the east, or rear property line and a 5 ft. easement along the west property line. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. R1ECQM ,NT)ATTnV This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions: �t 1. The finial plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall dedicate for right of way purposes a triangular area of approximately 15 ft. by 15 ft. at the southwest corner of the site as required by the City Engineer. This dedication shall be shown on the final plat. 4. A 5 ft. wide drainage and utility easement shall be provided along the east and • west property lines and shall be shown on the final plat. Page 2 9 -25 -03 n 3. C l , j`^ � �A lt�� ■ -;� -= �::,:-:�•F ';: - -:;� Su t� t-• lr•11 _ Y - , ,��, r 1 Il C T. 'h• c N N _I , OAK STN 1 5000 FRANCEAVENUE z 51ST AVE N ADDITION m < z m z I z SITE j / 50Th AVE N 60TH AVE. N. BROOKLYN CENTER, MINNESOTA 9!VTNffY YAP CROSS COUNTRY PROPERTIES t • Avu'rivine John Oliver & Associates, Inc. m" CASE [NESM Land °Y �vW NEVIBFD / 2781 Prseway Boutetrapd, BrooklyA denter, Minnesota 65430 763 -533 -7686, Pax 763 -533 -1837 Land Plarea�SnB 0 ea {n: Brooks L' ffKs yn enter, Buntelr<ila and Elk Rtver, Minnesota OF 1 hereby � that We gory .pwnoasn, ar a report ea b der my dreot er*w%%Wn and Duet I an a duly U aad 1 Load se er , , aadr mt a. of M. nbd.a e =&** -ULM + way. .. f•a OOh6ftlia Ns cm a I I • • -------------- - - - - -- --------- - - - - -- - - - - - -~ l�to�x� t — - - -- r - - -- --------- - - - - -- - I i � 1 ' CE • , -� i ' s / I rd g � Y I sq s . & ', $ >1— El t � 0 os ' E i E 0 i Q I � ' 0 0 0 C -------- - - - - -- • j I i �`'_,. ,;ate ,. --k > '" per. 71 i I I ii llll KE 1 1100 iJJ 2I1V I nvvl1 W I I I I I I $ I I I I I I I I I I I I i I i I I I I I s I I I 1 I I I I I Ii ¢ L------------------- I--------- L--- - - - - -- I 1 I I I ' III r---------------------------- I � I fill It a 1 1 I 1111 8 J il l ! • �3g Q �e••er•rrerwu•.s.uwiw, •,sm ' nesusN •r. \N 5000 FRANCE AVENUE ADDITION ��'� "'°"'° " ° °°°°' ^"°'°^`°" IJ P�µ CWtt rrga»erWt••d blww.yvyLvW Plsmdro •a srla••h W»evm`•i•rwa GNMWN BN rs BROOKLYN CENTER, MINNESOTA ccpan W R FOR \ seal r... s NN . . m . . ww•q,„ C.,.rn NN Ssgo lE7CT fllE: W CROSS COUNTRY PROPERTIES n "� "' " 11d i n"� °' - "" Far F EXISTING CONDITIONS PLAN ofA. � — xa .. "" `•'° � w°uw. 1. mf .w, GBr< a .4.emr. b • ---------------------------------------------- - - - - -• ofYL MKY�tp . KY �' KN'4v sane FRANCZ 1 APIs. N. - - - -� -- A'l) - - faaae - -- --- --- -�- --- ----- -- - --- O O D E D I Via —_— -- _ -_ - -� '_—°--------------- I � L T l I I I I LAKE " 2 1 Q u I ADDITION p • 1 � 1 e e 1 ° I I I I I 1 I 1 I n 9 $l is I � ff g o •� �� _ • osaars � F ` IN jo[ln . / . fOC � r- w «err Oar w. > IGN BY' llfty TE DESCR Mw,)<1N `W 5000 FRANCE AVENUE ADDITION DES mwn... w.wwpm.uwrnn �. I maim PRE.0- ft sUBwn- BROOKLYNCENTER,MINNESOTA a.rc � •�rw..a.B °1e1 i '°"" 1oi in0 °1t1Yni arECRED er Av n ewr..� w /t0 uar..arw...wruxD SURVEYOR lT8, n. �\ FOR: r7A " ttn,.n rN 6— uwr �w�p dM.so� 0*0 ME! W (ful na -fnr. •.r pnl raa -usf ��q CROSS COUNTRY PROPERTIES Bry y a Z tr,�,Ii FaEND. o PRELIMINARY PLAT f ,•m�n.� .. �.� ». .n»,•.� rxa`r wq..r u O /f�n..n tlt RWrt. DurvWW ; mW Orosttyn Cnrfw. Yinvnm I DNa: MUW R, W 12202 . MEMORANDUM XBrEx DATE: September 19, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat, 5000 France Avenue Addition The Preliminary Plat titled 5000 France Avenue Addition was reviewed for engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. Sheet 1, Title Sheet, dated September 2, 2003 2. Sheet 2, Existing Conditions Plan, dated September 2, 2003 3. Sheet 3, Preliminary Plat, dated September 2 2003 The following comments and recommendations are provided for your consideration. • 1. A small portion of the bituminous trail along 50 Avenue crosses onto Lot 5, Block 1 at the southwest comer of the property. A sidewalk easement for this trail is not on record with the City Engineering Division. The trail area within the lot must be dedicated as right -of -way or a sidewalk easement must be established and recorded along with the final plat. The right -of -way or sidewalk easement dedication must extend from the southwest property comer to a minimum of 1 -foot beyond the outside edge of the existing trail. This area consists of approximately 110 square feet. 2. The Existing Conditions Plan appears to show that the water service curb stops for the existing buildings were installed outside of the France Avenue right -of -way. A 5 -ft wide drainage and utility easement shall be established along the western property line. 3. Overhead electric lines are located 3 feet east of the eastern property line. A 5 -ft wide drainage and utility easement shall be established along the eastern property line. 4. A certified abstract or registered property report must be submitted along with the final plat application. • G:1Depts\Public WorksEngineering\Development & Planning15000 France Ave AdditionTrelim Plat Review.doc • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 25, 2003 STUDY SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Graydon Boeck and John Whitehead were absent and unexcused. APPROVAL OF MINUTES — SEPTEMBER 11, 2003 There was a motion by Commissioner Newman, seconded by, Commissioner Rahn, to approve the minutes of the September 11, 2003 meeting as submitted. The motion passed. Commissioners Erdmann and Reem abstained as they were not at the meeting. CHAIR'S EXPLANATION • Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003 -018 — DEAN GANNON Chair Willson introduced Application No. 2003 -018, a request from Dean Gannon seeking Preliminary Plat approval to divide the townhouse development at the northeast corner of 50 and France into four lots and a common area so the units can be individually owned. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9 -25 -03 for Application No. 2003 -018 and the Director of Public Work's memorandum dated 9- 19 -03, attached.) The property under consideration is a singe lot, addressed as 5000 France Avenue North and currently contains four attached townhomes. The proposal for this townhome development was approved by the City Council under Planning Commission Application No. 2003 -003 on February 10, 2003. Page 1 9 -25 -03 • PUBLIC HEARING — APPLICATION NO. 2003 -018, There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to open the public hearing on Application No. 2003 -018, at p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Mr. Dean Gannon, stated that he is in complete agreement with the conditions of approval as required with the filing of the final plat. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -018. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on Application No. 2003 -018, at 7:43 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -018 DEAN GANNON There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to • recommend to the City Council that it approve Application No. 2003 -018, submitted by Dean Gannon, for Preliminary Plat approval to divide the townhouse development at the northeast corner of 50 and France into four lots and a common area so the units can be individually sold. 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall dedicate for right of way purposes a triangular area of approximately 15 ft. by 15 ft. at the southwest corner of the site as required by the City Engineer. This dedication shall be shown on the final plat. 4. A 5 ft. wide drainage and utility easement shall be provided along the east and west property lines and shall be shown on the final plat. Voting in favor: Chair Willson. Commissioners Erdmann, Newman, Rahn and Reem. The motion passed unanimously. The Council will consider the recommendation at its October 13, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was discussion by the Commission about various vacant sites around the city and any potential redevelopment. • There was no other business. Page 2 9 -25 -03 ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:55 p.m. Chair Recorded and transcribed by: Rebecca Crass • ' • Page 3 9 -25 -03 • City Council Agenda Item No. Ila • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KATHY WIRTANEN WHEREAS, Kathy Wirtanen has been an employee of the City of Brooklyn Center, Police Department, from March 25, 1985 to September 12, 2003; and WHEREAS, Kathy Wirtanen has been a Records Clerk from 1985 to 2003; and WHEREAS, Kathy Wirtanen has faithfully served the residents of the City of Brooklyn Center for over 18 years; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the dedicated public service of Kathy Wirtanen is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. Ilb • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DORFF WHEREAS, Henry Dorff has been a member of the Earle Brown Days Board of Directors from 1986 to 2003; and WHEREAS, Henry Dorff has worked on the buttons /memorabilia, ambassadors, family fun and games, banners /signs, and publicity committees; and WHEREAS, in 1992 he proposed a new event called Family Fun and Games, secured volunteers from Rotary, and chaired this event from 1992 to 2003; and WHEREAS, Henry Dorff has been the Chairperson of the Earle Brown Days Festival Committee from 1996 to 2003; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and • WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Henry Dorff is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. llc PROCLAMATION • DECLARING OCTOBER 19-25,2003, TO BE ADMINISTRATIVE SERVICES WEEK WHERAS, administrative services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the City of Brooklyn Center would like to recognize the administrative services provided in our community by the Administration Department; and WHEREAS, it is important to recognize the important role of city government in building a healthy, vibrant community and value those services offered b the Administration Department: • Customer ,Service Representative - prompt and efficient customer service • In -formation Technology Coordinator - effective management and support of communication and data needs • City Clerk - safekeeping of official City records, administration of election activities, and communication to residents through City newsletters • Deputy City Clerk - coordination of City Council agendas and accurate minute taking • Human Resources - effective personnel policies, procedures, and practices • • Brooklyn Center Liquor- efficient operation and customer service • barle Brown Heritage Center — an historic preservation providing a high level of hospitality services; and WHEREAS, our citizens' high quality of life is enhanced because of the work of administrative services staff and the crucial role they play in the interest of citizens; and WHEREAS, it -is' highly appropriate that the services provided by the administrative services staff be recognized and appreciated. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of October 19 through 25, 2003, to be Administrative Services Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that administrative services staff make every day. Date Mayor • ATTEST: City Clerk City Council Agenda Item No. lld MEMORANDUM DATE: September 25, 2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Supporting Three Rivers Park District Implementation Of Trails, Greenways And Parks In The First Tier Communities The attached resolution continues support for the First Tier Trails Plan as developed by staff from Three Rivers Park District, formerly the Hennepin Regional Park District, along with staff from the first tier suburban communities, including Brooklyn Center. Three Rivers Park District is requesting that communities initiate and continue to support the implementation of the plan. At their September 16, 2003 meeting, the Parks and Recreation Commission met with the authorized consultant for Three Rivers Park District, reviewed the draft plan and unanimously passed a motion urging City Council support. The City Council has approved similar resolutions • in 2000 (2000 -71) and 2001 (2001 -151). The 2001 resolution, (2001 -151) authorized the submittal of a grant application to Three Rivers Park District (then Hennepin Parks) for the construction of a trail segment from TH 100 to Brookdale. This application was subsequently approved and the majority of the trail has been constructed as part of the Southwest Neighborhood Street Reconstruction Project. The above resolution supports the First Tier Trails concept that is currently being considered for final approval by the Metropolitan Council. With Metropolitan Council approval, funds can be released pending the execution of a cooperative agreement between the City and Three Rivers Park District. This cooperative agreement is in the final stages of negotiation. Staff recommends approval of the attached resolution in support of the First Tier Trails. • Member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION SUPPORTING THREE RIVERS PARK DISTRICT IMPLEMENTATION OF TRAILS, GREENWAYS, AND PARKS IN THE FIRST TIER COMMUNITIES WHEREAS, Three Rivers Park District, formerly Suburban Hennepin Regional Park District, has taken the lead on a study regarding the potential for trails, greenways, and parks in the first tier communities of Hennepin County, including the City of Brooklyn Center; and WHEREAS, the Three Rivers Park District has authorized its consultant, Stanley Consultants, Inc. to draft a plan summarizing the first tier study information; and WHEREAS, the Three Rivers Park District will work with first tier communities to continue to review and comment on said plan; and WHEREAS, the Three Rivers Park District desires that communities initiate and support the implementation of said plan; and WHEREAS, the Three Rivers Park District will require a cooperative agreement with each city where a trail, greenway, or park would be implemented; and • WHEREAS, the new trail from TH 100 to Brookdale as part of the Southwest Neighborhood Street Reconstruction Project is an example of cooperation between the City and Three Rivers Park District in implementing this First Tier Trails Plan; and WHEREAS, the implementation of this First Tier Trails Plan will be an ongoing process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center continues to support the efforts of the Three Rivers Park District to implement a first tier system of trails, greenways, and parks and endorses the concept plan for said system. Date Mayor ATTEST: City 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. Three Rivers i PARK DISTRICT j j i y P a: Stanley CalsuRarlts ac i `V0 R'W - i Damon ('tamp Ruatl 111 r/1 I tarber - z c nRODKDAII --1 1 wxnvwM SFIUPPM 1 z .O Cf*FTLR Lxm's 2 Park !- t mterhnx+k Bell,w � Park tinlft ;eirse � - c �- M,h ?n11'..N-h ;•SRS -fi r• 5 3rdAvmw _ I _ - .- .- ._.- .- .--- . -. - Minneapolis _ -.- i 1 N.arh Mi»i Cp 1 1 Rtv.•r Reghad.Park 1 Crystal i •� -� i First Tier Brooklyn Trails �mh i Center ! Brooklyn i Center and - i Robbinsdale i neail % R.m Pin i t,t. 1 i Connections to i z J Existing Parks, Trails, and i ;.1 Natural i Resources I S i Robbinsdale i:ev n.1:�I I aAi� Ilighem .RRIIII P I rulx l �d� .,— to ll Prupl.d Reyxmal irn11 i,N -. F.xi«ting Re, anal frail I 1 ....... Cwneelron C1n' Fknudary 1 51n- +ms i I -akcs . - Parks S Nawml i R-- Crystal SchwRs i i ._._._.-._.................... ......................... Cs�mmercial 1 I I ; I 1 I Cultural Resnwae Golden Valley Cult i � t llus SIMRG 1 ! . r Sgxembv IS..t %6 • City Council Agenda Item No. Ile Memorandum Date: September 19, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Insurance Agent Services During 2002, the City prepared an RFP for Insurance Agent Services as this service was scheduled to be re -bid during 2002. Two proposals were received, one from the then current provider, A.J. Gallagher and one from T.C. Field and Company. The Council authorized a contract with T.C. Field and Company based on the recommendation of the Financial Commission. The original agreement provided for a one year agreement to be renewed upon mutual consent of both parties. The current agreement expires December 31, 2003. • We have received a renewal quote from T.C. Field and Company for fiscal year 2004. The services will remain at the same level which have been more than satisfactory. T.C. Field and Company has provided all necessary services in the course of procuring quotes, presenting alternatives assisting with insurance company issues relating to claims, applications and coverage items. The quote for 2004 is $15,500 for all non -EDA functional operations (EDA and EBHC) and $1,500 for the EDA functions. This compares to $14,500 for all non -EDA functions and $1,500 for EDA functions in 2003. While this does represent a $1,000 increase from 2003, it remains significantly less than the commission we would pay should the City determine that insurance policies be procured with pay to agents from commissions. The commission for property damage, liability, bonding and medical policies, all but Worker's Comp, would be approximately $18,136 to $25,908 based on 2003 premium amounts and commission rates of 7% to 10 %. (Commission rates are industry standards based on information from the LMCIT.) The Worker's Comp commission would be approximately $11,629 to $16,281 if the agent were to be paid on a commission basis. (Commission rates are based on industry standards based on information from the LMCIT.) Our former agent was collecting a commission of $7,110 from the Worker's Comp policy based on a premium of $177,736 for the 2002 -2003 policy period. This commission was in addition to the $12,500 we paid in agent services charges. We are able to procure agent services, as required by statute, at a lesser amount than the standard commission would provide for agent services. At the lowest commission rates • for estimated premiums for 2004, we would pay $19,592 for property damage, liability, bonding and medical policies. The Commission for Worker's Comp policies would be • pp $10,010. By contracting for the service, we are not subject to commission increases as a result premium and/or coverage audits that result in increased premium payments. The fee is fixed at the beginning of the agreement term. The budget for 2004 provides for agent services payments of $1,500 for the EDA and EBHC policies and $15,500 for the General Fund, Water Fund, Sewer Fund, Storm Sewer Fund, Street Light Fund, Recycling Fund, Liquor Operations, Centerbrook Operations and Central Garage activities. It is our recommendation that the agreement between the City and T.C. Field and Company be extended until December 31, 2004. We have prepared a resolution that affects that recommendation. • • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO EXTEND INSURANCE AGENT SERVICES WHEREAS, City Policy requires that professional services agreements be re- negotiated or re -bid in accordance with an approved schedule; and WHEREAS, Insurance Agent Services is one of those services to be re -bid and the bidding was completed and contract awarded in 2002; and WHEREAS, T.C. Field submitted the most favorable response and was awarded a one year contract; and WHEREAS, T.C. Field has submitted a request for a contract extension through the end of 2004 with fees set at $15,500 for all but the Economic Development Authority (EDA) activities and operations and $1,500 for EDA activities and operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the City Manager is hereby authorized and directed to execute an agreement for Insurance Agent Services with T.C. Field in an amount not to exceed $17,000. Date Mayor ATTEST: City 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. • VrM7 • T.C. FIELD COMPANY lnsnrance and Bonds Since 1912 September 17, 2003 Mr. Douglas Sell, Director of Fiscal and Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Mr. Sell: A few weeks ago we discussed our agreement for services. Our present agreement expires at the end of 2003, and notices of changes are to be made 60 day prior to the end of the agreement. We would look forward to serving the City of Brooklyn Center as its insurance agent of record for 2004. 1 believe that we have provided the requisite • services required according to the agreement and would like to continue to serve the city in this capacity. During our discussions we concluded that payment for our services for 2004 would be $15,500 for the city and $1500 for the EDA for all policies placed with the LMCIT. If you have any other questions or concerns, please give me a call. Thank you. Sincerely, Y Mark D. Lenz Vice President • 530 North Robert Street • St. Paul, Minnesota 55101 (651) 227 -8405 Fax: (651) 227 -0507 Mailing Address: P.O. Box 64016 • St. Paul, Minnesota 55164 An Affirmative Action Employer • City Council Agenda Item No. llf OX City of Brooklyn Center A Millennium Community MEMORANDUM. TO: Mayor Kragness, Counci mbers Carmody, La a Niesen, and Peppe FROM: Michael J. McCauley DATE: October 8, 2003 SUBJECT: 2003 City Council Meeting Schedule Amendments This item is on the agenda to amend the 2003 City Council Meeting Schedule for the addition of a Special Session before the Work Session on November 17, 2003. The Special Session will start at 6:00 p.m. in the Council Chambers with the Work Session immediately following the Special Session. The Special Session would be to sell bonds to refinance existing bond. This is based on Springsteds current evaluation that the bonds can be successfully refunded. • 5301 Shingle Creek Parkwa y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org City Council Agenda Item Na llg MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 18, 2003 SUBJECT: Chapter 3 Amendment This amendment to Chapter 3 of the City's Ordinances is offered for a first reading. The amendment reflects the State of Minnesota's move to the new 2000 International Building Code. The previous state code was the Uniform Building code. Adoption of the state code is mandatory to assure uniform building requirements throughout the metro area. • • CITY OF BROOKLYN CENTER • Notice is hereby g iven that ' � y g t a public hearing will be held on the 10 day of November, 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Brooklyn Center City Code provisions relating to building codes. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE BROOKLYN CENTER BUILDING CODE: AMENDING BROOKLYN CENTER CITY CODE SECTIONS 3 -101, 3- 102, AND 3 -103 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS THAT SECTIONS 3 -101, 3 -102 AND 3 -103 OF THE BROOKLYN CENTER CITY CODE ARE AMENDED AS FOLLOWS: Section 3 -101. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes, Sections 16B.59 to 16B.75, one copy of which is on file in the office of the city clerk is hereby adopted as the building code for the City of Brooklyn Center. Such code is hereby incorporated in this ordinance as completely as if set out in full. • A. The following chapters of the Minnesota State Building ode are adopted and g p incorporated as part of the building code for the City of Brooklyn Center: 1. 1300 — Administration of the [Minnesota] State Building Code 2. 1301 —Building Official Certification 3. 1302 — Construction Approvals 4. 1303 — Minnesota Provisions of the State Building Code 5. [4.] 1305 — Adoption of the [1997 Uniform Building Code including Appendix Chapters] 2000 International Building Code [a. 3, Division I, Detention and Correctional Facilities] [b. 12, Division 11, Sound Transmission Control] [c. 29, Minimum Plumbing Fixtures] 6. [5.] 1307 - Elevators and Related Devices • • ORDINANCE NO. 7. 1309 — 2000 International Residential Code 8. 1311 —Rehabilitation of Existine Buildines 9. [6.] 1315 -Adoption of the [1996] 2002 National Electrical Code 10 [7.] 1325 - Solar Energy Systems [8. 1330 - Fallout Shelters] 11. [9.] 1335 - Floodproofing Regulations 12. [10.] 1341 -Minnesota Accessibility Code 13. [11.] 1346 Adoption of the 1991 Uniform Mechanical Code 14. [12.] 1350 - Manufactured Homes 15. [13.] 1360 - Prefabricated [Homes] Buildings • 16. 1361 — Industrialized/Modular Buildings 17. [14.] 1370 - Storm Shelters (Manufactured Home Parks) 18. [15.]4715 - Minnesota Plumbin g Code 19. 7510 - Minnesota Fire Code 20. [16. 7670 -] Minnesota Energy Code, Minnesota Rules, Chapter 7670 as provided in Minnesota Statutes Section 16B.617, and Minnesota Rules, Chapters 7672, 7674, 7676 and 7678. B. The following optional appendix chapters of the [1997 Uniform] Minnesota State Building Code are hereby adopted and incorporated as part of the building code for the City of Brooklyn Center: [1. 3, Division III, 1992, One - and Two - Family Dwelling Code] [ 2. 15, Reroofing] [ 3. 19, Exposed Residential Concrete] • [ 4. 31, Division II, Membrane Structures] ORDINANCE NO. • 1. [5.] 33 K Excavation and Grading [C. The following optional chapters of Minnesota Rules are hereby adopted and incorporated as part of the building code for the City of Brooklyn Center:] 2. [l.] 1306, Special Fire Protection Systems, with [option 8] Subpart 2 [2. 1310, Building Security] 3. 1335, Floodproofing regulations parts 1335.0600 to 1335.1200. Section 3 -102. IMPLEMENTATION AND ENFORCEMENT. A. The building official, acting under the administration of the community development director [of planning and inspection], is hereby authorized to implement and enforce the provisions of the building code and to delegate enforcement authority to his subordinates. B. Right of Entry. Upon presentation of proper credentials the building official or his duly authorized representatives, may enter at reasonable times any building, structure, or • premises in the City to perform the duties imposed upon him by the building code. C. Stop Orders. Whenever any work is being performed contrary to the provisions of the building code, the building official may order the work stopped by written notice served on persons engaged in doing or causing such work to be performed, and such persons shall forthwith stop such work until otherwise authorized by the building official. D. Occupancy Violations. Whenever any building is being used contrary to the provisions of the building code, the building official shall issue notice and order such use discontinued. The notice and order shall: 1. Be in writing. 2. Describe the location and nature of violation. 3. Establish a reasonable time for the remedy of any violation. • ORDINANCE NO. • 4. Be served upon the owner or his agent or the occupant, as the case may require. Such notice may be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: served upon him personally, or sent by registered mail to his last known address, or as a last resort posted in a conspicuous place in or about a subject building. E. Hazardous and Substandard Buildings. All buildings which are structurally unsafe, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the provisions of Minnesota Statutes 463.15 through 463.26. F. Board of Appeals. A Board of Appeals is hereby created for the purpose of hearing and rendering a determination regarding conflicting interpretations of the provisions of the building code and regarding conflicting opinions of the suitability of alternate materials and methods of construction. The Board of Appeals shall consist of the city council which may engage qualified persons to provide technical advice on matters under • consideration. Appeals to the board must be filed in writing with the city clerk. Within thirty days after an appeal is filed the Board of Appeals shall hear the appeal, providing not less than five business days notice to the appellant of the time and place for hearing the appeal. All decisions of the board shall be reported to the state building inspector within fifteen days after such decision is made. G. Violations and Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or system, or cause the same to be done, contrary to or in violation of the provisions of the building code. Any person, firm, or corporation who does any act or admits to do any act which constitutes a violation of the building code shall, upon conviction thereof by lawful authority, be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment together with the costs of prosecution. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. • ORDINANCE NO. Section 3 -103. PERMITS AND INSPECTIONS. A. Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, improve, remove, convert, move, or demolish any building or structure in the City, or cause the same to be done, nor shall any person, firm, or corporation install, alter, or repair any of the following systems without first obtaining an appropriate permit from the building official as follows: 1. Building Permit 2. Plumbing System Permit 3. Electric System Permit 4. Mechanical System Permit 5. Fire Suppression 6. Fire Alarm • B. Eligibility for Permits. Any person is hereby declared eligible for a building permit, plumbing system permit, electric system permit, and mechanical system permit to do work which complies with the provisions of the building code on premises or that part of premises owned and actually occupied by him as his homestead. However, no permit will be issued to other than Minnesota licensed plumbers for connections to the City sewer and water systems. Any person engaged in the business of installing water softeners shall be eligible for a plumbing system permit to connect water softening or filtering equipment, provided openings have been left for that purpose making it unnecessary to extensively rearrange or alter the water piping system. Otherwise, permit issuance shall be limited as follows: Permits to do work on plumbing systems shall be issued only to Minnesota licensed plumbers, permits to do work on electric systems shall be issued only to Minnesota licensed electricians, and mechanical system permits shall be issued only to those licensed by the City of Brooklyn Center or to Minnesota licensed plumbers. C. Application for Permits. To obtain a permit the applicant shall first file a written application therefor on a form furnished for that purpose. Application shall: 1. Identify and describe the work to be covered by the permit. 2. Describe the specific location at which the proposed work is to be done. • • ORDINANCE NO. 3. State the intended use or occupancy in the case of a building permit. 4. State the valuation of the proposed work and be accompanied by construction documents and other information as required by the code. 5. Be signed by the permittee or his authorized agent. 6. Provide such other information as reasonably may be required by the building official. D. Submission of Plans and Specifications. Each application for a building permit shall include [at least two sets of plans and specifications in the case of one and two family dwellings and residential accessory buildings; and] at least three sets of plans and specifications [in the case] for one and two family dwellings and residential accessory buildings, all multiple family dwelling and accessory buildings, commercial buildings, industrial buildings, and other nonresidential buildings. Building plans and specifications shall bear the certification of a Minnesota registered architect and/or engineer in the case of all multiple family buildings and nonresidential buildings, and in all other cases when required by the building official. At the discretion of the building official plans and specifications need not be submitted for the following: • [1. One -story building additions of Type V conventional wood stud construction with an area not exceeding 600 sq. ft.] [ 2. Group U, Division 1, occupancies of Type V conventional wood stud construction.] [ 3. Minor projects.] Plans and specifications shall be drawn with sufficient clarity and detail to assure total conformity with provisions of the building code, as determined by the building official. Computations, stress diagrams, and other data sufficient to justify the plan detail shall be submitted when required by the building official. Plans for all new one and two family residential buildings and building additions shall include an accurate dimensioned plot plan showing the size and location of all existing and proposed buildings, and the legal boundaries of the property. An accurate survey of the property certified by a Minnesota registered land surveyor shall be submitted when required by the building official. Plans for all other buildings and building additions shall include an accurate dimensioned site plan as approved under the requirements of the zoning ordinance. • • ORDINANCE NO. Information appropriately certified, relative to soil conditions, topography, and the like shall be submitted as required by the building official. Each application for a plumbing system, electrical system, or mechanical system permit shall include detailed plans and specifications when required by the building official. Such plans and specifications shall bear the certification of a Minnesota registered architect and/or engineer when required by the building official. E. Issuance of Permits. The application, plans, and specifications filed in support of a permit shall be reviewed by the building official to assure conformance to the requirements of the building code and compliance with other laws and ordinances of the City. Upon payment of an established permit fee the building official shall formally endorse the submitted plans and specifications as "approved" and shall issue a permit therefor to the applicant. Approved plans and specifications shall not be changed, modified, or altered during construction or installation without authorization from the building official. The building official may issue a "partial permit" for the construction or installation of a part of a building or stem before the complete plans and g Y p p specifications have been submitted, provided that adequate information and detailed statements have been submitted complying with pertinent requirements of the building code. The issuance of such a "partial permit" shall not represent unqualified assurance that a permit for the entire building or system will be issued. • The issuance of a permit shall in no circumstances be construed as license to violate an Y of the provisions of the building code. Neither shall the issuance of a permit based upon erroneous or ambiguous plans and specifications constitute approval to violate provisions of the building code or of any other ordinances of the City. F. Permit Expiration, Suspension, or Revocation. Every permit issued by the building official under the provisions of the building code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within [60] 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a consecutive period of [120] 180 days at any time after the work is commenced. Within a one year period from date of expiration an expired permit may be renewed provided there are no changes proposed from the original plans and specifications and provided that a fee is paid amounting to one -half of the amount required for the original permit. The building official may, in writing, suspend or revoke a permit issued under the provisions of the building code whenever the permit is issued in error or on the basis of incorrect information supplied, or in case of violation of any ordinance or regulation or any of the provisions of the building code. G. Permit Fees. • • ORDINANCE NO. 1. Building Permit Fees. The fee for any building permit shall be determined by the fee schedule adopted by city council resolution based on the valuation of each building rp of ect The building rp oject valuation referred to therein shall be computed using the up -to -date average construction cost per square foot established from time to time by the State building inspector. 2. Plumbing Permit Fees. Fees shall be calculated according to the schedule set forth by city council resolution. 3. Electrical System Permit Fees. Fees shall be calculated and paid according to the schedule set forth by city council resolution. 4. Mechanical System Permit Fees. Fees shall be paid according to the schedule set forth by city council resolution. 5. Double Fee for Work Started Without Permit. Where work for which a permit is required by the building code is commenced or undertaken before a permit has been obtained, the fees above specified shall be doubled; but the payment of such double fee • shall not relieve persons from fully complying with requirements of the building code or other City Ordinances. 6. Fee Refunds. There shall be no refund of any permit fee collected in accordance with this chapter when the fee so collected is one hundred dollars ($100) or less. For permits which are canceled after issuance, where no authorized work has been done, a refund of eighty percent (80 %) of the permit fees collected in excess of $100 may be granted; in no case shall the fees retained exceed $150. If any work authorized by the permit has been started, the amount of fees retained, over and above the $100 maximum, shall be determined by the Building Official commensurate with the percentage of work completed. Plan checking fees are not refundable. All claims for refunds shall be made in writing by the original permittee and shall be made within [one hundred eighty (180)] forty -five (45) calendar days from the payment of said fees. • • ORDINANCE NO. Appeals for relief from the above refund policy shall: - be made in writing by the original permittee. - be made within [one hundred eighty (180)] forty -five (45) calendar days from the payment of said fees. - include a detailed explanation of circumstances which are the grounds for the appeal. H. Inspections. All work for which a permit is required shall be subject to inspection by the building official and his representatives. Additionally, the building official may require the permittee to employ an approved, qualified special inspector who shall work under the jurisdiction of the building official to inspect construction work involving specialized knowledge and skill. Permittees shall cooperate with the building official in calling for inspections on those segments of the work as determined by the building official. No reinforcing steel or structural framework or other system work shall be covered or concealed without first obtaining the approval of the building official. There shall be a final inspection and approval of all buildings and systems when completed and ready for occupancy and use. 1. Certificate of Occupancy. No building or structure [except those in Groups R -3 and M] shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made unless the building official has issued a Certificate of Occupancy therefor. Changes in the character or use of a building shall not be authorized if a new or proposed use is more hazardous in terms of life and fire risk than in the existing use. Upon a determination that a building complies with the provisions of the building code, the building official shall issue a certificate of occupancy in a form of his or her determination. A temporary certificate of occupancy may be issued at the discretion of the building official for a particular portion of a building prior to completion of the entire building. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: • (Underline indicates new matter; brackets indicate matter to be deleted.) City Council Agenda Item No. llh Office of the City Clerk • X City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M er FROM: Sharon Knutson, City Clerk DATE: October 8, 2003 SUBJECT: An Ordinance Amending Sections 11 -604 and 11 -704 of the Brooklyn Center Code of Ordinances Regarding Applications for Intoxicating Liquor Licenses On August 11, 2003, the City Council adopted Ordinance No. 2003 -09, An Ordinance Amending Chapters 11 and 23 of the Brooklyn Center Code of Ordinances, Relating to Liquor Licensing and General Licensing Regulations. The purpose of the amendment was to provide a reasonably consistent process for administering all license applications. After reviewing the State liquor licensing forms and further review of the City liquor licensing forms there are two section in ' tY q g o s the City's Liquor Ordinance that require changes to maintain consistency n the application Y PP process. p • In Section 11-604, subd. 5(d), regarding applications for on -sale wine license, language should be added to require a corporate applicant to submit a list of all officers or directors. In Section 11 -704, subd. 5(d) regarding applications for on -sale intoxicating liquor licenses, language should be amended to require a corporate applicant to submit a list of all officers or directors, however, the requirement that the officers or directors provide the information that is required of a single applicant should be stricken. Attached is an ordinance amendment that incorporate the recommended changes to these Sections. If the City Council approves first' reading of the ordinance the i pP g second reading and public hearing will be held g P g November 10, 2003. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763 ) 569 -3494 www.cityofbrooklyncenter.org • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of November, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Sections 11 -604 and 11 -704 of the Brooklyn Center Code of Ordinances Regarding Applications for Intoxicating Liquor Licenses. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 11 -604 AND 11 -704 OF THE BROOKLYN CENTER CODE OF ORDINANCES REGARDING APPLICATIONS FOR INTOXICATING LIQUOR LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -604 relating to applications for on -sale wine licenses is amended as follows: Section 11 -604. APPLICATIONS FOR LICENSE. Every application for a • license to sell intoxicating liquor shall be verified and filed with the City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 5. If the applicant is a corporation or other organization and is applying for an "on -sale wine" license, the following: d. The application shall contain a list of all officers or directors of said corporation or association. The apblication shall also contain a list of all persons, who, singly or together with their spouse, or a parent, brother, sister,, [ofJ or child of either of them, own or control an interest in said corporation or association in excess of 5% together with their addresses and all information as is required of a single applicant in Subsection 3 of this Section. Section 2. City Code Section 11 -704 relating to applications for on -sale intoxicating liquor licenses is amended as follows: Section 11 -704. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: • ® 5. If the applicant is a corporation or other organization and is applying for an � g cc 5. liquor" license, the following: • ORDINANCE NO. d. The application shall contain a list of all officers or directors of said comoration or association. The application shall also contain a list of all persons, who, singly or together with their spouse, or a parent, brother, sister [of] or child of either of them, own or control an interest in said corporation or association in excess of 5% [or who are officers or directors of said corporation or association] together with their addresses and all information as is required of a single applicant in Subsection 3 [above] of this Section. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: • City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • I • City Council Agenda Item No. Ili ��ooxLYN CE1VrF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: October 8, 2003 SUBJECT: Resolution To The Metropolitan Radio Board Attached is a Council resolution for the Police Department to proceed with participation in the 80OMHz regional communications system. The Metropolitan Radio Board is requesting the resolution in order to process the City's application for radio equipment funding. To date, there are two sources that are providing grants for this purpose. The first grant is from the Minnesota Department of Public Safety, Division of Homeland Security. Under this grant program, • the City has been notified of being eligible for an in the amount of $159,600.00. This amount will cover half the costs to purchase mobiles and portables for both the police and fire departments. The other grant is through the U.S. Department of Justice and being applied for by the Metropolitan Radio Board. If approved, funds will be available to metropolitan jurisdictions to fund half the costs for 80OMHz upgrades to PSAP consoles and infrastructure links. This would be a grant award of $355,433.00 to the City of Brooklyn Center. I did have a discussion with Bill Dean, Executive Director of the Metropolitan Radio Board, about our current dispatch operation. Mr. Dean did not see any problems with using a grant award for buy-in costs associated with a consolidated dispatch merger. The only caveat is that it must be for 800 MHz interoperability. If you have any other questions, please let me know. SB:kh Attachment • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CONSENT TO PROCEED WITH PLANNING FOR DEVELOPMENT OF AN UPGRADED RADIO COMMUNICATION SYSTEM WITH THE INTENTION OF PARTICPATING IN THE REGIONAL SYSTEM AND THAT THE METROPOLITAN RADIO BOARD BE NOTIFIED OF BROOKLYN CENTER'S INTENTION AND REQUEST ANY STATE OR FEDERAL FINANCIAL INCENTIVES THAT MAY BE OFFERED WHEREAS, the radio communication system in use by the City of Brooklyn Center Police Department is in need of upgrading to provide emergency services to police, fire, and emergency medical agencies in its jurisdiction; and WHEREAS, the Metropolitan Radio Board, as a result of legislative changes, has the authority and resources to provide financial assistance to local units of government in the metropolitan area that plan to participate in the regional 800 MHz digital trunked communication system; and WHEREAS, federal funds have been appropriated and made available through the Minnesota Department of Public Safety to supplement local and state funds for the purpose of participating in the regional system, for which metropolitan area local governments are eligible; and • WHEREAS, the City of Brooklyn Center has determined that its participation in the regional system would improve interoperability among its various agencies and with other jurisdictions for purposes of mutual aid and emergency medical services, thus improving public safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center intends to proceed with planning for development of an upgraded radio communication system with the intention of participating in the regional system and that the Metropolitan Radio Board be notified of the City of Brooklyn Center's intention and request any state or federal financial incentives that may be offered to local jurisdictions. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. llj Memorandum Date: September 23, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Audit Engagement Letter — Audit Services for 2003 Financial Statements We have received the engagement letter for audit services for fiscal year 2003 financial records. Services will be billed and paid for from 2004 appropriations. There are several changes from past year engagement letters. Audit Services These services are straightforward. Tautges and Redpath, Ltd will audit the financial statements for the City as of December 31, 2003 and provided the City with an opinion as to the fairness and proper presentation of financial information. This opinion will be predicated on their review of a variety of items to include but not limited to accounts • payable transactions, accounts receivable transactions, state aids and grants, property taxes levied/received and internal controls. Federal Single Audit The City has been the recipient of federal grant dollars in excess of $300,000 during 2003. These grant include CBDG and Department of Justice grants. This triggers the single audit requirement as contained in these grant agreements. The City was subject to this audit requirement in 2002. SAS 99 Consideration of Fraud in a Financial Statement Audit This is a new requirement for 2003. A separate description of this service is attached and provides a detailed description of the Statements of Auditing Standards (SAS) requirement. GASB 34 This is a new requirement for 2003. Implementation of GASB 34 began in 2002 and will continue throughout 2003 and into 2004. Financial statements for 2003 must be presented in the new format that includes recognition of general fixed assets in a form that aligns the asset with the fund that made the original acquisition or purchase. Further, financial statements will be consolidated such that all government funds will be a single entity separate from enterprise and other non - governmental types funds. Finally, the City will be required to prepare a management letter that describes the efforts management has taken to protect City assets, plan for fiscal activities and ensure compliance with state and • federal laws. The additional workload was anticipated for this year and was reflected in • the proposals received several years ago. Costs and Allocation Costs for these services are not to exceed the following estimates: Basic Audit Services: $28,630 Federal Single Audit $ 4,000 SAS #99 $ 3,000 GASB #34 $ 7.000 Total $42,630 Allocation of these expenses will be to all funds that have an imp[act on the audit services provided. For example, the HRA fund is assessed a portion of the single audit requirement costs as it has revenues that represent approximately 2 /3rds of the total federal grant dollars received. Enterprise funds (water, sanitary sewer, storm drainage, street lighting, recycling, liquor operations, EBHC and Centerbrook golf course) pay a proportionate share of the audit costs. The Central Garage Fund also pays a share of the costs as it represents a significant impact on the overall activities of the City. All costs are provided for in the 2004 Budget request. Increases from 2003 include the SAS #99 review and the GASB #34 review. GASB #34 was provided for in the original proposal from November 2002 along with basic audit services. The Federal Single Audit requirement was added because the City exceeded the threshold requiring the service. • We have attached a resolution authorizing the execution of the Engagement Letter for 2003 Audit Services. Attach: Letter from Tautges and Redpath SAS #99 Memorandum Resolution Authorizing Execution of Engagement Letter • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AUDIT SERVICES FOR FISCAL YEAR 2003 WHEREAS, the City of Brooklyn Center solicited bids for audit services in 2002; and WHEREAS, the firm of Tautges and Redpath, Ltd. was selected as the audit service provider for fiscal year 2002; and WHEREAS, the City has received a "Letter of Engagement" for audit services for fiscal year 2003 from Tautges and Redpath, Ltd.; and WHEREAS, the proposal is consistent with the bid submitted in 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized and directed to execute the Letter of Engagement for audit services for 2003 with Tautges and Redpath, Ltd. in an amount not to exceed $42,630. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I • 1 Tautges Redpath, Ltd. • Certified Public Accountants and Consultants September 17, 2003 Mr. Douglas Sell Director of Fiscal and Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Doug: Enclosed are two copies of our standard engagement letter for auditing services for the year ending December 31, 2003 for the City of Brooklyn Center, Minnesota. The scope of services are as follows: • We will audit the basic financial statements of the City of Brooklyn Center, • Minnesota as of and for the year ending December 31, 2003. We understand that the financial statements will be presented in accordance with the financial reporting model described in GASB Statement No. 34. We will provide an "in- relation -to" opinion on the combining and individual fund financial statements and schedules, supplementary information except for that portion marked "unaudited." The statistical section will not be subjected to the auditing procedures applied in our audit of the basic financial statements. With regard to required supplementary information (RSI), we will apply certain limited procedures, which will consist principally of inquiries of management regarding methods of measurement and presentation of supplementary information. However, we will not audit the information nor express an opinion on it. • Federal Single Audit. • State Legal Compliance Audit. • Preparation of separate Audit Management Letter. For the 2003 audit, there are two significant scope changes — GASB No. 34 and the requirements of the new audit standard — SAS No. 99 Consideration of Fraud in a financial statement audit. In a continuing effort to improve audit quality and meet public expectations, the professional standards for audit engagements have changed. Auditors are now required to perform new, substantial audit procedures aimed at detecting material misstatements caused by fraud. • White Bear Lake Office: 4810 White Bear Parkway, White Bear Lake, MN 55110, USA Telephone: 651 426 7000 Fax: 651 426 5004 Hastings Office: 1303 South Frontage Road, Suite 13, Hastings, MN 55033, USA Telephone: 651 480 4990 Fax: 651 426 5004 HLB Tautges Redpath, Ltd. is a member of Im International. A world -wide organization of accounting firms and business advisors. Mr. Douglas Sell Director of Fiscal and Support Services • City of Brooklyn Center September 17, 2003 Page 2 The new audit procedures include the following: • Brainstorming session among all audit team members to discuss the potential for material misstatements due to fraud. • Interviews with management and non - accounting personnel within the city. (department heads and others) • Tests of journal entries and other adjustments, accounting estimates and unusual transactions • Incorporate an element of unpredictability in audit procedures from year to year. The above procedures is not a complete list of the additional steps now required, but provides a synopsis of the changes to audit procedures. Many of the new audit procedures require an experienced auditor, such as a manager or partner. The combination of the additional procedures and the need for an experienced auditor to complete them, increases audit fees. Our quote of $3,000 is our best estimate of the effort required to successfully meet audit standards. Attached is a copy of an expanded article on SAS No. 99. • The new accounting standard — GASB No. 34 will also require additional audit effort. The proposed fee is our estimate of the effort to audit under GASB 34 and the effort involved with the application of this new standard and the development of accounting and fmancial reporting changes. We are proposing to complete the services described above for the following fee: Base Fee GASB 34 SAS 99 Total Financial and legal compliance audit $28,630 $7,000 $3,000 $38,630 Federal single audit 4,000 - - 4,000 Total $32,630 $7,000 $3,000 $42,630 The base fee listed above is the amount per our audit proposal dated November 15, 2000. • 336500.1 Mr. Douglas Sell Director of Fiscal and Supp ort Services City of Brooklyn Center September 17, 2003 Page 3 Upon the approval of this agreement, please return one copy to our office and retain the other copy for your files. If you have any questions, please don't hesitate to call. Sincerely, HLB TAUTGES REDPATH, LTD. Z9� David J. Mol, CPA Enclosure i 0 i • 336500.1 NEW FRAUD STANDARD - SAS 99 Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit, has been issued and will be required for audits of periods beginning on or after December 15, 2002. SAS 99 does not change the auditor's responsibility to obtain reasonable assurance that the financial statements are free of material misstatement, including material misstatement due to fraud. The reason the new SAS was issued was to increase the likelihood that the auditor will detect material misstatement in the financial statements due to fraud by increasing the amount and nature of required procedures. I SAS 99 is a comprehensive, far- reaching audit standard which is expected to significantly change the way auditor's approach and perform audits. The bottom line is that SAS 99 expects auditors to perform more work in every audit in both identifying and responding to the risk of material misstatement due to fraud. Implementation of SAS 99 will require additional time to'complete an audit. An overview of SAS 99 is as follows: Information Gatherinia Phase: • A required brainstorming session among the audit team members to discuss the potential for material misstatement due to fraud. • An increased emphasis on inquiry as an audit procedure that increases the likelihood of fraud detection. o Required management inquiries, many of which are new. • o Required inquiries of "others" within the entity (i.e., non - accounting personnel). • Expanded use of analytical procedures to gather information used to identify risks of the material misstatement due to fraud. 257871.1 • • The consideration of other information, such as client acceptance and continuance procedures, during the information - gathering phase. Identifvin2 and Assessing Fraud Risks • Required to presume that improper revenue recognition is a fraud risk. • Required tests in response to the risk of management override of controls. • Examining journal entries and other adjustments. • Retrospective review of accounting estimates. • Business rationale for significant unusual transactions. Respondina to Assessed Risks: • Assignment of personnel and supervision should be commensurate with the auditor's • assessment of the risks of material misstatement due to fraud. • The auditor should consider management's selection and application of significant accounting principles. • Auditors are required to incorporate an element of unpredictability in audit procedures from year to year. Evaluating Audit Evidence • Assessing risks of material misstatement due to fraud throughout the audit. • Evaluating whether analytical procedures performed as substantive tests or in the overall review stage of the audit indicate a previously unrecognized risk of material misstatement due to fraud. • Evaluating the risks of material misstatement due to fraud at or near the completion of fieldwork. • Responding to misstatements that may be the result of fraud. • Required Auditor Documentation 257871.1 • • The discussion among engagement personnel in planning the audit regarding the susceptibility of the entity's financial statements to material misstatement due to fraud, including how and when the discussion occurred, the audit team members who participated, and the subject matter discussed. • The procedures performed to obtain information necessary to identify and assess the risks of material misstatement due to fraud. • Specific risks of material misstatement due to fraud that were identified, and a description of the auditor's response to those risks. • If the auditor has not identified in a particular circumstance, improper revenue recognition as a risk of material misstatement due to fraud, the reasons supporting the auditor's conclusion. • The results of the procedures performed to further address the risk of management • override of controls. • Other conditions and analytical relationships that caused the auditor to believe that additional auditing procedures or other responses were required and any further responses the auditor concluded were appropriate, to address such risks or other conditions. • The nature of the communications about fraud made to management, the audit committee, and others. • 257871.1 City Council Agenda Item No. 11k F W • MEMO DATE: October 9, 2003 TO: Michael McCauley, Manager Y� Y g FROM: Cu 4a ey, Assistant City Manager Director of Operations SUBJECT: Hunting Ordinance Amendment For The Purpose Of Gun Control Attached is an ordinance relating to deer hunting within the City of Brooklyn Center. This ordinance has been drafted in response to discussions and recommendations of the Deer Management Task Force. The Task Force will be recommending bow hunting as a means of reducing the deer herd in Brooklyn Center. The hope of the Task Force is that some Deer removal will occur during the current bow - hunting season that ends December 31, 2003 The current city ordinance prohibits the discharge of firearms including bow hunting within the City limits except in very limited circumstances. This ordinance if adopted would allow bow hunting within the City limits as means of harvesting deer under a permit issued by the City Manager or conditions established by the City Manager. It is • expected that the Council approved Deer Population Management Plan will spell out the essential conditions and criteria under which a permit may be issued. Because, an ordinance requires several weeks before it can take effect, we are asking the Council to approve this ordinance on first reading at this time. Please let me know when you have questions. • I I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10` day of November, 2003, at • 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to City Code Section 19 -401 relating to hunting. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO DEER HUNTING WITHIN THE CITY OF BROOKLYN CENTER FOR THE PURPOSE OF POPULATION CONTROL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 19 -401 is amended as follows: Section 19 -401. HUNTING[,] AND DISCHARGING OF FIREARMS [, EXCEPTIONS HUNTING PROHIBITED]. 1. Prohibition. All hunting with firearms and bow and arrows and discharging of firearms within the City of Brooklyn Center is hereby prohibited. • [DISCHARGING FIREARMS PROHIBITED. Discharging of firearms within the City of Brooklyn Center is hereby prohibited provided, however, that] 2. Exceptions. The provisions of this ordinance shall not apply to: a. members of duly organized gun clubs shooting or practicing on lands owned 6r leased by their club and licensed by the City; or b. [to] trap shooters shooting on grounds selected for that purpose by the City; or L. [to] firing salutes over the graves of soldiers or d. the harvesting of deer by bow and arrow as allowed under permit issued by the City Manager or City Manager's designee and subject to any conditions and limitations established by the City Manager. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2003. Mayor ATTEST: City Clerk • Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) I City Council Agenda Item No. 111 J • y City of Brooklyn Center • A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: October 9, 2003 Re: Fiber Optic Project Logis and Hennepin County library are proposing to construct fiber optic infrastructure from Robbinsdale to Brooklyn Center City Hall. The connection would go to the Hennepin County Library and then to City Hall. We would, under the proposal, share in the cost with Hennepin County and thereby reduce the overall cost to the City of that connection. The approximate cost to the City would be $60,000 of an estimated $98,000 cost for extending the link from Robbinsdale. Logis and Hennepin County Library are requesting a commitment now for a Spring 2004 project. An additional $8,000 of direct equipment costs would be associated with actually utilizing the connection. Logis is requesting an immediate decision on commitment for this joint project. • This opportunity is part of a multi jurisdictional effort to jointly construct fiber optic infrastructure. The Robbinsdale School District project is being used as part of this opportunity to aggregate efforts to reduce overall costs. In speaking with Logis today, I was informed that when they solicited alternate proposals to evaluate costs, the costs to connect the City would be closer to $135,000 to $160,000. The joint effort would be significantly lower. I also inquired regarding the cost allocation between the City, Logis, and Hennepin County Library. The allocation was based on the potential number os facilities that would be served in Brooklyn Center and the corresponding strands (24 strands are being proposed) in the fiber optic line. Hennepin County would us 2 strands and Logis would use 2 for their own purposes. The remaining strands would be for Brooklyn Center or potentially to allow connection of another entity through Brooklyn Center with a recoupment of part of the initial cost to us from that entity upon connection. It appears that expanding use of technology and opportunities for greater use of Logis rather than local servers will push us to use fiber optics or other means to expand capacity. I am skeptical that we would achieve cost savings to amortize the full cost of fiber optics in the short term. However, I believe that we will migrate to fiber optics sooner or later. Going forward with a joint project would position us to utilize the opportunities that fiber optic do and will present. In order to achieve modest cost reductions in the short term, the police station would need to be connected. That cost is estimated at $48,000 for police and $27,000 for the public 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cit.yolbrooklyncenter.org • works garage. Additional study and review needs to be undertaken on the full program and phasing for the use of fiber optics before embarking on those connections. I am attaching materials prepared by Ms. Hartwig while I was on vacation (she is currently on vacation.) These materials are illustrative of some of the future issues and opportunities. Her estimates would indicate that future connections for fire, the golf course, and liquor store would not make any financial sense. Some of the potential payback is long term relative to future phone system costs and operating costs. Other saving potential may be speculative. The overall view of fiber optic in the immediate term is that it could provide modest operating cost savings (generating partial payback on the investment in the next few years), but that we will probably need to migrate to fiber optic and participation in a consortium to bring at least the first phase to City Hall would make sense. The funding would most likely come from the capital project fund. While there are unknowns as to timing and exact usage, I feel confident that we will need to migrate to fiber optics over the next few years. This opportunity to participate in the Robbinsdale School District build out with Logis will allow us to connect, based on Logis evaluation, at a substantially lower cost than going it alone at a later date. • • • MEMO To: Michael J. McCauley, City Manager From: Patty Hartwig, Information Technology Coordinator Subject: Fiber Infrastructure Project Date: September 30, 2003 LOGIS has begun a 5 -year project to work with member Cities to create a fiber infrastructure that will manage the increasing demands for bandwidth on the City's internal and external applications, phone, communication and video systems. Under current technology parameters, it is anticipated that fiber would be a twenty -year plus solution. The goals of the Fiber Infrastructure Project are to: • Connect member communities with seamless high -speed connections to LOGIS, County, and State applications, to share resources with other Cities, and provide effective and • efficient Internet access. • Increase abilities of each City's local - area - networks (LAN), phone, communication and video systems, including 800mhz radio systems (fiber could eliminate the need for microwave towers). • Reduce administration and problems that are caused by bandwidth. With the fiber optic cable, speed would increase to 1000MB and would continue to increase as other technology advances. These speeds will become necessary as applications needs grow. With a citywide fiber infrastructure the City would be able to reduce significantly the communication links currently purchased through Qwest, combine separate building phone systems into one, and reduce the number of "computer rooms" for all data servers and phone systems into one location. The result would be a substantial amount of capital and annual operational costs savings. Attached are estimated capital expenses and annual operational savings for building fiber infrastructure to every City building. Some connections are quoted together because it would be more cost effective. For example, Public Works Garage and Police, both would require going over Highway 694, and then routing in different directions. If a fiber solution is not the direction the City is advancing to, other solutions would have to be designed to address performance problems we have today and anticipate in the future. There would a cost for these solutions that would burden the annual City operational budget. • • Memorandum to Michael J. McCauley September 30, 2003 The first step in building the fiber infrastructure for Brooklyn Center is between the City and LOGIS. LOGIS has coordinated discussions with Brooklyn Center and the Cities of Crystal, Robbinsdale, Golden Valley, New Hope, West Metro Fire, Robbinsdale School District and Hennepin County Library. Robbinsdale School District completed an RFP process, offering as "alternates" costs to the Cities listed above to LOGIS. Hennepin County Library's goal is to connect their library system to the Ridgedale location. Brooklyn Center's link to LOGIS would be from Robbinsdale Public Works building to Brooklyn Center City Hall. The cost for the link from Robbinsdale Public Works building to Brooklyn Center City Hall would be $98,000. Because LOGIS and Hennepin County Library would benefit from this fiber infrastructure, the costs would be shared. The cost to the City would $60,000. Hennepin County Library and LOGIS are requesting a commitment from the City of Brooklyn Center for phase one of the Fiber Infrastructure Project— the link from Robbinsdale Public Works to Brooklyn Center City Hall. The Cities of Crystal, Robbinsdale, Golden Valley, New Hope, West Metro Fire, Robbinsdale School District and Hennepin County Library are committed to building this joint fiber infrastructure - creating a partnership for cost sharing and • savings. Other Cities have built their own fiber infrastructure; • The City of Shakopee partnered with Scott County and the school district. • The City of Maple Grove has partnered with Osseo School District in developing a fiber infrastructure. • The City of Hutchinson built a fiber infrastructure. • The City of Plymouth built a fiber infrastructure. • LOGIS has partnered with the State of Minnesota in developing fiber connectivity. In the future there will be more opportunity to expand the fiber infrastructure in Brooklyn Center with other public and private sectors. At your direction I will continue to research if other partnerships can be established in obtaining the goal of connecting all City buildings to a fiber infrastructure. The City of Maple Grove has expressed interest in discussions. They have partnered with Osseo School District in developing their citywide fiber infrastructure. Garden City Elementary is in the Osseo School District and is approximately one -half mile from the West Fire Station. Maple Grove is a LOGIS member and their LOGIS fiber link could be obtained from connecting to Brooklyn Center City Hall if that fiber link is approved. The potential exists that the costs for the fiber link from City Hall to West Fire could be shared with the City of Maple Grove. There may also be opportunity to reduce the cost of fiber with opportunities of putting conduit in areas where street projects are scheduled and where City fiber • is planned for in the future. • Memorandum to Michael J. McCauley September 30, 2003 LOGIS and the partnership with Robbinsdale School District needs a commitment from Brooklyn Center for phase one, fiber between Robbinsdale Public Works building and Brooklyn Center City Hall. The cost for this infrastructure would be $98,000; Brooklyn Center's commitment would $60,000. An additional $8,000 would be needed for hardware and a fiber link connecting the fiber from outside the building to the City Hall computer room. The total for this phase for Brooklyn Center would be $68,000. If the City of Brooklyn Center is interested in partnering in this project, the partnership has requested a commitment from the City of Brooklyn Center by October 14, 2003. The estimated time of completion of this phase would be spring of 2004. Other phases would be done as direction, priority and funding allow. Attachment • • • City of Brooklyn Center Fiber Infrastructure Project Robbinsdale Public Works to City Hall (LOGIS Communication) Expenses — $68,000 • $60,000 — Installation and Termination of Fiber and 20 Years Maintenance Additional $38,000 funded by Hennepin County Library and LOGIS • $3,000 — One (1) Switch (Data) • $3,200 — Two (2) GBIC Cards Extended Reach (Data) • $1,800 — Fiber from Building Entrance to City Hall Computer Room (Data) Estimated Annual Savincs - $13,594 • $1,944 — Data T1 Point to Point LOGIS to Police Majority of the Point to Point cost, $3,400 annually, is paid for by the State of MN because the data link is also used for the Police Criminal Justice Information Systems (CJIS) connection. If fiber is in place the State will upgrade the connection to 100MB and reimburse any additional savings back to the City. The estimate savings is included above. • $600 — Eliminate the purchase of three (3) Adtrans — replaced every 5 years at $1,000 each • $750 — Eliminate the purchase of one (1) Router — replaced every 4 years at $3,000 each • $400 — Eliminate annual maintenance of one (1) Router • $1,000 — Eliminate the purchase of one (1) Firewall — replaced every 4 years at $4,000 each • $600 — Eliminate annual maintenance of one (1) Firewall • $8,300 —New PIMS (permit, code enforcement, business licenses) application will be available in 2004. The cost of a new server necessary under current infrastructure is not included in the 2004 budget. If the City has fiber connectivity to LOGIS they would be able to use the PIMS server located at LOGIS at no additional cost. The replacement cycle of a server is every three years at $4,300. The annual Microsoft licensing would be $1,200. Operational Benefits • Connect to the City data network at 1000MB speeds meeting the demands of software applications and end -user speed performance. • Wireless network opportunity. City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • • When a new telephone system is purchased, estimate 2008, and if fiber infrastructure connects City Hall, Police and Earle Brown Heritage Center, the replacement telephone system would be at one central location — City Hall. Currently these buildings have their own telephone systems that are linked with voice T1 lines. Reducing from three telephone systems into one would result in a reduction of Qwest costs of approximately $20,400 annually. New 5 -year contracts were signed by City Council in June 2003 for the three telephone system locations. At that time and at this time it is not anticipated that the telephone systems would be replaced before the contract expires in June 2008. Early termination of the contracts would result in a penalty. • • City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 City of Brooklyn Center • Fiber Infrastructure Project City Hall to Police (done at same time as Public Works Garage) Estimated EXDenses - $47,800 • $47,000 — Installation and Termination of Fiber • $800 — Two (2) GBIC Cards (Data) Estimated Annual Savings - $10,075 • $2,825 — Data T1 Point to Point City Hall to Police • $2,800 — Radio Circuit City Hall to Police • $800 — Eliminate the purchase of four (4) Adtrans — replaced every 5 years at $1,000 each • $750 — Eliminate the purchase of one (1) Router — replaced every 4 years at $3,000 each • $400 — Eliminate annual maintenance of one (1) Router • $2,500 — Eliminate the purchase of one (1) Server — replaced every 3 years at $7,500 Operational Benefits • Connect to the City data network at 1000MB speeds meeting the demands of • software applications and end -user speed performance. • Wireless network opportunity. • Potential to save a large amount of money by using fiber for 800mhz radio. With the fiber infrastructure there would be no need for microwave towers. A consultant would have to assist in determining the cost savings. • When a new telephone system is purchased, estimate 2008, and if fiber infrastructure connects City all Police and Earle Brown Heritage Center the Y � E g replacement telephone system would be at one central location — City Hall. Currently these buildings have their own telephone systems that are linked with voice T1 lines. Reducing from three telephone systems into one would result in a reduction of Qwest costs of approximately $20,400 annually. New 5 -year contracts were signed by City Council in June 2003 for the three telephone system locations. At that time and at this time it is not anticipated that the telephone systems would be replaced before the contract expires in June 2008. Early termination of the contracts would result in a penalty. • City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • City of Brooklyn Center Fiber Infrastructure Project City Hall to West Fire Estimated Exuenses - $44,500 • $42,000 — Installation and Termination of Fiber • $1,700 — One (1) 24 -Port Switch (Data) • $800 — Two (2) GBIC Cards (Data) Estimated Annual Savings - $1060 • $500 — Data DSL • $780 — Voice OPX Circuit City Hall to West Fire • $780 — Radio Circuit Police to West Fire Operational Benefits • Connect to the City data network at 1000MB speeds meeting the demands of software applications and end -user speed performance. • Wireless network opportunity. • Opportunity to use West Fire as an Emergency Operation Center (EOC). • • City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • City of Brooklyn Center Fiber Infrastructure Project City Hall to East Fire Estimated Ext)enses $11.500 • $10,000 —Installation and Termination of Fiber • $700 — One (1) 12 -Port Switch (Data) • $800 — Two (2) GBIC Cards (Data) Estimated Annual Savincs — $0 Operational Benefits • Connected to the City data network — currently not connected. • Wireless network opportunity. • • City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • City of Brooklyn Center Fiber Infrastructure Project City Hall to Earle Brown Heritage Center Estimated ExUenses — $27,800 • $27,000 — Installation and Termination of Fiber • $800 — Two (2) GBIC Cards (Data) Estimated Annual Savinpas - $4,375 • $2,825 — Datalloice TI Point to Point City Hall to EBHC • $400 — Eliminate the purchase of two (2) Adtrans — replaced every 5 years at $1,000 each • $750 — Eliminate the purchase of one (1) Router — replaced every 4 years at $3,000 each • $400 — Eliminate annual maintenance of one (1) Router 0- perational Benefits • Connect to the City data network at l OOOMB speeds meeting the demands of software applications and end -user speed performance. • Wireless network opportunity. • To provide clients the service of high -speed Internet access. Currently Internet • access not an offered service, however there is a high demand. There would be a need to purchase a wireless solution interfacing the fiber with end user need. • When a new telephone system is purchased, estimate 2008, and if fiber infrastructure connects City Hall, Police and Earle Brown Heritage Center, the replacement telephone system would be at one central location — City Hall. Currently these buildings have their own telephone systems that are linked with voice T1 lines. Reducing from three telephone systems into one would result in a reduction of Qwest costs of approximately $20,400 annually. New 5 -year contracts were signed by City Council in June 2003 for the three telephone system locations. At that time and at this time it is not anticipated that the telephone systems would be replaced before the contract expires in June 2008. Early termination of the contracts would result in a penalty. I City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 I�— • City of Brooklyn Center Fiber Infrastructure Project City Hall to Public Works Garage (done at same time as Police) Estimated Expenses — $26,100 • $23,000 — Installation and Termination of Fiber • $800 — Two (2) GBIC Cards (Data) • $2,300 — Two (2) Fiber Cards for Telephone System (Voice) Estimated Annual Savings — $7,250 • $2,900 — Data/Voice T1 Point to Point City Hall to Public Works Garage • $2,800 — Radio Circuit City Hall to Police • $400 — Eliminate the purchase of two (2) Adtrans — replaced every 5 years at $1,000 each • $750 — Eliminate the purchase of one (1) Router — replaced every 4 years at $3,000 each • $400 — Eliminate annual maintenance of one (1) Router Operational Benefits • Connect to the City data network at 1000MB speeds meeting the demands of • software applications and end -user speed performance. This location has performance problems, in particular to Geographic Information Systems (GIS) applications. This affects daily operations and restricts the use of technology. City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • City of Brooklyn Center Fiber Infrastructure Project City Hall to Centerbrook Golf Course Estimated EYUenses — $59,500 • $58,000 —Installation and Termination of Fiber • $700 — One (1) 12 -Port Switch (Data) • $800 — Two (2) GBIC Cards (Data) Estimated Annual Savings — $500 • $500 — Data DSL Operational Benefits • Connect to the City data network at I OOOMB speeds meeting the demands of software applications and end -user speed performance. • When telephone system is replaced, estimate 2008, there would be an annual savings of $3,300. • • City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • City of Brooklyn Center Fiber Infrastructure Project City Hall to Liquor Store (Xerxes) Estimated Ext)enses — $38,500 • $37,000 —Installation and Termination of Fiber and 20 Years Maintenance • $700 — One (1) 12 -Port Switch (Data) • $800 — Two (2) GBIC Cards (Data) Estimated Annual Savings — $500 • $500 — Data DSL Operational Benefits • Connect to the City data network at 1000MB speeds meeting the demands of software applications and end -user speed performance. • Move server to City Hall for central location for management and security. • When telephone system is replaced, estimate 2008, there would be an annual savings of $2,500. I I • I • City of Brooklyn Center Fiber Infrastructure Project September 29, 2003 • City Council Agenda Item No. 11m • October 1, 2003 MEMO TO: Michael McCauley, City Manager FROM: Curt Bogan4ssistant City Manager- Director of Operations SUBJECT: Lease Agreement — BC Liquor # 2 with Johnco L.L.C. Following a brief report from the City Manager at the August 11, 2003 work session, the consensus direction of the City Council was for staff to negotiate a lease for a second liquor store for City Council consideration. Since that work session several meetings have been held with Greg Watson, Vice- President for Development, Westbrook Development, representing the owners of the shopping center located at 69 and Brooklyn Blvd. This is the site for which the City conducted a study to determine the market feasibility for a successful second municipal liquor store in Brooklyn Center. The principal conclusion of that study was that a second store with 4,725 S.F. of sales area would generate approximately$ 2,305,000 in sales. While Store # 1 is expected to see a slight • drop in sales to $ 3,109,836; the combined sales should generate a net income of approximately $300,000 versus $ 180,000 annually. Based on the findings of the report and given the direction of City Council, attached is a proposed 10 year lease with Johnco L.L.C. for Spaces 2,3,4,5 & 6, for the lease of approximately 6,879 square feet of retail space located at the 69 and Brooklyn Blvd in the Brooklyn Market Shopping Center. As provided in the market study this space will be sufficient to provide the required 4,725 S.F. of sales area needed. Lease Key Elements • Minimum rent $ 93,360 annually with no escalation • Maximum rent 4.25% of gross sales • No Common Area Maintenance Fee • Substantial improvements including office space, bathrooms and twenty -three (23) door refrigeration unit included in base rent • Renewal clause provides, tenant option to renew for second ten year term • Lump sum payment provision for specific leasehold improvements bchquor #2 lease.mem • Comparisons • BC # 2 Lease • The minimum rent is equal to $13.57 per square foot. • Based on gross sales of $ 2.3 million, the 4.5% of gross sales rent would equal $103,500 or $ 15.04 per square foot. • Base rent includes the cost of a refrigerated cooler unit with an estimated value of $60,000. • Base rent includes improvements i.e. painting, floor covering and ceiling tiles typically funded by Tenant. BC # 1 Lease • Current rent is $14.50 er square foot plus 1.5 % percentage rent over certain P q P P g thresholds plus CAM, which is equal to approximately $3.90 per sq.ft. Based on this comparison the proposed BC # 2 Lease is a very competitive arrangement. I • I I I . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT 69' AND BROOKLYN BOULEVARD SHOPPING CENTER WHEREAS, attached to and incorporated herein by reference is Exhibit A as a proposed shopping center lease between Johnco L.L.C. and the City of Brooklyn Center for the operation of an approximately 6,879 square foot liquor store; and WHEREAS, the terms and conditions set forth in the shopping center lease attached hereto as Exhibit A appears to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manger be and hereby are authorized to execute the shopping center lease attached hereto as Exhibit A on behalf of the City of Brooklyn Center with such finalization of the exact language to be set forth in the Exhibits as are deemed acceptable by the City Manager to finalize the exact descriptions set forth in the Exhibits. • Date Mayor ATTEST: City 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. • BOULEVARD MARKET SHOPPING CENTER LEASE • Spaces No. 2, 3, 4, 5, & 6 Address: 69 & BROOKLYN BOULEVARD This Lease is made and entered into as of this 19th day of September, 2003 by and between Johnco, L.L.C., a Minnesota limited liability company (herein called "Landlord ") and The City of Brooklyn Center (herein called 'Tenant "). I. FUNDAMENTAL LEASE TERMS. A. Parties. Landlord: Johnco, L.L.C. Tenant: City of Brooklyn Center B. Premises (Section 1). Spaces 2, 3, 4, 5, & 6 located at 69�" and Brooklyn Center Boulevard in the Boulevard Market Shoppinq.Center, Brooklyn Center, Minnesota. C. Term (Section 4). Three ( 10 ) Lease Years commencing 30 days after Landlord turnover of space. Landlord turnover date, 12/15//03. D. Minimum Rent (Section 3). • Minimum Rent shall be as follows: Lease Yr. Per Sq Ft Annual Monthlv 1 13.57 93,360 7,780.00 2 13.57 93,360 7,780.00 3 13.57 93,360 7,780.00 4 13.57 93,360 7,780.00 5 ' 13.57 93,360 7,780.00 6 13.57 93,360 7,780.00 7 13.57 93,360 7,780.00 8 13.57 93,360 7,780.00 9 13.57 93,360 7,780.00 10 13.57 93,360 7,780.00 E. Addresses (Section 30(xviii)). (i) If to Landlord: Johnco, L.L.C. 3040 Woodbury Drive Woodbury, MN 55125 Attention: Greg Watson W1We fboek Puokc Wn .fi..IEMPLOy£E FOLOFMGREGlanoktyn CenleMMuniopal Liewn1d303 lease Mu iaal Umw Rvision 3.dot - Rmmn No.3 10.D-M I QQhQTCM rn >inn, i c;qm LG1:9I ga ©z -M -13o (ii) If to Tenant: City of Brooklyn Center • 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Attention Of: City Manager F. Permitted Use (Section 2). The Premises shall be used only for "Municipal Liquor' and operated under the trade name of "Brooklyn Center Municipal Liquor Store #2. 1. PREMISES. Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain space (herein called "Premises "), having dimensions of approximately 98.27 feet in frontage by 70 feet in depth and containing approximately 6,879 square feet of floor area. Square feet is measured from the outside walls to the center point of the interior partition walls. The location and dimensions of said Premises are delineated on the site plan attached hereto as Exhibit "A "' attached hereto and incorporated by reference herein. Said Premises are located in the City of Brooklyn Center, County of Hennepin, State of Minnesota. The Premises are located in the Boulevard Market "Shopping Center." As used herein, the term "Shopping Center" shall mean the property legally described on Exhibit "A -1" attached hereto and made a part hereof, together with any and all buildings and e other improvements now or hereafter located thereon. 2. USE PROHIBITED USES. Tenant shall not use or permit the Premises to be used for any purpose, or operated under any tradename, other than as set forth in Article I(F). Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing .rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents. If an increase in any insurance premium paid by Landlord for the Shopping Center is caused by Tenant's use of the Premises or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay as additional rent the amount of such increase to Landlord. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. • 2 r^-+ • -� - �� n �nnvc7 i cam Ira •OT' cfaGi7_f•1. T_ I'ln I 3. RENT 3.A. Tenant agrees to pay to Landlord as Minimum Rent, without notice, demand, set -off or counterclaim the sum set forth in Article I(D), payable in advance, on or before the first day of each and every successive calendar month during the term hereof, except the first month's rent shall be paid upon the execution hereof. The rent shall commence 30 days after substantial completion of Landlord's Work as set forth in Exhibit B attached hereto and incorporated herein by reference, or when the Tenant opens for business, whichever is sooner. Landlord agrees that it will, at its sole cost and expense as soon as is reasonably possible after the execution of this Lease, commence and pursue to completion the improvements to be erected by Landlord to the extent shown on the attached Exhibit B labeled " Landlord's Work." The term "substantial completion of the Premises" is defined as the date on which Landlord or its Architect notifies Tenant in writing that the Premises are substantially complete to the extent of Landlord's Work specified in Exhibit B hereof. Rent for any period which is for less than one (1) month shall be a prorated portion of the monthly installment herein based upon a thirty (30) day month. All rental payable hereunder shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America and at such place as Landlord may from time to time designate in writing. 3.B. Percentage rent shall be owed for lease years 1 -10. Percentage rent for lease years 1 -10 shall be an amount calculated by taking four and one - quarter (4.25) percent of gross sales and subtracting minimum rent. In the event that four and one- ' quarter (4.25) percent of gross sales is less than the minimum rent, percentage rent shall be zero. Percentage rent for lease years 1 -10 shall be payable in monthly installments, in arrears on the tenth (10) day of the month immediately following the month for which 'percentage rent is owed, based on the minimum rent owed and the gross sales of the month for which percentage rent is owed. 4. TERM The lease term shall be 10 years, commencing on the date Tenant is obligated to commence rental payments hereunder. The parties hereto acknowledge that certain obligations under various articles hereof may commence prior to the lease term, i.e., construction, hold harmless, liability insurance, etc.; and the parties agree to be bound by these articles prior to commencement of the lease term. Oation to Extend. Tenant at its option, may extend the term for the entire Premises for an additional ten (10) years by giving written notice to Landlord ('Tenant Extension Notice') at least twelve (12) months but not more than fifteen (15) months before the expiration of the initial Term, provided that: (a) at the time of Tenant's Extension Notice and at the commencement of the Extended term, there shall be no default by Tenant under this Lease and (b) no material, adverse change in the financial condition of Tenant has • 3 tin c - oo+ or�o n�anarr �nna� i c - Mm TM • OT cnn7_nT_ 1 -,n occurred. Upon the service of the Tenant's Extension Notice and subject to the preceding conditions, this Lease shall be extended without the necessity of the execution of any further instrument or document. The extended Term shall commence upon the expiration date of the initial Term, expire upon the annual anniversary of such date ten (10) years thereafter, and be upon the same terms, covenants, and conditions as provided in this Lease, except that Tenant shall not have any additional rights to extend the Term, the Rent Payable during the extended Term shall be at the rates and amounts set forth in Section 3. Rent Payment of all additional charges required to be made by Tenant as provided in this Lease during the initial Term shall continue to be made during the extended Term. Any unauthorized assignment or subletting by Tenant of this Lease terminates this option of Tenant to extend the Term. 5. SECURITY DEPOSIT. Concurrently with Tenant's execution of this Lease, Tenant has deposited with Landlord a sum of $7,780.00. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent. Landlord may (but shall not be required to) use, apply, or retain all or any part of this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied Tenant shall, within five (5) • days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount and Tenant's failure to do so shall be a default under this Lease. Landlord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within ten (10) days following expiration of the Lease term. In the event of termination of Landlord's interest in this Lease, Landlord shall transfer said deposit to Landlord's successor in interest. 6. COMPLIANCE WITH LAW, RULES AND REGULATIONS. Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, restrictive covenant affecting the Shopping Center or any statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or i 4 cry •.a ctir m�n�rr �nn�+a � ��ro �A :9T S"G1G� ?. - G1L - I �n • acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Landlord and Tenant. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. The rules and regulations shall be binding upon the Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants or occupants. 7. ALTERATIONS AND ADDITIONS. Tenant shall not make or allow to be made any alterations, additions or improvements to or of the Premises or any part thereof without first obtaining the written consent of Landlord and any alterations, additions or improvements to or of said Premises, including, but not limited to, wall covering, paneling and built -in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, given at least thirty (30) days prior to the end of the term, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements • made by Tenant, designated by Landlord to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal, or reimburse Landlord for repairs made as a result of such damages. 8. REPAIRS. 8.A. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and conduits, heating and air - conditioning systems (when there is an air - conditioning system). Tenant shall obtain a service contract for repairs and maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any, on said system. Tenant shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear excepted. Any damage to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. • 5 Cn • J r�,i.,nr_��.oTC -o f'l7MN-Ir ' 4nn,44 I C'-IM 7P -QL S" P7 -PT- i -)n 8.B. Notwithstanding the provisions of Section 8.A. hereinabove, Landlord shall • repair and maintain the structural portions of the Building, including the exterior walls, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees, invitees, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs. Tenant shall pay for any painting and tuckpointing as part of the common area expenses. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Section 20 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. 9. LIENS Tenant shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one -half (1 1/2) times the estimated cost of any improvements, additions, or alterations in the Premises which the Tenant desires to make, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. 10. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this lease or any interest therein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld subject to the criteria hereinafter set forth. Except that if the City is no longer in the municipal liquor business the Tenant may assign this Lease upon prior written consent of the Landlord, which consent shall not be unreasonable withheld subject to the criteria hereinafter set forth. In evaluating and determining whether or not to consent to a requested assignment or sublease of the Premises by Tenant, Landlord must receive adequate assurance that: the net worth, financial condition and stability of the proposed assignee or subtenant is at least equal to or greater than that of Tenant immediately preceding such assignment or subletting; the reputation, management experience and expertise of the assignee or subtenant is at least equal to or greater than that of Tenant immediately preceding such assignment or subletting; the ability and likelihood of payment of all rents and other amounts due hereunder, shall not diminish by reason of such assignment or subletting; and such • 6 r n • r r...nni.nT` -n n1�/7(T �nnaa i yam 7f.1 •QT C'tiG17- (.'iT� I "lfl i • other assurances as Landlord requires. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by any other person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this lease and Tenant shall acknowledge same in a written instrument ument satisfactory to Landlord at the time of such assignment or subletting. Each permitted sublease shall expressly be made subject to the provisions of this lease. Each permitted assignee and sublessee shall expressly assume all of the obligations of Tenant hereunder in a written instrument satisfactory to Landlord at the time of such assignment or subletting. In the event Tenant shall assign this lease or sublease the Premises for rent or other consideration in excess of the rent payable hereunder, Landlord shall receive all such excess rent or other consideration as additional rent hereunder. The assignee or sublessee shall be required to pay directly to Landlord all payments due by such assignee or sublessee. A change in the beneficial or record ownership of any class of capital stock of Tenant, a transfer of partnership interests or of the beneficial interest in Tenant, and a sale of substantially all of the merchandise on the Premises to one purchaser shall be treated as and deemed to be an event of assignment of this lease within the forgoing provisions of this paragraph. Any assignment or subletting without Landlord's consent as provided herein shall be void and shall, at the option of Landlord, constitute a default under the terms of this lease. Landlord may charge an administrative fee to process any request for consent to a sublease or assignment hereunder; provided such administrative fee charged by Landlord shall not exceed $500. • 11. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes ail risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. "Nothing herein shall be deemed a waiver by the tenant of the limitations on liability set forth in Minnesota Statutes, Chapter 466" • �a C�tgghQ %Cq m=n - ;o � 2a:9i 20 0z- OL -190 Landlord or its agents shall not be liable for any loss or damage to persons or property • resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defect in the Premises. 12. SUBROGATION. As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall apply to their insurers to obtain said waivers. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 13. LIABILITY INSURANCE. Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of commercial general public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be combined single limit liability insurance in the amount of not less than $1,000,000.00, or such greater coverage as Landlord may reasonably require. The limit of any such insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may provide this insurance under a blanket policy, provided that said insurance shall have a Landlord's protective liability endorsement attached • thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. Insurance required hereunder shall be in companies rates A:XII or better in "Best's Key Rating Guide." Tenant shall deliver to Landlord, prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of such,,insurance with loss payable clauses satisfactory to Landlord. No policy shall be cancelable or subject to reduction of coverage without 30 days prior written notice to Landlord. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. 14. UTILITIES. Tenant shall pay for all water, gas, heat, light, power, sewer charges, telephone service and all other services and utilities supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises. 15. PERSONAL PROPERTY TAXES. Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any or all of the • 8 �a a cbboq}gTCQ m:;n:iR �>innNRLS 20:9? 200E —ati -100 • Tenant's leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property. 16. HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term hereof with the express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in an amount equal to 2 times the last Monthly Minimum Rent, plus all other charges payable hereunder, and upon all the terms hereof applicable to a month to month tenancy. 17. ENTRY BY LANDLORD. Landlord reserves, and shall at any and all times have, the right to enter the Premises to inspect the same, to submit said Premises to ..prospective purchasers or tenants, to post notices of non - responsibility, to repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with • Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant property, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. Tenant shall permit Landlord to erect, use, maintain and repair pipes, cables, conduits, plumbing, vents and wires in, to and through the Premises as often and to the extent that Landlord may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the Shopping Center. 18. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. 18.A. The vacating or abandonment of the Premises by Tenant. • 9 nT J rr" Mni MTrO nizn=rT -Anm4c i cam CP •QT CG1P7 -MT_ 1 -)n 18.B. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder when due. 18.C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this lease to be observed or performed by the Tenant, other than described in Section 18.13 above, where such failure shall continue for a period of ten (10) days after written notice thereof by Landlord to Tenant. 18.D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days. 18.E. Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or the Shopping Center and /or the project of which the Premises are a part. 18.F. In the event that an order for relief is entered in any case under Title 11, • U.S.C. (the "Bankruptcy Code ") in which Tenant is the debtor and: (A) Tenant as debtor -in- possession, or any trustee who may be appointed in the case (the "Trustee ") seeks to assume the lease, then Tenant, or Trustee if applicable, in addition to providing adequate assurance described in applicable provisions of the Bankruptcy Code, shall provide adequate assurance to Landlord of Tenant's future performance under the Lease by depositing with Landlord a sum equal to the lesser of twenty -five percent (25 %) of the rental and other charges due for the balance of the Lease term or six (6) months' rent ( "Security "), to be held (without any allowance for interest thereon) to secure Tenant's obligation under the Lease, and (B) Tenant, or Trustee if applicable, seeks to assign the Lease after assumption of the same, then Tenant, in addition to providing adequate assurance described in applicable provisions of the Bankruptcy Code, shall provide adequate assurance to Landlord of the proposed assignee's future performance under the Lease by depositing with Landlord a sum equal to the Security to be held (without any allowance or interest thereon) to secure performance under the Lease. Nothing contained herein expresses or implies, or shall be construed to express or imply, that Landlord is consenting to assumption and /or assignment of the Lease by Tenant, and Landlord expressly reserves all of its rights to object to any assumption and /or assignment of the Lease. Neither Tenant nor any Trustee shall conduct or permit the conduct of any "fire ", "bankruptcy ", "going out of business" or auction sale in or from the Premises. • io TT '-J TCC n1:;nirr �4nnNg1Q�m q MSP -PT - Inn • 19. REMEDIES IN DEFAULT. 19.A. REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any • loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises ,to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows: (1) For all attorneys' fees incurred by Landlord in connection with exercising any remedy thereof; (2) For the unpaid installments of base rent, additional rent or other unpaid sums which were due prior to such reentry, including interest and late payment fees, which sums shall be payable immediately. (3) For the installments of base rent, additional rent, and other sums falling due pursuant to the provisions of this Lease for the period after reentry • 7T Cbbggt7gTCq 07sn cC �innxsls' rM . 2©ez- of -soo during which the Premises remain vacant, including late payment charges • and interest, which sums shall be payable as they become due hereunder. (4) For all expenses incurred in releasing the Premises, including leasing commissions, attorneys' fees, and costs of alteration or repairs, which shall be payable by Tenant as they are incurred by Landlord; and (5) While the Premises are subject to any new lease or leases made pursuant to this Section, for the amount by which the monthly installments payable under such new lease or leases is less than the monthly installment for all charges payable pursuant to this Lease, which deficiencies shall be payable monthly. Notwithstanding Landlord's election to terminate Tenant's right to possession only, and notwithstanding any reletting without termination, Landlord, at any time thereafter, may elect to terminate this Lease, and to recover (in lieu of the amounts which would thereafter be payable pursuant to the foregoing, but not in diminution of the amounts payable as provided above before termination), as damages for loss of bargain and not as a penalty, an aggregate sum equal to the unpaid base rent, percentage rent, and additional rent and all other charges which would have been payable to Tenant for the unexpired portion of the term of this Lease, which deficiency and all expenses incident thereto, including commissions, attorneys' fees, expenses of alterations and repairs, shall be due to Landlord as of the time Landlord exercises said election, • notwithstanding that the term had not expired. If Landlord, after such reentry, leases the Premises, then the rent payable under such new lease shall be conclusive evidence of the rental value of the unexpired portion of the term of this Lease. If this Lease shall be terminated by reason of bankruptcy or insolvency of Tenant, Landlord shall be entitled to recover from Tenant or Tenant's estate, as liquidated damages for loss of bargain and not as a penalty, the amount determined by the immediately preceding paragraph. 19.B. LANDLORD'S RIGHT TO PERFORM FOR ACCOUNT OF TENANT. If Tenant shall be in Default under this Lease, Landlord may cure the Default at any time for the account and at the expense of Tenant. If Landlord cures a Default on the part of Tenant, Tenant shall reimburse Landlord upon demand for any amount expended by Landlord in connection with the cure, including, without limitation, attorneys' fees and interest. 19.C. INTEREST AND ATTORNEY'S FEES. If Landlord places in the hands of an attorney (or collection company) the enforcement of all or any part of this Lease, the collection of any rent due or to become due or recovery of the possession of the Premises, Tenant agrees to pay Landlord's costs of collection, including reasonable attorney's fees for the services of the attorney, whether suit is actually filed or not. • 12 7T a Cnnaq+2aTCa rnan=�R >nn�a i qqm tin :q? mP7 -ni - i • 19.D. ADDITIONAL REMEDIES. WAIVERS ETC. (1) The rights and remedies of Landlord set forth herein shall be in addition to any other right and remedy now and hereafter provided by law. All rights and remedies shall be cumulative and not exclusive of each other. Landlord may exercise its rights and remedies at any times, in any order, to any extent, and as often as Landlord deems advisable without regard to whether the exercise of one right or remedy precedes, concurs with or succeeds the exercise of another. (2) A single or partial exercise of a right or remedy shall not preclude a further exercise thereof, or the exercise of another right or remedy from time to time. (3) No delay or omission by Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of, or acquiesce to, a Default. (4) No waiver of Default shall extend to or affect any other Default or impair any right or remedy with respect thereto. • (5) No action or inaction by Landlord shall constitute a waiver of Default. (6) No waiver of a Default shall be effective unless it is in writing and signed by Landlord. 20. DEFAULT BY LANDLORD. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to actual and not consequential damages and/or to seek an injunction. 21. RECONSTRUCTION. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and • 13 b.T'r� , 1qbb99b9T4;q 073n33Q A006EiS311 b© :9T R00E -0.T -100 while such repairs are being made, such proportionate reduction to be based upon the • extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than ten (10 %) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of ten (10 %) percent or more of the full replacement cost then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as hereinabove in this Section provided; or (2) give notice to Tenant at any time within ninety (90) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the, event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when • either: (1) the damage resulting from any casualty covered under this Section occurs during the last twenty -four months of the term of this Lease or any extension thereof; or (2) if Landlord's mortgagee does not release all of the insurance proceeds to Landlord. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant. 22. EMINENT DOMAIN. If more than twenty -five (25 %) percent of the Premises shall be taken or appropriated by any public or quasi - public authority under the power of eminent domain or is sold in lieu of condemnation, either party hereto shall have the right, at its option, within sixty (60) days after said taking, to terminate this Lease upon thirty (30) days written notice. If either less than or more than 25% of the Premises are taken (and neither party elects to terminate as herein provided), the Minimum Rent thereafter to be paid shall be equitably reduced. If any part of the Shopping Center other than the Premises may be so taken or appropriated or sold, Landlord shall within sixty (60) days of said taking have the right at its option to terminate this Lease upon written notice to Tenant. In the event of any taking or appropriation or sale in lieu thereof whatsoever, Landlord shall be entitled to any and all awards and /or settlements which may be given and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. 14 CT',4 Cb bggr>gTCq n7=nan >innNpIg7m cn:gT S P7.- nT -17n • 23. PARKING AND COMMON AREAS. Landlord covenants that upon completion of the Shopping Center an area approximately equal to the area shown as common and parking areas on the attached Exhibit "A" shall be available for the non - exclusive use of Tenant during the full term of this lease or any extension of the term hereof, provided that such areas at all times shall be subject to the exclusive control and management of Landlord or its designees, and Landlord shall have the right from time to time: to construct, maintain and operate lighting and parking facilities on all common areas; to police the same; to change or reduce the area, level, location, size and arrangement of parking areas and other facilities hereinafter referred to; to restrict parking by Tenants and their officers, agents and employees to employee parking areas; to close all or any portion of said areas or facilities to such extent as may, in the opinion of Landlord's counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the parking areas or facilities; to erect improvements or buildings on such parking areas for lease or sale purposes', to discourage non - customer parking; and to change the entrances, exits, traffic lanes and boundaries and locations of the parking areas. 23.A. Landlord shall cause said common and parking areas to be graded, surfaced, marked and landscaped at no expense to Tenant either prior to the date of Tenant's opening for business in the Premises or as promptly thereafter as is reasonably possible. • 23.B. The Landlord shall keep said automobile parking and common areas in a neat, clean and orderly condition and shall repair any damage to the facilities thereof, but all expenses in connection with said automobile parking and common areas shall be charged and prorated in the manner as set forth in Section 3.C. hereof. 23.C. Tenant, for the use and benefit of Tenant, its subtenants, employees. customers, licensees and subtenants, shall have the non - exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers, licensees and subtenants, to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, and automobile parking, subject to the provisions of Section 23 above. 23.D. The Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include but shall not be limited to the following: (1) The restricting of employee parking to a limited, designated area or areas; and (2) The regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant; and (3) The restricting of parking to certain time limits. 15 9I' CbbgghgTCq f11:�n:z7 NMNQ I Cq(>1 C2 ! 4T C'G1Gf ? -2 L- 17n 24. SIGNS. Tenant shall erect one sign on the front of the Premises not later than • the date Tenant opens for business, in accordance with a design to be prepared by Tenant and approved in writing by Landlord, in accordance with Landlord's sign criteria as delineated on Exhibit "D" attached hereto and incorporated by reference herein. Notwithstanding anything contained to the contrary in the Lease, any sign affixed to any building in the Shopping Center by Tenant, at the expiration or earlier termination of the Lease such sign shall automatically, without any further act or documentation become the property of Landlord, and Tenant shall have no right to remove same. After Tenant initially affixes said sign Tenant shall have no right to remove same without Landlord's written consent. Anything to the contrary in this Lease notwithstanding, Tenant shall not affix any sign to the roof. 25. DISPLAYS. The Tenant may not display or sell merchandise or allow grocery carts or other similar devices within the control of Tenant to be stored or to remain outside the defined exterior walls and permanent doorways of the Premises. Tenant further agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the Premises any advertising medium which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts. 26. AUCTIONS. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Premises whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy or other insolvency proceeding, or any going out of business, liquidation or fire sale. 27. HOURS OF BUSINESS. Subject to the provisions of Section 21 hereof, Tenant shall continuously during the entire term hereof conduct and carry on Tenant's business in the Premises and shall keep the Premises open for business and cause Tenant's business to be conducted therein during the usual business hours of each and every business day as �is customary for businesses of like character in the city in which the Premises are located to be open for business. Tenant shall keep the Premises adequately stocked with merchandise, and with sufficient sales personnel to care for the patronage, and to conduct said business in accordance with sound business practice to maximize Tenant's Net Sales. 28. LANDLORD'S LIEN AND SECURITY AGREEMENT. 28.A. LANDLORD'S LIEN. As security for payment of rent, damages and all other payment required to be made by this Lease, Tenant hereby grants to Landlord a lien upon all property of Tenant now or subsequently located upon the Premises. If Tenant abandons or vacates any substantial portion of the Premises or is in default in the payment of any rentals, damages or other payments required to be made by this Lease or is in default of any other provision of this Lease, Landlord may enter upon the Premises, by picking or changing locks if necessary, and take possession of all or part • 16 211 'd Sbr99b9Z 073n3Q 71MJeiSSr1 S ©:9L 5000 -BS -100 • of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash, and, on behalf of Tenant, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder all of Tenant's title and interest in the personal property sold. The proceeds of the sale of the personal property shall be applied by Landlord toward the reasonable costs and expenses of the sale, including attorney's fees, and then toward the payment of all sums then due by Tenant to Landlord under the terms of this Lease. Any excess remaining shall be paid to Tenant or any other person entitled thereto by law. 28.8. SECURITY AGREEMENT. This Lease is intended as and constitutes a security agreement within the meaning of the Uniform Commercial Code of the state in which the Premises are situated. Landlord, in addition to the rights prescribed in this Lease, shall have all the rights, titles, liens and interests in and to Tenant's property, now or hereafter located upon the Premises, which may be granted a secured party, as that term is defined under the Uniform Commercial Code, to secure to Landlord payment of all sums due and the full performance of all Tenant's covenants under this Lease. Landlord may file a financing statement to perfect its lien. Unless otherwise provided by law and for the purpose of exercising any right pursuant to this Section, Landlord and Tenant agree that reasonable notice shall be met if such notice is given by ten (10) days written notice, certified mail, return receipt requested, to Landlord or Tenant at the address specified herein. • 29. GENERAL PROVISIONS (i) Plats and Riders. Clauses, plats, riders and addendurns, if any, affixed to this Lease are a part hereof. (ii) Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of the Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such rent. (iii) Joint Obligation. If there be more than one Tenant the obligations hereunder imposed shall be joint and several. (iv) Marqinal Headinqs. The marginal headings and section titles to the sections of this Lease are not a part of the Lease and shall have no effect upon the construction or interpretation of any part hereof. • 17 PT m7narr AnnNR 1 qqm 9P -c;i s c.n?. -Pt- mn (v) Time Time is of the essence of this Lease and each and all of its • provisions in which performance is a factor. (vi) Successors and Assiqns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. (vii) Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of Landlord. viii Quiet Possession. Upon Tenant paying (viii) P P Y g the rent reserved hereunder and observing and performing all of the covenants, conditions, and provisions on Tenant's part to be observed and performed hereunder, Tenant shall peaceably and quietly hold and enjoy the Premises for the term provided for herein without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under Landlord, subject nevertheless to the terms and conditions of this lease and the mortgages and other matters to which this is subordinate. (ix) Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by • terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after that said amount is past due, then Tenant shall pay to Landlord a late charge equal to five percent (5 %) of the amount due, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and /or other charges when due hereunder. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant, and the parties agree that even if Landlord accepts a payment over five days past due without a late change, Landlord shall still have the right to collect the late charge that was due at any time upon request. Acceptance of such late charges by the Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition Tenant shall pay Landlord interest on all late payments by Tenant at the rate of the lesser of eighteen percent (18 %) per annum or the highest rate permitted by law. (x) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any No provision of this Lease may be amended or added to except b purpose. P Y P Y an agreement in writing signed by the parties hereto or their respective successors in i is I T. ' 4 CbbggbqTCq n >innNq I qqM qp ! qT. mpp -PT- 1 7n • interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. (xi) Inabilitv to Perform. This lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord. (xii) Partial Invaliditv. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. (xiii) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. (xiv) Choice of Law. This Lease shall all be governed by the laws of the State of Minnesota. (xv) Attornevs' Fees. Should it be necessary for Landlord to employ legal counsel (or a collection company) to enforce any of the provisions herein contained, • Tenant agrees to pay all costs of collection, including attorneys' fees and court costs reasonably incurred whether suit is actually filed or not. (xvi) Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this. Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. (xvii) Subordination, Attornment. Tenant hereby agrees that this Lease is, and shall be, subordinate or superior, at the option of Landlord, to any ground lease, and to any mortgage, deed of trust or any other hypothecation for security which has been or which hereafter may be placed by Landlord upon the Premises, or the land or building of which they are a part, and that such subordination or superiority, depending on Landlord's election from time to time, shall be effective without any further act by Tenant. Landlord is hereby irrevocably vested with full power and authority to subordinate Tenant's interest under this Lease to any first mortgage lien hereafter placed on the Premises. Tenant agrees hereby to execute upon demand any and all 19 GPP'r -I Cbb99b9LC9 ni ?n inn; i R 9G1:9t S GiGi� -GiL- I7n I further documents or instruments in addition to the Lease which may be deemed • necessary or requisite or desired to effectuate such subordination or superiority; provided, such subordination shall be upon the express condition that this Lease be recognized by any lessor, lessee, mortgagee, trustee and /or their successors or assigns, and that the rights of Tenant shall remain in full force and effect during the term of this Lease, or renewal or extension thereof, provided, Tenant shall continue to perform all of the covenants and conditions of this Lease and shall not be in default hereunder. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. (xviii) Notices. All notices and demands which may or are to be required or permitted to be given by either party on the other hereunder shall be in writing. All notices and demands shall be sent by United States Mail, postage prepaid, addressed to the Landlord and Tenant at the addresses listed in I(E). (xix) Tenant's Statement. Tenant agrees to furnish, from time to time, within five (5) days after receipt of a request from Landlord or Landlord's mortgagee, a statement certifying, if applicable, the following: Tenant is in possession of the Premises; the Premises are acceptable; the Lease is in full force and effect; the Lease is unmodified (or, if modified, stating the nature of such modification and certifying that this Lease as • so modified is in full force and effect); Tenant claims no present charge, lien, or claim or offset against rent; the rent is paid for the current month, but is not prepaid for more than one month and will not be prepaid for more than one month in advance; there is no existing default by reason of some act or omission by Landlord; and such other matters as may be reasonably required by Landlord or Landlord's mortgagee. Tenant's failure to deliver such statement, in addition to being a default under this Lease, shall be deemed to establish conclusively that this Lease is in full force and effect except as declared by Landlord, that Landlord is not in default of any of its obligations under this Lease, and that Landlord has not received more than one month's rent in advance. Tenant agrees to furnish, from time to time, within five (5) days after receipt of a request from Landlord, a current financial statement of Tenant, certified as true and correct by Tenant. (xx) Authority of Tenant. If Tenant is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation. In the event any representation or warranty is false, all persons who execute this Lease shall be liable, individually, as Tenant. i 20 tiZ'd Sbb9 9b9Lg9 O79n3Q >CGZZSiS2M 90:9L 20OZ -OZ -190 • (xxi) Liability of Landlord. Notwithstanding anything to the contrary provided in this Lease, it is specifically agreed and understood, such agreement being a primary consideration for the execution of this Lease by Landlord, that there shall be no personal liability of any individual in any capacity whatsoever with respect to any of the terms, covenants and/or conditions of this Lease, and that Tenant shall look solely to Johnco, L.L.C. for the satisfaction of the remedies of Tenant in the event of any breach of this Lease by Landlord, such exculpation of liability to be absolute and without any exception whatsoever. (xxii) Government Recuirements. Wherever in this Lease any terms, covenants or conditions are required to be kept or performed by Landlord, Landlord shall be deemed to have kept and performed such terms, covenants and conditions notwithstanding any action taken by Landlord, if such action is pursuant to any governmental regulations, requirements, directives or requests. (xxiii) Consult Your Attorney. Tenant acknowledges that it has reviewed this Lease and consulted with its attorney concerning this lease; that it has negotiated any and all provisions of this lease which it has deemed necessary; that it is not relying on any representations, warranties or statements of any kind whatsoever made by Landlord or any other person or entity in connection with this Lease other than are expressly set forth herein, and that the general rule of construction that a document will be construed against its draftsman shall not apply with respect to this lease. • (xxiv) Financial Statements. Within five (5) days after request thereof by Landlord or any prospective purchaser of mortgagee or other lender, Tenant hereby agrees to deliver to the requesting party Tenant's most recent financial statements and the most recent annual report, if any, all prepared in accordance with generally accepted accounting standards consistently applied. Such statements shall be signed by its president, if a corporation, or a general partner, if a partnership, who shall certify that the statement fairly presents the financial condition of Tenant as of the date stated. 30. RELOCATION. In the event Landlord determines to utilize the Premises for other purposes during the term of this Lease, Tenant agrees to relocate to another space in the Shopping Center designated by Landlord, provided such other space is of equal or larger size than the Premises. Landlord shall pay all out -of- pocket expenses of any such relocation, including the expenses of moving and reconstruction of all Tenant furnished and Landlord furnished improvements. In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms and conditions of this Lease, but with the new location substituted for the old location. 31. HAZARDOUS SUBSTANCES. Tenant, its agents or employees, shall not bring or permit to remain on Premises or Shopping Center any asbestos, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local • 21 �� C7tQQhQTCQ rnan�rt �nn4a i (z�m P •QT C' M7 -GT_ mn law or regulation ( "Hazardous Materials "). Tenant's violation of the foregoing prohibition • shall constitute a material breach and default hereunder and Tenant shall indemnify, hold harmless and defend Landlord from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorney fees and court costs) caused by or arising out of (i) a violation of the foregoing prohibition by Tenant or (ii) the presence of any Hazardous Materials on, under, or about the Premises or the Shopping Center during the term of the Lease. Tenant shall clean up, remove, remediate and repair any soil or ground water contamination and damage caused by the presence or any release of any Hazardous materials in, on, under or about the Premises or the Shopping Center during the term of the Lease caused by or arising, in whole or in part, out of the actions of Tenant, its agents or employees, in conformance with the requirements of applicable law. Tenant shall immediately give Landlord written notice of any suspected breach of this paragraph; upon learning of the presence of any release of any Hazardous Materials, and upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises or the Shopping Center. The obligations of Tenant hereunder shall survive the expiration of earlier termination, for any reason, of this Lease. 32. BROKERS. Tenant and Landlord mutually warrant that it has had no dealings with any real estate broker or agents in connection with the negotiation of this lease. 33. NEW CONSTRUCTION. 33.A. If at any time prior to the commencement of rental under this Lease, Landlord notifies Tenant that a lender lending funds or committed to lend funds to Landlord in connection with the Shopping Center requires a change or changes in this Lease as a condition of such financing, Tenant agrees, at the request of Landlord, to promptly execute and deliver to Landlord an amendment to this Lease incorporating such changes, unless Tenant declines to do so, by written notice to Landlord, given within ten (10) days after Landlord requests such an amendment, in which event Landlord shall have the right and option to terminate this Lease by written notice to Tenant, in which event Landlord and Tenant shall have no further liability or obligation to the other under this Lease. 33. SUBORDINATION. The rights of Tenant under this Lease shall be and are subject and subordinate at all times to the lien of any mortgage or mortgages now or hereafter in force against such leases or the Shopping Center, and to all advances made or hereafter to be made upon the security thereof, and to all renewals, modifications, consolidations, replacements and extensions thereof. Tenant also acknowledges that any financing put in place by the Tenant for Tenant improvements, operating expenses or any other financing secured in any way by this Lease or the contents of the leased Premises shall be subordinate to the mortgages and advances described in the preceding sentence. This Article 34 is self- operative and no further instrument of subordination shall be required, provided that in confirmation of such • 22 c71 ctinoohoT mgngn Ann�4q i qqm ) n! mnp -car. - inn • subordination Tenant shall promptly execute such further instrument as may be requested by Landlord. Tenant, at the option of any mortgagee or the Landlord under any underlying lease, agrees to attorn to such mortgagee or Landlord in the event of a foreclosure sale or deed in lieu thereof or termination by the Landlord of any such lease. Failure of Tenant to execute any of the above instruments within fifteen (15) days after written request to do so by Landlord shall constitute an event of default by Tenant under this Lease. IN WITNESS WHEREOF. Landlord and Tenant have executed this Lease effective the day and year first above written. LANDLORD: TENANT: JOHNCO, L.L.C. By By Its: Its: Date: Date: • 23 n7mn:4n \AnnNg i qam J.Gt 9L gw7 -PT- nn - Exhibit A • Landlord's Work EXTERIOR: TERIOR: 1. Building shell per standard lease. INTERIOR: 1. Demising Walls — The wall separating the Demised Premises from other space shall be of metal stud construction built to the roof deck, covered with gypsum board, taped and sanded (sanded to 11' 0" A.F.F.). 2. Floors — Floors shall be 4" concrete slabs on granular fill. 3. Store Front — Store front shall be of anodized aluminum and insulating glass with one aluminum and glass 3'x 7' entry door as shown on plans. 4. Rear Door — One (1) rear 3' 0" x 7' 0" insulated hollow metal rear service door with lockset and lock protector. • CEILING: 1. Ceiling shall be 2' x 4' exposed grid system with lay -in acoustical tile at 10' 0" finish ceiling height. SPRINKLER SYSTEM: 1. Sprinkler to an "Ordinary Hazard" occupancy requirement in a standard grid layout at 10' 0" above finish floor per Landlord's design. TOILET ROOM: 1. One (1) toilet room for each tenant space finished with: A. Painted, water resistant gypsum board. B. Ceramic tile floor and base. C. Pre hung hollow metal and door hardware. D. One (1) water closet, one (1) lavatory, one (1) six-gallon water heater, one (1) mirror and handicap grab bars per code. E. One (1) GFI duplex electrical outlet and one (1) wall light. F. One (1) exhaust fan. • • ELECTRICAL: 1. Provided for Demised Premises one (1) 200 amp 120/208, 3 -phase panel to be fed from meter center located in the building mechanical room. Provide separate electrical service and meter for Demised Premises. Services to be underground wherever possible. �' P 2. GFI Outlet and one (1) wall light in bathrooms and hot water heater. 3. Sign outlet at inside face of storefront and display window outlets per code. 4. One (1) ceiling fixture wired for a night- light. 5. An empty 3 /4 " phone conduit, at location of 200 amp service from the building mechanical room. 6. Exit lights front and rear. 7. One (1) battery pack emergency light. 8. 2' x 4' for lamp, lay -in fluorescent lights designed to an average of one fixture per 100 S.F. installed pursuant to the lighting plan in excess of one fixture per 100 S.F. Tenant is responsible for the cost and installation of Tenant's decorative lighting package. 9. One (1) dedicated circuit with a time clock to the store front for tenant's sign. • 10. Wiring of exhaust bath fans and RTU's. 11. 150 Watt -HPS is standard for wall pack fixtures with photocells on back of building for security lighting. HEATING AND AIR CONDITIONING: 1. Each unit should be a minimum of 1.0 ton per 400 S.F. contained in Demised Premises, fully functional and capable of maintaining 78° Fahrenheit in cooling mode (summer) and 72° Fahrenheit in heating mode (winter). Each unit should be fitted with an economizer to rovide cooling in winter months. P g 2. Design criteria for mechanical system to include glass area exposure, customer, and employee load, lighting load of approximately 3 watts per S.F., computer and miscellaneous (per governing loads). 3. Air conditioning and heating units to be equipped with automatic set back thermostats — one (1) per unit. 4. Duct work to include positive duct return air, no plenum ceiling returns. One (1) supply diffusers per 250 S.F. contained in the Demised Premises. • EXHIBIT A TO SHOPPING CENTER LEASE • Site Plan of the Shopping Center • I • Lx1111ftt A limilcvnr(I Mm 69" Brooklyn 111vd. Brooklyn Ccnlcr, MN - ' ARCI - INLT ' tl o U n ,e le �wNa.ec'tcvc tano"c rc .f ; - �,� ! �, I „•. R'_�>c: - I— rst_.�� y�a.�_ �c__ y�- .or_yy .cira__t K rrr��l{.r. - "` '-- - -v'-�r '' 1 -"r K 'r �� „�W � t ! - _�- • ______ __ ____ . ______ ____ _____ _ _ _ __• ------- ---- - - _______ ----- ------- .ta.el '017 I V i- ' -- '• i r:.nl•letn ! 1'Lt)It1tiT ; l�N, \11.5 srint•,\v IM' 1>rdro ^ l emH A•, 1 1 ! �,\, tS REALTN 1 r r ('l1E% i ! ! ; , .--- .-- - - - - - fr 1 r.•1. MII vuN ; 1 1 1 1 i 16111«u'19ht fb•. (. \FF: i i i .1., \. ! � IefUt..6 j i 1 j j 7UIIACCO j ! 1_. _._. -._•_. VOICIT ..- .-- • -• - -- - 1 4 ASSOCIA IFS, ItIC _ ; j 1 S PME 1 1 1 1 t 1 1 1 -' i I 16]O SF SPICE 1 1 SPKE 2 i SPICE 3 j Sr"-E 4 1 SrA6E 5 i SPICE 6 1 5PIGE 1 11 1316 SF 5F 1400 5F Sr. ; 1348 5F 1•W SF SP/GE IS 1400 X i 1400 5F ! 1340 SF ! 1346 SF ! 1400 SP ; 1983 5F ; 1363 Sr 1 1 t i i i i 1 roc�asfl c�trwl i t _ • a 1 ' _I ; I . _ _ ; i � « � Jr.L- __H fl -�* HP rr�_Y+3� X7� ..` � '� _�_ c..,.� M. 1 �y Jrr{ 1 l �� 1 / K.00R PLAq 1 r�aa w re a • n t \/ w ntr. � 000\ A cn «w s. (�I j q p la IE 1e 0,1. W 1� t K 1 I k 1 W\41- 1 i i I I I � i 1 I it it II _ I � I it U J I U-- u U U 1 1 ! 1 1 t 1 1 i u 1 1 �- , 1 , , 1 1 u � ! � 1 � —__J 1 l�—� I I� 1 l.�—� : '---�" ' �I ; l�—� : . ' � ' - - • qn..l rMn.e., , A2.1 O ROOT' 1'1!/•I11YJ5�ROOr acv . EXHIBIT A -1 TO SHOPPING CENTER LEASE • Legal Description of the Shopping Center • • A venue & Brooklylij Blvd. Brouk1fit Center, NIN ljfw104 YN CN/yun RKTAIL I T] I - W9T ''( ON ru -7 1 1771-71- IU it W R I ...... ...... Ilk C9 1-umo, ... ....... GO ..... .... • I 111. t 1•'•L13 c If pp, N MT EXHIBIT B TO SHOPPING CENTER LEASE • Description of Landlord's Work and Tenant's Work Construction Exhibit 1. LANDLORD'S WORK DONE AT LANDLORD'S EXPENSE All work shall be done at Landlord's expense per Exhibit B1 attached to include the following: A. SPECIAL ELECTRIC FIXTURES AND EQUIPMENT: All extra electric fixtures and equipment for Tenant's special needs, including, but not limited to, all floor outlets including conduit and wiring to panels. B. TELEPHONE: All conduits for telephone wires. Tenant, shall make all arrangements with telephone company for service. C. WALLS: All interior partitions and curtain walls within the Premises and in accordance with governing codes. Tenant shall arrange and pay for the addition or relocation of any heads required by Landlord's insurance • company or the fire inspector as a result of Tenant's interior partitions. D. COVES AND CEILINGS: All special coves, drops, ceilings. E. FLOOR COVERING: All floor covering. F. SPECIAL PLUMBING: All extra plumbing, either roughing in or fixtures required for Tenant's special needs. G. PAINTING: All painting or covering of interior wall surfaces. H. SIGNS: All signs shall be in accordance with the sign restrictions set up by Landlord for the project. Tenant shall submit to Landlord for approval drawings showing all proposed sign work to be erected in connection with Tenant's Premises. Drawings submitted for approval shall clearly show graphic as well as construction and attachment details of all signs • including electrical load requirements and brightness and foot - lamberts. • Erection of any sign shall be prohibited unless approved by Landlord. All exterior signs shall conform to City sign ordinances. Tenant shall procure necessary approval and permits. I. Fire Sprinkling System: All changes, additions, or modifications to the sprinkler system requested or required by Tenant. J. SPECIAL EQUIPMENT: Cooler Refrigeration System Per Exhibit B1 II. TENANT'S WORK AT TENANTS EXPENSE At tenant's request Landlord may perform the following work. Upon satisfactory completion of the work the Tenant will make a lump sum payment to Landlord in an amount equal to the actual verified cost of providing this work. In no case will this requested work exceed $75,000.00. A. Store Fixtures, Shelving, Check Out Stands B. Cash Register System • C. Security Camera System D. Show Window Background Floors E. Alarm and Buzzer System F. Special Equipment G. Telephone System 2 ------ n i�n�rt \inn -jr1 i cnm CM-or c i n - IN101 • EXHIBIT B1 TO SHOPPING CENTER LEASE Floor Plan of Municipal Liquor Store • � SL 1 I �yL 1 r 4 I' q l I ! kk 4r tg n IEJI h i � I EXHIBIT C • TO AGREEMENT OF LEASE, DATED BETWEEN JOHNCO, LLC , AS LANDLORD, AND AS TENANT, COVERING LEASED PREMISES SITUATED IN SPACE, 69 AND BROOKLYN BOULEVARD, BOULEVARD MARKET SHOPPING C R RKE ENTER, MINNESOTA. RULES AND REGULATIONS TENANT AGREES THAT IT WILL: 1. Keep the leased premises in a clean, safe and healthy condition, and clean the snow and ice from any sidewalks contiguous to the leased premises; 2. Not permit the leased promises to be used in any way which will injure the reputation of the business being .conducted therein, or injure the reputation of the Center, or may be a nuisance annoyance, inconvenience or damage to the tenants of Y � Y � g the Center or of the neighborhood, including, but not limited to, noise by the playing of any musical instrument or radio or television, or the use of a microphone, loud speaker, electrical equipment, or utilizing flashing lights or search lights, or any other equipment which, in the judgment of Landlord, might cause disturbance, impairment, or interference with the use or enjoyment by any other tenant in the Center. 3. Not display any merchandise outside the leased premises or in any way obstruct • the sidewalks or common areas adjacent thereto, and will not place garbage, rubbish, trash, merchandise containers, or other incidentals to the business outside the leased premises; 4. Keep all trash, refuse, garbage and waste materials in the type of container specified by Landlord, and such trash, refuse, garbage and waste material will be placed outside of the leased premises prepared for collection in the manner and at the times and places specified by Landlord; 5. Not burn trash, refuse, garbage or waste materials on the leased premises; 6. Not permit deliveries of any kind through the front entrance of the leased premises, except where no other entrance to the leased premises is available, and if such be the case, at the times designated by Landlord; 7. Use its best efforts to cause all trucks servicing the leased premises to load and unload rior to the hours of opening for business to the general public of the stores of P P 9 9 P other tenants in the Center; I 8. Observe the following rules and regulations relating to parking: In the event particular areas are designated by Landlord as employee parking areas, all • automobiles, trucks and other vehicles of Tenant, its officers, employees, agents, sublessees, licensees, concessionaires and contractors l" t hereinafter "Tenant, e a • ( ) shall be parked only in such designated areas. Tenant shall furnish Landlord with automobile license numbers of Tenant, et al, within five (5) days after taking possession of the leased premises, and shall thereafter notify Landlord of any changes within five (5) days after such changes occur. In the event Tenant, et al, fail to park their vehicles in designated parking areas as aforesaid, then Landlord, at its option, may charge Tenant and Tenant shall a to Landlord, as additional rent Twen Dollars P Y - Y ($25.00) per day per car parked in any area other than those designated, or such vehicles may be removed therefrom by Landlord or its agents and stored elsewhere at Tenant's expense and without liability of Landlord for such removal; 9. Not solicit business in the parking or other common areas, and will not distribute any handbills or other advertising matter on automobiles parked in the parking area or in other common areas without written consent of Landlord; 10. Not use the plumbing facilities for any other purpose than that for which they are constructed, and no foreign substance of any kind will be thrown therein, and will pay the expense of any breakage, stoppage, or damage resulting from the violation of this provision by Tenant, its employees, agents, invitees, sublessees, licensees, concessionaires or contractors; 11. Not keep any flammable or combustible material in, on or about the leased • premises except as may be permitted to be kept in such locations and containers as specified by Landlord from time to time in accordance with the recommendations or regulations of Landlord's insurance carrier, underwriter or appropriate governmental authority; 12. Not permit the leased premises to be used for lodging purposes; 13. Not permit any auction sale, fire sale, bankruptcy sale and /or going- out -of- business sale, or similar types of sensational sales promotions to be conducted in the leased premise or from the leased premises; 14. Not operate or conduct in or from the leased premises a so called "discount store ", "Cut -rate store ", army, navy store or government "surplus" store; and 15. Not conduct catalog ales in or from the leased premises g se p e uses except of merchandise which Tenant is permitted to sell "over the counter "in or at the leased premises pursuant to the provisions of the lease. Delivery by Landlord and receipt by Tenant of the foregoing Rules and Regulations, numbers 1 through 15, inclusive, are acknowledged hereby. 2 LANDLORD: TENANT: JOHNCO, L.L.C. By: By: Its: Its: Date: Date: • • 3 • EXHIBIT D TO SHOPPING CENTER LEASE Sign Criteria • I EXHIBIT D • SIGN CRITERIA I. GENERAL A. Only the area above the storefront of the Premises shall be identified by a sign. The furnishing and installation of a sign and the cost incurred shall be the responsibility of the Tenant. B. It is intended that the signing of the retail stores on the center shall be developed in a imaginative and varied manner, and although previous and current signing practices of the Tenant will be considered, they will not govern signs to be installed on the retail stores. C. Each tenant will be required to identify its premises by a sign. D. Service doors, if any will be provided with uniform signs identifying stores by the respective Tenant. Tenant shall not post any other additional signs on or around service doors. E. All signs are required to conform to City Ordinances. It is the responsibility of the Tenant to obtain approvals and permits as required by the City. H. SIGN CRITERIA • A. The wording of the signs shall be limited to the store name only, and such name shall not include any items sold therein. B. - The use of corporate shields, crests, logos, or insignias will be permitted (subject to Landlord's approval), provided such corporate shields, crests, logos, or insignias shall not exceed the average height for sign letters. C. Multiple or repetitive signing will be allowed only with the approval of the Landlord, provided the area of such signing conforms to the limitations set forth herein. D. The average height of sign letters or components shall not exceed 30 ". Capital letters shall not exceed 36 ". E. Sign length shall be determined by centering in lease frontage area, holding back a minimum of 2' from lease line on each and for 20' fronts, 3 for 30' fronts, and 4' for 40' fronts and larger. Example: 40' wide space could have a 32' maximum length 20' wide space could have a 16' maximum length F. Sign letters to be constructed with internal illuminated letters. G. Letter shall not project beyond the brick face more than five (5) inches, except if constructed on a raceway, • y • III. PROHIBITED TYPES OF SIGNS OR SIGN COMPONENTS A. Moving or rotating signs. B. Back illuminated signs. C. Signs employing moving or flashing lights. D. Signs employing exposed ballast's boxes or transformers. E. Signs employing painted and/or non - illuminated letters. F. Signs of box or cabinet type employing transparent, translucent or luminous plastic background panels. G. Cloth, wood, paper, or cardboard signs, stickers, decals, or painted signs around or on exterior surfaces (except interior surfaces of doors and/or windows) of the Premises. H. Signs employing noise making devices and components. I. Signs, letters, symbols or identification of any nature painted directly on surfaces exterior to the Premises. • J. Freestanding signs. K. Rooftop or exterior signs. IV. PROCEDURES FOR SIGN DRAWINGS A. Tenant shall submit three (3) sets of blueline prints of the drawings and specifications, including samples of materials and color, for all its proposed sign work. The drawings shall clearly show location of sign on storefront elevation drawings, graphics, color, and construction and attachment details. Full information regarding electrical load requirements and brightness in footlambers is to also be included. B. As soon as possible after receipt of the sign drawings, Landlord shall return to Tenant one (1) set of such drawings with its suggested modification and/or approval. All sign plans must have written Landlord approval. • AGENDA CITY COUNCIL WORK SESSION October 13, 2003 Immediately Following Regular City Council Meeting at 7:00 P.M City Council Chambers 1. Update and discussion of Asian Village Development study 2. Review of Carl Neu's draft 2004 City Council Goals 3. Discuss direction for Winter Council Retreat 4. Council Member Niesen i. Discussion of preempting local message board to allow broadcast of other cities' council meetings 5. Proposed Employee policy on possession of weapons 6. Miscellaneous 7. Adjourn Page 1 of 1 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: October 9, 2003 Re: October 13, 2003 Work Session Agenda 1. Update and discussion of Asian Village Development study a. This item will be a presentation on the study work accomplished to date. With the use of a grant from the Metropolitan Council and matching city funds, a study was undertaken of the Northbrook site. That study indicated that the site might be too small for the potential market that could be developed. Some study of alternates has occurred. We would like to discuss the potential of using additional tax increment to fully explore the potential for this development through architectural development and public meetings. 2. Review of Carl Neu's draft 2004 City Council Goals a. Attached is Carl Neu's draft report of 2004 City Council goals. As has been past practice, the draft goals are discussed at a work session so that the City Council c P g ty i an discuss and propose corrections as it deems appropriate. 3. Discuss direction for Winter Council Retreat a. The Winter Council Retreat has generally focused on new council member orientation in the years following an election and on a mid -year course review in years that do not follow an election. This item is for the purpose of receiving City Council direction on when you would like a winter retreat and what format/topics you would like to see for that retreat. 4. Council Member Niesen i. Discussion of preempting local message board to allow broadcast of other cities' council meetings 1. Please see the attached memo and materials. 6301 Shingle Creek Parkway i r� g y Recreation and Community Ceni? P�.one &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cit),ofbrooklyizcenter.org 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted on August 23, 2003 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY '1111 PARTICIPANTS Submitted by Carl H. Neu, Jr. August 26, 2003 ©Neu and Company and the Center for the Future of Local Governance''"', 2003 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted on August 23, 2003 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. August 26, 2003 I. INTRODUCTION On August 23, 2003, the Mayor, City Council members, City Manager, and Assistant City Manager of Brooklyn Center conducted a City Council Leadership Workshop. A copy of the objectives and agenda for this workshop is included in this report as Appendix A. II. KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS. A. Discussion of Issues Identified by Members of Council in the Pre - Workshop Questionnaire. In preparation for the workshop, the five council members were asked to complete a Pre - Workshop Questionnaire. A summary of the information obtained from the five respondents was presented to each of the participants for review and discussion. 1. Key issues /themes identified by the participants from the survey feedback information. The following items were identified by the participants as key issues or themes that seemed to run through the comments made by the respondents to the Pre - Workshop Survey: 2 • Budget considerations • Working well together and cooperatively as a council • Productive use of time • Necessity for a strong vision for the future of Brooklyn Center • Purpose of council • Effective use of council meetings. 2. Council meetings. Items s frustratin g council members about council meetings. Listed below are several items identified by the council members as points of frustration experienced with the various types of meeting council uses to conduct its business: • Apparent redundancy y • Purpose of the meetings unclear • Keeping the meetings and topics under discussion on track • a Tryin to identify where it is appropriate to bring up new ideas and miscellaneous items • Keeping meetings on focus. 3. Purpose of meetings. a. Regular council sessions. The purpose of the regular council sessions was three -fold: • To conduct official business of the council • To take public input as appropriate and required • Vote on ordinances and resolutions. b. Work sessions. Work sessions, typically conducted on the first or third Monday of the month, are designed to do the following: • Provide an opportunity for council and staff to sort out r options, identify the consequences associated with each 3 option, and to be fully informed about matters pertinent to each option • Prepare positions to be taken forward for further discussion and official action at regularly scheduled public meetings • Provide an opportunity for council members to be better prepared and informed about items coming before the council at its regularly- scheduled public hearings • Provide an opportunity for council to give direction to staff • Ensure clarification issues and information presented to council • Provide an opportunity for staff to bring information and possible approaches to council for consideration. C. Study Sessions Study sessions usually are short meetings conducted on the second and fourth Mondays of each month just prior to open public forums and regularly- scheduled public hearing meetings. The purpose of study sessions is: • Sharing of information before regular council meetings, pertaining to issues on the agenda for the meeting a • Eliminate redundancy during the public meeting debate and keep the issue on focus because information is provided to council members about agenda items • Provide an opportunity for: • Council members to brin g new information or obtain on minor items of interest to council • Ensuring that information provided to council members has been shared amongst all council members, especially if the information pertains to an item on the agenda. • Provide an opportunity for staff to seek "minor direction" from council on other items of importance to the council. 4 4. Recommendations pertaining to future scheduling of meetings. The participants recommended the following: a. Continue with the practice of having a study session prior to each regular council meeting. I b. Schedule a short work session to be conducted after each regular council meeting to: • Provide an opportunity for council members to bring up new ideas and issues for future consideration by council • To provide a work session consistent with the purpose for these sessions as identified above. In the event that a more extensive work session is required, it will be scheduled on an as- needed basis. 5. Establishing meeting schedules for 2004. The city manager recommended, and council members concurred, that as he frames the council's calendar for 2004, it will be decided how work sessions will be scheduled in the future. C. Goals for Calendar Year 2004. 1. Critical factors to be taken into consideration when establishing goals for Calendar Year 2004. Council members identified the following critical factors that need to be considered when establishing goals for calendar year 2004: • Uncertainty of revenue availability • Wage issues • The squeezing of the city's capacity to do all that it and the council desire • Resetting or reframing both the city staff s and the citizens' expectations about what the city can do realistically given its revenue and human resource constraints. 5 • Preserving a commitment by the city and its staff to do what they are able to do WELL. 2. Proposed goals for Calendar Year 2004. 2004 City Council Goals The City Council has identified the following proposed goals for calendar year 2004. Goals are not in any order of priority. Goal 1: Promote the Inclusion of all Residents in Brooklyn Center's Community Life By: ➢ emphasizing opportunities to include all residents in the conununity's activities and plans ➢ initiating additional opportunities for the public to provide input to council members through the website and City Watts scheduling four remote council meetings annually at different locations throughout the City. Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: ➢ increased effort and focus on high- density areas, while continuing neighborhood enforcement ➢ developing a profile of code violations as a means to increasing code compliance. i Goal 3: Enhance Crime Prevention Efforts By: ➢ continuing high visibility of police in neighborhoods and apartment complexes Neighborhood Watch Programs ➢ including public safety information in all City newsletters ➢ developing a compilation of and t p g rend information p � non, crime incidents experienced throughout the City ➢ increase number of Neighborhood Watch Programs throughout the City. Goal 4: Continue and Implement Long -Term Financial Planning Within the Constraints Imposed by State Legislature By: ➢ continued five -year planning for utilities and capital improvements ➢ reviewing and developing contingency planning ➢ continuing to evaluate the City's financial priorities. Goal 5: Sustain the Street Improvements Projects Plans By: ➢ advocating for Hennepin County's completion of Brooklyn Boulevard South of 65 ➢ advocating for Brooklyn Park's completion of 73 Avenue in the year 2004 ➢ designing and building an annual neighborhood street pro 6 ➢ developing sustainable funding for yearly street projects ➢ developing a new Five Year Street Replacement Plan. Goal 6: Support Phase III of Joslyn Site Development By: ➢ working with the developer to complete Phase III. Goal 7: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: ➢ continuing enforcement efforts through multiple resources ➢ continuing and expanding information to the public on traffic safety and calming efforts ➢ enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use. Goal 8: Utilize Recommendations Developed in the Opportunity Site Process to Adopt a Vision and Plan for Brooklyn Center's Central Business District By: ➢ additional public input on directions and priorities for development and redevelopment of the Central Business District ➢ establishing specific development priorities for the next five -ten years ➢ create a framework for modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes ➢ developing a plan for closing out TIF District No. 3. III. RECOMMENDED FOLLOW -UP ACTIVITIES A. Reconsideration of use and scheduling of work sessions and study Sessions. The attendees decided to include a brief work session on the second and fourth Mondays after each regularly- scheduled council meeting. The council will continue to use study sessions as scheduled currently before each regularly- scheduled council meeting. More extensive work sessions will be scheduled as required. As indicated above, the city manager will propose to council a meeting schedule for the year 2004 which will identify the scheduling of regular council meetings, work sessions, and study sessions. The key recommendation is to ensure that the meeting schedule for 2004 provides appropriate opportunities for council to do its work and that meetings are conducted in a manner consistent with their intended purpose. 7 B. Adoption of City Council Goals for the Year 2004. As in the past, the council should review and revise, as necessary, the wording of the proposed goals for 2004. Once council agrees upon the wording for the goals, they should be adopted by Resolution as an official council policy statement. 8 APPENDIX A 9 I CITY COUNCIL LEADERSHIP WORKSHOP August 23, 2003 8:30 a.m. - 5:00 p.m. 1. Objectives. Upon completion of this workshop, the participants will have: a. discussed, and resolved, issues identified by the members of council in the pre - workshop questionnaire. b. evaluated action steps taken and progress made relative to the observations and recommendations made by members of council at the March 3, 2003, City Council Leadership and Team- Building Workshop. C. identified the most significant challenges and issues council must address when setting City Council Goals for 2004. d. established Council's Goals for 2004 and made any necessary course corrections to the Council's Goals for 2003. e. identified, and established specific approaches for achieving, desired improvements in procedures, practices, and relationships designed to enhance both council's performance as a deliberative /governing body and the quality of the council- manager partnership. f. addressed, time permitting, other items the participants wish to discuss. 2. Agenda a. Pre - Workshop Questionnaire to be completed and sent to Carl Neu by August 8, 2003. b. August 23 8.)0 a.m. Welcome and eview workshop ob•ective r of . � s 10 8:45 a.m. Discussion of issues identified by members of council in the pre- workshop questionnaire. 10:30 a.m. Break 10:45 a.m. Review of actions taken and progress made relative to observations and recommendations from March 3, 2003, workshop. 11:30 a.m. Critical issues and challenges council must take into consideration while establishing goals for 2004. 12:00 Noon Lunch 12:45 p.m. Establishing: • Council's Goals for 2004 • Course corrections, if needed, to Council's Goals for 2003. 2:45 p.m. Break 3:00 p.m. Summarizing specific actions council wishes to institute to improve its performance as a governing body, enhance its ability to give "one voice" direction to the city manager, increase the effectiveness of its meetings, ensure compliance with open meeting and other statutes, and maintain its focus upon council's goals and priorities. 4:30 p.m. Other topics raised by members of council. 5:00 p.m. Conclusion I1 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: October 8, 2003 Re: Cable Channel 16 The present configuration of cable broadcasting on Channel 16 in Brooklyn Center is such that our message board is broadcast except when the Brooklyn Center City Council is meeting (regular meetings only) and the regular meeting re- broadcast. Some cities operate in this manner and some chose not to pre -empt Channel 16 in this fashion. The message board predates our web site and the ability to provide information through the internet. The equipment we are using is old and requires staff time to program. The messages placed on cable through the character generator relate to events and public service announcements. Information that is similar to what can be placed on our web site. Some of the options for the Council's discussion would be: - discontinue the use of the message board and have Northwest Cable fill Channel 16 with programming o this would include some other cities' council meetings, as well as Brooklyn Center's - modify the preemption schedule to correspond with the re- broadcast schedule of other Northwest Cable cities - continue the current total preemption. Attached are copies of the re- broadcast schedule and information from Tim Gaffron at Northwest Cable. Staff has no particular position on the options. There are new modes of communication on the web site that were not available when Channel 16 came into use. Staff time is required to maintain the character generator and the equipment will need to be replaced at some time as it is dated (cost is estimated in the $7,000 to $10,000 range, but may be less expensive if a computer based system could be substituted). The basic trade -offs would involve more programming if we discontinued or modified the preemption and a decreased exposure of our event announcements. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cit.),ofbroolzlynce?z.ter.org Michael MCCaule Y - F wd: Re: Cable channel 16 - .. ...... ` ... _....; _ . Page 1 r From: Sharon Knutson To: Michael McCauley Date: 6/27/03 2:09PM Subject: Fwd: Re: Cable channel 16 All of NWCT 9 cities' council meetings are replayed on Channel 16 but may not be seen in all cities depending on each city's schedule for electronic billboarding. Here is a link to NWCT web page that has the replay schedules: httr)://www.nwct.ora/citvaovt/index.htm] NWCT sends out programming, on channel 16, 24 hours a day. It consists of City Council meetings, programming schedule, or the Northwest Cities program. Each city has the capability to preempt that programming at any time with equipment that broadcasts from each city hall. If an individual city decides to preempt the programming, whatever the city is sending out goes out on channel 16 only to residents of that city. None of the other cities are affected by the preemption. This preempting happens for live city council meetings and anytime a city wishes to broadcast their own electronic billboarding information. Some cities also replay their own meeting tapes in addition to the NWCT replay times. There is a timer at city hall that is programmed to turn on and off the transmitting equipment at times specified by city staff. At Brooklyn Center, the timer is set so that the only time you are not preempting (sending out a signal: billboarding or live meeting) is on Tuesday evening and Wednesday during the day when your city council meeting is replaying through NWCT. At all other times, your billboarding is on the air. Therefore, no other city's meetings are being seen in Brooklyn Center. I think Jim Glasoe specified that it be set up this way, thinking that the most people watch TV at night and that's when they would have the best chance to see the information the city is putting out on channel 16. The timer could be set up any number of ways, for specific replay times of other cities' meetings, during the day only, only certain days and times, etc. I am happy to make any changes you request. if you want to change the timer programming, it would be best for me to get a memo from the city explaining exactly what schedule you want it on. That way, if something happens to the timer programming, or if there is a question, I can refer back to it. This information is provided by: Tim Gaffron Production Manager /Government Liaison Northwest Community Television /Channel 12 6900 Winnetka Ave. N. Brooklyn Park, MN 55428 Ph: 763-533-8196 Fax: 763-533-1346 Cell: 612- 819 -1450 taaffron0)nwct.oro OR taaffron(Etwelve.ty Web Sites: www.nwct.oro www.twelve.ty NVdCT - City government meeting playback Page 1 of 4 7 n T gq� a • + + A✓ are• 1 1 mu EST C fib+ J JJ " ,JJ 3 City government programming OFFICIAL CITY WEB SITES Live city programming is cablecast exclusively to Brooklvn Center residents of that city on channel 16. Replays may not be Brooklvn Park '#fix,' available to all area residents. �stal �. Golden Vallev Brooklvn Center I Brooklvn Park I Crustal I Golden Vallev I Maple Grove I Maple Grove New Hope I Osseo I Plvmouth I Robbinsdale New HoDe i Osseo 1 Lea k PI ;. vmouth Robbinsdale Brooklyn Center Live regular City Council meetings 1 2nd and 4th Monday 7:00pm s Re la P y E:.. • Tuesday 6:30pm Wednesday 2:30am and 10:30am q1). K TOP 1 iw t � }jy Brooklyn Park Live regular City Council meetings 1st, 2nd, 3rd and 4th Monday 7:00pm Replays Regular Council meetings replay Thursday 7:00pm Friday 3:00am and 11:00am Live Economic Development Authority meeting a 1 st Thursday 7:00pm Live Planning meeting 2nd Wednesday 7:00pm No replay "Police in the Park" Monday 8 :30pm Tuesday 2:30am, 8:30am, 2:30pm Channel19 Thursday 6:30pm Friday 2:30am and 10:30am Channel16 TOP http://IAINA,",.nwct.org/cit),go-�,t/index.html 7/l/2003 NWCT - City government meeting playback Page 2 of 4 Crystal Live regular EDA/City Council meeting 1 st Tuesday 6:00pm (varies with agenda) Live regular City Council meeting 3rd Tuesday 7:00pm Replays Sunday 6:30pm Monday 2:30am and 10:30am TOP Golden Valley Live regular City Council meetings 1 st and 3rd Tuesday 6:30pm Live HRA meeting 2nd Tuesday 7:00pm Replays Monday 6:30pm Tuesday 2:30am and 10:30am Live Planning Commission meetings 2nd and 4th Monday 7:00pm Public hearing only / No replay TOP Maple Grove Live City Council meetings 1st and 3rd Monday 7:30pm Planning Commission meetings Taped 2nd and last Monday 7:00pm Replays of most current meeting Saturday 6:30pm Sunday 2:30am and 10:30am Maple Grove City Report Taped Wednesday following meeting Replays Channel 16 Wednesday 9:30pm Thursday 5:30am and 1:30pm http: / /v,- w, org /eitvgovt /ind ex.html 7//1/200')' NWCT - City government meeting playback Page 3 of 4 Channel19 Saturday 8:00pm Sunday 2:00am, 8:00am, 2:00pm TOP a New Hope Live regular City Council meetings 2nd and 4th Monday 7:00pm Replays Wednesday 6:30pm Thursday 2:30am and 10:30am TOP Osseo Live regular City Council meetings 2nd and 4th Monday 7:00pm Live EDA meeting 1st Monday 7:00pm Live Planning Commission meeting 3rd Monday 7:00pm Replays of most current meeting Friday 10:00pm (or immediately following the Robbinsdale city council meeting) Saturday 6:00am and 2:00pm TOP Plymouth Live regular City Council meetings 1st and 3rd Tuesday 7:00pm Replays Monday 12:00am and 6:00am Friday 12:00pm and 6:00pm Saturday 12:00am, 6:00am, 6:00pm Sunday 12:00am and 12:00pm All times listed apply only to Plymouth Live regular Planning Commission meetings 2nd and 4th Wednesday 7:00pm Replays Monday 12:00pm and 6:OOpm Tuesday 12:00am and 6:00am Wednesday 12:00am and 12:00pm http:// 7/1/200-31 ?NWCT - City government meeting playback Page 4 of 4 Thursday 6:00pm Friday 12:00am Sunday 6:00am All times listed apply only to Plymouth Additional reolays for Plvmouth residents TOP xT Robbinsdale Live regular City Council meetings 1st and 3rd Tuesday 7:00pm Live EDA meeting 2nd Tuesday 7:00pm Replays Friday 6:30pm Saturday 2:30am and 10:30am TOP http: / /v,�� /city Q.o� t /inde�.html 7/1 /2003 Y rx. Northwest Community Television 6900 Winnetka Ave. N; Brooklyn Park, MN 55428 (612)533 -8196 Fax: (612)533-1346 Web site: www.nwct.ore Date: 10/8/03 To: Sharon Knutson, City of Brooklyn Center From: Tim Gaffron, Production Manager /Government Liaison Re: Channel 16 Programming Information Government Access Channel 16' . Bringing City Hall to Your Home Channel 16 is where you will find information from and about your local city government. Programming includes live /taped replays of various city meetings, electronic billboarding of municipal information for residents and other programming produced on behalf of our 9 member cities. Each city has the ability to preempt the channel 16 signal with their own billboarding information, videotape replays or live meeting coverage. Live cablecasts of city meetings eetings and other programming originating from city hall can be seen only in the city from which they originate. Videotaped city council meeting replays for all cities originate from the NWCT Master Control facility. Therefore, in order for Brooklyn Center residents to view other cities' meetings, the electronic billboarding signal that originates from city hall, and preempts channel 16 programming, must be shut off. This is done by means of a timer at city hall that can be programmed to turn the city hall transmitter on and off at specific times, up to 14 events per week. It is currently programmed to shut off only on Tuesday evening through Wednesday afternoon to show Brooklyn Center City Council replays. The rest of the week it is set for your electronic billboarding to show. In addition to city meeting replays, other programming on Channel 16 might include replays of community events such as city parades or concerts in the park. The Brooklyn Park Police Department produces a monthly program called Police In The Park that airs before replays of Brooklyn Park meetings. Maple Grove produces the Maple Grove Report following each city council meeting. It is a recap of council action and information about that city presented by the City Administrator. Another program seen on channel 16 is Northwest Cities, a weekly 6- minute program highlighting departments or programs provided b our local c ity tY government. Each city works in conjunction with NWCT staff every two months to produce a program about their city. A daily listing of the regularly scheduled time slots on Channel 16 follows. Other programming may be inserted as need or appropriate. CHANNEL 16 DAILY PROGRAMMING SCHEDULE MONDAY 6:OOpm Northwest Cities 6:18pm Northwest Cities 6:30pm GOLDEN VALLEY CITY MEETING REPLAYS (Schedule repeats every 8 hours: TUESDAY, 2:OOAM, 10:00AM) TUESDAY 6:OOpm Northwest Cities 6:18pm Northwest Cities 6:30pm BROOKLYN CENTER CITY MEETING REPLAYS (Schedule repeats every 8 hours: WEDNESDAY, 2:OOAM, 10:00AM) WEDNESDAY 6:00pm Northwest Cities 6:18pm Northwest Cities 6:30pm NEW HOPE CITY MEETING REPLAYS 9:30pm MAPLE GROVE CITY REPORT (Schedule repeats every 8 hours: THURSDAY, 2:OOAM, 10:00AM) THURSDAY 6:OOpm Northwest Cities 6:18pm Northwest Cities 6:30pm POLICE IN THE PARK 7:OOPM BROOKLYN PARK CITY MEETING REPLAYS (Schedule repeats every 8 hours: FRIDAY, 2:OOAM, 10:00AM) FRIDAY 6:OOpm Northwest Cities 6:18pm Northwest Cities 6:30pm ROBBINSDALE CITY MEETING REPLAYS 10:00PM OSSEO CITY MEETING REPLAYS (Schedule repeats every 8 hours: SATURDAY, 2 :OOAM, 10:00AM) SATURDAY 6:OOpm Northwest Cities 6:18pm Northwest Cities 6:30pm MAPLE GROVE CITY MEETING REPLAYS (Schedule repeats every 8 hours: SUNDAY, 2:OOAM, 10:00AM) SUNDAY 6:OOpm Northwest Cities 6:18pm Northwest Cities 6:30pm CRYSTAL CITY MEETING REPLAYS 10:OOPM PLYMOUTH CITY MEETING REPLAYS (Schedule repeats every 8 hours: MONDAY, 2:OOAM, 10:OOAM) Announcements 1. -9. 33. Crime Prevention 10. City Hall 34. Neighborhood Watch 11. City Hall 35. - 37. Police 12. City Hall 38. Halloween Carnival 13. City Hall 39. Holly Sunday 14. Commission Meetings 40. City of Brooklyn Center 15. Sprinkling Ban 41. Mayor 16. Flu Prevention Clinic 42. Mille Lacs Casino Fall Excursion 17. Mille Lacs Casino Excursion 43. Dolphin B -day Party Pkg. 18. Leaves 44. 19. Yard Waste Drop Off 45. 20. Old Log Theatre 46. Chanhassen 21. Holiday Ornaments 47, 22. Senior Transportation 48, 23. Senior Transportation 49. Holiday Gifts 24. Great Pumpkin Workshop 50. Police Tours 25. Cookie Baking 51. Bob the Builder 26. Golf 52. -55. 27. Job Line 56. 28. Blood Pressure 57. -64. 29. Chanhassen Theatre 65. 30. Halloween 66. Fire Hydrants - snow 31. Holly Sunday ffce \Forms \Cable Announcements \Sept 29, 2003.doc 32. City of Brooklyn Center Policy Prohibiting Firearms at Work The possession or carrying of a firearm by City of Brooklyn Center employees, other than sworn Police Officers, is prohibited while acting in the course and scope of employment for the City, including working in City buildings, on City property or at any off -site location, and while driving or riding in a City -owned vehicle in any location on behalf of the City. The term y "possession" includes but is not limited to storm firearms p g in lockers, desks, file cabinets, etc., or in City -owned vehicles. For the purposes of this policy, employees are full- and part-time regular employees; temporary, seasonal and recurring employees; City Council members; City Advisory commission members; fire fighters; interns; volunteers; and independent contractors. Any firearms brought onto City -owned parking areas by an employee must be placed out of sight in a personal vehicle. The vehicle must be locked and all reasonable precautions taken to prohibit unauthorized entry into the vehicle. If a City employee drives his or her personal vehicle on any City business, including responding to on -call work from home after regular work hours, he or she must remove any firearm(s) from the vehicle prior to use of the vehicle for City business. Non -sworn employees of the Brooklyn Center Police Department may handle firearms as necessary to fulfill their job requirements such as marking or transporting evidence and performing assigned tasks in the Police Department property room. Violations of this policy are subject to disciplinary action in accordance with the City's disciplinary procedures policy. I I ,,