Loading...
HomeMy WebLinkAbout2000 05-08 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION May 8, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Discussion of meeting request from Sharing & Caring Hands 3. League of Minnesota Cities Award Application: After School Enrichment Program 4. League of Minnesota Cities Board of Directors 5. Miscellaneous 6. Adjourn ** Revised ** • CITY COUNCIL MEETING City of Brooklyn Center May 8, 2000 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. - Father Martin Stillmach, St. Alphonsus Catholic Church 3. Call to Order Regular Business Meeting • 4. Roll Call 5. Council Report 6. 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. April 24, 2000 - Study Session 2. April 24, 2000 - Regular Session b. Licenses c. Resolution Authorizing Execution of an Agreement with the Minnesota Department of Transportation to Use the Delegated Contract Process on Federal Aid Projects 410 CITY COUNCIL AGENDA -2- May 8, 2000 d. Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #1 to AirTouch Inc. for the Purpose of Installing Wireless Communications Antennas e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees f. Resolution Authorizing Execution of An Agreement with Brooklyn United Methodist Church Regarding Certain Zoning Issues g. Resolution Declaring Surplus Property Authorized for Public Sale at City Auction h. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning. - Motion to approve first reading of ordinance and set second reading and public hearing for June 12, 2000. 7. Planning Commission Items a. Planning Commission Application No. 2000 -004 Submitted by Total Gas Station. Request for a Special Use Permit to rent trucks at the Total Gas Station, 6830 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its April 27, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -004 subject to the conditions recommended by the Planning Commission. 8. Council Consideration Items a. Resolution Declaring Earle Brown Days as a Civic Event from June 22 through June 24, 2000 •Requested Council Action: - Motion to adopt resolution. b. Resolution Urging Simplification and Fairness in the Application of Sales and Use Taxes •Requested Council Action: - Motion to adopt resolution. c. Proclamation Declaring May 11, 2000, to be Equal Pay Day •Requested Council Action: - Motion to adopt proclamation. • • CITY COUNCIL AGENDA -3- May 8, 2000 d. Sale of Liquor Store Surplus Equipment •Requested Council Action: - Council discuss. e. Resolution Accepting Work Performed and Authorizing Final Payment for the Expansion of the Earle Brown Heritage Center •Requested Council Action: - Motion to adopt resolution. f. Resolution Declaring May 15 as Peace Officers Memorial Day and the Week of May 14 -20, 2000, as Police Week •Requested Council Action: - Motion to adopt resolution. g. Proclamation Declaring May 21 -27, 2000, Public Works Week in Brooklyn Center. •Requested Council Action: - Motion to adopt proclamation. II 9. Adjournment , III 1 • City Council Agenda Item No. 6a • • 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 APRIL 24, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:04 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, and Recording Secretary Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman asked for more information on agenda items 6c, 1998 Local Law • Enforcement Block Grant, and 6e, Resolution Awarding Bid for Point of Sale and Inventory Software, Hardware, and SVCS for Brooklyn Center Liquor Stores. City Manager Michael McCauley and Assistant City Manager Jane Chambers answered Councilmember Lasman's questions. Councilmember Nelson asked for clarification on the public hearing items 7a, An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawn Shops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23 -2309, 23 -2203, and 23 -1709, and 7b, Consideration of Issuance of Currency Exchange License to C -N -P Northwest, Ltd. Dba Cash -N -Pawn, 1964 57th Avenue North, Brooklyn Center, Minnesota. Mr. McCauley explained the purpose of the ordinance and the denial of the application of a currency exchange license to C -N -P Northwest, Ltd. dba Cash -N -Pawn, 1964 57th Avenue North, Brooklyn Center, Minnesota. • 04/24/00 -1- DRAFT Councilmember Nelson requested that an amendment to agenda item 8c, Community Center Fitness • Equipment, be made to include two recumbent stationary bikes. Mr. McCauley responded that a motion could be made at the regular meeting to increase the amount of money to include two recumbent stationary bikes. Council discussed agenda item 8f, Report on Code Enforcement Sweep. DISCUSSION OF DIRECTION FOR DEFERRED UTILITY CHARGE POLICY STUDY Council discussed the options for deferred utility charges in the City of Brooklyn Center. Mr. McCauley requested direction from the Council on how to proceed with the issue. It was the consensus of the Council to have this issue brought back to the Council for review with a uniform schedule to be adopted for future hookup charges. DISCUSSION OF AUGUST COUNCIL RETREAT DATE Council discussed the possibility of having the Council Retreat on a weekday. It was the consensus of the Council that a weekday would be feasible. Mr. McCauley will inquire about the possibility of a weekday Retreat with Mr. Neu. If a weekday is not feasible, the Retreat will be left as scheduled. REPORT ON BROOKDALE DEVELOPMENT AGREEMENT • There was no discussion on this item. MISCELLANEOUS No miscellaneous items were discussed. ADJOURNMENT The Council adjourned the study session and continued to the informal open forum at 6:46 p.m. • City Clerk Mayor 04/24/00 -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 APRIL 24, 2000 CITY HALL 1. __ INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:46 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 1111 Others present were residents from the Victoria Town Homes. Anne Christensen, 6852 Grimes Place, addressed the Council on behalf of the residents of Victoria Town Homes to discuss an issue they are dealing with regarding the current HUD living arrangements. Ms. Christensen, along with the other residents, wanted to know how to get help with the change proposed. Mayor Kragness informed the residents that they should contact their representatives and that since the Council is not aware of the change they would like to attend a meeting that will discuss the change proposed. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 04/24/00 -1- DRAFT • 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. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported on several events she had attended including the Annual Fire Awards Dinner, the Commission Recognition Event, the Earle Brown Days Committee meeting, and the Annual Spring Cleanup. Councilmember Lasman informed the audience that there will be a Crime Prevention Awards Ceremony on April 26, 2000, and that the Annual Crime Prevention Golf Tournament will be on May 19, 2000. If any persons are interested they can call 566 -5613. Councilmember Nelson reported that he attended several events including the Year 2000 Committee • meeting, the Earle Brown Days Committee meeting, the Park and Recreation Commission meeting, and the Northwest Cable Communications Commission meeting. Councilmember Hilstrom reported that the Council participated in mock City Council meetings with some high school students at City Hall and that she believed the meetings were beneficial for the students. Councilmember Hilstrom informed the audience that there will be a ground breaking ceremony for Highway 100 on April 27, 2000, at 10:00 a.m. Mayor Kragness reminded the audience that the Census 2000 is not finished. Cards will be mailed to persons who have not completed a form and it is very important that everyone complete these cards. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 04/24/00 -2- DRAFT • S 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the April 10, 2000, study session and regular session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. COURTESY BENCH Ameribench Company 4215 Winnetka Avenue North, New Hope MECHANICAL C 0 Carlson Air Conditioning 1203 Bryant Avenue North, Minneapolis Countryside Heating and Cooling 6511 Highway 12, Maple Plain Dahl Heating 1933 164th Lane NE, Ham Lake Marsh Heating and Air Cond. 6248 Lakeland Avenue North, Brooklyn Park Pete's Repair, Inc. 8835 Xylon Avenue North, Brooklyn Park Sunburst Heating and Air Cond. 1556 Oakways, Wayzata MOTOR VEHICLE DEALERSHIP • Bob Ryan Oldsmobile 6700 Brooklyn Boulevard Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard RENTAL Renewal: 5401 Brooklyn Blvd Northport Properties 5407 Brooklyn Blvd Duane Orn 6025 Brooklyn Blvd Dorothy Ostrom - Ringstrom 4214 Lakeside Ave N James Shoultz 5242 Lakeside Place Brett Parker 5207 Xerxes Ave N Douglas Mollick SIGN HANGER Electric Light Sign Company 926 Dale Street North, St. Paul Express Sign 13321 Killdeer Street NW, Andover Leroy Signs 6325 Welcome Avenue N, Brooklyn Park Nordquist Sign Company 312 West Lake Street, Minneapolis 04/24/00 -3- DRAFT • 6c. 1998 LOCAL LAW ENFORCEMENT BLOCK GRANT • A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the 1998 Local Law Enforcement Block Grant funds. Motion passed unanimously. 6d. RESOLUTION AWARDING BIDS FOR FURNISHINGS AT THE NEW BROOKLYN CENTER LIQUOR STORE RESOLUTION NO. 2000-74 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AWARDING BIDS FOR FURNISHINGS AT THE NEW BROOKLYN CENTER LIQUOR STORE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION AWARDING BID FOR POINT OF SALE AND INVENTORY SOFTWARE, HARDWARE, AND SVCS FOR BROOKLYN CENTER LIQUOR STORES RESOLUTION NO. 2000-75 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AWARDING BID FOR POINT OF SALE AND INVENTORY SOFTWARE, HARDWAR AND SVCS FOR BROOKLYN CENTER LIQUOR STORES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION APPROVING CHANGE ORDER NOS. 2 AND 3, IMPROVEMENT PROJECT NO. 1999 -19, CONTRACT 99 -M, REHABILITATION OF WELLHOUSE NOS. 5 AND 6 RESOLUTION NO. 2000-76 Councilmember Lasman introduced the following resolution and moved its adoption: 04/24/00 -4- DRAFT • RESOLUTION APPROVING CHANGE ORDER NOS. 2 AND 3, IMPROVEMENT PROJECT NO. 1999 -19, CONTRACT 99 -M, REHABILITATION OF WELLHOUSE NOS. 5 AND 6 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-77 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 Nelson. Motion passed unanimously. 7. PUBLIC HEARINGS • 7a. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23 -2203, AND 23 -1709 City Manager Michael McCauley discussed this ordinance amendment would clarify the intent of the ordinance to allow pawnshops and secondhand goods dealers to occupy the same premises provided two licenses are issued and that other listed businesses may not occupy the same premises or be located within 300 feet of each other or in the same parcel. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. 04/24/00 -5- DRAFT ORDINANCE NO. 2000-04 • Councilmember Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23 -2203, AND 23 -1709 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7b. CONSIDERATION OF ISSUANCE OF CURRENCY EXCHANGE LICENSE TO C -N -P NORTHWEST, LTD. DBA CASH -N -PAWN, 1964 57TH AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 1. RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO C -N -P NORTHWEST, LTD. DBA CASH- N -PAWN, 1964 57TH AVENUE NORTH, BROOKLYN CENTER, MINNESOTA Mr. McCauley discussed this public hearing is a continuation from the April 10, 2000, City Council meeting which was continued until the above ordinance amendment was approved. Since the ordinance amendment was approved, he recommended that the public hearing be continued for public comment and that the resolution then be adopted to deny the issuance of a currency exchange license to C -N -P Northwest, Ltd. dba Cash -N -Pawn. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to continue the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman , by seconded b Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-78 Councilmember Lasman introduced the following resolution and moved its adoption: 04/24/00 -6- DRAFT • • RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO C -N -P NORTHWEST, LTD. DBA CASH -N -PAWN, 1964 57TH AVENUE NORTH, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 27 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT JOHN PTAK WITH THE CITY OF BROOKLYN CENTER Councilmember Hilstrom read the resolution expressing recognition and appreciation for the 27 years of dedicated public service of Sergeant John Ptak. RESOLUTION NO. 2000-79 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 27 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT JOHN PTAK WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 13 YEARS OF DEDICATED PUBLIC SERVICE OF OFFICER JOHN RAYL WITH THE CITY OF BROOKLYN CENTER Councilmember Peppe read the resolution expressing recognition and appreciation for the 13 years of dedicated public service of Officer John Rayl. RESOLUTION NO. 2000-80 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 13 YEARS OF DEDICATED PUBLIC SERVICE OF OFFICER JOHN RAYL WITH THE CITY OF BROOKLYN CENTER 04/24/00 -7- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8c. COMMUNITY CENTER FITNESS EQUIPMENT Mr. McCauley discussed that staff is requesting the Council to authorize the expenditure of up to $25,000 from the central supplies and support division of the budget to replace equipment in the pp PP g P exercise room at the Community Center. In the past the replacement of the equipment has been deferred and a recent conversation with a resident brought the deferred replacement issue to the forefront. With the $25,000, two new treadmills, a recumbent stationary bike, and four exercise machines that would replace the current universal gym would be purchased. Councilmember Nelson requested that the amount be increased to $28,000 to provide two recumbent stationary bikes. A motion by Councilmember Nelson, seconded by Councilmember Lasman to authorize the expenditure of $28,000 for Community Center fitness equipment. Motion passed unanimously. 8d. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF SCHOLARSHIP OPPORTUNITIES FOR SUMMER YOUTH SPORTS AND SWIMMING CLASSES Mayor Kragness commended and recommended the acceptance of the Brooklyn Center Women's • Y � P Y Club donation of $300 for partial scholarships for low - income children wishing to participate in summer swimming classes and youth sports activities. RESOLUTION NO. 2000-81 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF SCHOLARSHIP OPPORTUNITIES FOR SUMMER YOUTH SPORTS AND SWIMMING CLASSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 04/24/00 -8- DRAFT • • 8e. TOBACCO PREVENTION PROJECT Mr. McCauley explained the letter of support requested by the Northwest Hennepin Human Services Council for a grant application of a Tobacco Prevention Project in partnership with Hennepin County Health Department, Minneapolis Department of Health and Family Support, and Bloomington Health Division. A motion by Councilmember Lasman, seconded by Councilmember Nelson to support the Tobacco Prevention Project. Motion passed unanimously. 8f. REPORT ON 2000 CODE ENFORCEMENT SWEEP Mr. McCauley reported that a cross departmental team had been formalized for this year's code enforcement sweep which will begin in May and be completed by the beginning of July using a number of personnel from both the Community Development and Police Departments. The sweep will start in the southwest quadrant and move counterclockwise through the City. Complaints will be responded to within five days. Mr. McCauley noted to the audience that it is very important for persons to leave their name and phone number. There are many times when a person will call and leave a complaint with no phone number for staff to contact them and let them know the status of the situation which might already be in progress. Mayor Kragness shared an example of not being able to take care of a problem with a letter she • received with no name, address, or phone number. The letter was a complaint and did not give an area or address of the issue and the City cannot do anything about it since there is no address or phone number to contact regarding the issue. The City would be happy to check into the situation if they received more information. 8g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, CONTRACT 00 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this resolution would accept bid and award a contract for Improvement Project Nos. 2000 -01, 02, and 02, Contract 00 -B, Garden City central street, storm drainage, and utility improvements to Arcon Construcation in the amount of $3,778,048.55. Arcon Construction was the lowest bidder and has proven experience in performing all of the requirements included in this contract and has the resources necessary to complete the project. Public Works Director Diane Spector outlined the project and stated that a preconstruction meeting was scheduled for April 26, 2000. 4/24/0 - DRAFT 0 0 -9 Mayor Kragness informed Ms. Spector that she had received calls about last year's construction project and wanted to know where the calls should be directed. Ms. Spector informed the Council that persons with concerns should contact the Engineering Department at 569 -3340. RESOLUTION NO. 2000-82 Councilmember Peppe introduced the following resolution and moved its adoption: pP g p RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, CONTRACT 00 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8h. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCE REGARDING CHURCH AND EDUCATIONAL USES Mr. McCauley discussed this ordinance amendment would clarify CI Districts regarding Church and Eduational uses which the Council recently directed the Planning Commission to study. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance and set second reading and public hearing for May 22, 2000. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 7:45 p.m. Motion passed unanimously. City Clerk Mayor 04/24/00 -10- DRAFT i City Council Agenda Item No. 6b j[ City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: May 3, 2000 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 Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on May 8, 2000: MECHANICAL Louis Degidio Services 6501 Cedar Avenue South, Minneapolis Quality Refrigeration 6237 Penn Avenue South, Richfield MOTOR VEHICLE DEALERSHIP III Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard RENTAL Renewal: 7037 Unity Ave. N. Dennis Hargett 3513 47th Ave. N. Norene Miller The Pines of Brooklyn Center Jon R. Veard • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 6c • • MEMORANDUM DATE: April 28, 2000 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Authorizing Execution of an Agreement with the Minnesota Department of Transportation to Use the Delegated Contract Process on Federal Aid Projects Summary Explanation The City's plans for the enhancement of Brooklyn Boulevard are in the fmal stages of review at Mn/DOT. These enhancements are scheduled to be financed with federal funds. In an effort to streamline the federal review and approval process, Mn/DOT has developed a Delegated Contract Process (DCP) that allows cities to manage federal aid projects. The procedure requires that City Council to authorize the execution of an agreement. Discussini■ The Brooklyn Boulevard Enhancement project is scheduled to receive approximately $500,000 in federal financing. While the federal funding is substantial, there is a time - consuming and expensive federal review process. Mn/DOT has developed the DCP process to allow cities to manage federal projects with only minimal review and eliminate much of the duplication of effort by federal, state and local governments. Mn/DOT's Standard form DCP agreement is attached. Recommended City Council Action Approve the attached resolution authorizing the Mayor and City Manager to enter into an agreement with the Minnesota Department of Transportation for the Delegated Contract Process on Federal Aid projects. • . adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TO USE THE DELEGATED CONTRACT PROCESS ON FEDERAL AID PROJECTS WHEREAS, the City has been awarded $500,000 in federal ISTEA funds for the construction of enhancements to the Brooklyn Boulevard corridor, Improvement Project No. 1999 -16, Brooklyn Boulevard Enhancements; and WHEREAS, the City wishes to streamline the administrative process associated with that funding; and WHEREAS, to do so the City must enter into an agreement with Mn/DOT for the Delegated Contract Process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into an agreement with the Commissioner of Transportation prescribing the terms and • conditions of said Federal Aid participation as set forth and contained in the "Minnesota Department of Transportation Agency Agreement for Federal Participation in Construction". 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. • Mn/DOT Agreement No. xxxxx • STATE OF MINNESOTA AGENCY AGREEMENT • BETWEEN DEPARTMENT OF TRANSPORTATION • AND CITY OF or • COUNTY • FOR rw.r..KAL PARTICIPATION IN CONSTRUCTION This agreement made and entered into by and between the City of or County, hereinafter referred to as the "City /County" and the Commissioner of Transportation of the State of Minnesota, hereinafter referred to as "Mn/DOT ", WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City /County desires Mn/DOT to act as its agent in accepting federal funds in its behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)"; and WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. • DUTIES OF THE CITY /COUNTY. A. APPOINTMENT. Pursuant to Minnesota Statute Section 161.36, the City /County does hereby appoint Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). B. LETTING. The following procedure shall be followed in accordance with Minnesota Law. 1. The City /County shall first obtain written authorization from Mn /DOT for the Project(s) to proceed to letting. 2. The City /County shall publish the advertisement calling for bids on the Project(s) in the Construction Bulletin, and in the officially designated newspaper of the City /County. 3. The advertisement shall state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the sealed • ; bids will be received by the City /County. (Mn/DOT Agreement No. xxxxx) DCP 11 -25 Page 1 4. Bids shall be opened by a representative of the City /County. • 5. After the bids are opened, the City Council/County Board shall consider the bids and shall award the bid to the lowest responsible bidder, or reject all bids. C. CONTRACT ADMJMSTRATION. 1. The City /County shall prepare and execute a construction contract with the = Contractor, in accordance with the special provisions and the latest edition of Mn/DOT's Standard Specifications for Construction. 2. The City /County shall furnish and assign a publicly employed registered engineer, hereinafter referred to as the "Project Engineer ", to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any contract let for the Project(s). 3. The Project(s) shall be constructed in accordance with plans, special provisions, and standard specifications for each Project. The standard specifications shall be the latest edition of Mn/DOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and specifications are a part of this agreement by reference as • though fully set forth herein. 4. The plans, special provisions, and standard specifications for each Project shall be on file at the City /County Engineer's Office. • 5. The City /County shall famish the personnel, services, supplies, and equipment as shall be necessary in order to properly supervise, inspect, and document the work for the Project(s). 6. Quantities shall be documented in accordance with the guidelines set forth in the Mn/DOT Documentation Manual for Construction Pay Quantities. 7. During the progress of the work on the Project(s), the City /County authorizes • its Project Engineer to request specific engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. If Mn/DOT furnishes the services requested, then the City /County shall reimburse Mn/DOT for the full cost and expense of furnishing such services. The costs and expenses shall include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been • verified by audit. 8. The City /County may make changes in the plans or the character of the work, as may be necessary to complete the Project, and may enter into supplemental agreement(s) with the individual, firm, or corporation contracting for and • (Mn/DOT Agreement No. xxxxx) DCP 11 -26 Page 2 undertaking prosecution of the prescribed work (hereinafter "Contractor "). supplemental agreement shall not be eligible for i Any work performed under a supplem greem gi • reimbursement by the FHWA through Mn/DOT unless the supplemental agreement has been approved by Mn/DOT and sufficient federal funds are available. 9. The City /County shall request approval from Mn/DOT for costs expected to increase the Project(s)' federal participation amount, prior to incurring such costs. 10. The City /County shall prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City /County. All records and reports shall be retained by the City /County in accordance with Mn/DOT's record retention schedule for federal aid projects. 11. Upon completion of the Project(s), the Project Engineer shall inspect the work to determine whether or not the work should be accepted. D. PAYMENTS. 1. It is anticipated that the entire cost of the Project(s) is to be paid from federal funds made available by the Federal Highway Administration, and by the City /County. The City /County shall pay any part of the cost or expense of • the work that the Federal Highway Administration does not pay. 2. At least once a month at regular intervals, the Project Engineer shall prepare a partial estimate in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). Each partial estimate shall be certified by the Project Engineer and by the Contractor. 3. Following certification of the partial estimate, the Contractor shall be paid partial payments in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). 4. Following payments to the Contractor, the City /County may request reimbursement from Mn/DOT for costs eligible for federal participation. A copy of the partial estimate shall be included with the City/County's request for payment. 5. Upon completion of the Project(s), the City /County shall prepare a final estimate in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). The final estimate shall be certified • by the Project Engineer and the Contractor. • (Mn/DOT Agreement No. xxxxx) DCP 11 -27 Page 3 6. Following certification of the final estimate, the Contractor shall be paid the final payment in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). 7. Following final payment to the Contractor, the City /County may request reimbursement from Mn/DOT for costs eligible for federal participation. A Request for Final Payment shall be submitted to Mn/DOT's District State Aid Engineer along with the required project records. E. LIMITATIONS. The City /County shall comply with all Federal, State and local laws, together with all ordinances and regulations applicable to the work. 1. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation,,the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and . activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It shall be the responsibility of the City /County to carry out the above requirements. 2. Workers' Compensation. Any and all employees of the City /County or other persons while engaged in the performance of any work or services required by the City /County under this agreement shall not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of City /County employees, or other persons while so engaged on any of the work or services to be rendered, shall in no way be the obligation or responsibility of Mn/DOT. The City /County shall require proof of Workers' Compensation Insurance from any contractor and sub - contractor. 3. Utilities. The City 'County shall treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with "A Policy' for the Accommodation of Utilities on Highway Rights of Way" as approved on (Mn/DOT Agreement No. xxxxx) DCP 11 -28 Page4 April 5, 1988 by the United States Department of Transportation, Federal Highway Administration, Minnesota Division, which is made a part hereof by reference. F. AUDIT. 1. The City /County shall comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A -133, which are hereby incorporated by reference and made a part of this agreement. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City /County are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as a, for a minimum of six years. The City /County shall be responsible for any . costs associated with the performance of the audit. • G. MAINTENANCE. The City /County shall assume full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. H. CLAIMS. The City /County shall pay any and all lawful claims arising out of or incidental to the performance of the Project work, in the event that the federal government does not pay the same. In all events, the City /County shall hold • Mn/DOT harmless from any claims arising out of the Project(s). II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts appointment as Agent of the City /County and shall act in accordance herewith. B. AUTHORIZATION. Mn/DOT shall make the necessary requests to the Federal Highway Administration for authorization of federal participation in the Project(s), and reimbursements therefor under the terns of this agreement. C. PAYMENTS. 1. Mn/DOT shall receive the funds to be paid by the Federal Highway Administration for the Project(s). 2. After review and approval of the payment request by Mn/DOT, Mn/DOT shall reimburse the City /County from said funds for the eligible federal share of each partial payment made to the contractor. 3. Upon completion of the Project(s), Mn/DOT will perform a final inspection. • If the Project is found to have been completed in accordance with the plans and specifications, Mn/DOT shall then release any remaining funds due the (Mn/DOT Agreement No. xxxxx) DCP 11-29 Page 5 City /County for the Project(s). • D. AUTHORITY. . 1. Mn/DOT retains the authority to suspend unsatisfactory work, demand corrective measures, or withhold federal and/or state -aid funds as may be kIr -- as provided in Minnesota State Aid Operations Rules 8820.3000. 2. Mn/DOT may perform actions necessary to complete the Project(s) in a satisfactory manner. 3. The decision of Mn/DOT on final acceptance of the work and other matters necessary to complete the Project(s), shall be final, binding, and conclusive on the parties hereto. E. INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized representatives shall have the right to audit, evaluate and monitor the work performed under this agreement, and shall have access to all books, records, and documents pertaining to the work hereunder, for a minimum of six years. III. AUTHORIZED REPRESENTATIVES. • Each authorized representative shall . have responsibility to insure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City /County authorized representative for the purposes of administration of this agreement is the name, agency name, street address, city, MN 55xxx -xxxx, phone xxx- xxx -xxxx, or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is name, Federal Aid Project Development Engineer, Minnesota Department of Transportation, State Aid For Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651 - 296 -9874, or her successor. IV. LIABILITY. Each party s all be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof; City /County and Mn/DOT liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.376 and other applicable law. V. ASSIGNMENT. Neither the City /County nor Mn/DOT shall assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement shall be in writing, and shall be executed by the same parties who executed the original agreement, or their successors in office. (Mn/DOT Agreement No. xxxxx) DCP 11-30 Page 6 VII. AGREEMENT EFFECTIVE DATE. This agreement shall be effective upon execution by the City/County, Mn/DOT, and the appropriate State officials, whichever occurs later, 1111 pursuant to Minnesota Statutes Section 16C.05. VIII. CANCELLATION. • A. This agreement may be canceled by the City /County or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination shall not remove any unfulfilled financial obligations of the City /County as set forth in this Agreement. In the event of such a cancellation the City /County shall be entitled to reimbursement for eligible expenses incurred for work satisfactory performed on the Project. B. In the event the State does not obtain funding from the Minnesota Legislature, or funding cannot be continued at a sufficient level to allow for the processing of the • federal aid reimbursement requests, the City /County may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. • • (Mn/DOT Agreement No. xxxxx) DCP 11-31 Page 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. S MINNESOTA CITY /COUNTY DEPARTMENT OF TRANSPORTATION By: By: .Title: Title: Director, Division of State Aid Date: Date: By: Approved as to Form and Execution: Title: By: Date: Title: ACKNOWLEDGMENT • Date: This instrument was acknowledged before me this day of 20 DEPARTMENT OF ADMINISTRATION By By: Title Title: and Date: Title of (Name of Agency) and did execute this instrument on behalf of the agency intending to be bound thereby. NOTARY PUBLIC • My Commission Expires: • (Mn/DOT Agreement No. xxxxx) DCP Page 8 11 -32 • City Council Agenda Item No. 6d • • MEMORANDUM DATE: May 3, 2000 TO: Michael McCauley, City Manager FROM: Michael Krech, Public Works Specialist v' SUBJECT: Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #1 to AirTouch Inc. for the Purpose of Installing Wireless Communications Antennas AirTouch Inc. has submitted an application to the City to place wireless antennas on water tower number one (France and 69th). The application was submitted along with the required $2,000 application fee. City staff, AirTouch Inc., KLM Inc. (the City's water tower consultant), and the City Attorney have developed a site lease agreement similar to the previous site lease agreements with Sprint and Nextel. City staff is currently finalizing review of AirTouch's construction plans. AirTouch Inc. will not be issued a building permit until a Site Lease agreement is executed, staff approves the construction plans, AirTouch Inc. submits a $3,000 inspection • escrow fund and AirTouch Inc. or their contractor submits a restoration bond to cover construction activities. I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with AirTouch Inc. for the purpose of installing and maintaining wireless communication antennas on water tower number one. 1111 • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #1 TO AIRTOUCH INC. FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS WHEREAS, AirTouch Communications, Inc., dba AirTouch Cellular, a Delaware corporation, has submitted to the City a request to lease space on City water tower number one and a portion of the city-owned parcel of land on which the tower is located, along with the required $2,000 application fee; and WHEREAS, as compensation for the use of City facilities, AirTouch Inc. agrees to pay and lease payment of $16,785.56 for the first year, prorated for the first year then annually increased by the greater of 5 percent or the CPI, for twenty years, represented by one five year lease period with three five year renewals; and WHEREAS, AirTouch Inc., the City Attorney, KLM Inc. (the City's water tower consultant), and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The lease agreement between AirTouch Inc. and the City of Brooklyn Center for the siting of personal wireless communications facilities at water tower number one is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the Water Utility Fund. 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. • r Center Site Lease Agreement r with r AirTouch Cellular for Water Tower #1 • erN doo For Personal Communications Systems, Cellular or Page Antenna Locations • Limmim TABLE OF CONTENTS • 1. Leased Premises 2. Rent (a) Amount, Adjustments (b) Time of Payment, Taxes 3. Governmental Approval Contingency (a) Tenant Application (b) Interference Study (c) Non - approval 4. Term and Renewals 5. Tenant's Use. (a) User Priority (b) Purposes (c) Construction (d)Operation (e)Maintenance, Improvement Expenses (f)Replacements (g)Drawings (h)No Interference (i)Access (j)Payment of Utilities 6. Emergency Facilities . • 7. Additional maintenance Expenses 8. Defense and Indemnification (a) General (b) Hazardous Materials (c) Tenant's Warranty 9. Insurance (a) Workers' Compensation (b)General Liability . (c)Automobile Liability (d)Tenant Property Insurance (e)Hazardous Materials Coverage (f)Adjustment to Insurance Coverage Limits (g)Additional Insured - Certificate of Insurance 10. Damage or Destruction 11. Lease Termination (a) Events of Termination (b) Notice of Termination (c)Tenant's Liability for Early Termination (d)Site Restoration 12. Limitation of Landlord's Liability 13. Temporary Interruptions of Service • 14. Tenant Interference (a) With Structure (b) With Higher Priority Users (c) Interference Study - New Occupants • (d) Interference - New Occupants 15 Assignment 16. Condemnation 17. Disputes 18. Enforcement and Attorneys' Fees 19. Notices 20. Authority 21. Binding Effect 22. Complete Lease; Amendments 23. Governing Law 24. Severability 25. Memorandum 26. Waiver of Landlord's Lien 27. Warranty of Title and Quiet Enjoyment 28. Acknowledgement of Prior Lease • • SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this — day of 1999 between City of Brooklyn Center, a Minnesota Municipal Corporation ( "Landlord "), and AirTouch Communications, Inc., dba AirTouch Cellular, a Delaware corporation ( "Tenant "). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property ( "Property"), located at 6831 France Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of Water Tower #1 or other structures ( "Structure ") , as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights ( "Leased Premises "). 2. Rent. (a) Amount, Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of fifteen thousand nine hundred eighty six dollars and twenty five cents ($16,785.56) for the initial year, which shall be increased each year on January 1, by • the greater of: (a) five percent (5 %) of the previous year's annualized rental, or by an amount equal to the increase in the Consumer Price Index ( "CPI "). The CPI shall mean the "Consumer Price Index" for All Urban Consumers, All Cities, All Items (1967 = 100) as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year). (b) Time of Payment Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within thirty (30) days of final execution of this Lease, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. Landlord agrees to notify Tenant of any taxes or other charges imposed upon the property by a governmental agency. In addition to the • annual rental, Tenant agrees to timely pay its pro rata share of any taxes or other charges March, 2000 Page 1 City of Brooklyn Center Lease Agreement imposed upon the property by a governmental agency required as a result of this Lease and all other payments required herein. 3. Governmental Approval Contingency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering studies specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals. (b) Engineering Studies. Before obtaining a building permit, Tenant must submit a study or studies that shall address, but not be limited to the following: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5 (b), will not prejudice the use of the Structure, inhibit the Landlord's operation and maintenance of the facility and its appurtenances, inhibit access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Structure or its use, 411 Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non - approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed pro rata based on the effective date of the termination, for the annual rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt, and receipt by the Landlord of the performance bond, irrevocable letter of credit, or other security required by paragraph 11(d). Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other except for obligations for payments of money incurred prior to the effective date of termination and except for any other obligations which, by the terms of this lease, are to survive termination. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date ") and end on December 31 of the fifth calendar year of the Lease including any first partial year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ( "Renewal • Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. March, 2000 Page 1 • City of Brooklyn Center Lease Agreement This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non - renewal to Landlord no later than ninety (90) days prior to the any expiration of the Initial Term or Renewal Term, such notice provided in accordance with p Y Paragraph 19 of this Lease. 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Tenant and other Government - regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's use of the Leased Premises shall at all times be in compliance with those construction drawings attached hereto as Exhibit B, the approval of which is hereby acknowledged. Tenant's use of the Structure shall be non - exclusive, and Landlord specifically reserves the right to allow the Structure to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property. Tenant's communication antenna facility shall consist of antennas centered at 121 fAGL, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Tenant Facilities "). As used in this agreement, the terms "accessory building" or "building" shall mean the fenced in compound and cabinets as shown in the drawings attached as Exhibit B. Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array with up to twelve (12) antennas in accordance with its approved construction drawings attached as Exhibit B and those construction drawings attached as Exhibit B. Tenant may not increase the number of antennas beyond twelve (12) without first securing the approval of Landlord by written amendment to this Lease. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and 41) maintain the Tenant Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure March, 2000 Page 2 City of Brooklyn Center Lease Agreement during installation or during operations, shall be repaired at Tenant's expense, said repairs to • be undertaken immediately in the event the damage endangers the safe operation of the water tower, or within thirty (30) days in the event the damage does not endanger the safe operation of the water tower. If the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Tenant Facilities shall remain the exclusive property of the Tenant. (e) Maintenance, Expenses. All modifications to the Leased Premises and all Improvement Ex p improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenant's Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean and/or repair any damage to the Leased Premises due to vandalism within three (3) days of notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. (f) Replacements. Before the Tenant may update, modify, or replace the Tenant Facilities other than as provided for in the construction drawings attached as Exhibit B, Tenant shall request the approval of the Landlord and provide detailed plans and specifications to Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement; including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval nor restrict Tenant's ability to provide upgraded and enhanced communication service to its intended service area. Nothing herein shall be deemed to require approval by Landlord of any changes or modifications which will occupy more space on the Structure or the Property or otherwise impair or restrict Landlord's ability to lease space thereon to other existing or potential Tenants. (g) Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Tenant Facilities. Tenant shall not be required to list the equipment located within Tenant's building with the exception of any item which may be considered Hazardous Material as defined in paragraph 8(b) of this Lease. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be • placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises March, 2000 Page 3 City of Brooklyn Center Lease Agreement in order to install, operate, and maintain its Tenant Facilities. Tenant shall notify Landlord of its intent to gain access to the Structure at least twenty -four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as not to interfere with Landlord's maintenance or other activities. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Structure, including repair of the Structure and its coatings. Landlord agrees to provide sixty (60) days notice of commencement of maintenance activities. Tenant is responsible for any cost associated with the protection of the Tenant Facilities during these periodic or non - emergency maintenance activities. • Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at their own expense, test said lines before and after maintenance. 8. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease arising from Tenant's installation, maintenance, and operation of its Tenant Facilities or Tenants use of the Leased Premises, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant Facilities, equipment and related facilities on the Leased Premises. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorney's fees) and claims of liability or loss which arise out of Landlord's use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to pay by reason of the liability of the Landlord, its officers, • employees, and agents arising out of the same act or occurrence. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) above, Tenant March, 2000 Page 4 City of Brooklyn Center Lease Agreement will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and • employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about within th Prop regulation, and (2) that Landlord will not, and or will not permit any erty third partyviolation to of use , generat or e, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials in violation of any law or regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to noti fy the Landlord in f the existence of Hazardous Materials on the o writing 48 hours o g within 4 Leased Premises. The obligation of this Paragraph 8 shall survive the expiration or other termination of this Lease. • 9. Insurance (a) Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500 000 Bodily Injury by disease, each employee. m'Y Y , p Y Y Jm'Y Y P Y (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual, independent contractors, and products /completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the • construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage March, 2000 Page 5 City of Brooklyn Center Lease Agreement shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in • the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, such insurance company to be reasonably acceptable to Landlord, which includes all coverages required in this paragraph 9. Tenant will name the Landlord as an Additional Insured on the • General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. (f) Waiver of Claims; Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all -risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure. (g) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term, so that the then value of the coverage taking into account inflation is at least equal to the value of the coverage existing on the March, 2000 Page 6 City of Brooklyn Center Lease Agreement date hereof. 10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without � y g , contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Tenant Facilities, Tenant may elect to terminate this Lease upon 30 days, written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 11. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty(60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a sixty (60) day period in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default, however, such period shall not, in any event, extend beyond one hundred twenty (120) days of • receipt of written notice of default. (ii) by Tenant if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tenant Facilities ties or Tenant's business; (iii) by Tenant for cause immediately upon notice to Landlord if the Leased Premises is or becomes unacceptable for technology reasons, including, without limitation, unacceptable RF plan, shadowing, or interference, under the Tenant Facilities, design or engineering specifications or the systems to which the Tenant Facilities belong; (iv) by Landlord, upon one (1) year's written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; • (vi) by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location or the Landlord determines, after engineering studies, that the Tenant Facilities unreasonably interfere March, 2000 Page 7 City of Brooklyn Center Lease Agreement with another user with a higher priority, regardless of whether or not such • interference was predicted in the initial interference study that was part of the application process, provided that the Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased Premises to another party with equal or lesser priority for the same use as that of the Tenant, unless such other party would not cause or contribute to the type of interference giving rise to the Tenant Facilities' interference with a higher priority. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt, except notice of Tenants intention to terminate this lease shall be effective upon Landlords receipt of such notice and the cash deposit, performance bond, or irrevocable letter of credit as set forth in section 11 (d) hereof. All rentals paid for the Lease prior to said termination date shall be retained by Landlord unless such termination is due to breach by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease for any other reason other than as expressly provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. III (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have 60 days from the termination or expiration date to remove its Tenant Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon notice of termination, Tenant shall deposit with Landlord in the form of P � P cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. If Landlord removes the Tenant Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Tenant Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. The obligations of this paragraph (d) shall survive the expiration or other termination of this Lease. 12. Limitation of Landlord's Liability. If Landlord terminates this Lease for any reason other than default by Tenant, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of • business or profit or related damages to Tenant. 13. Temporary Interruptions of Service. If Landlord reasonably determines that continued March, 2000 Page 8 City of Brooklyn Center Lease Agreement operation of the Tenant Facilities would cause or contribute to an immediate threat to public health • and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Tenant Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents and except if Landlord's determination is found by a court of competent jurisdiction to have been negligent. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. 14. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. • (b) With Higher Priority Users. If the Tenant Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Tenant Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises area, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises area to any party who is of equal or lower priority to Tenant, if such party's March, 2000 Page 9 City of Brooklyn Center Lease Agreement use is reasonably anticipated to interfere with Tenant' s operation of its Tenant Facilities. • Landlord agrees further that any future lease of the Leased Premises area will prohibit a user of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 15. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Lessee may assign this Agreement, or sublet the Premises without Lessor's consent, (i) to any parent, subsidiary, or affiliate entity, (ii) to any successor in interest of all or substantially all of the assets, stock or business of Lessee to which this Agreement pertains, (iii) to any other entity to which Lessee transfers ownership of, and/or management responsibility for, a majority of its antenna support towers in the market in which the facility is located, or (iv) to any partnership or entity resulting from that certain U.S. Wireless Alliance Agreement between Vodafone AirTouch Plc. and Bell Atlantic Corporation, which assignment or transfer shall fully release Lessee from any further obligations or liability under the teams of this Agreement commencing on the effective date of the assignment or transfer. A person, association, partnership, corporation or joint stock company, trust, • or other business entity, however organized, is an affiliate of the person or entity which directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such person. Control shall be defined as (i) ownership of 20% or more of the voting power of all classes of voting stock or (ii) ownership of 20% or more of the beneficial interests in income and capital of an entity other than a corporation. 16. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant for relocation benefits or assistance. 17. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. If . mediation does not result in settlement within forty -five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction. March, 2000 Page 10 City of Brooklyn o Center Lease Agreement 18. Enforcement and Attorney's Fees. In the event that either party to this Lease shall bring a 0 claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable . attorneys' fees incurred as a result of such claim. 19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attn: City Manager If to Tenant, to: AirTouch Communications, Inc. 3350 —161` Avenue Southeast Bellevue, WA 98088 -1329 Attn: Real Estate -Mail Stop 223 with a copy to: AirTouch Cellular 8401 Wayzata Boulevard — Suite 110 St. Louis Park, MN 55426 Attn: Real Estate • 20. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21. Binding Effect. This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24. Severability. If an term of this Lease is found be void or invalid, such invalidity ty y ty shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25. Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable acceptable to both parties which may ordab a Memorandum of this Lease in a form acce tab • p P Y be recorded by the party requesting the Memorandum of Lease. March, 2000 Page 11 City of Brooklyn Center Lease Agreement 26. Waiver of Landlord's Lien. • a Landlord waives any lien right it ma have concerning () Y may g the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b)Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements' with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 27. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. • 28. Acknowledgement of Prior Lease. The rights of Lessee under this Agreement are subject and subordinate to the rights of the lessee Sprint Spectrum LLP, under that certain Site Lease Agreement by and between the City of Brooklyn Center and Sprint Spectrum L.P., dated February 28, 1997. Lessee acknowledges receipt of a copy of said Site Lease Agreement. • March, 2000 Page 12 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their • respective seals the day and year first above written. LANDLORD: City of Brooklyn Center, a Minnesota Municipal Corporation By: IgAyor By: P kil City Manager Tax ID #: 41- 6005011 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 199 , by Myrna Kragness, Mayor, and Michael J. McCauley, City Manager, respectively of the City of Brooklyn Center, on behalf of the City. 10% Notary Public My commission expires: • TENANT: AirTouch Communications, Inc., dba AirTouch Cellular By: Date: Title: Tax ID #: 4°C STATE OF 4;;94* t COUNTY OF The foregoing instrument was acknowledged before me this day of , T199 , by , as , on behalf of the corporation. Notary Public • My commission expires: 8 2 SHEET : o PROJECT INFO SITE PLANS ELEVATIONS V MAPS PROJECT N0. 2840318724 MIN WOBEGONE AlRTOUCW - " Lt. 69TH & FRANCE AVE. Cellular ' . BROOKLYN CENTER, MN 1 "u 11O 3NNJAY 37NYN! rilti 11 F 1. aa -511 wyn+ a :Ai I 3 r DESIGN ► ~ �= MMw ' by M w1 aM• M WiQ04 • 1 • • • . ... .......... . . ••• .,....,..,.. . .• .. . • . .„.:.-.:„., • • .. ...::::... , .. . . .. .. O 40 NOTE: ALL THE ITEMS DELON. UNLESS SPECIFIED. ARE SUPPl11E0 BY THE 01RDW0 40 WMANUFACTURER. E UFACIURER. I I I Mow .M Pvrh • 3 LITTLE 11106 am 104 "w". .0.1•1 meter SEE A -3 FOR STRUCTURAL INFO. 1 ' laE- cu -MS. No to 0 . E]) e• Pre woEncwrxo ITEM UST 7 �I tl]11e. No M w REM To OWNS mamma 1 ND Ui. T oNN1 ON C ( ) / 111211211 111211211 111-59004' 900111-59004' I CAST NON MANHOLE, rpry 1.2 ...NW. 10 TOWER ILO (SEE A - ]) \ FOR plgypyp µUepN 1 NAC I. S TON 1I, N/ 10 Nw NEAT 55111p • {� I INSTALL PER \ 2 I I IIVAC 12. 5 TON COMPAC IL w/ 10 1( HEAT STRIP I MANUFACTURERS' 10• - 0. '' -2 1•_n• it -1• + !1 {�1 INSTRUCTIONS 7 4 - I g ■ r DOO 0 2 4 44 4 riiw �i0 iuR A 511 ( � �I— ,._ n 4 40 O n wi YOR o E PREP .3070 ACLF�00 AMP 0 d { A 'I \ 4 : { ! � 1 l'' ♦ �♦ DOR !1/IIS PR�070 a ( r `N-' 1 7 z . r - - - - _ _ n >;YS 7iFo w - 0 R IKK OEN _`�,_,..� ' Ii I / 1M Hi LEl- L .3 c , `= 1 POeuElp CONC. IaO11.3c -. is LOCK d0 is LOCKSLT lama w/ LEVER WHOLE H. _u EQUIPMENT M•s' y ur - - . a - -D 1F1 c0 kMRR 314 161109111 ruEr_rRrA1m 'PANDIT 1316E1 DC11 IDCt0171 (A IIff�� SHELTER ��}- -2 OIY R . v _ N ^ 10 .. S- J{ e ta! e a N A.J- INSULATION 0 0(40 e 00 0 10 0004 STOP W 3 1 ] t 0 A11P cL9SIFV.BI.K4 cu. u 2: N c wr. 40. oElwm A , a 0 -© = (5) o J �NTBY- Si VW- 4- Rgvq r ,.2 p ig A ill u 21 EXTERIO 0400! FIXTURE 33 H . P .S. R p IT/PHOTOCELL / :I Q ] e i © �I 1-0• 4}- r / 211 010 PEG. PEEP HOLE r• : i ZOV . • 1 V ♦ l • . I � 'ID �l 1 _k c6wuiga�L Fglyp I�IAri s . Jr - Y - 71 GROUND LSAR, 1/4 • 4 0' r .IIV'r1 4• N n' PT WRRY 3211 /4 eve 1`ASr 6 45 o1O. W 101 1 y .1, WOOD STOOP 7' -5 33 Te9E ER 701 28 1 ' • •. • � VERIFY 34 SURGE MRESTQR EQISTO SUPPLIEDT /NOT SNOWH) .'d ¢': allE FLOOR PLAN T 35 EMERGENCY L0SIT 4" 0 4''' J.D. W/ In KNKO OCUT 4/ 0 0 1/0 ' • •: -..../ sum I /4• • 1 FOUNDATION PLAN 30 we 1Csr 10 w/ TNREADEO CO113 k 11ONJA 1/r . r 33: d 0 B +.1Li 17TAr! didRSdWR 1.9 ° MU AT FACTORY Z E%�Wf�t SAX DETAIL "C" = . I. •- -... AT I� 7{) d0 myna CMNT CAMPER 00 O SCALE • 42) 114 err rNlrar la 42 1/4 - , 4 . IS WI CO Y.iRNND PAR INOI MOM WII3' ( OD 0 11 1. SLAG EO BE LEVEL t l/4: - w 1 4 41 4• N 4 /2 4 WIC 01 Ir 44 A LARM CLOCK E • • . 11201220 10 FX/END A YPLNW e• W 5 I _ 4 0 W AM 06 GVNNECI NVAC 1 IY UNDISTURBED SOIL AND 117051 are ® e O Q - BELOW 4 e 60 kW oIS CONNLC'1 W AS d SLAB EOINO•I DESIGN ASSUMES Q Q' a ALLOW&( SOIL BE4RNC PRESSURE Of RR r r }, 41 =CAW EusIBiE 013(2:0 1 1117111:11 b11 01 w 11Ne014 ©j ' .V % T E �� 1 94 - 7 1 /1n A 1 /1e °° � O E� L.1 s II. g" °1001040 x Q1 ,R, / � t 50 90 DE O. 0. VENT 000D 10" g �,/ SLOPE wNe. 1 -1/5• r w ® � �// .L De " 1 r ; '' 7 »pl l ' r ` 1Or m AII V"eI,CheiIUImOiIYf.'Ik UUI10111� unll l`ll111110111il11" Ilill61,,ll �� w Q i W To { ; bl 0,00 3100 ' U axesraacnom -' LEFT ELEVATION _ ; M,„ O g J •� YYZ i FRONT ELEVATION SCALD i / ` • • ,• H• - la N 3011101011 4'n. " R N2UARW G , ., p r --,St SCALD 1/4 . f-0 _ 1n' rRP 0008501E S X 1 14 10 m% • Ea EIAT SEDON A-3 14 - z - flow CoNSTRUCnaa Z O VW' sro n0.uorAOw -1 Q 1/r 0.� M"OD MI 7091811 • 5 i I _ . - - J., TE NMAIw0 U.• . 2 -4/ 0010 • --�'• 6ECINGI 00: CONCRETE MN r OE 0001 MCNR Q Lai _ Y no 1009[0 O b S r 1 }. MC 10p I!u� w ei lnul �lw o��n1 -_�i ni /ni l, �;Llini oilxinn yu,lii�l _ _ __ :6! • w Al T q} f x ?o re 13.1 7 � . Y N 92B7 O. N -- L C EMPTY WEIGHT OF BUILDING x 38500 LBS. DRAWN 9Y;Eow 10 REAR ELEVATION •., '.14 ELEVATION C Z `k CHIC D a 4/e /Do �y MAWS fu� FIBREBOND WEST INC DN S 1/ SW: *. 1 90090 1 /•• - 1•-e• - ON SMELT 4 � � ' R EVU10NS 1. 51 1. INSTALL WOUND BAR AND GROUND WIRE UNOER INSTALLED DAVEG IDE, 4/4/00 LOGTKN or DAN MO GROUNDING Wu DE SECTION A —A OMNC SCALE -' LIX:NG - SPE APPLICATION PERM APPLICATION ON DETERMINED ON A PER SITE BASIS. S 451 1/2 • I'-0• r i ,—� r ' fnW • _ -- 70 E6 P0 OMmi N•Prm 1100 MN= F BTXTATIT = xi =WPM •;:'nK I DATE s11EEr No. • A -2 • ID II • / ABBREVUTINS: _ � ` '2 si 4 4 C. TYP, 2 x 14x42• w) - EACH WAY !i;i 1 WWF - WELDED WIRE FABRIC 4 (B) WAG (.I) e PVC UNDERGROUND (E.F.) - EACH FACE; ; ) (4 SNE 70 TOWER BASE la iii\...\ L ,_ S) L . , SHELTER EaA ""�" r 7 . MANHOLE 4 2' (I 1 EW. H L R BUILDING FL 5 i i t • TYP. BUILDING - 1 TOOTING If EOGE SHELTER !( • I k SLOPE CONC. 1 -t/2 mAN M MNOFLECT ABOVE �, ag■ • AWAY FROM BLDG. NOTE / IS, 3 x /4 UNDER WALL , r d Y RECEPT (MIN) OPENING BIOCNED Cu' BOVE ' ` 1 34• ,2}. • T2. 0.c. Y -1 7 /B• Is- lob' �1 uK:ROFLECT I at • A . 6• -� 0UN1 (ADDER J - l 7 - MOUNTED D 70 WALL / 00 6•-• 1/4 _ _ mom...-- 4 Ott O.C, E 4• CONCRETE SLAB REINFORCED - - WWF6%6- W1.4XWIA ON • / N INSULATION k -G GRAMMAR FILL 1_i/2F' PVC . --• (/�v''J��� J) e• P VC m ATTACHED TO MALL SUMP /-]_ - -- g = C SUMP sLSItEi- ll • A 2 A t2f, /4 s O 2{ O.C. If. II I 1 6' v �_J O CONCRETE njFILTER FABRIC OVER/ 0 PERIMETER TOOTING 4' GRAN 115 C 4' PVC • VAULT SECTION B —B / — -- et ENTRY N. VAULT PLAN ':•_' 1/2• - t' -o' ../- sruE 1/2 _ r -o• N z ID O 1 / / \ / \ m C. CA 15 l& ROOFING FELT N • \ /4 6r 0 24 0.C. 2• LEVELING SANG Q O Z t FENCE SPECIFICATI N& 1 ¢ Oatar -6' HIGH x S GA x 2' CHAN 2 CONCRETE PAVER (BROOM FINISH) WITH a '- i -2- ABRIC y% WIND TIGHT T MORTARLESS JOINT 1 y �I Y -7 CA. BORON TENSION lNE i F-• r. _ 2 -7//pp A. SDIRE 40 GCE CONCRETE Fti O GOINfR O GTE MIE SOMME 40 �-+ :.', �y (REEF X70 VOCE SPECIFICATIONS) -2-7 ' as SOMME lNE ,• .E . ' 'TIE-. 1 _ .. • T: .. 1 -5/e• Fi t m as TOP was = 11 {, — — \ EDGING . . �— ED % 6' TREATED TIMBER -GTE FRAMES ro BE 1 -5/e• = 11=11 =11 EDGING. . � ON -� i REauREG 11=1 .: � .1i......• � "�',� s' r -1-5/8.0.0. . MAO RAES AT ' .V, W Y G W ROCK CORNERS. 7 STRANDS BARB- 1 -1/2' CIA " y ' : . j O` O (-uENBI' OR F � (VANES) E p 7 ABOVE WOE. �—.: r' • 4' GRAVEL �� -GTE INCH SHALL BE ` FILTER MAT �'.R —� COMPACTED OR UNOISTURB E ' GRAN' 'CARGO OR y >ti • PERFORATED DRAIN G T � i � 1. W SOSOIL -POSTS DRIVER! Y -0 o s' -0• •,. - /4 • 24' O.C. c.":.. t s • - IN 7 OATS OF ..{ F.C. N • FENCE SECTION SHEL, NE \ j HANG= 70 EOMPMENT fi TYP. CONCRETE SIDEWALK DRAWN BY: avow ROVE 1. 1 i • WPM 56412 DAZE: 4/4/00 1 ' .. * T_._. -� 1 1!' \... SOYE: 1' - 1'-0• f ' '''�� J ...0 BY: DATE: SCALE: t /: ' -o• TYP. FOOTING DETAIL RLM°10Ne a so•S 1/Y ZIAVINIi- ir'tGW. • FAI6T APPLICATION • 1!' 1 ' -1 p Rr e � J E [ W- rtcuA i twl T.u..a RTi MII ly�PtxNlx - ` iSAsD P07tSrFN11NIF SOLE: m 1• -0• Izq' ) l sWANK L i / Pyz 1 RArc SHEET N0. - A -3 I! f` 141111€; 8 8 329 ° � tq �a p lid ; g � T $ 0 r }. ill; sg g ; � R �+ f / �� 1 } r r 1 �, � "�� i`� �� _ =�8 i� ��S = i� - lica tl b 41 8!; t jig t t#t ; Ii it! t rti t 1r° ' t q3a; r f ; 411 rig . i• r 1 1r ] t ! 1 ! w �, Ri z t o i i: t }` " fii I I ;t�;� � ' l! iii 3 1 I ii trj 11 1 %ID . Lr ! �� l . i_ [ i P r 4 at i 5'1 In q i V � ! ! 0 ,E 1 * 1 l 11 1 11 A � € !I I 1 I M b ! Pc 1 s ' ! ! 4 1� f i ll i r 3 ! Qa : F= ei t 0 4 1 s a ; 1 [} L i f . sS �s �g >V �° �B � >P ; 8 �� } E n E E E E _ �t 3�it S � iq t � � � � _ �_ » � i g § § § ° _ � ••x 11 § $ § 1.3 Si 1 i f$ ill= /II irtiou III Ili! 3 3 P E •1^ 11 di! 112 3 t CIO r A 4 Q.$ s } i g i f ! 1 x I 1110 1 1110 I. !INF!!! ' 1 14 11 pi 111 L 1114 hi c q= g 2 71., dr TIN r= 1Agli Olt g q OR 1 N Pe PROJECT NO. 2840318724 I z 1 1 DESIGN " MIN WOBEGONE r w Dm r 1.11045014 69TH k FRANCE AVE. "... w wme -°++ nammerada �� BR00KLYN CENTER, MN CO11U11t pal n .4....N AZ- 7.111(1 _ • • • - KICK NOM M7. 06600.01 0710. K N .0.0061 KM MO lt) W6 O.K. EECT a I KO O.K KKK Z w • ADLV 16 6 1 N K ?* sK MC 00474706. GOOK IEN6 we 171 & M MOM. - €t t • : 10(110106 EEYKKM+ ram NMOMOKM 000. Q €•€ G, DEMO tACAGED 3.e. S<I°C 1 M1 raN Wwt =EMT KM Ton ANR M TOW TOW 001170 aRL 006.... .IWpr6 cpDt. 4 0 i ' ! Kt UDDER lO R 7117 SO p6tl®.xaCS r DE 10.,0' No 0•6600•6 6 No M twNtfA CE4 ¢ [ ![ 1 M Gtyp, t1 tN.16M MID NNpW6 W. a MAUD pet en.roYf IEg6610Na U Pi` U 01.1.10.9ENL K .111E a AM MIMT m.16. a ALL 416000610L.0 g10,0 MOM MOM Ma1. 01C L FA OR LES6 MDRp1 NLIM1 9W1 DC VitlD DII r F M in ► 1 • : mRK¢IDR RvmNC FOR M IYYZ i n 1 • _ . ON Ipll MU K KOOK. MR It1NfpRMI 16W6 IRO KKK Kr KUM ( �j 1 / I / / / It MR ] [ MA S m 01 T s O6b COM11 M6 INC1[p MRa •014 } O = •J�. 1 • / • 9. SEE KKK 0.66.35 1011 Ma 'M ,aEaf EEEMREKR6, b id �a / d CODES M6 STMgMpS �(( °��+�J� � 00 `••••_ / T ./ 2KR 1• Rp memos Rpl[D OM EC CDPR[MT 13:0104 SON 1AIESt 9 r 1161067. ^ E PA. Ill il t W �•• �•• ••- -•�vv� - .. - ___11_11_ 1 - • �••�• SEE A a woRSOT0 WRONG COOL OK D10 IM) N. -- •• - ••�__� • TO • KKK NUM CODE (1167) N _ MERGII NSTRInt a SEEL CONKRDLIMR (MCI 16111160 a STEEL 0*007 N (yp1 I IV N • .• 1 , , IKY - 2 A4 .l. M ERE. .0110 SOOST• E `• •" • •\ I J • • ■ � I �1N MKE.N 1n 1 I a MNDerwl ora rank ( �� i 1 Art 0100 -N Y 1 ; \. • \ �, •� �• S IIrICIEOYa RO E • \ r,.......„. ML SIINCINYE SIE¢ 9011 CORM. 10 M. AS. TURF $1 l CONFORM m KM *50 .• 1 t ° ' / MOM. ,,,,, r .7a S TOE F* 1* $ T170 TRDEM a 44 RN 1.m MKS 917 KKK. TO WE MSS V DE 4 7. ME ( 0061176 O IILY Mr7. 4 1 c •, � m7 1 RL Mr ILK/ K 3/4 • 01.1171 OK San 9100 R01m 011471.6E. ML DMrs 9.1 a 0 i , NC MIm N 6 0.7.1102 111116 M 16.07 •YEOf1011NON iaE f11S0TMN J.IIS IISIIp 6116 U ES A ORDE�R CN 7h : 1 (IS >a ® N. MIRK "'" a Atq W115•. ALL NITS 913. K wlrMUp • Attplmv6E MM 6116 MSS a 6n .095. .095. ^ �' \ • , \ 1 Au 9115 9pLL K raOED ru 1EL17r121pIM11{ O[aOmOM rR 07.07. a M M ♦VSj7 • slKw1R a M s1Y0. srws 07ENa K ,0.*67 11110 A11G D61AUEIrprt _ wu a 1 S P1. \� I,1 9Mar- 1*00 L�a 70 Ma S0.K m AT M v T D aE11) 0*1 1 . 0717. K L N il I �S�• \ ® S facn ND ul6f Aue • �mv 6NR mR nc ocNal. rMSDe6RR. MR i < L uNt w01F 1 6m9R a 9MICTIwL slta 7w w.ON05 yW , `M .o LL RmNp m RON -WV SfN9R INN ODKOx[6S 9167. K oONt A N ICCMOMa DC4 IOM M N /ti Z MNR612 L _ ��' • = 11250 KM SK „CFA „Cr. .6DRiC W 1* S . ALT O. S KK DOK T MM con 0 w 7 COVER :.I /' � COMM - M IEEOMEKT6 a S1NEEpWM rN.6 CODE STEEL K M WOVE 01 0166 S'OLYTf. 6. �, ]. ML r4.O m IM O 90rCFf AM 7..0 01166 161E -KT(0 9RUM a M MNN 0717. K ,..7-", W W W MI.T ■ 0171E M ACL;MM.. VIII WEST [OII6N a ATM 0. �� 11 /r� ` S. ttRro.RY KIECMR 7*13 . Con 01 1*000 0717. K 11019.0 6 KOOK Ir. (1101 . OE Q U LI COOPROIT CO cr) 1 'M ' / Il K . K1CR D. ML RCLS 9WL K 00100 a DCYiO. 010116 a ROLES Nu MOT K 01711[0. /// l x Z i ME K _ EML[ K1aO Ra lArAa RK.MY,6N MR 0.,16 �i L C M 7112 AMD 1. Al 01.6 911 K /(16110 N AOCCMVEa KM IYIEOMCOR6RS SM[OGl10RC co GIES i � - + b 7. 6 O n SURFACES 9461. K 667 111/6110 m tsC -St -t toYKRaR OAST • 3. MKT OK COO Of MK. MNEC R OoMI.. 000 K. 1 - W OFT (DIN MN 11LM O.SS). ® P AT BALCONY GIRDER ® TANK ELEVAT 1.116/71917. K OK 9YK MAMA Kw 119 a6 Sg1E, /0• -,• -0' SCNEa /i6•.1• -0' p 1Em SUREEK fKOM4110. NO COMM 1. 61 GONE 907.7. IE RICO N ACCOMPEE KM WMrKT REFS SKC*G1416. Q • L MET Ma M MI6IN6 C.1766•EEF a KM SOCK K•16 NN 00 MM1 1. MIDI'IA00ER KIT 9911161011 OAKS r 11069x6 COMM 01 10 K K 00*I OR6ME. KIM. M KW. TO PO F - 1 Half. CAWKS DORM COWER KKK 6TC -S/-11 TOSq TOO CtfINMEO m MC Y ET.. 4 1 DO KT MAT CAKES NUE swift,' OR OR rot a KKK. 00 MOT 7aN[ R. VW .11. MET .9 NOS MM 7110.E 61- Mn 1701117E WKS SCCOLOr. IM Ras OFT. 1oREn 06 G CASK 10 WW1. KM 7.06005. . MKT TO ALL 96r MKIm 66 RICO KKK. MGS a1.. COO a KKK )17.700 sows o W 0. TOD M 36 O 0 0126 W WK. M IRaA7m f S -!s7. S TO u KS art. COLOR m KKK u0050 `i w TO CUM 400 0 EYNYR G 4- 1- mM.Mloxs E. Imo a] KM sort. MO 11701 0.10713. K 910 is CS. 7. COMM 9 1101 (11 .0K00) NO M6K.OKT.C169G.MOW 6)0! CL .c S. COMM MU K MK. 0. M K M M MO YETAL i[KSMIYIO ML moo Sr 110.0110. 01 701 9Y: 00 MN DATE: r - - 00 S. 6 M 04.117.IE LeE P.M MM MST COO TO w1W MITE. MINORS • SHEET NO. S -1 • • • .. . . ....., .:::::.:,.. • •• .. .. .. .. .•• 1 • • ....... .. .. .. - - -, ___ . . Rr. r I M ,o. a ROW MD w 0u., D °• i 0m,.e a.v I U o r i OM V. !UM 1. 0.12 0/1•11 '.mt PAM wnwrt' I j I Ili l y,r t..R ram i i • t was m*a 1/2 eat d f f If 1 I t M t'Nf l4 fny q , : _ j j j - woo Lxm wtr 1 • F g ¢ • Oat. two " ' n t.aRUr Iq iryMi I wYS I •xorcr � �� W rv.Ow. g "m � :t. ...1a IC I V /r r tw rrE y p I naooue,wt• wa wa. RP ',a# U : SLU TI) `R \: L _ a N: 1 41; �(1 i \ ;; L, n___ .'; • ,:L € - 'n• ft� j `' m — , U , — ed.MMmw �• ntn 1.e� I \ T .* �•. Moot ....1.05.1101'.. q Pa I 1 * n,ao ...7..., I �tN I ar Pam Law' I muiA ". 0 i/ i <,. MO I b -..1 / 4 \•.. ,,,, m 1/ NO 4 p ow .u0 nao nw wm.n_ / (� III y �` N 1. 4 r' . , .. man $ /UM a vs sir— j j I G tmr. Den 01 1.3/. 0 u ` � . — W-0 WC / N> y '"°°" I PLAN- ANTENNA SUPPORT MN,. wan / - I alown L I� i a. WIC s-x sc owl t/2•.t• -o • mtw a0 ,. IMAM E ( I • Jr 3'r'°` - (211/2". .an CTION- CABLE SUPPORT �l11 '- - ° -•-••- - - t °"^°"` °lemur SE B CABLE SUPPORT PLAN -• I I ' ' ' 0 O '� iun tptT N L " _w•• - .r . - ' 0o� m iat °• rm •/ SOAIE:1 1/7 -0 S -= SG4E:, 1/]•.1' -0• 4.• FP - 1 - 1 - 1 - � l I oat 3/a ill 1 1 Wars. r (m. ••• oat L a s (::: wV..rar ./ t t nao . $ ST 1.105MIT w •P * J i 0.... (J S Dm 0/).13 IMO e ta 1.C.2 we WWI i 1 / _..- .. -•._.. tt. — t d S . G • O,DDe m. fiats MIS P..) I I l I ear. nu... D I 0rccwr .� gr. . ile.A223 NUS ./ * t. r.cowr 01001 - \ 'M3'INr j I g I ° � j ::�" h a W ru.ri M.oarca .. - J - \` non' 0 I Wawa x-, �� i6 1. Ow.) 1 4 Damn , 1 I. W c lal mom SECTION- ANTENNA SUPPORT ma I I '"n"w • scut 1/7•.1.-0• • PLAN- ANTENNA BRACE _ ' i L O) We. `/ t. e a 4 * - 0 . .2" g " U ` J ... mra 41 o— o- u . ac g 7 SCALE) I/7 -, -0 man "sraa r Y Y DO Pm. Amu 274 Li a tw - "ATV . I n w y.• teal _ ' � ' e t +0) m:a ° W Er I n ( � 4 m m ■ ....car ow** m AWN MR ./ nwD[ v.o01n NUM WS / /' /•••,,,,' 0 IDt fAY) VI j 11. 1 n SECTION- CABLE SUPPORT r r• .R j w e.:� > `J SCALE 1/2"-V-0' 0 / I ♦ aw0 / awn /i \ / / r. r.e j t O RI/Alrear */ i (n. Ew ay. tnu� .� / -T- \ "."‘ l/r. oat 1 § �— Il � r ^1 1'013/` "'0 • 201 I • ° _�� a Wawa yr* 0101 caw 1 / \1 • \ a. mural -r: PUN 1 �'. DATE: MO.* w \ ° au b . .0an 1 to ./ / wutwtR r .. (2) .1211 1 /2• D I CONDUIT SUPPORT BRACKET COLUMN BASE ELEVATION CABLE SUPPORT PLAN AT CONDUIT SUPPORT n AT BALCONY GIRDER SHEET N0 � . SGLE:I 1/2 -0 ® SCAM NONE ° SA....:9 SG.tE:t t/7 -t -0 S -2 • City Council Agenda Item No. 6e • MEMORANDUM DATE: May 3, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide , nr i r SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER • JAMES & MARGARET SANDBERG 6019 ABBOTT AVE N 3 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. 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. 6f • MEMORANDUM DATE: May 3, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Execution of An Agreement with Brooklyn United Methodist Church Regarding Certain Zoning Issues As a part of the Brooklyn Boulevard roadway project, a number of partial takings are required to accommodate the widening of the roadway or the addition of turn lanes. At northbound Noble, a right turn lane will be created to accommodate this heavy movement. This requires the taking of part of the Brooklyn United Methodist Church parcel on which their main parking lot is now located. The proposed taking does not impact their parking, but it does remove most of the green space now separating the parking lot from Brooklyn Boulevard. As a part of the negotiation process, the Church and the County have come to an agreement on compensation, however, the Church's agreement is contiengent on City approval of certain provisions regarding zoning requirements. 0 First, the Church wishes to be assured that they will not be required to immediately replace the green space setback which is being taken for the roadway project. It is common for the City to agree that it will not require a property owner to immediately correct a nonconformity caused by an improvement project. Losing this green space is not as negative as it initially appears. The roadway project cross section in this area still calls for a landscaped 8.6 foot median with trees and a trail with decorative concrete edging. The distance between the trail edge and the parking lot would vary, and in some cases the parking lot would be immediately adjacent to the trail. At the corner of Noble and Brooklyn Boulevard would be a landscaped corner node. Second, the Church wishes to be assured that they will not automatically be required to immediately replace green space and come into zoning conformity if they desire to expand their facility on the west side of Noble. The Church currently has, by zoning standards, an excess of parking. It is staff's recommendation that as long as any proposed improvements do not result in the need to provide additional parking, then the City Council should feel comfortable approving this request. At this time, the only improvements which we understand the Church is contemplating is an expansion of their Sunday School. Finally, the Church understands that certain types of improvements will require them to bring the parking lot into conformance, such as a major expansion of their facilities which requires a substantial increase in parking, or the expansion of the existing parking lot through the acquisition of adjacent property. We believe the request of the Church for these assurances is reasonable and recommend approval of the attached resolution. III • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BROOKLYN UNITED METHODIST CHURCH REGARDING CERTAIN ZONING ISSUES WHEREAS, Improvement project No. 199904, Brooklyn Boulevard, 65th to 71st, requires the acquisition of right of way, including both full and partial takings; and WHEREAS, a partial taking is required from the two parcels at the southeast corner of Brooklyn Boulevard and Noble Avenue, said parcels owned by Brooklyn united Methodist Church and used as a parking lot for the church; and WHEREAS, said taking would leave the parcels in nonconformance of the requirement for a 15 foot green space setback; and WHEREAS, the City Council and the Church desire to set forth in an agreement which would specify that the Church would not have to correct this nonconformity except under certain agreed -to circumstances. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to enter into an agreement with the Brooklyn United Methodist Church regarding this zoning issue. 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 of Brooklyn Center A great place to start. A great place to stay. • April 18, 2000 Mr. Larry Geisler Kramer, Geisler, Strand & Goff, Inc. Suite 121 10709 Wayzata Boulevard Minneapolis, MN 55305 Dear Mr. Geisler: We have completed our review of your suggested amendments to the proposed "Background and Findings of Fact and Conclusions" regarding the Brooklyn United Methodist Church property in Brooklyn Center. In general, the City is agreeable to those amendments. However, we suggest the following clarifications: 1. Add to the end of this sentence "...in effect at that time." The zoning code is amended from time to time, and this simply references the code that was in effect at the time. 2. No changes. 411 3. Ron Warren's correct title is Planning and Zoning Specialist. I also have not received a copy of the correspondence from Ron. 4. The prohibition of on- street parking was not related to the 1990 -91 building program. The prohibition of on- street parking was ordered by the Administrative Traffic Committee (which consists of the City Manager, Chief of Police, Director of Public Works, and the City Engineer) upon receiving complaints from the neighborhood that church traffic parking in front of the homes and adjacent to their driveways was creating a nuisance and a traffic safety issue. We would suggest amending this item to read "At the request of the neighborhood, no parking is allowed on city streets adjacent to the church." 5. No changes. 6. No changes. 7. No changes. 8. No changes. 9. We suggest rewording of the second sentence so that it reads "...west of Noble Avenue would not require the Church to bring the east lot back into conformance with the green • space setback requirement." 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 10. We suggest adding to the first sentence for clarification "...zoning ordinance has 411) established at this time a parking requirement..." We suggest modifying the second bullet to read "The City of Brooklyn gg fY g " tY n Center will not Y require the east lot to be brought into conformity until such as time as any building g tY Y g addition or remodeling on the west side of Noble Avenue, or any series of projects, results in a zoning code requirement to provide more than the greater of 238 spaces or the number of spaces currently existing." Thus, if you are able to restripe your east parking lot to gain say, an additional 10 spaces, the actual number you would have to exceed would be 248, not 238. There are a few grammar errors in the document which should be cleaned up. With these changes (slight modifications which do not materially change the meaning are acceptable), the City would be ready to execute the document. Sincerely, Diane Spector -cz7 DIRECTOR OF PUBLIC WORKS • cc: Michael J. McCauley, City Manager File 1999 -04 (7) 411 • Brooklyn United Methodist Church — Hennepin County Highway taking Background and Findings of Fact and Conclusions • 1. The Brooklyn United Methodist Church completed an expansion in 1990 -1991 and upon completion the property was brought into compliance with the zoning code. 2. As part of that building program, the Church was required to upgrade the landscaping and site screening on both the church site west of Noble and the remote parking lot on the east side on Noble Avenue. 3. In October of 1999 the staff of BUMC requested a confirmation of the Churches conformance to the Zoning Code with respect to meeting the parking requirements. Mr. Ron Warren, the Brooklyn Center Community Development Director responded with a letter dated stating that the Church needs a total of 163 spaces to meet the requirement. (A copy correspondence from Ron Warren will be forwarded to you next week). it should be noted that the City's zoning code bases the parking requirement on the seating capacity of assembly space and does not consider the church school of church office space. 4. Upon completion of the 1990 -1991 building program, which added parking west of Noble Avenue, the City of Brooklyn Center prohibited on- street parking on • Noble Avenue and neighboring residential streets. 5. Approved development plans for the 1990 -91 addition and remodeling show that the Church has a total of 238 parking spaces consisting of 88 spaces west of Noble Avenue on the site of the Church and 150 spaces on the site east of Noble Avenue. 6. Currently the Church has an excess of 75 spaces per the Zoning Code. 7. However, due to the operation of the church with three services on Sunday and the time permitted between services, the lot is often at capacity and church members must park in the Edina Realty lot or are turned away from finding convenient parking. 8. In September 1999, the Church received notice of a highway project on Brooklyn Boulevard that will result in the taking of a permanent easement totaling 10,728 square feet from the Church's east parking lot (east on Noble Avenue). This condemnation action, as proposed, will leave the subject in non - conformance with the Brooklyn Center Zoning Code. The non - conformity created by the Hennepin County Highway Department's condemnation action will consist of removal of part of the landscaped area, but will not remove a significant part of the bituminous parking lot. Therefore, as a result of this action, the Church's status of a conforming use will change to a non - conforming use, that may have to be brought into conformity at some future date with the following consequences: • Loss of about eleven parking spaces • 110 'd 66I0 -N1-Z I9:93i '1YS 1 YIlddY 'S '9 11 I b : S I (NOW) 00 S I - '8V1 • The construction of the landscaped area adjacent the street would be a cost borne by the Church. 9. The Church contends that the compensation offered for the acquisition of the permanent and temporary easements is inadequate to cover the potential future liability if required to bring the site into conformity to the zoning code. However, the Church would consider the compensation adequate if the Church could be given assurances that certain development activity on the Church site west of Noble Avenue would not be interpreted by the City of Brooklyn Center to bring the east lot back into conformance with respect to meeting the required landscaped setback. 10. Given, that the Brooklyn Center zoning ordinance has established a parking requirement for the church of 163 spaces based on one space per three seating spaces in the Church sanctuary seating and does not have a requirement for the church school or office area, Brooklyn United Methodist Church request that the City of Brooklyn Center agree to the following: • The City of Brooklyn Center agrees that restriping or repaving of the parking lot on the east side of Noble to accommodate the proposed improvements by Hennepin County will not trigger the setback and green space requirements of the zoning ordinance. Further, once the acquisition is complete, the following requirements will apply. • The City of Brooklyn Center will not require the east lot be brought into conformity unless any building addition or remodeling on the west side of Noble Avenue results in the additional required parking spaces plus the • loss of parking spaces due to the building expansion total 75 spaces. This is the difference between the current space inventory of 238 and the 163 spaces required by the zoning code. • Future restriping, repaving, or reconfiguration which does not materially change the current confines of the east parking lot will not trigger the ' setback and green space requirements. Expansion of the east parking ' lot, by for example acquisition of additional property, will require the east lot to come into compliance with the zoning code. • Any building improvements or other changes in use of the east site will require the east site to come into compliance with the zoning requirements for setback and green space. In summary, to the extent that any future improvements to the BUMC properties either 1) do not result in the need for more parking; 2) require additional parking but that parking can be provided on the west site; or 3) require more parking, but that parking can safely provided on the east site by restriping or reconfiguration, then the setback and green space requirements shall will not be triggered. • 1,00 'd 6610 - £1,S- ZI913L 1VSIUdde 'S '0 'A Z1, :SI (N0101100 ,£I- 'IYW • City Council Agenda Item No. 6g • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of property on file with the City Clerk is hereby declared surplus property and is hereby authorized for public sale at a City auction to be held on May 20, 2000, at Anoka -Big Lake Auction House, 17020 Hwy 10 E, Big Lake, Minnesota. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member p g g Y Y 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 • City Council Agenda Item No. 6h • Memorandum TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Speciali , SUBJECT: Chapter 35 Ordinance Amendment DATE: May 3, 2000 On the May 8, 2000, City Council agenda is an ordinance amending Chapter 35 of the City Ordinances regarding Comprehensive Planning. This is a simple housekeeping type ordinance amendment that changes the referenced City Council Resolution Number from 82 -255 to 00 -29 to reflect the recent action on the part of the City Council to adopt the Comprehensive Plan update. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of June, 2000, 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 Chapter 35 of the City Ordinances Regarding Comprehensive Planning. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING COMPREHENSIVE PLANNING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is Amended in the Following Manner: Section 35 -202. COMPREHENSIVE PLANNING. • 1. Comprehensive p nsive Plammng. The City Council hereby undertakes to carry on comprehensive study and planning as a continuing guide for land use and development legislation within the municipality. For this purpose the City Council has adopted, by Resolution No. 82- 255 00 -29, a Comprehensive Guide Plan for the City of Brooklyn Center, and designates an advisory planning agency by Section 35 -201 to aid in such planning. The Planning Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Planning Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Planning Commission shall hold at least one public hearing to consider the proposed amendment. The Secretary to the Planning Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. 411 ORDINANCE NO. Following the review and recommendation by the Planning Commission, the City Council shall consider the proposed amendment and may, by resolution of two- thirds of its members, amend the Comprehensive Plan. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 7a • • MEMO To: Michael J. McCauley, City Manager // From: Ronald A. Warren, Plannin g and Zonin g Spec list -a/Li • Subject: City Council Consideration Item - Planning Commission Application No. 2000- 004 Date: May 3, 2000 On the May 8, 2000 City Council Agenda is Planning Commission Application No. 2000 -004 submitted by Total Gas Station requesting a Special Use Permit to rent trucks at the Total Gas Station, 6830 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -004 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 April 27, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. • Application Filed on 4 -14 -00 I • City Council Action Should be Taken by 6 -13 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -004 Applicant: Total Gas Station Location: 6830 Brooklyn Boulevard Request: Special Use Permit Mr. Gordon Bobbe of the U -Haul Company is seeking a Special Use Permit on behalf of the Total Gas Station operated by Mr. Hisham Tabor Elsyed to rent up to three mid -sized trucks at the gas station located at 6830 Brooklyn Boulevard. The property in question is on the east side of Brooklyn Boulevard, south of 69th Avenue and is zoned C -2 (Commerce). The property is a triangular shaped parcel that is bounded on the north by Pilgrim Cleaners and property owned by Brookdale Honda that serves as a off -site parking facility; on the south by an auto parts store; and on the west by Brooklyn Boulevard with the main Brookdale Honda car dealership on the opposite side of the street. Truck rental and leasing is a special use in the C -2 zoning district per Section 35 -322, Subdivision 30. The applicant has indicated that he would like to offer up to three U -Haul trucks for rent at this location. He has submitted a site plan showing the location of parking, the building and fuel islands on the property. The rental vehicles would be parked to the rear of the building. The central issue with respect to this application, as with other applications involving truck rental and leasing, is whether or not there is adequate parking available on the site for the proposed truck rental operation. In addition to the required parking for the business operation, the other Special Use Permit standards need to be reviewed as well. Parking for gasoline service stations is generally based on the number of service bays and employees. In this case, there are no service bays, rather a small retail convenience store is provided in addition to the pump islands. The retail parking formula requires 11 parking spaces for the first 2,000 sq. ft. of gross floor area or fraction thereof. This is the parking requirement for the Total Gas Station. The plans submitted shows nine general parking spaces along the south property line and four general parking spaces along the north property line with three proposed truck parking spaces also along the north property line to the rear of the building. The dimensions provided for the general parking space show a width of 8 ft. and a length of 18 ft. The minimum parking space width contained in the zoning ordinance is 8 ft. 8 in. The most westerly parking stall along the south property line should not be counted as it appears that a 24 ft. wide drive lane could not be provided in this area. Mr. Bobbe has been informed that the minimum parking space width is 8 ft. 8 in. and dimensions will need to be provided to assure that the minimum arkin space can be provided proposed rovided in these two areas. The three ro osed truck P g P ace parking spaces appear to be adequate providing a 9 ft. width and 22 ft. depth. The parking plan • Page 1 04 -27 -00 appears to show adequate circulation around the site and the ability to provide the required parking for the operation if these dimensions can be verified. Attached for the Commission's review is a copy of Section 35 -220, Subdivision 2, of the city ordinances containing the standards for Special Use Permits. The applicant has submitted written information as to how he believes his proposal will meet these five standards. He notes that he believes his proposal will benefit the community by providing a convenient neighborhood location for truck rental. He notes that the area is zoned commercial and the trucks will be parked at the rear of the property away from the traffic flow for the gas island and convenience store. He points out that the two to three rental trucks will result in customer traffic expectancy of one visit per day and approximately six visits per week. He notes also that the truck rental will not impede the orderly development and improvement of surrounding property, that ample parking exists to accommodate the truck rental, that trucks will be limited to three mid -sized trucks (14 ft. to 17 ft.) at any given time with excess trucks being routed to nearby U -Haul locations in surrounding communities. He concludes by noting that U -Haul will work with the City to avoid potential problems and to insure that the requested truck rental service will be an asset to the community. It appears, for the most part, that there are no major conflicts with the standards for Special Use Permits. If the parking dimensions show adequate parking and circulation around the site, the location of no more than three mid -size trucks should not cause an adverse affect on the site. It should, however, be pointed out that the City generally will not authorize the issuance of a Special Use Permit if there are outstanding ordinance violations on this site. Two such items come to mind particularly with respect to photographs submitted by the applicant in support of this application. One is the word "Total" painted on the north and south faces of the canopy. City records show no sign permit requested for this sign and, in fact, such a sign would not be allowed under the city ordinances due to already existing signs that do not entitle this site to have signs on a canopy. The other item is the existence of unscreened trash containers to the rear of the building. Both of these matters should be corrected prior to the issuance of any Special Use Permit involving the truck rental and leasing operation. It should also be noted that the truck rental operation was undertaken without the benefit of the Special Use Permit and the applicant was advised by the Building Inspector to cease such operations until a Special Use Permit was obtained. The applicant eventually complied with this request and is now seeking the proper permit. It is anticipated that the Planning Commission will have questions regarding the proposed expansion of Brooklyn Boulevard by Hennepin County. This particular parcel will be affected by the widening of Brooklyn Boulevard with a total taking of the property. I have been advised that the owner of the property (Pilgrim Cleaners) was given notice of "intent to acquire" on June 3, 1999, and that "notice of relocation eligibility" was given to the operator of the Total station on December 8, 1999. There is a tentative bid letting date for the Brooklyn Boulevard widening • Page 2 04 -27 -00 • project of June 13, 2000, and possession of this property through a "quick take" is set for August 1, 2000. The fact that a roadway widening project is anticipated is not considered a reason to deny the applicant a Special Use Permit provided the standards for Special Use Permit and compliance with city regulations are met. A public hearing has been scheduled with respect to this Special Use Permit and notices have been sent to surrounding property owners. RECOMMENDATION It appears that this application could be in order and the standards for Special Use Permits could be met. Approval is, therefore, recommended subject to at least the following conditions: 1. The Special Use Permit is granted for a truck rental operation involving no more than three mid -sized trucks at the gasoline service station/convenience food store at 6830 Brooklyn Boulevard. No other uses, other than those approved in conjunction with this and previous Special Use Permits are comprehended by this approval. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations • and any violation thereof shall be grounds for revocation. 3. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the storage and display of these vehicles on the site other than what is authorized under administrative permits comprehended under the city's zoning ordinance. 4. This Special Use Permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the city ordinances. 5. The parking of rental trucks shall be confined to the rear of the building in the location designated on the submitted plan. 6. The Total signs on the canopy, which were erected without a permit, shall be removed prior to the issuance of the Special Use Permit for the truck rental and leasing operation. 7. The trash container located on the site shall be completely screened from view using appropriate opaque materials prior to the issuance of the Special Use Permit for the truck rental and leasing operation. • Page 3 04 -27 -00 i. YtKKY CT. E. • 2 PERRY CT. W. S PERRY PL E r . 4. BROOKLYN PL 5 WINGARD PL� raw , , F ---______ I. QUA VI na • r. w�IC rc �r I. � „1,1't ,. 'g N 11 1 1 1 1 I 1 73RD AV M r - j Woob81 , �� , `A It I 1 11 „' • 1 1 111 with 'a 1111► 4r„ . i ` r 72N0 A /E N. - � A* . r ► ` ~' � I�� 1 11 I ��� l , Ifr i 1 z AVE N_ II IL* gig' /,' 1.• SA.:4 ::: l c CIIN , 2 , i ,• _ -z, 1 ,- ... �, \ 79 T 11 i 1VS;� it , 1 AVt. N. 71S . •.0 � Mill ` AVE • I WILLOW LANE R3 < SCHOOL — — W 1 R5 70ThAVE14 j 1 Planning Commission -a MIMI in 0- 2 ` �,, Application No. 2000 -004 xJ ____E z f T % L 4 Vi -I L 0 � , w _ =1 ; , A N • i NE . -- "EE P AR = �. �j = ? --_ 1' I I I I I I �. ' slit. � . MTN Avg N NM a W • ! t Z'�: I U1 R TE I # :. LW — 1-' 1 %-----1 Q s x v I v ar, MOM O i ` _ ' ES ' Z m 314. AVE. N O Z -r ` "'`.. 6STH. ASE N. �,y _ _ I --'."� I Z �' 1 � z,); -= I �L , - � > _ _ ui . b < EN FREE, - } PARK _— R3 �\ a _ — 67TH. AVE. d, ® � ,�`` I I • 1Illill Q� ` ��� ����� ` 9e 1� AVE N. 1 1 1 1 1 En. mill i 1 66TH - g . F ,rte,' ;. t - 1 1 1 \ \ \ \ WINCI-ESTER � 1 — � � �% a h. �� I �, „ , 1:41 g ii. W 1WI. . ..... 1 111 " �' — 65TH VE N > P " 1 -ui GARDEN I- 7 > " r • < �� -, � SCHOOL Q 1 1 o d a R5 I �, "..""'-‘ 111101 . VIS00 v _ oc S e►vF N all • f :1 so . • e ......... ,.......,...„„ \______._. / / ........_........, c . . „., 1 s .............. ..............___ Ceroir.rni- enkt-0.4 f seAce 1 • Id -..... • 4 Itk • • . . . `1 . . . 6 • . .,,21-' i' "se 0 / . 'v. / . - • • -....., 2 - ,--------= 3 io•ocke,..../6 rActs ■ cr./- A. / a' ' ten•GA , I ./"...... • it „ 9' ..../..".... 1 / / I .• 3.2.6, . _......,. 1 k„------ • . . „ ...., 77 ....... .................—...... _____ •Cs.ficiky- .. • I I / / • go, Is PRRI G / / / / NAtia et be. . 9 SoncoS .1"x/8' 1.." /4 / / \ .1/4 Dts/W-Akt:e , g; ,----- 1 --------- t: 1 17 a,' ...• ,- • -,. a 1 i • ”. r ( r"---14 *-------'--' ' • 1 "e / .••••"" .........":-.......7* 0 / (7: . ) 0 ' 5A / .../.....'.......... , 7' of . ..--"............' ) .1 a 4-0 S3 -4 •2.._____„.... _ .' . _ _.—__ . r _ : v cie4s5 .., 1 . • ' . • TOTAL GAS STATION - 1 om.I. CI 6:cf. 6830 BROOKLYN BLVD. • • owv.sco ' — - BROOKLYN CENTERNN.55430 Section 35 -220 • 2. standards for Special Ike Permits • A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment. maintenance or operation of the special use will promote and • enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Resttjons • The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, Location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and • to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. • 4. Resubmission • • No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council g City unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and e ayin an additional fee in an amount as set forth P . _ nth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced wi • that time. • In any instance where existing Y an exrsun, and established special use is abandoned for a period of . one year, the special use permit related thereto shall expire one year following the date of abandonment. U+IAUL® • • U-HAUL CO. OF MINNESOTA l 9890 NORTHEAST HIGHWAY 65 • .BLAINE, MINNESOTA 55434 • PHONE (612) 780 -9746 • FAX (612) 780 -8744 sTA77zYO. 6S3© ig x'00& y,k/ 4 . C oiv t' t' i 65. ff il- 2cLil 440 c 4 x� '7; eicrc -74) 7 L. s 1 A--°e-c2F7' 6 lc e du 40 ii r r t i(e C st i 000 XPO Se - 5 CO/Ua GJ ckS7420,tit -s At 0 vid INTc1) C 76 /t3O,2t-fo o bj 7c7 .1--P-09- ids INa S -- o %.. O F U-1-14 -ilk R.- ,-4 c- -- A oC++4 . /gct S r../ r°A- 12kerb Ft- T"''A -I- OP 4). #ag.,.J6 4.407 Ark )A7 Fpm' - 172-4 r c, FL-& /AJ7' o a - $ .7.-.7G-#44 .i C oa) vj i re-xi - S' - o!J - eat t ms Z` Fo e. 2- 3 g i 7 - #9-G- - r s 7 e cc s r"" 2A-Fri . atie 10 TA-AI L-12 geS -r t-r rN oNF vt stT , � b 4 +Qore41frrrEc.y Os t r s ,oa,.e . Kiec C. I 2-4-4-e_g_ tem) vrt_- W i`t,, ti1 or / at Pc 77t o�el I w v g 1AI - r /'m/ D / 40 v A-t t-,OT L sti /AcGWAl2 - A-Al vot u- 1 044_,/e,',0$ rn1$ % o -°e =c-c c o 614-77 ;7714 / , 7W e/ C,tr A A-t l l 0 --/ 2 A4-0 A f ..1 G , S .� u Lz�`V G 51P4 c &s Pr T'" s 7 , diva g /4 > --toy o i4c l s tr/F'`r; Co i/ ✓oar 1 604./C.s 4 26 C..Ges 7 rn • e=04.1 o..-A. At. . c ,e Ar ,Pe -r /et 'S p-,jb 1- us G t.l i T`rfii) - 3 tit / 4 lit r s . !' 4,. `, r e C tr.s 4 $ 4 ttez ��r etc /0) .Paces t.?rE c--A ur .2) 417 ice= 7 et u4. 77t- E.�` - U-HAUL® • • U -HAUL CO. OF MINNESOTA 9890 NORTHEAST HIGHWAY 65 • BLAINE, MINNESOTA 55434 • PHONE (612) 780 -9746 • FAX (612) 780 -8744 I B. Z ,4 / - « .,e S C / - /7.9 f,47 7?/ , i Btu` '! ie •?' , "7 Av e,1 -1 t4prc/L r c,9- 77cytd.s' /A/ C-�yr C TA-4. Ne lie► oP4 #mio C MI "Veft poL s OA/ 4E 7 rose? c G - " •tit /S&- ReA d • A- R7moir7 To ,41/0 - 7 r . c- 1 Est s ritrt.tb • o g'.vs Thef r /4026.ers T '7740-I4 cb 146--"M9 • 3 A-ssE r -a elootdot 4'4 < : r - 7 • • • Ai z . I • - ' _ ----.1-"-----.-----..---.-------...........- : i • .r; . 0 . . . r 1 • .t y 14 . i c • • i ' ' .�- s14' — r I _ ' "a` � E — I i 'Ai tliN n�' 11f { ' '" PROPOSED TRUCK PARKING AREA • 1: j = - t. .t• 74 a •S t: .` •.T ttiY ii.: salyad4 k' a' ,. 1..,... e,T, ,k <, t. •w . . '�`` • k•�• :`5 - ., a.i, •� +ti}.. V•.k•Yxt Sb �'4... , :a\.:,u 4 ., J y : , •`• ; •y ,.y, �i "i ,.i .°S <iiti.� � �f•• f•`ai i,N "u,. ..'R . •� 'a<• i ;�.•Y' "• v:MS 4N.' ,t'�\ �.. t4. +. mu . , r. •�`. , •air vti• dtN i :a :at, . ..T•*'- . T . :.t'- ,'• ,., !jt::, ..Yh .. . . .. bk . :4 .. , } i ri Y �K ,, 5h:;: .0 .i. •. .............................. ht. y 4i t .,a. •: q . b x: 5};:.1' "•`N•S ' d. L rya `: "t } -•�: , .. Via` - :`;;,�' •a:: ` < '� ..t:: ' .; is .;v` �, ... - ... .v' :`l. ..v,., }.,, �' vs ,•j:;G "�,?� ' %n., .... *;s „w�W Iw +,.. , : { '' y: h,;! ait S'_•it -_ti. t;`�;t ”: i * . - - .-. i : IZ; ' .. 1 W t • - , ..I ".: 1 t 4: g ` �i t 411 - *. % r• ' - r "9i' � .: _ • • • • ,, '"'" ` Saar I" �. ' • • PROPOSED TRUCK PARKING AREA • • • • I .. 0 • . - • • • • • . • , • • ,. ii , . „.. , . t . --,, ., - : ' ' • t...,!: - . • • . , .'‘Illt .• ■ 1.=., '. • - .. . . • Wm. • • ' . , \ ..,,,,31.„." i•;C,„1.1.- FZ . ‘. „ • ; • • • ' : „, . • , -. , '., ; •; b . ' •. - • . /s - , -.. 1 i . . . ,. . • tir4.14.,,4• i . \..,.. • v it ■ . . • . • .■____ft ,, `.• .. • . ..........—•,.. ' • Allikii , _ .. ,.....--- -- , - . . • *.. 1 1 • . . ' , ' 'L' - . ' , .• i - =.',15, ■ 1 . . . • II! 1,1 ' :. s . : ; . ' I i ll lir" I ; . ,_ ' I • . ., kliti . A .- • 4 V r it - ' - , ,.. . • . : . ••• ... -.mom . . . • .....--.......— ' . • . • • . . ' . • . ..- - , . . ' — • . . . . . . . . . . .. • . . • ' • • . . . . • . • . . . . . '. . • . . • • . , • • • - • - , . . . • 2' . • ' . ,. . •• . • • • • . • . . . . , . • . . . „ .. . • • . . . . . . . . . • • • • • . ___ . . • . '.. ..:. • I P .4• • ' V j • 4 •• . ...... . ... .....1 • - ' _... . • Y. 1 i ' . • . . • • i • i , . ,. • ., I i • •,-..:. rou, Ini TOTAL • 4 .„.114 , I /' . , 0- - .V • . -_. , • . • e- vr .■ . , 1 1 . • 111r 4 s,i,.t,. • .,...„. • 1....-_- -., . • 1 i,-- ..i....,.,.„;,...., _....:;-.... • ,I---„ • 6 - - - 14 .1 - 1' ......... __if . , — .. , ° ,- ..A ,, I IS 1. , _ .1 .4.4i --- 4,. VI , T - • :II . ... . v . ■ V/ . 1 grit, .•:„.„...„ ....•,. ._ ..._.._ _,....._....., _ --- ,– --- -ma.. ..,_ . • ....• • ..........._...,.... .,., ... •.....,,,...„..,•..„.,: • „,,,,,....„.„... • . •,....4„,,...,,4,,...,...„.„,...,....,.,.„.,.. 1/4„.4.• .....r . ......:„. ..,...„.„..,,.„..,....,....,.....:.,•••,,..,...„4„,.„.,:.,..,..;....... • • • . MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 27, 2000 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, Dianne Reem, Graydon Boeck and John Whitehead were present. Commissioner Sean Rahn arrived at 7:41 p.m. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MJ■TJTFS — MARCH 30_ 2000 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the March 30, 2000 meeting as submitted. The motion passed unanimously with Commissioner Boeck abstaining. • 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. TOTAL GAS STATION — 2000 -004 Chair Willson introduced Application No. 2000 -004, a request from the U -Haul Company on behalf of the Total Gas Station for a special permit. The special permit requested would allow for the Total Gas Station to rent up to three mid -sized trucks on their premises, 6830 Brooklyn Boulevard. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 4/27/00 for Application No. 2000 -004 attached.) Mr. Warren noted one of the major concerns would be the parking availability and the ability for traffic to circulate without problems arising. He mentioned that the truck rental operation was undertaken without the benefit of the Special Use Permit, however those operations have ceased until a permit is obtained. Commissioner Boeck questioned if the sign corrections would take place either way, whether it is approved or not. Mr. Warren explained that those matters do need to be corrected either way, however, requiring this as a condition of approval is a way to seek compliance with the • operation. 04 -27 -00 1 • Commissioner Boeck questioned the reasoning for the request since the business will not be in existence after August 1, 2000 due to the County acquisition of the property. He also questioned the reason Total Gas Station was not informed earlier than December 8, 1999 when the owner of the property was notified on June 3, 1999. Commissioner Boeck raised concerns if any dollar amounts have been discussed regarding the partner getting paid. Commissioner Boeck questioned if the business plans to relocate and if so will they be able to apply for relocation funds. He also questioned if public money will be spent to relocate this business operation since the letter was issued prior to notification of acquiring the property Mr. Warren explained that the County is acquiring the property through the established procedure and this is an on -going process. Mr. Warren stated he was unsure of what would happen, however whether the Special Permit is granted doesn't effect the relocation process. Commissioner Erdmann questioned that if the permit goes through it would only be a maximum of three months. He mentioned concerns regarding how the size of the trucks will be monitored since there is limited space. Mr. Warren explained that the City would enforce by visual observation, in addition to the • location of where the trucks are parked. Chair Willson stated that if the truck rental operation has been going on for sometime and it wasn't noticed, than isn't it possible that the size of the trucks and their parking location be difficult to monitor as well. Commissioner Reem mentioned that she has used that gas station and noticed trucks being parked elsewhere and no vehicle in the designated truck parking spot. She also questioned the amount of space available for turning around with the trucks. Mr. Warren stated that he believed there is enough space available for turning around the trucks. He mentioned that the majority of the business for the gas station is centered around the pumps up front, and therefore the parking should not be a problem. Commissioner Reem mentioned that it is difficult for cars to get in and out of the station, therefore trucks are sure to have a problem. Commissioner Erdmann questioned if the relocation process will carry forward in anyway to a new site. Mr. Warren stated that the relocation process would not necessarily carry forward into a new site. • He mentioned that if they desire to relocate the truck rental operation, it would need to come 04 -27 -00 2 1 ' S � before the City, however, if they are moving to an already existing station with an existing truck operation they would not be required to come before the City. Commissioner Whitehead questioned why the city was not informed when the operation began. Mr. Warren stated he is unsure of why the City was not informed. He mentioned that a representative from U -Haul is present and they may be able to answer that question. p p s Y Y q Mr. Warren explained that the City's main concern is with the compliance of the Special Use Permit and not punishment for their past business errors. If there is to be a punishment than it will need to go before the courts, if that is what the City chooses. In response to a question by Commissioner Rahn, Mr. Warren explained the current signs that Total Gas Station has in place. He mentioned that they are allowed one free standing sign, which also has size regulations that must be followed. PUBLIC HEARING — APPLICATION NO. 2000-004 There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to open the public hearing on Application No. 2000 -004, at 8:05 p.m. The motion passed unanimously. Chair Willson called for comments from the P ublic. 40 Gordon Bobbe, representin g P U -Haul Company, introduced himself and gave a brief explanation for the request of the Special Use Permit. Commissioner Whitehead questioned why the business was not compliant in the beginning, since the business was in operation prior to even requesting a permit. Mr. Bobbe stated that they thought that since they already have a business in a different district that there wouldn't be a conflict. Commissioner Reem questioned the turn around abilities with the trucks, she stated that it seems there is already congestion and this will only add to the problem. Mr. Bobbe explained that the trucks will be fairly small and should have no problems turning around. He mentioned that when trucks are not in the designated parking spot it is because a truck has been returned and the customer has been asked to park along the side. Commissioner Rahn questioned the availability of lighting, and who will be responsible for the lighting if customers are back there returning trucks. Mr. Bobbe stated he is not the owner and doesn't know the availability of lighting. • Commissioner Rahn sP uestioned who would be responsible if there is a lack of lighting. q 04 -27 -00 3 • Mr. Bobbe stated that U -Haul is a self-insured company and would not be liable for any lighting on the premises. Commissioner Whitehead stated that since the person on duty will be responsible for parking the trucks, then who will be responsible for the maintenance of the trucks. Mr. Bobbe stated that there is a check in and check out procedure that takes place and there for it should not be a problem. He mentioned that the amount of business U -Haul will generate would be extremely small. Mr. Bobbe stated that since he is a nearby resident he will be stopping by and checking to make sure things are running smoothly. He explained that the maintenance of vehicles would be done at a different location. Commissioner Whitehead mentioned concerns with the possibility of theft since one person would be doing all of the U -Haul and gas station business tasks. Mr. Bobbe understands Commissioner Whitehead's concerns however doesn't see a problem since it will be a small operation. He explained that the manager will be doing the majority of the U -Haul tasks, these tasks will be handled between the hours of 6:30 a.m. and 2:00 p.m. Commissioner Erdmann questioned the locations of the signs and if there are or will be any U- Haul signs. Mr. Bobbe stated that there are no U -Haul signs and they have no intention and posting any signs either. Commissioner Erdmann questioned if the trucks being dropped off after 2:00 p.m. will sit along the side until the next morning. Mr. Bobbe explained that trucks being returned at night would not be parked until the next morning after 6:30 a.m. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close the public hearing on Application 2000 -004 at 8:14 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. 2000 -004 — SPECIAL PERMIT FOR TOTAL GAS STATION There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to • recommend to the Council that it approve Application No. 2000 -004, submitted by Total Gas 04 -27 -00 4 • Station (6830 Brooklyn Boulevard) for a Special Use Permit to rent up to three mid -sized trucks subject to the following conditions: 1. The Special Use Permit is granted for a truck rental operation involving no more than three mid -sized trucks at the gasoline service station/convenience food store at 6830 Brooklyn Boulevard. No other uses, other than those approved in conjunction with this and previous Special Use Permits are comprehended by this approval. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the storage and display of these vehicles on the site other than what is authorized under administrative permits comprehended under the city's zoning ordinance. 4. This Special Use Permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the city ordinances. 5. The parking of rental trucks shall be confined to the rear of the building in the location designated on the submitted plan. • 6. The Total signs on the canopy, which were erected without a permit, shall be removed prior to the issuance of the Special Use Permit for the truck rental and leasing operation. 7. The trash container located on the site shall be completely screened from view using appropriate opaque materials prior to the issuance of the Special Use Permit for the truck rental and leasing operation. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its May 8, 2000 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 no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:21 • p.m. 04 -27 -00 5 • Chair Recorded and transcribed by: Sara Beck Timesaver Off Site Secretarial, Inc. • • 04 -27 -00 6 • City Council Agenda Item No. 8a fb City of Brooklyn Center A great place to start. A great place to stay. s MEMO To: Michael McCauley, City Manager From: Sue LaCrosse, Earle Brown Days City Liaison Subject: Request For Council Consideration Date: April 28, 2000 This is a request for the City Council to pass a resolution declaring Earle Brown Days as a civic event from June 22 through June 24, 2000. Please include on May 8 agenda. • In order for Earle Brown Days to schedule certain events requiring land use permits, it is necessary for Earle Brown Days to be declared a civic event. Thank you. 111 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 22 THROUGH JUNE 24, 2000 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City - issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 22, 2000, through June 24, 2000. 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. ID • City Council Agenda Item No. 8b • • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION URGING SIMPLIFICATION AND FAIRNESS IN THE APPLICATION OF SALES AND USE TAXES WHEREAS, under current law, local retailers in the City of Brooklyn Center are required to collect sales and use taxes on transactions regardless of whether they are conducted over the counter, over the Internet, telephone, or by mail order, while out -of -state or remote sellers are under no such obligation; and WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme Court's 1967 ruling in National Bellas Hess, Inv. v. Illinois, which prohibits State and local governments from imposing a duty to collect on remote sellers in part because it would be overly burdensome and too costly to require them to figure out and remit sales taxes to thousands of different State and local governments that have different tax rates and other requirements; and WHEREAS, the Supreme Court reaffirmed the Bellas Hess decision in 1992 in its ruling in Quill Corp. v. North Dakota but clarified that Congress may authorize State and local governments to require remote sellers to collect their taxes in a manner that does not unduly burden interstate commerce; and • WHEREAS, both Supreme Court decisions pre -date the Internet which has been the engine driving the explosive growth in electronic commerce. Business to consumer sales alone in this area are expected to surpass $184 billion nationally by 2004; and WHEREAS, current law has created an un -level playing field between local retailers and remote sellers, one in which remote sellers, who sell products over the Internet tax - free, have a competitive advantage over our local retailers, who are required by law to collect our sales taxes on over -the- counter sales; and WHEREAS, the City of Brooklyn Center depends on the State for funds derived from the sales tax to support a number of vital public services such as: police, fire, parks, and streets; and WHEREAS, the Advisory Commission on Electronic Commerce failed to reach the consensus required by law in developing recommendations to submit to Congress on whether and how sales taxes should be applied to electronic commerce and remote sales; and WHEREAS, in spite of the ACEC's failure to reach legitimate consensus, the Commission submitted recommendations to Congress calling the elimination of the local option sales tax on remote sales, and numerous exemptions and tax loopholes that would cost State and local government an estimated $30 billion annually; and • WHEREAS, local and State governments across the nation acknowledge that their sales and use tax systems are too complex and burdensome for electronic commerce and remote sales, and they are working cooperatively to adopt model Legislation to radically simplify their tax systems for the 21st century so they can be easily applied to all commerce; and RESOLUTION NO. ID WHEREAS, numerous proposals have been introduced in Congress to implement some of the recommendations in the ACEC report, and the House Speaker and Senate Majority Leader have stated their intentions to approve Legislation this year extending the current 3 -year moratorium on new taxes on Internet access fees, multiple and discriminatory taxes for an additional five years; and WHEREAS, there is no compelling need to extend the moratorium at this time since it is not scheduled to expire until October 2001, and since the Legislation endorsed by the Congressional leadership neither addresses the competitive disadvantage issue for local retailers nor the collection of taxes on remote sales for State and Local governments, which are the two most dominant issues in this debate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center supports the simplification of State and local sales and use taxes, and urges states to move expeditiously to develop and approve model simplification Legislation that allows State and local sales and use taxes to be applied equitably to traditional retail and remote sales; and BE IT FURTHER RESOLVED, that Congress is urged to ignore the report and recommendations of the Advisory Commission on Electronic Commerce, and not to consider Legislation simply extending the current moratorium; and BE IT FURTHER RESOLVED, that Congress is strongly urged to approve Legislation that provides that once a state successfully implements sales tax simplification, it will trigger Congressional authorization granting that state the authority to require remote sellers to collect its State and local taxes. 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. FROM : ON SITE SITE SANITATION INC PHONE NO. : 6124866400 Apr. 21 2000 08:49AM P1 Apr 16 2888 21:S ?:81 Via Fax -> 612 569 3494 Mayor Rragness Page 081 Of 889 coNP THE UNITED ST ATES CONFERENCE OF MAYORS ( - l 1620 Oh STREET. NORTHWEST �\ - WASHINGTON. D C 20006 TELEPHONk (202) 293 -7350 FAX (2U2) 293 -2352 Ir TO The Mayor FROM: J.Thomas Cochran ��,... Executive Director DATE: Apnl 18, 2000 SUBJECT: Action on Bills Extending Moratorium On Internet Taxes Expected Early May • *Calls, Letters and Resolutions Needed to Defeat A. Five -Year Extension of the Current Moratorium on Internet Taxes* Please call and /or send a letter to your Senators and Representative(s) by early May urging them to vote against S. 2255 and similar legislation. Instead, they should be urged to support legislation authorizing state and local governments that simplify their sales and use tax systems, to collect taxes on remote sales. You are also encouraged to adopt a resolution and send it to your Senators and Representative(s) as soon as possible. If you have a member on the House or Senate Commerce Committee, we encourage you to meet with him/her to discuss this issue. Many members will be in their home districts during the Easter recess which ends on May 2 for the House and April 25 for the Senate. See attached draft resolution, sample letter and talking points. On Thursday, April 13, the Senate Commerce Committee was scheduled to mark up S. 2255, a bill that would amend the Internet Tax Freedom Act to extend the moratorium on Internet taxes for 5 additional years. But mark up was postponed after several Senators on the Committee expressed opposition. However, House Speaker Dennis Hastert (IL) and Senate Majority Leader Trent Lott (MS) have stated their intentions to approve a five year extension bill this year. Committee action is expected in early May. Unless theft is strong opposition, this bill may move quickly through both Houses. • The current moratorium extends through October 2001. Senator John McCain (AZ), the sponsor of the S. 2255, believes it is needed to "ensure that Internet commerce remains free from burdensome, anti - consumer taxation..." This proposal will undermine state and local efforts FROM : ON SITE SITE SANITATION INC PHONE NO. : 6124866400 Apr. 21 2000 08:50AM P2 Apr 18 2808 21:5? :3? Via fax -> 612 569 3494 Mayor Kragness Page 882 Of 009 • underway to create a level playing field where sales and use taxes can be equitably applied to all commcre. State and local governments are working diligently to simplify their sales and use taxes so they can be easily applied to electronic commerce and remote sales. What they need Congress to do is pass legislation that will enable them to collect Taxes on remote sales, not a five year extension of the current moratorium This proposal must not be allowed to pass because it will create the illusion that members have addressed the problem and quite possibly destroy our chances of getting Congress to pass needed legislation. Under current law, state and local governments can not collect sales and use taxes on goods sold over the Internet when consumers residing in their areas purchase them from merchants who are physically located in a different state. Unlike local merchants who are required to collect sales taxes on goods sold over the counter, out -of -state merchants are under no such obligation. And while customers are required to remit taxes on purchases from out-of- state merchants. they seldom do since there is no way of enforcing this requirement. To address this problem, state and local governments across the nation are in the process of adopting model legislation that will streamline and simplify their sales and use taxes so they can be easily applied to all goods and services regardless of whether they are remote or local retail, or ID sold over the counter, Internet, telephone, or by mail order. By making tax systems simple and uniform, many of the burdens that out -of -state merchants now face (i.e. figuring out and keeping up with changes in thousands of different state and local tax rates) will be eliminated. The model legislation being adopted by states requires them to use state of the arts technology that will make all tax rates easily accessible to all merchants by matching a customers zip code with the appropriate state and local tax rates. The model legislation also calls for states and localities to participate in an interstate compact to collect sales and use taxes. The goal is to get Congress to pass legislation authorizing the compact, and authorizing participating states that simplify their tax systems to impose a requirement on out -of -state merchants to collect their use taxes. Traditional retail stores including Wal -Mart, Target, Radio Shack, J C Penney and Circuit City have formed a large national ' fairness" coalition and are working with us to achieve a level playing field. They have been very effective in making the argument that a tax -tree Internet puts them in an unfair competitive disadvantage with their on line counterparts. Please feel free to contact Larry Jones of the Conference staff at 202/293 -7330 if you have • any questions. Also, please fax a copy of your resolutions and letters to Larry at 202/293 -2352. • City Council Agenda Item No. 8c • • PROCLAMATION DECLARING MAY 11, 2000, TO BE EQUAL PAY DAY WHEREAS, more than 35 years after the passage of the Equal Pay Act and Title VII of the Civil Rights Act, women continue to suffer the consequences of inequitable pay differentials; and WHEREAS, wage discrimination laws are poorly enforced and extremely difficult to prove and win; and WHEREAS, working women constitute a large segment of the nation's work force today; and WHEREAS, fair pay strengthens the securities of families today and eases future retirement costs, while enhancing the American economy; and WHEREAS, Thursday, May 11, 2000, symbolizes the day in which a woman's wages "catch up" to equal what men earned in calendar year 1999. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim May 11, 2000, to be Equal Pay Day in the City of Brooklyn • Center and urge the citizens of our community and the leaders of our businesses and government to recognize the full value of women's skills and significant contributions to the labor force and working families. • Date Mayor Attest: City Clerk • • City Council Agenda Item No. 8d • • April 26, 2000 MEMO TO: Michael J. McCauley, City Manager FROM: Jane A. Chambers, Assistant City Manager SUBJECT: Sale of Liquor Store Surplus Equipment Jerry Olson has suggested placing an ad in the LMC bulletin for surplus shelving and cooler equipment that will be left after the Liquor store move to the Cub Foods location, and closure of the Humboldt and Brooklyn Blvd stores. The ad would be targeted to other municipal liquor store operations, to see if there is interest in purchase of the equipment. Purchase price would be negotiated with interested parties. Mr. Olson does not have an estimated value of the equipment. It is a mixture of shelving items and cooler items from the two stores. If the items cannot be sold, they will be discarded. There is no charge for placement of the ad, which can be done on a one -time only basis. Mr. Olson's suggestion is a way to possibly retrieve some value from the items that otherwise will be discarded, and involves a minimum of staff time and effort. • • City Council Agenda Item No. 8e MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: May 3, 2000 - SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment for the Expansion of the Earle Brown Heritage Center In addition to awarding a contract to E & V Construction Managers in the amount of $75,000, the Council awarded fifteen (15) contracts for the construction of the G Barn and the connecting links between the Earle Brown Heritage Center's building. At this time all work, with the exception of Wasche Commercial Finishes (painters), has been satisfactorily completed. Of the remaining fourteen contractors there was a total of eighty -two (82) change orders resulting in a $34,197 reduction from the original bid total. The following is a brief description of the change orders made in the field. 1. Duncan Concrete - additional sidewalk, trash enclosure and mechanical room floor pads - net change $1,102 2. GEH (carpentry) - miscellaneous field changes in design and/or finish materials - net • change <$11,568> 3. Top All Roofing - revised roof plan, 2 additional HVAC systems to flash - net change $550 4. Empirehouse - miscellaneous field changes - net change <$1,803> 5. K & K Sales - additional hinges, field design changes, hardware finish change - net change $4,051 6. Shaw Contracting - minor reduction in area coverage - net changes <$244> 7. Graziani Brothers - additional floor prep back charged to Duncan - net change $2,179 8. Twin City Acoustics - install metal soffits in plate up room - net change $490 9. Mahin -Walz, Inc. - change door height of partition doors - net change <$2,234> 10. Newman Mechanical - redesign of HVAC system - net change <$41,792> 11. Fire -Guard Sprinkler - additional sprinkler heads, replace 4" flow switch - net change $783 12. Weber Electric - field changes to electrical design - net change $16,306 13. Witcher Construction - additional footings and insulation, export 352 cubic feet of soil from site - net change $2,983 14. Gephart Electric - design change to parking lot lights - net change <$5,000> E & V and the contractors listed have satisfactorily completed their contractual obligations. The final cost of this phase of the Earle Brown Heritage Center renovation was $1,281,716 as opposed to the bid totaling $1,315,913. The construction management contract is an additional $75,000. • It is my recommendation that the work performed under these contracts with the corresponding change orders be accepted and closed out. The contract with Wasche is still open subject to further discussions relative to quality issues. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR THE EXPANSION OF THE EARLE BROWN HERITAGE CENTER WHEREAS, pursuant to written contracts signed with the City of Brooklyn Center, Minnesota, Gephart Electric has satisfactorily completed the following improvement in accordance with said contracts: Earle Brown Heritage Center Expansion NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Eighty -two (82) change orders totaling <$34,197 >. 2. It is hereby directed that final payment be made on said contracts, taking the Contractor's receipt in full. The total amount to be paid to the contractor as noted in the schedule for said improvements under their respective contracts shall be • $1,281,716. 3. The work completed under said contracts is accepted and approved according to the following schedule: Contractor Bid Change Order Final Duncan Concrete $48,600 $1,102 $49,702 GEH Construction $396,000 <$11,568> $384,432 Top -All Roofing $59,510 $550 $60,060 Empirehouse $112,042 <$1,803> $110,239 K & K Sales $29,146 $4,051 $33,197 Shaw Contracting $52,514 <$244> $52,270 Grazzini Brothers $18,370 $2,179 $20,549 Twin City Acoustic $3,965 $490 $4,455 Mahin -Walz Inc. $31,458 <$2,234> $29,224 RESOLUTION NO. Contr actor Bid Change Order Final Newman Mechanical $291,000 <$41,792> $249,208 Fire -Guard Sprinkler $24,600 $783 $25,383 Weber Electric $131,900 $16,306 $148,206 Witcher Construction $62,608 $2,983 $65,591 Gephart Electric $54,200 <5,000> $49,200 Total $1,315,913 <$34,197> $1,281,716 4. The work completed by E & V Construction Managers is accepted and the total of their contract shall be $75,000. • 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. • City Council Agenda Item No. 8f • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING MAY 15 AS PEACE OFFICERS MEMORIAL DAY AND THE WEEK OF MAY 14 -20, 2000, AS POLICE WEEK WHEREAS, President John F. Kennedy authorized the proclamation that May 15th of each year be designated as Peace Officers Memorial Day and the calendar week of each year during such May 15 occurs as Police Week; and WHEREAS, police officers have worked devotedly and selflessly on behalf of the people of this community, regardless of the peril or hazard to themselves; and WHEREAS, these officers have safeguarded the lives and property of their fellow citizens; and WHEREAS, by the enforcement of our laws these same officers have given freedom from fear of violence and civil disorder; and WHEREAS, these men and women by their dedicated service have earned the gratitude of the community. NOW, THEREFORE, F , BE IT RESOLVED by the City Council of the City of Brooklyn Center that May 15th be declared Peace Officers Memorial Day and the week of May 14- 20, 2000, be declared as Police Week. 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. s City Council Agenda Item No. 8g • • MEMORANDUM DATE: May 4, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Proclamation Declaring May 21 -27, 2000, Public Works Week in Brooklyn Center The week of May 15, 2000 is Public Works Week. This week is annually set aside to recognize the valuable contributions of those people who design, construct, and maintain our public infrastructure. The 43 full time and 25 seasonal employees of the Public Works Department are nominally divided into five divisions - Engineering, Street Maintenance, Parks Maintenance, Public Utilities, and the Central Garage - but all work together as a team across division lines to provide high- quality service for people who live, work, and visit Brooklyn Center. Many of their tasks are high - profile: plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment, designing improvement projects. However, on a daily basis, many tasks are completed that are almost unnoticeable except in their absence. Many people also do not realize that many of those efforts take place on overtime while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or utility employees to be called out to respond to a sewer backup. One utility employee who was on call remembers being called in to respond to a water main break just as she was serving Christmas dinner to her extended family. During Earle Brown Days, the Dudley, or other tournaments, park maintenance employees put in a full day's regular work, then work on those special events until the wee hours of the morning. Engineering technicians routinely work six days a week during the summer construction season. And street maintenance employees called in to plow or provide ice control routinely make their way to work over unplowed, unsalted streets. Our Public Works employees take great pride in their work. We will be celebrating Public Works Week by taking some of our construction equipment out to elementary schools for an equipment show and tell. We also will enjoy our annual Public Works Week Picnic. Attached for Council Consideration is a Proclamation Declaring May 21 -27, 2000, Public Works Week in Brooklyn Center. • II __ TI PROCLAMA ON DECLARING May 21 -27, 2000, PUBLIC WORKS WEEK IN BROOKLYN CENTER WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the uali and effectiveness of these facilities, as well as their planning, design, and q tY P g� n g construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of May 21 -27, 2000 as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Date Mayor Attest: City Clerk IP