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HomeMy WebLinkAbout1999 11-08 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION NOVEMBER 8, 1999 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions. 2. Discussion of Evaluation form 3. Mayor Kragness: information item regarding sanitary facilities at construction sites 4. City Representative on North Metro Convention & Visitors Bureau 5. Miscellaneous 6. Adjourn I City Brooklyn y f n Center y A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 4, 1999 Re: Evaluation Form Attached please find a draft form that combines parts of the long form and the short form. This item is on the Study Session Agenda for discussion. If this format or modifications to the format meet the Council's needs, I would prepare a summary from my perspective relating to that format on 1999 on Tuesday and distribute it to the Council, along with the final evaluation form. The evaluation discussion would then occur on November 16th based on the individual evaluations being discussed and combined into a general evaluation, following the format chosen, developed through Council discussion. 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 r CITY MANAGER EVALUATION FORM: 1999 1.City Council Goals for 1999 Responsibility: The City Manager should - implement those goals that can be accomplished through staff - provide support and information to facilitate City Council achievement its goals Goal 1. Support Brookdale redevelopment by: - use of tax increment assistance - review and evaluation of land use applications - prompt construction and plan review /inspection - monitoring developer performance - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: Goal 2. Continue and Improve Code Enforcement and Compliance activities by: - coordinated effort of police and community development departments - evaluation of additional approaches to improve compliance such as greater penalties and alternate approaches such as charging property owner for violation removal by City if fail to comply - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: Page #2 Goal 3. Increase proactivity towards fighting crime by: - increased visibility of police in neighborhoods - continue and expand on high participation rate in neighborhood watch groups - begin recruitment of park watch groups or extensions of neighborhood watch to include parks - 2 newsletter articles on neighborhood watch and encouraging active participation - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: Goal 4. Finish Fire and Police Building Construction - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: f Page #3 Goal 5. Evaluate housing programs and policies by: - Council decision on resource allocation - survey current practices in other cities on occupancy limits and coordinate that review with housing commission - continue ARM participation - Council decision on point of sale ordinance - review first time home buyer programs - review potential and actual offerings by Greater Metropolitan Minneapolis Housing Corporation - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: Goal 6. Plan for needed work at Community Center and City Hall by: - preparation of overview of options, mandatory Americans With Disabilities Act modifications and required repairs to walls, roofs, and heating, ventilation, air conditioning - solicitation of citizen input - development of plans with architect and construction manager - development of budget - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: Page #4 Goal 7. Create Neighborhood Traffic Safety Plan - enforcement of speed limits - define goals and attainable results - hire consultant to assist in development of Neighborhood Traffic Safety planning - coordinate with neighborhood watch groups - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: Goal 8. Continue and Improve long term financial planning - continue 5 year planning for utilities and capital improvements - continue /expand 5 year planning for other funds - review and develop contingency planning - Has the City Manager worked to implement and facilitate this adopted City Council goal? Generally Yes Partially No Comments: I Page #S Overall Evaluation of Work on City Council Goals - Overall, has the City Manager worked to implement and facilitate adopted City Council goals? Generally Yes Partially No Comments: 2. Administrative Support for City Council: Responsibility Maintain effective communication, both verbal and written with Council Maintains availability to Council, either personally or through designated subordinates Systematic reporting to Council of current matters involving City government Materials presented to Council are clear, concise and understandable - Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions as described above? Generally Yes Partially No Comments: Page #6 - Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal and procedural requirements? Generally Yes Partially No Comments: 3. Chief Administrative Officer duties: - Has the City Manager provided administrative oversight and direction in the following areas: - City Fiscal affairs (budget, expenditures) Plans and organizes preparation of an annual budget with documentation that conforms to the direction received from the City Council Supervises the utilization of human and fiscal resources within the budgetary plan Financial reporting is timely and understandable - City operations Services are delivered in a timely and effective manner (ie. snow plowing, police and fire response, park maintenance, recreation) Citizen issues are responded to appropriately and in timely fashion Issues affecting service delivery are anticipated and dealt with effectively - City projects - Annual street project is undertaken in organized and effective manner - City Enterprise operations - Water, sewer, and storm sewer funds are financially stable and services delivered in effective and efficient manner - Golf and Liquor funds are operated in a manner that results in meeting financial targets so that they are self - sufficient and meet Council goals for operation such as minimum of $75,000 transfer from Liquor Fund Page #7 - Earle Brown Heritage Center is operated as community asset, while meeting operational self - sufficiency from its own revenues Generally Yes Partially No Comments: 4. Intergovernmental Relations Has the City Manager: - been sufficiently active in participating in municipal organizations to which the City belongs - had a relationship with other cities that is beneficial to the City of Brooklyn Center - been effective in communicating or representing Council positions to other governmental bodies - worked cooperatively with other organizations where beneficial to the City of Brooklyn Center Generally Yes Partially No Comments: Page #8 5. OVERALL EVALUATION OF PERFORMANCE: Overall, City Manager's efforts to implement and facilitate 1999 Council goals has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's administrative support of City Council has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's discharge of administrative duties in fiscal affairs, operations, projects, and enterprises has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's efforts in intergovernmental matters has been: Excellent Good Satisfactory Poor Comments: EVA UATION FORM 1. City Counci goals: - Has the City Manager worked to implement and facilitate adopted City Council goals? Gen ally Yes Partially No Comments: 2. Administrative Support for Cit Council: - Has the City Manager pro 'ded the City Council with background and other information to allow the Council to make formed decisions? Generally Yes Partially No Comments: Has the City Manager assisted the City Coun it in clarifying complex issues and understanding administrative, legal and proced 1 requirements? Generally Yes Partial No Comments: 3. Chief Administrative Officer duties: - Has the City Manager provided_ administrative oversight and direc 'on in the following areas: - City Fiscal affairs (budget, expenditures) - City operations - City projects - City Enterprise operations Generally Yes Partially No Comments: 4. Community Issues - Has the City Manager worked effectively with other governmental bodies (legislature, school districts, etc.) and responded to citizen service needs? Generally Yes Partially No Comments: City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 4, 1999 G Re: City Representative on North Metro Convention & Visitors Bureau The City's appointment to the Board of Directors of the North Metro Convention & Visitors Bureau will expire and an appointment will need to be made soon. The current City representative is Dean Nyquist. Staff has discussed the advisability of considering appointing a City official or staff member to the Board. With the issues of allocation'of resources by the Convention & Visitors Bureau from the lodging taxes becoming more important, we feel that a direct presence on the Board from City government would be beneficial to advance Brooklyn Center issues. 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 MEMORANDUM TO: Brad Hoffman, Director of Community Development FROM: David Fisher, Building Official DATE: November 1, 1999 RE: Portable Sanitation - OSHA regulations are enforced by the State OSHA Inspector and the job superintendent. - The State of Minnesota has its own Plumbing Code & the City has adopted it. I could not find anything to do with portable sanitation restrooms in the State Plumbing Code. (The State has not adopted the 1997 IPQ - Portable sanitation restrooms are built to ANSIZ standards. - Eden Prairie has adopted their own Ordinance. Office the i n O face of e C ty Manager City of Brooklyn Center A great place to start. A great place to stay. Michael J. McCauley City Manager MEMORANDUM TO: Brad Hoffman, Director of Community Development Dave Fisher, Building Official FROM: Michael J. McCauley, City Manager DATE: October 26, 1999 SUBJECT: Portable Toilets Attached please find materials received from the Portable Sanitation Association. I'd appreciate your very brief review of the materials to advise with respect to what practices are followed in Brooklyn Center relative to requiring portable sanitation at construction sites. Thank you for your attention to this matter. I would appreciate a response by November 2. Attachment 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 of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members 1 strom, Lasman, Nelson and Peppe From: Michael I McCauley City Manager Date: October 22, 1999 Re: Portable Sanitation Association Attached please find materials that Mayor Kragness received and asked be copied for the Council to discuss at a future work session. 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 PORTABLE SANITATION ASSOCIATION INTERNATIONAL 7800 METRO PARKWAY, SUITE 104 BLOOMINGTON, MINNESOTA 55425 1- 800 - 822 -3020 • (612) 854 -8300 FAX: (612) 854-7560 • E -Mail: portsan@aol.com ~rE ANATIC N• September 28, 1999 Mayor Myrna Kragness Brooklyn Center City Hall 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 -2119 Dear Myrna Kragness, Since it's founding in 1971, the Portable Sanitation Association International (PSAI) and its members have worked diligently to improve not only the environment, but also the sanitary conditions and morale for those utilizing portable restroom facilities. . The enclosed materials are part of our effort to assist you in understanding the State and Federal laws you should be enforcing in your community. Our research shows that the major metropolitan area of Minneapolis and St. Paul has a well - established group of professionals in the portable restroom industry that can provide the required sanitary services. Nearly all segments of the construction industry have, over the past few years, improved the sanitary conditions for their workers by providing portable restroom facilities. The single exception is the home building industry. Thousands of homes are built each year with no sanitary facilities provided for the workers. This is not only illegal, it is also unhealthy for the workers and your residents. The State of Minnesota gives you the power to require restroom facilities on all construction sites. On August 5, 1992 the State adopted Federal OSHA Regulation Part 1926, which includes 1926.51 Sanitation (copy attached). The U.S. Department of Labor addresses the definition of "Mobile Crews" that many companies use as a reason to not provide portable restroom facilities (copy attached). We understand that State and Federal OSHA inspectors just cannot enforce all the regulations on construction sites. The PSAI asks that you act in the best interest of the residents and workers in your community by enforcing regulations on home builders and all other construction projects underway that are within your jurisdiction. Evidence attached shows that in 1998, of the 25,011 Single Family Housing permits issued in Minnesota, 19,961 permits were issued in the Minneapolis /St. Paul area. Our association can demonstrate that literally thousands of homes were built and continue to be built without any restroom facilities for the thousands of construction workers on them. This is not only a health issue, but also one of economics and dignity for the workers and the neighborhoods these homes are creating. Enclosed you will find: b Press release: Sanitation in the Workplace b Copy of Federal OSHA Regulation 1926.51 b Ruling on "Mobile Crews" as provided by the U.S. Department of Labor International Plumbing Code Commentary 1997 Copy of the ANSI Regulations b Eden Prairie Ordinance 494 b Order blank for a free rubber stamp you can use to stamp all approved home building plans and other building plans you review for approval b Sample Restroom Regulations We ask you to instruct your Building Inspectors to enforce these laws. If you need more information on what other cities do around the United States, please feel free to contact us. Sincerely, i liam . arroll Executive Director cc: All metro area Mayors, City Council, Health Officials, Building Inspectors Office of the Governor State Attorney General Minnesota Health Department Minnesota OSHA President of the Builders Association of Minnesota President of the Builders Association of the Twin Cities Television Channels 4, 5, 9,11 Radio Stations WCCO, KS95, KQRS Minneapolis Star Tribune St. Paul Pioneer Press Twin Cities Business Monthly PORTABLE SANITATION ASSOCIATION INTERNATIONAL 7800 METRO PARKWAY, SUITE 104 BLOOMINGTON, MINNESOTA 55425 1- 800 - 822 -3020 • (612) 854 -8300 ~T QANATIO ,,,P FAX: (612) 854 -7560 * E -Mail: portsan @aol.com PRESS RELEASE Sanitation in the Worknlace Thousands of construction workers in the single family homebuilding industry report to work each day to sites where the General Contractor (Homebuilder) does not provide restroom facilities. Federal OSHA regulations adopted by Minnesota in 1992 provide the power to all cities to require that homebuilders provide restroom facilities to their people and their subcontractors. Our campaign is to be sure that the cities in Minnesota are aware of the magnitude of the problems placed on: the workers in the homebuilding industry, the unsanitary conditions being created daily on home sites in their community, the economic burden on subcontractors left to leave the site (if they do) to use restroom facilities, the potential for indecent exposure incidents not to mention the lack of dignity that occurs when no restroom facilities are made available. If you work in an office building, just think of how you would feel if no facilities to go to the bathroom were made available to you! Census Bureau Statistics show that in 1998, 25,011 single family home building permits were authorized in Minnesota. 19,961 of these were in the major metropolitan area of Minneapolis - St. Paul. So far in 1999 12,432 permits were authorized in the metro area. The PSAI reports that of the thousands of homes under construction, only a few hundred are served by appropriate restroom facilities. There is an interesting sidelight to this story. 92% of 52 metro area communities polled have an ordinance that fines residents if they do not pick up the litter from their pets when deposited on public or private property. These cities have passed laws, ordered and installed signs in their parks. Yet thousands of homes are under construction across the metropolitan area that have no restroom facilities for the thousands of workers building them. Until now these cities may not have been aware of the Federal OSHA regulations that require restrooms on ALL construction sites. It's time to enforce these regulations. The PSAI has sent this packet of information informing the communities that they in fact have the power to require homebuilders and others who are not in compliance, to place portable restrooms on their sites. Every Mayor, City Council, Health Official, Building Inspector, the State OSHA office, the State Health Department, the Governor's office as well as various media have been sent copies of the laws and other information to help them improve the health, welfare, safety and dignity of workers in their community. U.S. Department of Labor Occupational Safety and Health Administration WT � tM fNT Washington, D.C. 20210 � s April 19 , 1993 Reply to the Attention of: � OE � ;� Mr. William F. Carroll Executive Director Portable Sanitation Association International 7800 Metro Parkway, Suite 104 Bloomington, Minnesota 55425 Dear Mr. Carroll: This is in response to your February 19 letter requesting an interpretation of the Occupational Safety and Health Admini$trat.i.on s anita. ..io n stan .dart addressing toilets at construction jobsites. 29 CFR 1926.51(c)(1) -(3) contains the minimum requirements for toilets at construction jobsites. As you are aware, 29 CFR 1926. (c)(4) makes the provisions of paragraph (c) inapplicable to mobile crews having transportation readily available to nearby toilet facilities. The determination of whether work crews are mobile is dependent upon factors such as worksite operations and circumstances. In general, "mobile crews" job functions require continual or frequent movement from jobsite to jobsite on a daily or hourly basis. Such is -not the normal situation for work crews involved in housing construction. 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(3) Job sites, not provided with a sanitary sewer, (2) Portable containers used to dispense drinking shall be provided with one of the following toilet water shall be capable of being tightly closed and facilities unless prohibited by local codes: equipped with a tap. Water shall not be dipped from containers. @ Privies (where their use will not contaminate ground or surface water); (3) Any container used to distribute drinking wafer shall be clearly marked as to the nature of its con- (ii) Chemical toilets; tents and not used for any other purpose. (in ) Recirculating toilets; (4) The common drinking cup is prohibited. (iv) Combustion toilets. (5) Where single serving cups (to be used but once) are supplied, both a sanitary container for the un- (4) The requirements of this paragraph (c) for used cups and a receptacle for disposing of the used sanitation facilities shall not apply to mobile crews cups shall be provided. having transportation readily available to nearby toilet facilities. (b) Nonpotable water (d) Food handling (1) Outlets for nonpotable water, such as water for industrial or firefighting purposes only, shall be All employees' food service facilities and opera - identified by signs meeting the requirements of tions shall meet the applicable laws, ordinances Subpart G of this part, to indicate clearly that the and regulations of the jurisdictions in which they water is unsafe and is not to be used for drinking, are located. washing or cooking purposes. (e) Temporary sleeping quarters (2) There shall be no cross - connection, open or potential, between a system furnishing potable water When temporary sleeping quarters are provided, and a system furnishing nonpotable water. they shall be heated, ventilated and sighted. (c) Toilets at construction jobsites (f) Washing facilities (1) Toilets shall be provided for employees accord - The employer shall provide adequate washing ing to the following table: facilities for employees engaged in the application of paints, coating, herbicides or insecticides, or in TABLE D -1 other operations where contaminants may be Number of employees Minimum number of facilities harmful to the employees. Such facilities shall be in near proximity to the worksite and shall be so 20 or less .................. 1. equipped as to enable employees to remove such �. 20 or more ................ 1 toilet seat and 1 urinal per substances. 40 workers. 200 or more .............. 1 toilet seat and 1 urinal per (g) [Revoked]. 50 workers. U.S. Department of Labor Occupational Safety and Health Administration QlI��ENr O, Washington, D.C. 20210 April 19 ; 19 9 3 Reply to the Attention of: ry�rES of Mr. William F. Carroll Executive Director Portable Sanitation Association International 7800 Metro Parkway, Suite 104 Bloomington, Minnesota 55425 Dear Mr. Carroll: This is in response to your February 19 letter requesting an interpretation of the Occupational Safety and Health Administration sanita t -ion standard addressing toilets at construction jobsites. 29 CFR 1926.51(c)(1) -(3) contains the minimum requirements for toilets at construction jobsites. As you are aware, 29 CFR 1926. (c) (4) makes the provisions of paragraph (c) inapplicable to mobile crews having transportation readily available to nearby toilet facilities. The determination of whether work crews are mobile is.dependent upon factors such as worksite operations and circumstances. In general, "mobile crews" job functions require continual or frequent movement from jobsite to jobsite on a daily or hourly basis. Such is. not the normal situation for work crews involved in housing construction. If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219 - 8136. Sincerely, ov u nh , P.E., Es . Director Office of Construction and Maritime Compliance Assistance Adopted Rules Rues as Adopted -� 5205.0010 ADOPTION OF FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS BY REFERENCE. [For text of subpart 1, see M.R.] Subp. 2. Part 1910. Part 1910: Occupational Safety and Health Standards as published in Volume 43, No. 206 of the Federal Register on October 24. 1978, and corrected in Volume 43, No. 216 on November 7, 1978, which incorporates changes, additions, deletions, and corrections made up to November 7, 1978; and subsequent changes made prior to May 5, 1992: [For text of items A to K, see M.R.] . L. Federal Register, Volume 54: [For text of subitems (1) to (18), see M.R.] (19) Federal Register, Vol. 54, No. 243, dated December 20, 1989: "Occupational Exposure to Asbestos, Tremolite. Anthophyllite, and Actinolite (1910.1001), Partial Response to Court Remand." _ M. Federal Register, Volume 55: [For text of subitems (1) to (18), see M. R. (19) Federal Register, Vol. 55, No. 237, dated December 10, 1990: "Occupational Exposure to Asbestos, Tremolite. Anthophyllite, and Actinolite (1910.1001); Extension of Partial Stay and Amendment of Final Rule." [For text of subitems (20) to (22), see M.R.] N. Federal Register, Volume 56: [For text of subitems (I) to (7), see M.R.J 0. Federal Register, Volume 57: (1) Federal Register. Vol. 57, No. 15, dated January 23, 1992: "Occupational Exposure to Formaldehyde; Extension of Administrative Stay." (2) Federal Register, Vol. 57, No. 36, dated February 24, 1992: "Process Safety Management of Highly Hazardous Chemicals; Explosives and Blasting Agents; Final Rule." (3) Federal Register, Vol. 57. No. 43, dated March 4, 1992: "Process Safety Management of Highly Hazardous Chemicals. Explosives and Blasting Agents; Corrections to Final Rule." (4) Federal Register, Vol. 57. No. 44, dated March 5, 1992: "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite: Extension of Partial Stay and Amendment of Final Rule.' (5) Federal Register, Vol. 57, No. 71, dated April 13, 1992: "Occupational Exposure to Bloodborne Pathogens; Approval of Information Collection Requirements." (6) Federal Register, Vol. 57, No. 87, dated May 5, 1992: "Occupational Exposure to Formaldehyde; Extension of Administrative Stay." [For text of subps 3 to 5, see M.R.] Subp. 6. Part 1926. Part 1926: Construction Safety and Health Regulations as published in Part VII, Volume 44, No. 29 of the Federal Register on February 9, 1979, which incorporates changes, additions, deletions, and corrections made up to October 17, 1978, and includes General Industry Occupational Safety and Health Standards (29 CFR Part 19 10) which have been identified as applicable to construction work: and subsequent changes made prior to December 1, 1991: [For text of items A to E, see M.R.] F Federal Register, Volume 55: [For text of subitems (1) to (4), see M.R.] (5) Federal Register, Vol. 55, No. 237, dated December 10, 1990: "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite (1926.58); Extension of Partial Stay and Amendment of Final Rule." KEY: PROPOSED RULES SECTION - Underlining indicates additions to existing rule language. Strike ems indicate deletions from existing rule language. If a proposed rule is totally new, it is designated "all new material." ADOPTED RULES SECTION - Underlining indicates additions to proposed rule language. 84*e eats indicate deletions from ,+ proposed rule language. PAGE 229 (CITE 17 S.R. 229) State Register, Monday 3 August 1992 �isaf1'c 1 311.1 —312.1 311.1 General. Toilet facilities shall be provided for construction First, the plumbing work can be visually inspected for workers and such facilities shall be maintained in a sanitary defects and code violations can be addressed. Second, condition. Construction worker toilet facilities of the nonsewer leaks and defects exposed during testing can easily be type shall conform to ANSI Z4.3. located and repaired or corrected. The sequence for ❖ Construction employees must have plumbing facilities inspection, testing and maintenance should be estab- available to them during the construction of a building. lished by the permit holder to prevent code violations These facilities may either be permanent or portable. and defects from going unnoticed, thus eliminating the Portable facilities are regulated by ANSI Z4.3, which potential for covering up nonconforming work. specifies the various construction requirements. Figure 311.1 has been provided to show the minimum number 312.1 Required tests. The permit holder shall make the applica- of fixtures required by ANSI Z4.3. ble tests prescribed in Sections 312.2 through 312.9 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment, material, NUMBER OF power and labor necessary for the inspection and test shall be EMPLOYEES MINIMUM NUMBER OF TOILET FACILITIES furnished by the permit holder and the permit holder shall be If serviced once per week' responsible for determining that the work will withstand the test 1-10 1 pressure prescribed in the following tests. All plumbing system 11-20 2 piping shall be tested with either water or air. After the plumbing 21-30 3 fixtures have been set and their traps filled with water, the entire 31-40 4 drainage system shall be submitted to final tests. The code official Over 40 1 additional facility for each 10 additional employees shall require the removal of any cleanouts if necessary to ascer- If serviced more than once per week' tain if the pressure has reached all parts of the system. 1 -15 1 16-35 2 ❖ This section lists the specific testing and inspection 36-55 3 required for plumbing systems. It also states that the 56-75 4 permit holder is responsible for performing this testing 76-95 5 and inspection, as well as for supplying all of the labor, Over 95 1 additional facility for each 20 additional employees power, material, equipment and apparatus necessary to conduct the tests. The code official observes the per- formance of the testing but never performs or directs the ''Servicing" refers to the emptying of waste and the cleaning of the toilet testing. The permit holder is also responsible for giving facility. A camp equipped with flush toilets shall meet the standard for 'minimum number of toilet facilities if serviced more than once per week." the code official reasonable advance notice of the in- spection. The permit holder is responsible for the costs Figure 311.1 associated with this work. MINIMUM NUMBER OF TOILET FACILITIES The permit holder is the person responsible for deter - (Source: ANSI Z 4.3 -95) mining that the plumbing system is capable of withstand- ing the test pressure prescribed in the sections for the specific test. Visual inspection is not all that is required SECTION 312 in the determination of a plumbing system's compliance TESTS AND INSPECTIONS with the code. This section establishes where and how testing is to be performed to disclose leaks and defects. Every plumbing system must be tested before it is ❖ This section states that testing and inspection is re- placed into service to determine that it is free from leaks quired on the plumbing systems and that the responsi- or other defects. Testing is required, to the extent prac- bility for this testing and inspection rests with the permit ticable, for portions of existing systems that have been holder. This testing verifies that the plumbing system repaired, altered or extended. This section states that complies with the code, and operates as intended. Al- the permit holder has the option of testing using either though visual inspection plays a vital part in determining water or air as the testing medium. the integrity of the plumbing system, it is impossible for This section also states that the entire system is to be the code official to identify all potential leaks and defects tested after the plumbing fixtures have been set and the without testing. Because there is no guarantee that a traps filled with water. Finally, to determine that the test plumbing system that passes visual inspection and test- is being properly performed on the entire system, the ing will continue to operate properly and remain free code official can require the removal of clean -out plugs from leaks and defects, plumbing systems must also be to determine that the test medium has reached every maintained in a safe and sanitary condition. portion of the plumbing system. While not specifically stated, the plumbing work While not specifically referenced in this section, Sec - should remain uncovered and unconcealed until it can tion 107 addresses other aspects of testing and inspec- be approved. This is for two very important reasons. tion related to plumbing systems. 76 -sm!J1 1997 INTERNATIONAL PLUMBING CODE COMMENTARY I ANSI Z4.3 -1995 - 2.8 urinal: A urinal is a toilet facility maintained within a toilet room for the sole purpose of urination. Table 1 Minimum number of toilet facilities 2.9 lavatory.: A lavatory is a basin or similar vessel used for washing hands, arms, face and head. Number of Minimum number employees of toilet f ili i s 2.10 grey water: Grey water is waste water from If serviced once per week' culinary activities, bathing and washing facilities and 1 -10 1 clothes washing facilities. 11.20 2 21 -30 3 2.11 seepage pit: A seepage pit is a subsurface Over 40 1 additional facility for each leaching pit for grey water. 10 additional employees 2.12 number of employees: The term "number of If serviced more than employees" denotes the maximum number of em- once A4r week' 1 -15 1 ployees present at any one time on a regular shift. 16 -35 2 36 -55 3 2.13 permanent: The term "permanent" means not 56 -75 4 76 -95 5 readily or easily relocatable. Over 95 1 additional facility for each 20 additional employees 2.14 portable: The term "portable" means readily or easily relocatable. *"Servicing* refers to the emptying of waste and the cleaning of the toilet facility. A camp equipped with flush toilets shall meet the standard for `minimum number of 3 General requirements for toilet toilet facilities if serviced more than once per week ". facilities and toilet rooms Where the number of employees at a place of em- 3.1 Toilet facilities shall be installed, maintained and ployment fluctuates widely, the number of toilet facili- operated in a manner that will not endangerthe health ties required shall be determined by the maximum or safety of employees. number of employees present on a regular shift. 3.2 Toilet facilities, in toilet rooms separate for each 3.4 It shall be the responsibility of the employer to sex, shall be provided in all places of employment insure that all toilet rooms and facilities are main - whether indoors, outdoors or underground, except tained in a clean and sanitary condition. If toilet that where toilet rooms will be occupied by no more facilities are of the type that require periodic servicing, than one person at a time, can be latched from the it shall be the responsibility of the employerto provide inside and contain at least one stool, separate toilet sufficient toilet facilities and servicing to prevent the rooms for each sex need not be provided (See 3.6). stated capacity of those facilities from being ex- ceeded; the employer shall also assure ready access 3.3 The number of facilities to be provided for each to the toilet facilities by the required servicing equip - sex shall be based upon the number of employees of ment. that sex for whom the facilities are furnished and shall be in accordance with Table 1. Where single -occu- 3.5 Toilet rooms shall be located so as to be readily pancy toilet rooms have more than one toilet facility, accessible to the employees for whom they are fur - only one such facility in each toilet room shall be nished (See 3.6). counted for the purpose of Table 1. 3.6 The requirements of 3.2 and 3.5 do not apply to Where employees of more than one employer are mobile crews or to normally unattended work loca- present at a place of employment (such as, but not tions so long as employees working at these locations necessarily limited to, construction sites with employ- have transportation immediately available to toilet ees of several subcontractors), it shall be the respon- facilities that meet the other requirements of Section sibility of each employer to provide toilet facilities 3. The determination of whether work crews are sufficient for the total number of his own employees. mobile is dependent upon factors such as worksite 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA 4 ORDINANCE NO. 1 i8 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADOPTING A NEW SECTION 9.13, A PROVISION REQUIRING TOILET FACILITIES AT CONSTRUCTION SITES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by adopting Section 9.13 as follows: SECTION 9.13. TEMPORARY TOILET FACILITIES Subd. 1. Purpose. The City Council is empowered by law to provide for and regulate the disposal of sewage and to provide for the promotion of health, safety, order, convenience and the general welfare of its citizens. The purpose of this ordinance is to provide for the disposal of sewage from construction sites and to promote the health, safety and general welfare of the public as the same relates to the disposal of sewage from such sites. Subd. 2. Toilet Facilities Required. No person shall commence or proceed with the erection, construction, alteration, repair, raising, adding to, removal or demolition of any building or structure, unless adequate, suitable, sanitary toilet facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. Such toilet facilities shall be located upon or within a reasonable distance of the lot, premises, or site upon which such work is being done. In no case shall the line of travel to any toilet facility exceed 500 feet. If such person proposes to use toilet facilities located on the premises in compliance with Section 9.03 of the City Code, the owner of the premises shall consent thereto in writing and such sanitary facilities shall thereafter be considered under the control of such person for purposes of this subdivision. Subd. 3. Toilet Standards. The sewage disposal method shall not endanger the public health or safety. Each toilet shall be of a water flush type and connected to a public sewer or a portable chemical type with a capacity of not less than 50 gallons. Containers of chemical type toilets shall be non - absorptive, non - corrosive materials. Containers shall be completely emptied, thoroughly cleaned and disinfected at least once weekly. The following specifications apply to all temporary toilets: A. Toilets shall be maintained in a clean, sanitary and functional condition; B. Each unit shall be properly cleaned on a routine basis; 1 C. Chemicals, toilet tissue and sanitary seat covers shall be maintained in a supply sufficient for use during an entire day; D. Any defective or inadequate unit shall be immediately removed from service; E. Toilet room shall be ventilated to the outs=de and adequately lighted; F. Toilets shall be serviced on a regular schedule. Servicing shall include use of a disinfectant for cleaning urinals and seats, ' removing waste from containers, recharging containers with an odor controlling chemical and installing an adequate supply of toilet tissue and seat covers; G. Waste shall be disposed of or discharged through the sanitary sewer systems in accordance with applicable regulations, H. Waste containers shall be fabricated from impervious material. Containers shall be water tight and capable of containing the chemical waste in a sanitary manner. Removal of waste shall be handled in a clean and sanitary manner by means of vacuum hose and received by a leak proof tank truck. All valves on the tank shall be leak proof. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of May , 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the / day of .Tone 1994. ATTEST: / r City erk Mayor PUBLISHED in the Eden Prairie News on the Bao day of 1994. rfr\cp\porftodwmerA 2 Summary Publication CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1 8 - 9 4 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADOPTING A NEW SECTION 9.13, A PROVISION REQUIRING TOILET FACILITIES AT CONSTRUCTION SITES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summarv: For public health purposes, this ordinance requires that sanitary toilet facilities be provided or available within 500 feet at all building construction sites. Portable facilities must be provided unless the owner of the premises gives written consent to use existing toilets. Violation is a misdemeanor. Effective Date,: This ordinance shall become effective upon passage and publication. Adopted Juue �'¢ , 1994 Attest: /s/ John D. Frane. Citv Clerk /s/ Doualas B. Tennas. Mavor Published in the Eden Prairie News on .114Z Z3 , 1994. (A full copy of this ordinance is available from the City Clerk.) RUBBER STAMP ORDER FORM MAIL OR FAX Date: From: Subject: Rubber Stamp Request Quantity: First Stamper @ No Charge _ Additional @ $15.00 each Sample Stamp Text: PORTABLE RESTROOMS ARE REQUIRED ON ALL CONSTRUCTION JOB SITES IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS Send To: Portable Sanitation Association International 7800 Metro Parkway, Suite 104 Bloomington, MN 55425 Phone: 612-854-8300 Fax: 612-854-7560 800 -822 -3020 SAMPLE PORTABLE RESTROOM REGULATION ENFORCEMENT STATE OF WASHINGTON (SAFETY STANDARDS FOR CONSTRUCTION WORK - WAC 296 -155) • Contact Donna Blosl, Washington State Department of Labor & Industries 1- 800 -423 -7233. • Random inspections are conducted by the Division of Industrial Safety & Labor. • Inspectors may issue a citation for non - compliance ranging from a fine to a stop work order. STATE OF FLORIDA (CHAPTER 10D -6, FLORIDA ADMINISTRATIVE CODE, STANDARDS FOR ONSITE SEWAGE DISPOSAL SYSTEMS) • Contact Gary Snyder, Florida Environmental Health (904) 487 -0004. • Spot inspections and complaint response conducted by County Health Officers. • At the present time Inspectors can only site violators with causing an unsanitary nuisance. • Effective Oct. 1, 1993, Inspectors will have the authority to issue citations and fines. CITY OF LOS ANGELES (BUILDING CODE SEC. 9L.4406 TOILET FACILITIES DURING CONSTRUCTION) • Contact Lee Melvoli, City of LA Building Inspector (213) 485 -2365. • The requirement for toilet facilities is checked on the initial inspection of the job site. • If toilets are not provided, the Inspector issues a notice to comply. • If on the follow -up inspection toilets are not provided, then the Inspector can issue a stop work order. CITY OF HOUSTON (BUILDING CODE SECTION 5717 PORTABLE SANITATION REQUIREMENTS) • Contact Frank Gajewsky, Houston Department of Public Works (713) 754 -0397. • Requirement for portable restrooms are stamped on construction plans. • Building inspectors insure that the requirements of Section 5717 of the building code are being met upon inspection of work site. • Inspectors may issue citations for fines or a stop work order. i Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. Michael J. McCauley City Manager MEMORANDUM TO: Brad Hoffman, Director of Communi ev opment Dave Fisher, Building Official FROM: Michael J. McCauley, City Manager DATE: October 26, 1999 SUBJECT: Portable Toilets Attached please find materials received from the Portable Sanitation Association. I'd appreciate your very brief review of the materials to advise with respect to what practices are followed in Brooklyn Center relative to requiring portable sanitation at construction sites. Thank you for your attention to this matter. I would appreciate a response by November 2. Attachment 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 of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members if trom, Lasman, Nelson and Peppe From: Michael I McCauley City Manager Date: October 22, 1999 Re: Portable Sanitation Association Attached please find materials that Mayor Kragness received and asked be copied for the Council to discuss at a future work session. 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 OF- " PORTABLE SANITATION ASSOCIATION INTERNATIONAL 7800 METRO PARKWAY, SUITE 104 QD BLOOMINGTON, MINNESOTA 55425 ~r 1- 800 - 822 -3020 • (612) 854 -8300 FAX: (612) 854-7560 E -Mail: portsanCaol.com �ANaT1 4 September 28, 1999 Mayor Myrna Kragness Brooklyn Center City Hall 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 -2119 Dear Myrna Kragness, Since it's founding in 1971, the Portable Sanitation Association International (PSAI) and its members have worked diligently to improve not only the environment, but also the sanitary conditions and morale for those utilizing portable restroom facilities. The enclosed materials are part of our effort to assist you in understanding the State and Federal laws you should be enforcing in your community. Our research shows that the major metropolitan area of Minneapolis and St. Paul has a well - established group of professionals in the portable restroom industry that can provide the required sanitary services. Nearly all segments of the construction industry have, over the past few years, improved the sanitary conditions for their workers by providing portable restroom facilities. The single exception is the home building industry. Thousands of homes are built each year with no sanitary facilities provided for the workers. This is not only illegal, it is also unhealthy for the workers and your residents. The State of Minnesota gives you the power to require restroom facilities on all construction sites. On August 5, 1992 the State adopted Federal OSHA Regulation Part 1926, which includes 1926.51 Sanitation (copy attached). The U.S. Department of Labor addresses the definition of "Mobile Crews" that many companies use as a reason to not provide portable restroom facilities (copy attached). We understand that State and Federal OSHA inspectors just cannot enforce all the regulations on construction sites. The PSAI asks that you act in the best interest of the residents and workers in your community by enforcing regulations on home builders and all other construction projects underway that are within your jurisdiction. Evidence attached shows that in 1998, of the 25,011 Single Family Housing permits issued in Minnesota, 19,961 permits were issued in the Minneapolis /St. Paul area. Our association can demonstrate that literally thousands of homes were built and continue to be built without any restroom facilities for the thousands of construction workers on them. This is not only a health issue, but also one of economics and dignity for the workers and the neighborhoods these homes are creating. Enclosed you will find: b Press release: Sanitation in the Workplace b Copy of Federal OSHA Regulation 1926.51 b Ruling on "Mobile Crews" as provided by the U.S. Department of Labor b International Plumbing Code Commentary 1997 b Copy of the ANSI Regulations b Eden Prairie Ordinance 994 b Order blank for a free rubber stamp you can use to stamp all approved home building plans and other building plans you review for approval b Sample Restroom Regulations We ask you to instruct your Building Inspectors to enforce these laws. If you need more information on what other cities do around the United States, please feel free to contact us. Sincerely, i ham 6arroli Executive Director cc: All metro area Mayors, City Council, Health Officials, Building Inspectors Office of the Governor State Attorney General Minnesota Health Department Minnesota OSHA President of the Builders Association of Minnesota President of the Builders Association of the Twin Cities Television Channels 4, 5, 9,11 Radio Stations WCCO, KS95, KQRS Minneapolis Star Tribune St. Paul Pioneer Press Twin Cities Business Monthly 0v`•PNRAn�•1 PORTABLE SANITATION ASSOCIATION INTERNATIONAL P 7800 METRO PARKWAY, SUITE 104 BLOOMINGTON, MINNESOTA 55425 1 -800- 822 -3020 * (612) 854 -8300 ~TE4 FAX: (612) 854 -7560 • E -Mail: portsan @aol.com PRESS RELEASE, Sanitation in the Workplace Thousands of construction workers in the single family homebuilding industry report to work each day to sites where the General Contractor (Homebuilder) does not provide restroom facilities. Federal OSHA regulations adopted b Minnesota in 1992 provide the power to p y p p all cities to require that homebuilders provide restroom facilities to their people and their subcontractors. Our campaign is to be sure that the cities in Minnesota are aware of the magnitude of the problems placed on: the workers in the homebuilding industry, the unsanitary conditions being created daily on home sites in their community, the economic burden on subcontractors left to leave the site (if they do) to use restroom facilities, the potential for indecent exposure incidents not to mention the lack of dignity that occurs when no restroom facilities are made available. If you work in an office building, just think of how you would feel if no facilities to go to the bathroom were made available to you! Census Bureau Statistics show that in 1998, 25,011 single family home building permits were authorized in Minnesota. 19,961 of these were in the major metropolitan area of Minneapolis - St. Paul. So far in 1999 12,432 permits were authorized in the metro area. The PSAI reports that of the thousands of homes under construction, only a few hundred are served by appropriate restroom facilities. There is an interesting sidelight to this story. 92% of 52 metro area communities polled have an ordinance that fines residents if they do not pick up the litter from their pets when deposited on public or private property. These cities have passed laws, ordered and installed signs in their parks. Yet thousands of homes are under construction across the metropolitan area that have no restroom facilities for the thousands of workers building them. Until now these cities may not have been aware of the Federal OSHA regulations that require restrooms on ALL construction sites. It's time to enforce these regulations. The PSAI has sent this packet of information informing the communities that they in fact have the power to require homebuilders and others who are not in compliance, to place portable restrooms on their sites. Every Mayor, City Council, Health Official, Building Inspector, the State OSHA office, the State Health Department, the Governor's office as well as various media have been sent copies of the laws and other information to help them improve the health, welfare, safety and dignity of workers in their community. OSHA Regulation: ..... ..... ...... ...... .. . ............... -I...l.*....".*.*.,..,.**."-.....*.."-*.*-'.-..'....' ..'....---'.'..-'.--.'...*..*'.-*...-.'...*.'.......-...-.....'.l.l.-I.".'....*.**.*......*...'*....--..'.,.'..,* ... ....... . ..... . ....... .... ......... (a) Potable water (2) Under temporary field conditions, provisions shall be made to assure not less than one toilet (1) An adequate supply of potable water shall be facility is available. provided in all places of employment. (3) Job sites, not provided with a sanitary sewer, (2) Portable containers used to dispense drinking shall be provided with one of the following toilet water shall be capable of being tightly closed and facilities unless prohibited by local codes: equipped with a tap. Water shall not be dipped from containers. @ Privies (where their use will not contaminate ground or surface water); (3) Any container used to distribute drinking water shall be clearly marked as to the nature of its con- (ii) Chemical toilets; tents and not used for any other purpose. (iii) Recirculating toilets; (4) The common drinking cup is prohibited. (iv) Combustion toilets. (5) Where single serving cups (to be used but once) are supplied, both a sanitary container for the un- (4) The requirements of this paragraph (c) for used cups and a receptacle for disposing of the used sanitation facilities shall not apply to mobile crews cups shall be provided. having transportation readily available to nearby toilet facilities. (b) Nonpotable water (d) Food handling (1) Outlets for nonpotable water, such as water for industrial or firefighting purposes only, shall be All employees' food service facilities and opera- identified by signs meeting the requirements of tions shall meet the applicable laws, ordinances Subpart G of this part, to indicate clearly that the and regulations of the jurisdictions in which they water is unsafe and is not to be used for drinking, are located. washing or cooking purposes. (e) Temporary sleeping quarters (2) There shall be no cross-connection, open or potential, between a system furnishing potable water When temporary sleeping quarters are provided, and a system furnishing nonpotable water. they shall be heated, ventilated and righted. (c) Toilets at construction jobsites M Washing facilities (1) Toilets shall be provided for employees accord- The employer shall provide adequate washing ing to the following table: facilities for employees engaged in the application of paints, coating, herbicides or insecticides, or in TABLE D-1 other operations where contaminants may be harmful to the employees. Such facilities shall be Number of employees Minimum number of facilities in near proximity to the worksfte and shall be so 20 or less .................. 1. equipped as to enable employees to remove such 20 or more ................ 1 toilet seat and 1 urinal per substances. 40 workers. 200 or more .............. 1 toilet seat and 1 urinal per (9) [Revoked]. 50 workers. U.S. Department of Labor Occupational Safety and Health Administration Q!*�&tNT OF : Washington, D.C. 20210 April 19 ; 19 9 3 Reply to the Attention of: • fO JrATEs Mr. William F. Carroll Executive Director Portable Sanitation Association International 7800 Metro Parkway, Suite 104 Bloomington, Minnesota 55425 Dear Mr. Carroll: This is in response -to your February 19 letter requesting an interpretation of the Occupational Safety and Health A- 1 Lilst ration sanitation standard addressing toilets at construction jobsites. 29 CFR 1926.51(c)(1) -(3) contains the minimum requirements for toilets at construction jobsites. As you are aware, 29 CFR 1926. (c)(4) makes the provisions of paragraph (c) inapplicable to mobile crews having transportation readily available to nearby toilet facilities. The determination of whether work crews are mobile is.dependent upon factors such as worksite operations and circumstances. In general, "mobile crews" job functions require continual or frequent movement from jobsite to jobsite on a daily or hourly basis. Such is. not the normal situation for work crews involved in housing construction. If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219 -8136. Sincerely, 0 V Director Office of Construction and Maritime Compliance Assistance Adopted Rules Rules as Adopted --� 5205.0010 ADOPTION OF FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS BY REFERENCE. [For text of subpart 1, see M.R.] Subp. 2. Part 1910. Part 1910: Occupational Safety and Health Standards as published in Volume 43, No. 206 of the Federal Register on October 24. 1978, and corrected in Volume 43, No. 216 on November 7, 1978, which incorporates changes, additions, deletions, and corrections made up to November 7, 1978; and subsequent changes made prior to May 5, 1992: [For text of items A to K, see M.R.] L. Federal Register, Volume 54: [For text of subitems (1) to (18), see M.R.] (19) Federal Register, Vol. 54, No. 243, dated December 20, 1989: "Occupational Exposure to Asbestos, Tremolite. Anthophyllite, and Actinolite (1910.1001); Partial Response to Court Remand." M. Federal Register, Volume 55: [For text of subitems (1) to (18), see M.R.] (19) Federal Register, Vol. 55, No. 237, dated December 10, 1990: "Occupational Exposure to Asbestos, Tremolite. Anthophyllite, and Actinolite (1910.1001); Extension of Partial Stay and Amendment of Final Rule." [For text of subitems (20) to (22), see M.R.] N. Federal Register. Volume 56: [For text of subitems (1) to (7), see M.R.] O. Federal Register, Volume 57: (1) Federal Register. Vol. 57, No. 15, dated January 23, 1992: "Occupational Exposure to Formaldehyde; Extension of Administrative Stay." (2) Federal Register, Vol. 57, No. 36, dated February 24, 1992: "Process Safety Management of Highly Hazardous Chemicals; Explosives and Blasting Agents; Final Rule." (3) Federal Register, Vol. 57, No. 43, dated March 4, 1992: "Process Safety Management of Highly Hazardous Chemicals. Explosives and Blasting Agents; Corrections to Final Rule." (4) Federal Register, Vol. 57. No. 44, dated March 5, 1992: "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite: Extension of Partial Stay and Amendment of Final Rule." (5) Federal Register, Vol. 57, No. 71, dated April 13, 1992: "Occupational Exposure to Bloodborne Pathogens; Approval of Information Collection Requirements." (6) Federal Register, Vol. 57, No. 87, dated May 5, 1992: "Occupational Exposure to Formaldehyde; Extension of Administrative Stay." [For text of subps 3 to 5, see M.R.] Subp. 6. Part 1926. Part 1926: Construction Safety and Health Regulations as published in Part VII, Volume 44, No. 29 of the Federal Register on February 9, 1979, which incorporates changes, additions, deletions, and corrections made up to October 17, 1978, and includes General Industry Occupational Safety and Health Standards (29 CFR Part 19 10) which have been identified as applicable to construction work: and subsequent changes made prior to December 1, 1991: [For text of items A to E. see M.R.] F. Federal Register, Volume 55: [For text of subitems (1) to (4), see M.R.] (5) Federal Register, Vol. 55, No. 237, dated December 10, 1990: "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite (1926.58); Extension of Partial Stay and Amendment of Final Rule." KEY: PROPOSED RULES SECTION -Underlinine indicates additions to existing rule language. Stpikeeets indicate deletions from existing rule language. If a proposed rule is totally new, it is designated "all new material." ADOPTED r RULES SECTION - Underlining, indicates additions to proposed rule language. &t4 eu% indicate deletions from propose rule language. (CITE 17 S.R. 229) / r Stafe Register, Monday 3 August 1992 PAGE 229 j r j 74 1 311.1 —312.1 311.1 General. Toilet facilities shallbe provided for construction First, the plumbing work can be visually inspected for workers and such facilities shall be maintained in a sanitary defects and code violations can be addressed. Second, condition. Construction worker toilet facilities of the nonsewer leaks and defects exposed during testing can easily be type shall conform to ANSI Z4.3. located and repaired or corrected. The sequence for ❖ Construction employees must have plumbing facilities Inspection, testing and maintenance should be estab- available to them during the construction of a building. lished by the permit holder to prevent code violations These facilities may either be permanent or portable. and defects from going unnoticed, thus eliminating the Portable facilities are regulated by ANSI Z4.3, which potential for covering up nonconforming work. specifies the various construction requirements. Figure 311.1 has been provided to show the minimum number 312.1 Required tests. The permit holder shall make the applica- of fixtures required by ANSI Z4.3. ble tests prescribed in Sections 312.2 through 312.9 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment, material, NUMBER OF power and labor necessary for the inspection and test shall be EMPLOYEES MINIMUM NUMBER OF TOILET FACILITIES furnished by the permit holder and the permit holder shall be If serviced once per week' responsible for determining that the work will withstand the test 1-10 1 pressure prescribed in the following tests. All plumbing system 11-20 2 piping shall be tested with either water or air. After the plumbing 21 3 fixtures have been set and their traps filled with water, the entire 31 4 drainage system shall be submitted to final tests. The code official Over 40 1 additional facility for each 10 additional employees shall require the removal of any cleanouts if necessary to ascer- If serviced more than once per week' tain if the pressure has reached all parts of the system. 1-15 1 16-35 2 :• This section lists the specific testing and inspection 36 -55 3 required for plumbing systems. It also states that the 56 -75 4 permit holder is responsible for performing this testing 76-95 5 and inspection, as well as for supplying all of the labor, Over 95 1 additional facility for each 20 additional employees power, material, equipment and apparatus necessary to conduct the tests. The code official observes the per- formance of the testing but never performs or directs the ''Servicing" refers to the emptying of waste and the cleaning of the toilet testing. The permit holder is also responsible for giving facility. A camp equipped with flush toilets shall meet the standard for 'minimum number of toilet facilities if serviced more than once per week. the code official reasonable advance notice of the in- spection. The permit holder is responsible for the costs Figure 311.1 associated with this work. MINIMUM NUMBER OF TOILET FACILITIES The permit holder is the person responsible for deter - (Source: ANSI Z 4.3 -95) mining that the plumbing system is capable of withstand- ing the test pressure prescribed in the sections for the specific test. Visual inspection is not all that is required SECTION 312 in the determination of a plumbing system's compliance TESTS AND INSPECTIONS with the code. This section establishes where and how testing is to be performed to disclose leaks and defects. Every plumbing system must be tested before it is ❖ This section states that testing and inspection is re- placed into service to determine that it is free from leaks quired on the plumbing systems and that the responsi- or other defects. Testing is required, to the extent prac- bility for this testing and inspection rests with the permit ticable, for portions of existing systems that have been holder. This testing verifies that the plumbing system repaired, altered or extended. This section states that complies with the code, and operates as intended. Al- the permit holder has the option of testing using either though visual inspection plays a vital part in determining water or air as the testing medium. the integrity of the plumbing system, it is impossible for This section also states that the entire system is to be the code official to identify all potential leaks and defects tested after the plumbing fixtures have been set and the without testing. Because there is no guarantee that a traps filled with water. Finally, to determine that the test plumbing system that passes visual inspection and test- is being properly performed on the entire system, the ing will continue to operate properly and remain free code official can require the removal of clean -out plugs from leaks and defects, plumbing systems must also be to determine that the test medium has reached every maintained in a safe and sanitary condition. portion of the plumbing system. While not specifically stated, the plumbing work While not specifically referenced in this section, Sec- should remain uncovered and unconcealed until it can tion 107 addresses other aspects of testing and inspec- be approved. This is for two very important reasons. tion related to plumbing systems. 76 �' 1997 INTERNATIONAL PLUMBING CODE COMMENTARY ANSI Z4.3 -1995 ° 2.8 urinal: A urinal is a toilet facility maintained within a toilet room for the sole u ose of urination. Table 1 P rP Minimum number of toilet facilities 2.9 lavatory.: A lavatory is a basin or similar vessel used for washing hands, arms, face and head. Number of Minimum number _ e nlovees of toilet f i1i ' s 2.10 grey water: Grey water is waste water from If serviced once ner week* culinary activities, bathing and washing facilities and 1 -10 1 clothes washing facilities. 11-20 2 21 -30 3 2.11 seepage pit: A seepage pit is a subsurface 31-40 4 Over 40 1 additional facility for each leaching pit for grey water. 10 additional employees 2.12 number of employees: The term "number of If serviced more than employees" denotes the maximum number of em- once oer week* 1 -15 1 ployees present at any one time on a regular shift. 16 -35 2 36 -55 3 2.13 permanent: The term "permanent" means not 56 -75 4 76 -95 5 readily or easily relocatable. Over 95 1 additional facility for each 20 additional employees 2.14 portable: The term "portable" means readily or easily relocatable. — Servicing" refers to the emptying of waste and the cleaning of the toilet facility. A camp equipped with flush toilets shall meet the standard for "minimum number of 3 General requirements for toilet toilet facilities if serviced more than once per week ". facilities and toilet rooms Where the number of employees at a place of em- 3.1 Toilet facilities shall be installed, maintained and ployment fluctuates widely, the number of toilet facili- operated in a manner that will not endangerthe health ties required shall be determined by the maximum or safety of employees. number of employees present on a regular shift. 3.2 Toilet facilities, in toilet rooms separate for each 3.4 It shall be the responsibility of the employer to sex, shall be provided in all places. of employment .• insure that all toilet rooms and facilities are main - whether indoors, outdoors or underground, except tained in a clean and sanitary condition. If toilet that where toilet rooms will be occupied by no more facilities are of the type that require periodic servicing, than one person at a time, can be latched from the it shall be the responsibility of the employerto provide inside and contain at least one stool, separate toilet sufficient toilet facilities and servicing to prevent the rooms for each sex need not be provided (See 3.6). stated capacity of those facilities from being ex- ceeded; the employer shall also assure ready access 3.3 The number of facilities to be provided for each to the toilet facilities by the required servicing equip- sex shall be based upon the number of employees of ment. that sex for whom the facilities are furnished and shall be in accordance with Table 1. Where single -occu- 3.5 Toilet rooms shall be located so as to be readily pancy toilet rooms have more than one toilet facility, accessible to the employees for whom they are fur - only one such facility in each toilet room shall be nished (See 3.6). counted for the purpose of Table 1. 3.6 The requirements of 3.2 and 3.5 do not apply to Where employees of more than one employer are mobile crews or to normally unattended work loca- present at a place of employment (such as, but not tions so long as employees working at these locations necessarily limited to, construction sites with employ- have transportation immediately available to toilet ees of several subcontractors), it shall be the respon- facilities that meet the other requirements of Section sibility of each employer to provide toilet facilities 3 The determination of whether work crews are sufficient for the total number of his own employees. mobile is dependent upon factors such as worksite 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY Ml 1NESOT4 ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADOPTING A NEW SECTION 9.13, A PROVISION REQUIRING TOILET FACILITIES AT CONSTRUCTION SITES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by adopting Section 9.13 as follows: SECTION 9.13. TEMPORARY TOILET FACILITIES Subd. 1. Purpose. The City Council is empowered by law to provide for and regulate the disposal of sewage and to provide for the promotion of health, safety, order, convenience and the general welfare of its citizens. The purpose of this ordinance is to provide for the disposal of sewage from construction sites and to promote the health, safety and general welfare of the public as the same relates to the disposal of sewage from such sites. Subd. 2. Toilet Facilities Required. No person shall commence or proceed with the erection, construction, alteration, repair, raising, adding to, removal or demolition of any building or structure, unless adequate, suitable, sanitary toilet facilities under the control of such person are provided for the use of any person employed or working upon such building or structure. Such toilet facilities shall be located upon or within a reasonable distance of the lot, premises, or site upon which such work is being done. In no case shall the line of travel to any toilet facility exceed 500 feet. If such person proposes to use toilet facilities located on the premises in compliance with Section 9.03 of the City Code, the owner of the premises shall .consent thereto in writing and such sanitary facilities shall thereafter be considered under the control of such person for purposes of this subdivision. Subd. 3. Toilet Standards. The sewage disposal method shall not endanger the public health or safety. Each toilet shall be of a water flush type and connected to a public sewer or a portable chemical type with a capacity of not less than 50 gallons. Containers of chemical type toilets shall be non - absorptive, non - corrosive materials. Containers shall be completely emptied, thoroughly cleaned and disinfected at least once weekly. The following specifications apply to all temporary toilets: A. Toilets shall be maintained in a clean, sanitary and functional condition; B. Each unit shall be properly cleaned on a routine basis; 1 C. Chemicals, toilet tissue and sanitary seat covers shall be maintained in a supply sufficient for use during an entire day; D. Any defective or inadequate unit shall be immediately removed from service; E. Toilet room shall be ventilated to the outs -de and adequately lighted; F. Toilets shall be serviced on a regular schedule. Servicing shall include use of a disinfectant for cleaning urinals and seats, removing waste from containers, recharging containers with an odor controlling chemical and installing an adequate supply .of toilet tissue and seat covers; G. Waste shall be disposed of or discharged through the sanitary sewer systems in accordance with applicable regulations; H. Waste containers shall be fabricated from impervious material. Containers shall be water tight and capable of containing the chemical waste in a sanitary manner. Removal of waste shall be handled in a clean and sanitary manner by means of vacuum hose and received by a leak proof tank truck. All valves on the tank shall be leak proof. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of Mao . 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the /4* day of 1994. ATTEST: City jerk Mayor Y C PUBLISHED in the Eden Prairie News on the Z3at day of 1994. rfilep\porftode=end 2 Summary Publication CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1 8 - 9 4 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADOPTING A NEW SECTION 9.13, A PROVISION REQUIRING TOILET FACILITIES AT CONSTRUCTION SITES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summarv: For public health purposes, this ordinance requires that sanitary toilet facilities be provided or available within 500 feet at all building construction sites. Portable facilities must be provided unless the owner of the premises gives written consent to use existing toilets. Violation is a misdemeanor. Effective Date: This ordinance shall become effective upon passage and publication. Adopted 5uUE 14 , 1994 Attest: /s1 John D. Fran@, Citv Clerk /s/ Doualas B. Tenpas, Mayor Published in the Eden Prairie News on ��uut Z , 1994. (A full copy of this ordinance is available from the City Clerk.) RUBBER STAMP ORDER FORM MAIL OR FAX. Date: From: Subject: Rubber Stamp Request Quantity: First Stamper @ No Charge _ Additional @ $15.00 each Sample StamD Text: PORTABLE RESTROOMS ARE REQUIRED ON ALL CONSTRUCTION JOB SITES IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS Send To: Portable Sanitation Association International 7800 Metro Parkway, Suite 104 Bloomington, MN 55425 Phone: 612-854-8300 Fax: 612 -854 -7560 800 -822 -3020 SAMPIX PORTABLE RESTROOM REGULATION ENFORCEMENT STATE OF WASHINGTON (SAFETY STANDARDS FOR CONSTRUCTION WORK - WAC 296 -155) • Contact Donna Blosl, Washington State Department of Labor & Industries 1- 800 -423 -7233. • Random inspections are conducted by the Division of Industrial Safety & Labor. • Inspectors may issue a citation for non - compliance ranging from a fine to a stop work order. STATE OF FLORIDA (CHAPTER 10D -6, FLORIDA ADMINISTRATIVE CODE, STANDARDS FOR ONSITE SEWAGE DISPOSAL SYSTEMS) • Contact Gary Snyder, Florida Environmental Health (904) 487 -0004. • Spot inspections and complaint response conducted by County Health Officers. • At the present time Inspectors can only site violators with causing an unsanitary nuisance. • Effective Oct. 1, 1993, Inspectors will have the authority to issue citations and fines. CITY OF LOS ANGELES (BUILDING CODE SEC. 9L.4406 TOILET FACILITIES DURING CONSTRUCTION) • Contact Lee Melvoli, City of LA Building Inspector (213) 485 -2365. • The requirement for toilet facilities is checked on the initial inspection of the job site. • If toilets are not provided, the Inspector issues a notice to comply. • If on the follow -up inspection toilets are not provided, then the Inspector can issue a stop work order. CITY OF HOUSTON (BUILDING CODE SECTION 5717 PORTABLE SANITATION REQUIREMENTS) • Contact Frank Gajewsky, Houston Department of Public Works (713) 754 -0397. • Requirement for portable restrooms are stamped on construction plans. • a Buildin inspectors insure that the requirements of Section 5717 of the building code are being met upon inspection o p p f work site. • Inspectors may issue citations for fines or a stop work order. FULTON COUNTY (ATLANTA), GEORGIA ( FULTON COUNTY CODE OF LAWS, TITLE 30 HEALTH & WELFARE, SEWAGE DISPOSAL) • Contact Barney Harmon, Fulton County Health Department (404) 730 -1331. • Random inspection of construction sites by county health officers. • Contractors receive a notice of non - compliance if found in violation upon first inspection by health officer and is given a period of time to comply. If continued violations are found on the second inspection of the job site, the contractor is given a citation to appear in court. STATE OF CALIFORNIA (CA HEALTH & SAFETY CODE SECTION 5416) • Contact each County's Health Department. For example, Bill Burkhart, San Diego County Health Department (619) 338 -2379. • County Health Inspectors only respond to complaints. • A notice of non - compliance is issued to the contractor and if they still don't comply, then a complaint is sent to the City of County attorney. GASTON COUNTY, NORTH CAROLINA (NC STATE BUILDING CODE, VOLUME II, PLUMBING, SECTION 429) • Contact Lloyd Marshall, Gaston County Building Inspections (704) 866 -3960. • The initial inspection of the ;ob site includes the requirement for sanitation facilities. • If sanitation facilities are not provided, then the electric power is restricted to the job site. • If the contractor provides his own electric power and still does not have portable sanitation facilities, then a stop work order is issued by the Building Inspector. THE SOUTH FLORIDA BUILDING CODE, DADE COUNTY (SECTION 4603.21 TEMPORARY TOILETS) • Contact Louis Manero, Plumbing Inspector, Dade County (305) 375 -2901. • The contractor is required to have a permit for temporary toilets. • Plumbing inspectors will inspect job sties to insure temporary toilets are provided. If toilets are not on the job site then all inspections will be held pending placement of temporary toilets on the job site. MEMORANDUM DATE: November 8, 1999 TO: Michael J. McCauley FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Preliminary and Final Plat - BROOKLYN CENTER POLICE STATION The final plat for the new police station has been prepared and submitted by the construction manager's surveyor. This plat is necessary to combine several parcels into a single parcel. This plat is recommended for both preliminary and final approval. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT -- BROOKLYN CENTER POLICE STATION WHEREAS, the Planning Commission on June 11, 1999 and the City Council on June 22, 1999 approved the Site and Building Plan and Special Use Permit for the new police station on Humboldt Avenue North; and WHEREAS, the property owner (the City of Brooklyn Center) has applied for Preliminary and Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of BROOKLYN CENTER POLICE STATION is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the city ordinances. 3. Any other conditions of Hennepin County as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM DATE: November 8, 1999 TO: Michael J. McCauley FROM: Scott Brink, City Engineer SUBJECT: Resolution Approving Preliminary and Final Plat - FIRE STATION WEST The final plat for the new police station has been prepared and submitted by the construction manager's surveyor. This plat is necessary to combine several parcels into a single parcel. This plat is recommended for both preliminary and final approval. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT -- FIRE STATION WEST WHEREAS, the Planning Commission on May 14, 1999 and the City Council on may 26, 1999 approved the Site and Building Plan and Special Use Permit for the reconstructed West Fire Station at 63rd and Brooklyn Boulevard; and WHEREAS, the property owner (the City of Brooklyn Center) has applied for Preliminary and Final Plat Approval as required.by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of FIRE STATION WEST is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the city ordinances. 3. Any other conditions of Hennepin County as required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ** REVISED ** CITY COUNCIL MEETING City of Brooklyn Center November 8, 1999 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 P .m. 3. Call to Order Regular Business Meeting 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. October 18, 1999 - General Work Session 2. October 25, 1999 - Study Session 3. October 25, 1999 - Regular Session b. Licenses Resolution Approving Issuance of an Off -Sale 3.2 Percent Malt Liquor License to Diamond Lake 1994 L.L.C., DBA/Cub Foods CITY COUNCIL AGENDA -2- November 8, 1999 C. Approval of Minnesota Lawful Gambling Applications 1. Application to Conduct Excluded Bingo Submitted by Willow Lane PTA for an Event to be Held November 19, 1999 2. Application for Exempt Permit to Conduct Bingo Submitted by Evergreen Park Elementary School for an Event to be Held January 21, 2000 d. Resolution Approving Preliminary and Final Plat - BROOKLYN CENTER POLICE STATION e. Resolution Approving Preliminary and Final Plat - FIRE STATION WEST 7a. Random Acts of Kindness 7b. Councilmember Nelson: Discussion Regarding Budget Reductions in Robbinsdale Area Schools 8. Public Hearing a. An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota State Building Code -This item was first read on October 11, 1998; published in the official newspaper on October 20, 1999; and is offered this evening for a second reading and public hearing. Resolution Amending the Schedule for Planning and Inspection Fees -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance and resolution. 9. Council Consideration Items a. Building Permits -Requested Council Action: - Council discuss. CITY COUNCIL AGENDA -3- November 8, 1999 b. Resolution Expressing Appreciation of the Gift of the Brooklyn Center Lions Club in Support of the Annual Halloween Party and Holly Sunday Activities -Requested Council Action: - Motion to adopt resolution. C. Resolution Authorizing the Conveyance of Property on Brooklyn Boulevard and on 69th Avenue to Hennepin County for Highway Easements Necessary to Construct Improvement Project No. 1999 -04, Brooklyn Boulevard, 65th Avenue to 71 st/Noble Avenues -Requested Council Action: - Motion to adopt resolution. d. Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in the Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs - Requested Council Action: - Motion to adopt resolution. e. Resolution Authorizing Partnership Agreement with United State Census - Requested Council Action: - Motion to adopt resolution. f. Resolution Establishing 2000 Street and Storm Drainage Special Assessment Rates - Requested Council Action: - Motion to adopt resolution. g. Resolution Authorizing Lease for Liquor Store at the Cub Foods Development Site - Requested Council Action: - Motion to adopt resolution. h. Resolution Setting Water Connection Fee for Joslyn Site Redevelopment - Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA 4- November 8,1999 i. Cancellation of Monday, November 15, 1999, Work Session, and Rescheduling to Tuesday, November 16, 1999 -Requested Council Action: - Motion to cancel Monday, November 15, work session, and reschedule to Tuesday, November 16, 1999. 10. Adjournment • 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 GENERAL WORK SESSION OCTOBER 18, 1999 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:04 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/HR Director Jane Chambers, Finance Director Charlie Hansen, Public Works Director Diane Spector, and Recording Secretary Maria Rosenbaum. WATER, SANITARY SEWER, AND STORM WATER UTILITY DRAFT 2000 BUDGETS AND RATES City Manager Michael McCauley discussed the overall proposed increase rate for annual utility bills for the average customer will be 1.8 percent or $6.70 annually, and the average senior customer increase will be 1.1 percent or $2.00 annually. Public Works Director Diane Spector advised that the annualized inflation rate is currently 2.3 percent and the most recent cost of living adjustment on Social Security was 1.3 percent. The Social Security COLA is based on the CPI -W which currently is 2.4 percent and means next year's COLA will likely be at least 2 percent. Ms. Spector discussed the proposed rate increases for water, sanitary sewer, storm drainage, and recycling. The water increase will be from $0.91 per 1,000 gallons to $0.94. Last year when setting the rates for 1999, it was projected that the water rate would have to increase to $0.93 in 2000. The additional increase is due to a closer estimate of capital improvement project costs. There will be no increase for sanitary sewer. The Metropolitan Council Environmental Services (MCES) initiated a cost savings program that has enabled the agency to lower the sewage treatment rates charged municipalities, reducing the City's cost and eliminating the need to raise the rates. 10/18/99 -1- DRAFT The storm drainage increase will be from $9.50 per quarter for a single family residence to $10.00, which is right on target. Recycling will have no increase and continue at $6.45 per quarter for a single family residence. Ms. Spector highlighted information in the materials to inform the Council the procedure used to set the 2000 budget and rates and shared some additional information relating to the public utilities rate study. The senior sanitary sewer revenue loss was a concern in the past by the City's auditor regarding the cost of the senior sanitary sewer rate. The auditor believed this reduced rate generates loss of revenue and that the loss should be calculated and shown as a cost to the utility. It was noted that there is no loss to the utility as a result of this reduced rate. Another addition to the public utilities rate study proposed is amending the charges for delinquent meter reading. The current rate is $2.00 for the first reading and second consecutive quarter a meter reading is either delinquent or is not provided. The third quarter charge is $5.00 and the fourth quarter is $10.00. After the four quarters of estimated readings, the resident is required to make an appointment to have the meter read by utility staff. Staff is recommending that the second consecutive quarter charge be increased to $4.00, and the third quarter charge be increased to $8.00 to provide more of a deterrent to those who habitually do not return their meter readings. Council discussed the delinquent meter reading further. Mr. McCauley informed the Council there will be a new policy establishing this amendment to be proposed to the Council in the near future. Council had no further questions on the public utilities rate study. YEAR 2000 CELEBRATION: CITY PARTICIPATION Mr. McCauley discussed the Year 2000 Celebration Committee had requested the City's participation in the next year's community celebration of the year 2000. An outline was drafted for the City's participation and included in the materials. As noted in the materials, the City is not proposing to undertake some activities that were suggested for consideration. The draft proposal would have the City coordinate may of the existing annual events with the Year 2000 Celebration. The City would coordinate publicity through the preparation and dissemination of news releases, the City Watch, cable television, and other routine outlets. There would be clerical support provided through copying and mailing with the costs of copies and mailing to be paid (except for the City sponsored events) by the Year 2000 Committee. The impact of the proposed City events, above the normal events, would be approximately $8,000. 10/18/99 -2- DRAFT Mr. McCauley suggested City participation in the celebration and that the City advance monies to the degree that the City budgeted for participation so that total expenditure by the City would not exceed the budgeted amount. Council discussed the City's participation and the monies involved. Mayor Kragness stated that she believes the City's participation would be acceptable. There was consensus of the Council to have Mr. McCauley propose participation in the Year 2000 Celebration in the budget for Council review. METROPOLITAN COUNCIL TRANSIT PROPOSAL FOR TRANSIT HUB ON XERXES Mr. McCauley discussed the proposed transit hub at Brookdale does not include bathrooms, architecture that would be compatible with Brookdale, a connection with Brookdale, or potentially address pedestrian safety. These are concerns about the proposed hub expressed by Mr. Schlesinger, as well as City staff. Mr. McCauley suggested scheduling a meeting with the Metropolitan Council, Metropolitan Council Representative Todd Paulson, Mr. Schlesinger, and City staff to discuss the concerns. Council discussed further options for a transit hub and the advantages and disvantages of having a transit hub. Mr. McCauley will schedule a meeting with the appropriate persons to discuss the concerns. 2000 CITY COUNCIL GOALS Mayor Kragness started the discussion of the 2000 City Council goals by asking Councilmember Nelson his reasoning for submitting his own draft of the City Council goals. Councilmember Nelson stated that he believed the goals and strategies were not complete and needed to be more thorough. Council discussed with Councilmember Nelson that they believed the time spent preparing these goals was well accomplished and that the goals prepared at the Council Retreat were in a proper form for adoption. Councilmember Nelson withdrew his submitted re -draft of goals. The City Council discussed the proposed resolution adopting the City Council goals that were formulated at the Council's September Retreat. With correction of a few typographical errors, the Council consensus was to proceed with consideration of the goals developed at the Council Retreat. 10/18/99 -3- DRAFT MISCELLANEOUS Mr. McCauley discussed the status of the police and fire buildings, and the civic center addition. Assistant City ManagerM Director Jane Chambers informed the Council that the contractor had been informed that they need to get the work done or City staff will seek other companies to complete the work. Mr. McCauley reported that he believes that the construction of the new civic center addition should be researched further and that the construction originally planned for 2000 take place in 2001. There are too many things to be worked out for later development (connection of the two buildings and design of exterior for future development) and if the City were to build the new addition in the spring of 2000, the plans would need to be completed now. More input from others needs to be solicited and space issues to be resolved. Mr. McCauley suggested having the utility work done, design options research, and space issues resolved in 2000, and construction of the new addition in 2001. Council discussed the advantages and disadvantages of waiting and the outcome of delaying the construction. The consensus was to wait on the construction of the new addition so that all questions can be answered. Councilmember Hilstrom reported that she had received two calls from different residents regarding p g g the law about carrying firearms. Mr. McCauley will check into this and report back to Councilmember Hilstrom. Councilmember Hilstrom informed the Council that a staff person had been requested to attend the Family Services Collaborative meetings. Mr. McCauley responded that he will check with CARS Director Jim Glasoe about a staff member attendance at the meetings. Councilmember Lasman shared with the Council a piece of information she found while doing some historical research. She asked about having the idea explored of having an insert, possibly with the water bills, with City information regarding the services provided and how the services are calculated. Councilmember Lasman reported that she received a call from a resident at Summerchase Apartments regarding keys needing to be turned over for the fire department. Councilmember Nelson reported that he received the same phone call. Mr. McCauley will follow -up on this and report back to the Council. 10/18/99 -4- DRAFT Mayor Kragness informed the Council that the Peacemakers of Brooklyn Center will be having a dinner on October 28, 1999, and she would like to have the Council attend. Councilmember Nelson asked for a comparison of crime statistics with National Counties to see where the City of Brooklyn Center is listed. Mr. McCauley said this could be done. Council discussed a recent property tax statement printed in the newspaper. ADJOURNMENT Councilmember Lasman made a motion to adjourn the meeting at 9:30 p.m., seconded by Councilmember Hilstrom. Motion passed unanimously. City Clerk Mayor • 10/18/99 -5- DRAFT e 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 OCTOBER 25, 1999 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 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present was City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, Public Works Director Diane Spector, and City Clerk Sharon Knutson. DISCUSSION OF AGENDA ITEMS AND QUESTIONS There was discussion regarding City Council Agenda Item No. 9a— Planning Commission Application No. 99009 submitted by Progressive Consulting Engineers, Inc. for a Planned Unit Development (PUD) amendment to construct a 122 -unit, three -story Motel 6. Council Members discussed several points which included: 1) the size of the directional sign; 2) whether other surrounding hospitality establishments have been surveyed and are supportive of Motel 6; 3) whether the Police Department has provided comments on this type of establishment as it relates to Police activity; and 4) the potential for more hotel /motel establishments in Brooklyn Center. Councilmember Hilstrom explained that in March 1998 she voted against the PUD for the development of the southeast quadrant of Xerxes Avenue North and Freeway Boulevard because the parcel was the largest remaining for development and she believed it was the wrong direction for the City to be headed for the entire parcel; however, the lot has since been divided and she will support the proposed development of the smaller parcel. Councilmember Nelson raised a question regarding the wording of City Council Agenda Item No. 10a— Proclamation Declaring November 21-28,1999, to be Bible Week. Mayor Kragness noted this proclamation has been adopted each year by the City Council and supported by the community. • 10/25/99 -1- DRAFT Councilmember Nelson requested to discuss City Council Agenda Item No. IOb— Resolution Adopting Goals for 2000. He discussed his new draft of the City Council goals for year 2000 and stated that he added some goals which he believed were important but were not included in the resolution. Mayor Kragness explained that this topic had already been reviewed and discussed at the October 18, 1999, City Council work session and that at the September 18, 1999, facilitated work session the City Council had established the goals for year 2000 which are measurable and obtainable. There was a lengthy discussion by Council Members regarding the City Council goals established for year 2000. Mr. McCauley said that the November 1, 1999, City Council work session will include discussion of the 2000 budget for liquor stores and the golf course; the Earle Brown Heritage Center will be scheduled for the November 15, 1999, City Council work session. Mr. McCauley said he would place Study Session Agenda Item Nos. 2, 3, and 4— Joslyn Water Hook Up Charges, AMM (Association of Metropolitan Municipalities) Legislative Policies, and Process and Timing of City Manager Evaluation —on the November 1, 1999, City Council work session agenda. MISCELLANEOUS Councilmember Nelson inquired about the five -year utility plan, and Public Works Director Diane Spector briefly outlined the plan. Mayor Kragness read a letter she received from Congressman Rod Grams expressing acknowledgment of the resolution of support by the City Council for continued funding of CDBG. There was a brief discussion regarding the Section 8 housing bonds issued for The Ponds. Mr. McCauley explained that Standard and Poors has put the bonds on a credit watch due to erratic debt service coverage figures. He indicated that the revenue bonds are under the City's name, but carry no obligation on the City's part. Councilmember Nelson referred to the materials received from Robbinsdale School District No. 281 regarding the proposed closing of Hosterman Middle School. He requested this item be placed on a City Council agenda for discussion. ADJOURNMENT The Council adjourned the study session at 6:57 p.m. City Clerk Mayor 10/25/99 -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 OCTOBER 25, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in study session at 6:00 p.m., and continued to the informal open forum. 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, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one appeared at the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Nelson to adjourn informal open forum at 6:57 p.m. passed unanimously. 2. INVOCATION A moment of silence was observed. 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, Planning and Zoning Specialist Ron Warren, City Attorney • Charlie LeFevere, and City Clerk Sharon Knutson. 10/25/99 -1- DRAFT 5. COUNCIL REPORT Councilmember Nelson reported on his attendance at the October 19, 1999, Housing Commission meeting. Councilmember Lasman reported that she attended the Park and Recreation Commission meeting on October 19, 1999. Mayor Kragness reported that she attended the October 22, 1999, Highway 100 Coalition meeting. 6. APPEARANCES RECOGNITION OF CH COM MEMBER EILEEN OSLUND. Charter Commission Chair Carl Wolter introduced Eileen Oslund and presented her with a desk set as a memento of her eight years of service on the Charter Commission, two of which she served as Chair. Mayor Kragness presented Eileen Oslund with a certificate of appreciation for her years of service on the Charter Commission. Ms. Oslund served on the Charter Commission from May 8, 1991, to May 8, 1999. PAT MILTON: YOUTH SUMMIT Pat Milton addressed the City Council to encourage participation in the upcoming Superintendents' , Summit on Asset Building for Youth to be held Saturday, November 6, 1999, from 8:30 a.m. to 12:00 p.m. at Brooklyn Center Community Center. Ms. Milton explained that this is a collaborative planning session led by the school districts of Brooklyn Center, Anoka- Hennepin, and Osseo to find ways that schools can help the communities and vice versa. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to approve the agenda and consent agenda passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to approve the minutes of the October 11, 1999, study session and the October 11, 1999, regular session passed unanimously. s 10/25/99 -2- DRAFT 7b. LICENSES A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to approve the following list of licenses passed unanimously. MECHANICAL SYSTEMS Nielsen's Equipment & Design, Inc. 6318 Lakeland Ave. N., Brooklyn Park Total Heating & Air Cond. Inc. 3307 Vera Cruz Ave. N., Crystal RENTAL Renewal: 4220 Lakeside Ave. N. Richard Arntson 7c. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14565 AND 14566 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 99 -157 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14565 AND 14566 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY ORDINANCES BY ADDING NEW SECTIONS 23 -2301 THROUGH 23 -2314 THERETO ESTABLISHING LICENSE REGULATIONS FOR TATTOO AND BODY PIERCING ESTABLISHMENTS RESOLUTION ESTABLISHING FEES FOR TATTOO AND BODY PIERCING ESTABLISHMENT LICENSES AND INVESTIGATIONS THEREOF City Manager Michael McCauley stated that the ordinance amendment adds a section regulating tattoo and body piercing establishments. The adoption of this ordinance would implement what the City Council has requested in order to be consistent with other City ordinances regulating similar type establishments with regard to location and distance from schools, churches, day care centers, etc. Mr. McCauley also indicated that a draft resolution had been prepared which establishes fees 10/25/99 -3- DRAFT for tattoo and body piercing establishments. The fees were based on a survey conducted of other cities which license tattoo and body piercing establishments. A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to open the Public Hearing passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to close the Public Hearing passed unanimously. ORDINANCE NO. 99-17 Councilmember Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY ORDINANCES BY ADDING NEW SECTIONS 23 -2301 THROUGH 23 -2314 THERETO ESTABLISHING LICENSE REGULATIONS FOR TATTOO AND BODY PIERCING ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -158 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING FEES FOR TATTOO AND BODY PIERCING ESTABLISHMENT LICENSES AND INVESTIGATIONS THEREOF The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 99009 SUBMITTED BY PROGRESSIVE CONSULTING ENGINEERS, INC. REQUEST FOR A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO CONSTRUCT A 122 UNIT, THREE STORY MOTEL 6 COMPLEX ON VACANT PROPERTY WEST OF THE EXTENDED STAY AMERICA SITE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 14,1999, MEETING. • 10/25/99 -4- DRAFT SOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99009 SUBMITTED ON BEHALF OF MOTEL 6 OPERATING LP Mr. McCauley introduced Planning Commission Application No. 99009 submitted by Progressive Consulting Engineers, Inc. requesting a Planned Unit Development (PUD) amendment to construct a 122 unit, three story Motel 6 complex on vacant property west of the Extended Stay America site. Mr. McCauley referred to a letter from John Connelly, Executive Director of North Metro Minneapolis Convention & Visitors Bureau, which was included in the Council materials. The letter indicates there appears to be a sufficient demand for the hospitality industry in the North Metro area to support additional hotel /motel development. Planning and Zoning Specialist Ron Warren gave an overview of Planning Commission Application No. 99009. He explained the site is located just west of Extended Stay America on the southerly portion of the vacant parcel. In March 1998, the City Council granted a rezoning of the area known as the Shingle Creek 5th Addition from I -1 to PUD /I -1 along with the first phase site and building plan approval for the Extended Stay America. Mr. Warren reviewed the requirements set forth b p pp Y q Y the Planning Commission regarding access /parking, grading /drainage /utilities, landscaping, building elevation, lighting /trash, and the variance for a directional sign. With regard to the requested variance for a directional sign, Mr. Warren noted that he is aware of three similar instances in which the Council has approved the variance: 1) General Cinema complex at the Perkins property; 2) Brookdale Ford at the Brookdale Square site; and 3) various businesses in the Industrial Park area located on Parkway Circle. Mr. Randy Lee, Director of Real Estate & Development for Motel 6 Operating LP, was present to answer questions raised by the Council. Councilmember Nelson inquired as to the height of the directional sign. Mr. Lee responded that the sign would be located just above the shrub level. Councilmember Hilstrom indicated that she had voted against the original plat in March 1998 because it was the last large remaining parcel of land left in Brooklyn Center and she believed it was the wrong direction for the City to be headed for the entire parcel. The parcel has since been divided and she will support the development because it is compatible with the previous development. She commended City staff for providing materials which demonstrate that the area will support the development. Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 99 -159 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99009 SUBMITTED ON BEHALF OF MOTEL 6 OPERATING LP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember S Lasman. Motion passed unanimously. 10/25/99 -5- DRAFT 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING NOVEMBER 21- 28,1999, TO BE BIBLE WEEK Mayor Kragness read the proclamation. A motion by Councilmember Lasman and seconded by Councilmember Peppe to adopt Proclamation Declaring November 21 -28, 1999, to be Bible Week passed unanimously. 10b. RESOLUTION ADOPTING GOALS FOR 2000 Mr. McCauley said the City Council met in a facilitated work session on September 18, 1999, to discuss and establish goals and objectives for year 2000. The goals set forth in the proposed resolution are the result of the discussions amongst the Council in the course of the facilitated work session. Councilmember Nelson stated that the goals established did not include some of the goals which he believes are important. Mayor Kragness explained that the Council worked hard at its facilitated work session to establish goals which are measurable and obtainable. She suggested that the next facilitated work session may address other issues which were not set out as goals for 2000. RESOLUTION NO. 99-160 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GOALS FOR 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. loc. RESOLUTION AUTHORIZING SUBMISSION OF A METROENVIRONMENT PARTNERSHIP GRANT APPLICATION FOR PROPOSED PALMER LAKE IMPROVEMENTS Mr. McCauley explained that a study of the Palmer Lake Basin had been completed and proposed projects have been developed which are intended to improve water quality, reduce sources of nonpoint pollution, and eliminate problems with trail settlement and trail flooding. The Metropolitan Council operates a grant program to improve water quality by helping fund nonpoint source pollution reduction projects, and the proposed Palmer Lake improvements fall into that category. The grant requires at least a 25 percent match from the City, and the match funds would come from the funds already budgeted for the Palmer Lake Basin improvement. S 10/25/99 -6- DRAFT RESOLUTION NO. 99-161 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF A METROENVIRONMENT PARTNERSHIP GRANT APPLICATION FOR PROPOSED PALMER LAKE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. The motion passed unanimously. 10d. 2000 PUBLIC UTILITIES RATE STUDY - Resolution Adopting the 2000 Water Utility Rate Schedule - Resolution Adopting the 2000 Sanitary Sewer Utility Rate Schedule - Resolution Adopting the 2000 Storm Drainage Utility Rate Schedule - Resolution Adopting the 2000 Recycling Rates - Resolution Adopting the 2000 Water and Sanitary Sewer Hookup Rates Mr. McCauley explained that the City annually reviews public utility rates to determine their adequacy in meeting financial goals and supporting operations and capital projects. The proposed resolutions adopt the public utility rates for 2000 based on the public utility rate study. • Public Works Director Diane Spector gave an overview of the proposed public utility rates for 2000. There is a slight increase in two of the funds for residential rates: Water —from $0.91 per 1,000 gallons to $0.94 per 1,000; Storm Drainage —from $9.50 per quarter to $10.00 per quarter. Sanitary Sewer and Recycling have no increases for 2000. Ms. Spector displayed a comparison of the public utility rates with other cities. Brooklyn Center water rates are one of the very lowest; sanitary sewer rates are in the middle range; storm drainage utility rates are one of the highest due to the City actively constructing substantial improvements. The overall increase for the average utility customer is 1.6% or $5.90 per year; 1.1% for the average senior utility customer. Ms. Spector displayed a comparison of water utility rates for the average residential utility customer and the average senior utility customer. Councilmember Hilstrom pointed out that the annual charge for water for the average residential utility customer for 1999 is approximately $118 compared to the annual water charge for the average senior which is $28. Ms. Spector explained that the average senior only consumes approximately 7,000 gallons per quarter. Ms. Spector reported that the 1999 Water Quality Report has been distributed to residents. The USEPA (United States Environmental Protection Agency) requires municipal water systems to report annually on the safety of the drinking water provided to their citizens. • 10/25/99 -7- DRAFT RESOLUTION NO. 99-162 • Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2000 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. The motion passed unanimously. RESOLUTION NO. 99-163 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2000 SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. The motion passed unanimously. RESOLUTION NO. 99 -164 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2000 STORM DRAINAGE UTILITY RATE SCHEDULE • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. The motion passed unanimously. RESOLUTION NO. 99 -165 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2000 RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. The motion passed unanimously. • 10/25/99 -8- DRAFT RESOLUTION NO. 99 -166 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2000 WATER AND SANITARY SEWER HOOKUP RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. The motion passed unanimously. 10e. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A Mr. McCauley explained that this resolution provides for the sale of General Obligation Bonds in the amount of $1,585,000. Consideration for the award of the Bonds will be by the City Council at its November 22, 1999, meeting. Mr. McCauley noted that the sale of Bonds will finance that portion of the cost of 1999 street reconstruction and storm sewer improvements which will be assessed. RESOLUTION NO. 99 -167 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 10f. RESOLUTION AMENDING THE 1999 PAY PLAN, AUTHORIZING PERSONNEL CHANGES IN POLICE DEPARTMENT Mr. McCauley discussed the purpose of the resolution is to replace a sworn sergeant position with a non -sworn supervisor in the Police Department. The duties which were performed by the sergeant position were civilian in nature and would best be served by a non -sworn position. This will reduce the total number of sergeants from seven to six for the remainder of 1999 and the budget for 2000 will reflect six sergeants. 10/25/99 -9- DRAFT RESOLUTION NO. 99 -168 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1999 PAY PLAN, AUTHORIZING PERSONNEL CHANGES IN POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 11. ADJOURNMENT A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to adjourn the meeting at 8:00 p.m. passed unanimously. City Clerk Mayor 10/25/99 -10- DRAFT City Council Agenda Item No. 6b i City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: November 3, 1999 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 November 8, 1999: MECHANICAL Osseo Stove & Feed, Inc. 115 Central Ave, Osseo Mechanical Solutions, Inc. 541 N Wheeler St, St. Paul NewMech Companies, Inc. 1633 Eustis Street, St. Paul RENTAL Renewal: 5448 Humboldt Ave N Lorri Kaas 5900 Camden Ave N Patti Zoerb 4702 68th Ave N Jeffrey & Nicole Garvey 4708 -12 Twin Lake Ave Byron & Nancy Mach 5337 -39 Queen Ave N Mike Haase Basswood Apartments Midwest Management (James Lupient) Initial: 857 70th Ave N Michelle Arechiga SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave NE, Minneapolis 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 APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO DIAMOND LAKE 1994 L.L.C., DBA/CUB FOODS WHEREAS, Diamond Lake 1994 L.L.C., dba/Cub Foods has applied for an Off Sale 3.2 Malt liquor license for its establishment located at 3245 County Road 10 within the City of Brooklyn Center; and WHEREAS, Diamond Lake 1994 L.L.C. is a corporation in good business standing; and WHEREAS, Diamond Lake 1994 L.L.C. has submitted all appropriate fees and necessary documentation for their liquor license and a thorough background investigation has been conducted by the Brooklyn Center Police Department regarding the corporate officers, store on -site managers, and the corporation itself and nothing was found in that investigation that would preclude the issuance of a liquor license to Diamond Lake 1994 L.L.C. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of an Off Sale Non - Intoxicating Malt Liquor License to Diamond Lake 1994 L.L.C. dba/Cub Foods is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the license period begins December 1, 1999, and ends December 31, 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. ��ppKIYN CEANT� BROOKLYN CENTER � POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer DATE: November 3, 1999 SUBJECT: New Liquor License /Off Sale Non - Intoxicating Malt Liquor Diamond Lake 1994 L.L.C., dbalCub Foods Diamond Lake 1994 L.L.C., dba/Cub Foods has applied for an Off Sale Non - Intoxicating Malt Liquor License. A thorough background investigation was completed on the Diamond Lake 1994 L.L.C., which is the license holder, and the on -site managers for the store. Nothing was found in the background investigation that would preclude Diamond Lake 1994 L.L.C., Inc. from being issued a liquor license. All appropriate fees have been submitted along with all required documentation. It is requested that the Brooklyn Center City Council approve an Off Sale Non - Intoxicating Malt Liquor License. • City Council Agenda Item No. 6c I � � CE1yT� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: October 26, 1999 SUBJECT: Application (Excluded Bingo) - Willow Lane PTA On October 26, 1999, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Willow Lane PTA. This application is for an ® event to be held on November 19, 1999 at the Willow Lane Elementary School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. This application has been approved and returned to the Willow Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh willow9.mem • Minnesota Lawful Gambling Application to Conduct Excluded Bingo - LG240B If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information FOR BOARD:USE.ONLY Org / ni atio / n Name �" Proof W / / � an e. i T S ❑ C lQ�v Street O [].;. N ❑ NA`; City County StatefZip Other Activity AID Type of nonprofit organization (check on ❑ Fraternal ❑ veteran ❑ Religious RL Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): ❑ Certificate of Good Standing - Minnesota Secretary of State's Office ❑ internal Revenue Service - ❑ Affiliate of Parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the cuX/- ear? No Yes If yes, list the dates that bingo was conducted -U i Check one: The bingo event will be one of four or fewer bingo ( ts ev your organization will hold this year. Date(s) of bingo event U) V % / `� -OR- The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo event State Fair - Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of the person in charge of the bingo event Daytime Phone Premises Where Excluded Bingo Will Be Conducted Name of Pre ises I s � /low (Ane, �(_&rtnta Street Addres 7 0 1444- A/ /� city F_ OR County ` Ci AND:'; Townshi p uy Be sure to complete page 2 Page 1 of 2 3/99 Page 2 of 2 Application to Conduct Excluded Bingo - LG240B 3/99 Organization Name W Lane, Chief Executive Officer's Signature The information provided in this appIratton is complete and accurate to the best of my knowledge. Chief Executive Officer's signature ()AZV 74&4Q�� Name (please print)--\)U ti e Date ddl Local Unit of Government Acknowledgment and Approval '61 e -- Ity must,slgri "I -t! f"Qh4t I I -, c On behalf of the city, I hereby approve this application Cew�-ere for excluded bingo activity at the premises located Print e of city within the city's jurisdiction. Signature of city personnel receiving application Title Date I 0 -the."count and1own p prpmllsies'ls located-.M4 township, both y shl :i"ust,sigp�.#tls-�#pvllcatlon For the townshim On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat sec. 349.213, subd. 2). Title Date For the countv: On behalf of the county, I hereby approve this application for excluded bingo activity at Print name of county the premises located within the county's jurisdiction. (Signature of county personnel receiving application) Title Date Mail Application and Attachment(s) Acknowledgmentof Gambling Control Board Send the completed application and a copy of your Your request to conduct excluded bingo has been received proof of nonprofit status at least 30 days prior to the and is acknowledged by the Gambling Control Board. activity date to: Acknowledged by: Gambling Control Board 1711 W. County Rd. B, Suite 300 South Date L_k/_ Roseville, IVIN 56113 Licensing Specialist If your application is denied by the local unit of authorization. When the Board issues your authorization, all of the government, do not send the application to the Gambling information that you have provided to the Board in the process Of Control Board. applying for your authorization will become public. If the Board does not issue you an authorization, all the information you have provided This form will be made available In alternative format (i.e. large print, in the process of applying for an authorization remains private, with Braille) upon request. The information requested on this form (and the exception of your name and your organization's name and address any attachments) will be used by the Gambling Control Board (Board) which will remain public. to determine your qualifications to be involved in lawful gambling Private data about you are available only to the following: Board activities in Minnesota. You have the right to refuse to supply the members, staff of the Board whose work assignment requires that information requested; however, if you refuse to supply this they have access to the information; the Minnesota Department of information, the Board may notbe able to determine your qualifications Public Safety; the Minnesota Attorney General; the Minnesota and, as a consequence, may refuse to issue you an authorization. If Commissioners of Administration, Finance, and Revenue; the you supply the information requested, the Board will be able to process Minnesota Legislative Auditor, national and international gambling your application. regulatory agencies; anyone pursuant to court order, other individuals Your name and your organization's name and address will be public and agencies that are specifically authorized by state or federal law information when received by the Board. All the other information that to have access to the information; individuals and agencies for which you provide will be private data about you until the Board issues your law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Application to Conduct Excluded Bingo - LG24013, Instructions 3/99 When May Excluded bingo (without a license) may be conducted: Excluded Bingo - by an organization that conducts four or fewer bingo occasions in a calendar year, or be Conducted? - in connection with a county fair, the state fair or a civic celebration if it is not conducted for more that 12 consecutive days in a calendar year. Completion of Complete the application, and attach proof of your organization's nonprofit status from either Application the IRS or the Minnesota Secretary of State. Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - Nonorofit Under a national organization Articles of Incomoration OR If your organization falls under a national Attach a copy of your organization's organization, attach both of the following: Certificate of Good Standing (317A) 1. a copy of the IRS letter showing that showing incorporation as a nonprofit your national organization has been a organization. registered nonprofit 501(c) organiza- This certificate can be obtained from the tion and carries a group ruling, and Minnesota Secretary of State: 2. a copy of the charter, or letter from your national organization, recognizing your Minnesota Secretary of State organization as a subordinate. Business Services Division 180 State Office Building Not under a national organization St. Paul, MN 55155 If your organization does not fall under a national organization, attach a copy of the Phone: 651 - 296 -2803 IRS income tax exemption [501(c)] letter in the name of your organization, showing income tax exempt status. • To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Phone: (513) 684 -3957 Sales ax exempt status or federal ID, employer: numbers are not proof. of income tax exemptstatus...:, Authorization to - Your application will be acknowledged by signature of the Gambling Control Board staff. Conduct Excluded Bingo - A signed copy will be returned to your organization as your authorization to conduct the activity. - You will not be issued a number for this application. Gambling activity conducted without written authorization from the Gambling Control Board will be referred to the Department of Public Safety, Alcohol & Gambling Enforcement Division. • Recordkeeping Your organization must keep your bingo records for 3 -1/2 years. Questions? Contact the Gambling Control Board at 651 - 639 -4000. �KLYN CEJyt BROOKLYN CENTER i M PA LICE POLICE DEPARTMENT MEMORANDUM i TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: November 3, 1999 SUBJECT: Application for Exempt Permit (Bingo) Evergreen Park Elementary PTO On November 3, 1999, the Brooklyn Center Police Department received an Application for Exempt Permit from Evergreen Park Elementary PTO. This application is for an event to be held at the Evergreen Park Elementary School, 7200 Dupont Avenue North, on Friday, January 21, 2000. This application has been approved and will be returned to the Evergreen Park Elementary representative after City h t p y Council review. The representative will forward it to e State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh • Page 1 of 2 For Board Use Only Minnesota Lawful Gambling 10/98 Fee Paid Application for Exempt Permit - LG220 Check No. • Initials Organization Information Received Organization name Previous lawful gambling exemption number Street City State /Zip Code County Name of chief a cutive officer (CEO) of organization Daytime phone number of First name Last name CEO: ) rj le 6 - 3 Name of teasurer of organization Daytime phone number of First name Last name treasurer. Z) 5(,&- Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran ( Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization d Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) F_ V.e_( -- ve.eve Kc lf. 'r 1 ieV1Ae.v1`I l AC0 5C kt)01 Address (do not use PO box) City t State/Zip Code County Date(s) of activity (f r raffles, indicate the date of the drawing) 24 ' . ,. 7_ ©©E) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: �] *Bingo ❑ Raffles ❑ *Paddlewheels ❑ *Pull -Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attomey General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; ® the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order, other individuals qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice given; and anyone with your consent. t. Page 2 of 2 Application for Exempt Permit - LG2 10/98 Organization Name E <c C f''t_-t'VA p4 T i Local Unit of Government Acknowledgment (Required by Statute) °1ffhe; ` "a inblri remises isviiittiii►° ci "` =limits >t6e -' `= if then: axiblirt ` Yem`ses" v�iaishi` 9 .. ..g:P. ... ,..,. x,: .g: Pa k , . ,.,... �.. c musts: n.th�s °a >, °. °. ;,, . ° =:r u : °.tl e'coari n l . shI# nustsr n this ai' ­ ­ '11116w on [�catson .ss,..�s' {.ms:: �.. a ..sa.sw..r.,a. _,n 's M:s.;. v,A.i�: i> v;.. _ ........ .w. On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2• Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class `cit-y). (Signature of county personnel receiving application) Print me of city: ��J I nDlit�l Title Date (Signatur o city personnel receiving application) On behalf of the township, I acknowledge that the Titled �{' organization is applying for exempted gambling activity within the township limits. Date__IL/ / 9 A township has no statutory authority to approve or deny • an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Officer's signature ''` -��.�� .f...� -.L•� f fly ..1, -- Name (please print) ka +h CY e vi _ ..n r AA 6 Q Date 10 / z-�7 I f Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South • Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. City Council Agenda Item No. 7a S 1999 Random Acts of Kindness Nominations: Jean Schiebel Volunteer in Brooklyn Center Community many years Gloria Bedbury Volunteer in START (Student and Tutor Are Reading Together) Program, Robbinsdale Area Schools Carol Weber Volunteer in Adult Academic Program Robbinsdale Area Schools Doris Patterson Volunteer in Title I reading program Robbinsdale Area Schools Norma Kinghorn Volunteer tutor in Robbinsdale Area Schools since 1989 Ray Zirkle Retired engineer devoting time to students Don Buckingham Former engineer, mentors students Len Lasman Helped a neighbor who had been locked out of her home Unknown Bus Driver Assisted bus rider who was waiting in the cold ® Brooklyn Center Firefighters For aide and assistance in house fire, thoughtfulness to Victims Doug Curtis Brooklyn Center Cares Project volunteer Gary Curtis Brooklyn Center Cares Project volunteer Nancy Curtis Brooklyn Center Cares Project volunteer Tessa Curtis Brooklyn Center Cares Project volunteer Gary Ellis Brooklyn Center Cares Project volunteer Daryl Hansen Brooklyn center Cares Project volunteer Brooklyn Center Lions Club Providing patio furniture for elderly resident, Sponsoring Challenger Baseball program for handicapped children Building a wheel -chair ramp at home of Brooklyn Center resident Providing eye exams and glasses for low- income Brooklyn Center residents Karen Youngberg Active community member volunteering at Brooklyn Center Family Resource Center, on Community Education Advisor • Council, and Active member of B.C. Rotary. Phil Carruthers Minnesota State Representative District 47B = = House of Brooklyn Center, Brooklyn Park = = Representatives COMMITTEES: CAPITAL INVESTMENT; TAXES; RULES & LEGISLATIVE ADMINISTRATION; CIVIL LAW POLICY LEGISLATIVE AUDIT COMMISSION October 20, 1999 Mayor Myrna Kragness City Council Members City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor and City Council Members: • I would like to nominate Jean Schiebel, 2120 - 70th Avenue North, Brooklyn Center, 55430, for the Random Acts of Kindness Award. Jean has been very active as a volunteer in Brooklyn Center community organizations for many, many years. She is an active volunteer at CEAP, an active member of the Brooklyn Center Crime Prevention Commission and served for many years as an election judge and on the Brooklyn Center Charter Commission. She is also active in her church, St. Alphonsus. She is a wonderful neighbor, providing kindness and friendship to her neighbors. Thank you for this opportunity to nominate Jean Schiebel for this award. Thank you also for sponsoring this important recognition of citizen participation. Best wishes. Sincerely, Phil arruthers State Representative, District 47B e 217 State Office Buildinq, 100 Constitution Ave., St. Paul, Minnesota 55155 - 1298 (651) 296 -3709 6018 Halifax Place, Brooklyn Center, Minnesota 55429 -2440 (612) 535 -5551 House of Representatives Fax (651) 296 -3918 House of Representatives TTY (651) 296 -9896 LJ O DISTRICT 281 0 Volunteers In Action ROD D I KIS U LE, Community Education area schools G /oria Sedbury Acts of Kindness Nominee Gloria shares her time in the START (Student and Tutor Are Reading Together) program in Robbinsdale Area Schools. She helps individual elementary students in improving their reading skills. • Nominated by: Barb McKenzie October 1999 RHS Resource Center • 3730 Toledo Avenue North • Robbinsdale MN 55422 • (612) 504 • Fax (612) 504-4959 O DISTRICT 481 MINOMMMEq 0 _ 0 0 s Volunteers In Action Community Education area schools Caro/ Weber Acts of Kindness Nominee Carol volunteers many hours with the Adult Academic Program of Robbinsdale Area Schools' Community Education. She assists advanced English as a second language students with improving their reading and writing skills. Nominated by: Barb McKenzie October 1999 RHS Resource Center • 3730 Toledo Avenue North • RobUnsdale MN 55422 • (612) 504 • Fax (612) 504 -4959 DISTRICT 281 p�:., _ 0 w 0 Volunteers In Action RO D D I US N L E Community Education area schools I ©oris Patterson Acts of Kindness Nominee I Doris makes the time weekly to share in the Title I reading program in Robbinsdale Area Schools. She tutors individual elementary students, working to i improve their reading skills. Nominated by: Barb McKenzie October 1999 i RHS Resource Center • 3730 Toledo Avenue North • Robbinsdale MN 55422 • (612) 5044960 • Fax (612) 5044959 DISTRICT 281 p 0 • � r 0 5 � Volunteers In Action ROD D I M4 LC Community Education area schools Norma Kinghorn Acts of Kindness Nominee Norma has been helping in various ways in the Robbinsdale Area Schools since 1989. She is currently tutoring individual elementary students with e reading each week in the Title I program. Nominated by: Barb McKenzie October 1999 e RHS Resource Center • 3730 Toledo Avenue North • Robb Tisdale MN 55422 • (612) 504 -4960 • Fax (612) 5044959 DISTRICT 281 0 w Volunteers In Action ROD i3 I 145D4 LE Community Education area schools Ray Zirk /e Acts of Kindness Nominee I Ray, a retired engineer, devotes many hours assisting students in the Robbinsdale Area Schools. Ray mentored numerous students who are gifted in mathematics and tutored others who were struggling. The continued demand for Ray's help shows how much he is appreciated by the staff and students with whom he has worked. Nominated by: Barb McKenzie October 1 o r 999 i s RNS Resource Center • 3730 Toledo Avenue North • Robbinsdale MN 55422 • (612) 504.4960 • Fax (612) 504 -4959 O DISTRICT 281 � fJ 0 Volunteers In Action ROD D 1 145 LE, Community Education area schools Don Buckingham Acts of Kindness Nominee Don, a former engineer, made science fun for students he mentored throughout Robbinsdale Area Schools. Don's creative approach and personable attitude proved to his students that scientists are • definitely not boring! Nominated by: Barb McKenzie October 1999 • RHS Resource Center • 3730 Toledo Avenue North • Robbinsdale MN 55422 • (612) 504 -4960 • Fax (612) 5044959 Kay Lasman Telephone 1- 612 - 560 -6689 4407 Woodbine Lane Brooklyn Center, MN. Dear City of Brooklyn Center, I would like to nominate my husband, Len Lasman, for the Random Acts of Kindness Award this year. At 6:00 AM, on a cold, wintry morning this past winter, an elderly neighbor of ours came knocking on our front door. She had been walking her dog, and accidently locked herself out of her home. She asked Len to call the police or a locksmith, to assist her. That would have been the easy way out. Instead of that, Len got dressed and went with her to her home to see if he could help her get into her home. He was able to do it for her, saving her time, trouble and the cost of a locksmith. This was truly a Random Act of Kindness, and a fine example of a neighbor going out of the way to help another neighbor. Since ely, a } s c� ,gib c/c--,, A Y� �r 1 lo � 4u 4i,,z- 10/19/99 TUE 16:26 FAX 6129046250 WILKE THOMPSON Z001 A few weeks ago, there was a fire in m g , y neighborhood. I am writing this note of appreciation to the Brooklyn Center Fire Department for their great response. We are very fortunate in our community to have such a wonderful group of professionals to serve us. They arrived quickly and contained the fire. They then worked to protect many of >- • the homeowners' possessions by covering them with tarps. I felt this went above and beyond the call of duty and I wanted to personally thank them for the warmth and caring shown to the homeowners at this difficult time. I was very impressed, as well, with their efficient operation and professionalism. I am very proud to be in a community that has public servants such as these people, who show they truly care. Thank you for all you do. You are appreciated! f4yts (e fi` u w 'f „a icy ' 3'? 6 pt- .,.`.` (i v {r. is .S HtY.:9 MEMORANDUM October 12, 1999 TO: Jane Chambers, Assistant City Manager FROM: Anne Finn, Administrative Specialist SUBJECT: Random Acts of Kindness The following individuals have been involved in Random Acts of Kindness: Doug Curtis/ Gary Curtis JJ Nancy Curtis Tessa Curtis X Gary Ellis t;-", / Daryl Hansen ✓ On Saturday, October 2, this group worked on the City's first Brooklyn Center Cares project. They spent the majority of their Saturday assisting resident Elsie Hawthorne with home repairs and maintenance. They glazed all of Ms. Hawthorne's windows and helped her clean her kitchen. Further, the Curtis family plans to return to prime and paint the glazing. These volunteers have shown an outstanding sense of community. They freely gave of their time and energy, and made a big difference in the life of an individual in need. Their work was clearly a Random Act of Kindness. • • October 25, 1999 Ms Jane Chambers City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Ms Chambers, As we discussed in our telephone conversation of October 24, 1999, I am writing to place the Brooklyn Center Lions Club in nomination for a Random Acts of Kindness Award. During the past few months, the Lions have served the citizens of Brooklyn Center as follows: • When patio furniture was stolen from an elderly resident, the Lions Club provided the funds to have the furniture replaced. • The Lions Club sponsors the Challenger Baseball program. This program allows handicapped children ages 7 -12, paired with able bodied children, the opportunity to play baseball during the summer. • Recently, we were made aware of a resident who had taken ill and was confined to a wheelchair. However, since her home was not wheelchair accessible, it was nearly impossible for her to leave her home, even for doctor appointments. The Lions Club purchased the necessary materials and some of our members built a wheelchair ramp for her. • In the past year, we have provided many eye exams as well as glasses for Brooklyn Center residents. Usually identified by school nurses, the recipient's families cannot afford eye care. These are some examples of random acts of kindness by the Brooklyn Center Lions. If you need further information or more examples, please do not hesitate to contact me. My home telephone number is 612 -560 -1132. Thank you for accepting this nomination. Si erely, Robert Jec orek President Brooklyn Center Lions Club • Brooklyn Center Family esource Center y A Northwest Hennepin Family .Services Collaborative Project • • (612) 561 -2481 •FAX (612) 560 -3365 6826 Humboldt Avenue North Brooklyn Center, MN 55430 October 8, 1999 Dear Brooklyn Center City Council In my role as. Coordinator of the Brooklyn Center Family Resource Center ,I have many opportunities to;meet up with, caning people. But occasionally, someone: stands out as being a person who is looking for ways to make the world a better,.: place on a regular basis, and not ever expecting to be recognized for that care., I appreciate the Random Acts of Kindness Celebration, as if p rovides us an opportunity to bring some of these heroe': to the forefront. One of those.unsung heros is Karen ..... e ,. Youn her . . g Karen has been a member-of the Community Education Advisory Council in the Brooklyn Center School District:'. She has been involved in planning and implementing many different commitees over the; yeai s ' and been faithful to any, cause that she puts her hand to Karen is an active B.0 Rotary Member, and was the driving force behind the advent of the Brooklyn Center Chapter of the Strive Program. Strivers a Rotary Program where interested Rotarians ,offer menforing and support to high school juniors`and seniors who have fallen behind in their'studies and run the risk of not graduating on time. The B.C. Rotary decided two years ago that they would like to take part in s program, but they needed someone to "take the, ball: and run with it ". Karen graciously accepted the challenge, and has just begun her third year of chairing this group.. Karen really believes in the good of all, and encourages their potential. She gives many hours ,a month to this project, and expects nothing in return. Karen also has been a tremendous supporter of the B.C. Family Resource Center. She has stopped by the Center so many times to drop off donations of paper, pencils; notebooks, paper cups, napkins, and paperback books. The gift enjoyed . more than any others was the donation of a sweet little Guinea Pig named Ginger, complete with a new cage; food and bedding. The children in the Grades "R" Us Program that meets at the Center were delighted to have a pet, and it was a great learning experience for them to have another living creature be totally dependant upon them for its care. After a year of Ginger being with us at the Center, the Resource Center has:.. expanded its programming, and the space has become more limited. We had to find another place for Ginger to stay. One of the boys who came to the GRU Program, and who especially loved Ginger, found out that his family was going to have to move to another town. He asked if he could take Ginger with him, and we agreed to that. We felt that it would be a perfect fit for Ginger and for the boy. It was a way for him to stay connected to his friends at Grades :`W "Us and it really comforted him. When I told Karen what we had decided to do, her eyes filled with tears, and she said, "That makes me very happy." That is the kind of woman Kar n is. Kind and loving, and a friend to those in her community. ++ • Fami y Services a Lrotice parts re ip among f re ity o Broo Fyn nter /Po ice Department, Independent SChoaI D,'stricte # 11, 279, 1, and 2861, Hennepin Care Norte, Women's and Childr mjr dime CRAP, Hennepin County Library, Northwest Hennepin Human Services couneiIand valued Member, &Ag md. of the Brooklyn Center community. Administered by the Northwest Hennepin Human Servi. Cauncd and funded by the State of Minnesota and Partner Funds. Subject: Good Deed ® A man performed a good deed, which was observed by God himself. God was so pleased with this man's random act of kindness, that he reached down and decided to reward this man. God: I will grant you one wish. What will it be? Man: Hmm...Well, I've never been to Hawaii, and I really want to go there, but I'm scared to death of flying and even more so of sailing on a ship. Do you think you can build a highway to Hawaii, so I can just drive there? God. That's totally outrageous!! Do you know how many islands I'll have to raise from the bottom of the sea, and how many tons of concrete and steel I'll need to build this silly highway ?? Out of the question! Pick another. Man: Well, ok. I wish .I could understand women. I want to know what makes them tick, what makes them happy, why they become sad, what turns them on... I want to be able to understand so I'll know where I stand when I deal with them... God: You want that highway 2 lanes or 4? I City Council Agenda Item No. 7b S ` O DISTRICT 281 O W v W 41 i RODDIK15NLE area schools MEMORANDUM To: Government Advisory Council From: Ken Kos Date: October 8, 1999 RE: Budget Reductions in Robbinsdale Area Schools As indicated in our conversations during the meeting of the Government Advisory Council last week, the district is looking at budget reduction options by closing facilities and reorganizing the district. The enclosed information has been shared with the staff in our buildings and will be sent to all residents in the district early next week. District leadership is now beginning a process to gather staff, parent, student and community input regarding the scenarios and other related issues. The input gathered from staff, parents, students and community residents will be used to develop the final recommendation. The recommendation will go to the board in November and final decision will be made by the board at the December meeting. If you have questions or concerns about the information, please give me a call. I would welcome the opportunity to talk with you. Best wishes. Education Service Center • 4148 Winnetka Ave. N. • New Hope MN 55427 -1288 • (6 12) 504 -8000 • Fax: (612) 504 -8973 .A SPECIAL NEWS REPORT FROM YOUR SCHOOL . DISTRICT- District- Continues* -Discussions, on ' .. Reducing. eti.. b Facil ties g_ Reorganizing • the'Distridt. O 0 D19RICT 281. - 0 October 1999 d Ro33iU5NLE,- - area schools. . a District Continues Discussions on Reducing Budget by Closing Facilities, Reorganizing the District Overview For the past several years, the school board and district leadership of Robbinsdale Area Schools \ , have been increasingly concerned about the district's financial situation. The following factors have forced the district to make budget reductions: Reduced state funding. Rising operating expenses. Declining student enrollment. Knowing that it will be necessary to reduce the budget for the 2000 -2001 school year, the district leadership has been carefully examining possible budget reductions. One option is to only con- tinue to cut programs 'and services for students, and increase class sizes. Another option under serious consideration is reducing some programs and services for students, along with closing facilities and reorganizing the district. This option has been actively considered by the board and district leadership for more than two' years. The information below describes the option to close facilities and reorganize the district and includes the following sections: The problem — why we need to reduce the budget. The budget reduction process - 1998 to the present.'- Objectives of the process. Options considered for reorganization. Criteria used to narrow options. Remaining viable options. Considerations for choosing these scenarios'. Option of moving 6 11, grade to elementary schools. Next steps. Time line for decision. The Problem Why We .Need To Reduce the Budget \ The following describes the problem that the'district is facing: The 1999 Legislature provided a much - needed increase in per -pupil funding. However, because our district is experiencing a decrease in student enrollment and state funds are allocated on a per -pupil basis, there was little new funding for our district. This lack of additional revenue has forced the district to reduce both the 1999 -2000 and the 2000 -2001 budgets. At this point, it is estimated that the 2000 -2001 budget will need to be reduced by $1.5 to $3 million. By closing facilities and reorganizing the district, the district could save about $1.5 million. Any reduction gained from reorganization will reduce cuts in other areas such as raising class sizes or eliminating or reducing programs for students. The Budget Reduction .Process —1998 to the Present To understand why the district is considering a plan to close facilities and reorganize the district, it \ , is important to outline the. series of events that led up to this situation. Between 1990. and 1998, the district received almost no increase in per -pupil funding from the state. . _ During that time, ' Robbinsdale Area Schools reduced. its operating budget by more than $5 million. In fall 1997, the school board. established the Financial Priorities Task Force, composed of parents and community residents,'to examine the district's financial situation and make _ recommendations for future budget reductions: In .February 1998,, the task force presented its recommendations to the board and community. -These recommendations included closing a middle school and/or an elementary school 'as a cost-saving- . n measure because of de chum enrollme - g nt. . Using the task force's recommendations - as' a guide, the school board and district leadership developed a list of potential reductions totaling $2.2 million for the 1998 -99 school year. Because of a special legislative allocation the district avoided major budget reductions for the 1998 =99 school _year. ' In August. 1998, knowing that the district was facing. a decline- in student enrollment, the board and district leadership began discussions for developing a comprehensive facilities plan including the possibility of closing facilities, • reorganizing the district and, selling 'or leasing facilities not used by the district. The task force recommendations to close -a• middle school 'or elementary. school were .used as - a guide.. In.Octobef 1998, the board and district leadership met with Robbinsdale City Council members and..staff to discuss the future -use of the Robbinsdale Area Community Education Center and the RHS Resource Center. Beginning in October 1998 and continuing through April 1999, district leadership discussed .and examined possible future uses of all district facilities. In 1999, a retreat was held with school board and district leadership on. facilities use. At the retreat, the group examined questions ..on long -term facility•use.and several options for reorganization were developed. In June 1999, 'a second retreat was held with the school board and district - leadership. The group re- examined potential options 'for reorganization, narrowed. the list of options and discussed plans to involve staff, parents and community members in sharing input on potential .- options. . After the June retreat and through. September 1999, the district leadership refined the remaining options, gathered additional information about the options and developed a process to solicit community input." At the September 13, 1999 school board meeting, the board directed the superintendent and district leadership to explore potential budget reductions for the 2000 -2001 school year. It was r estimated that the budget would need to be reduced by $1.543 million. On September 17 1999 a third retreat w P as held with the school board and district leadership to review the process of gathering staff, parent, student and community input, and to review data and information related to the options." Objectives of -the. Process It was essential for the board and district leadership to establish objectives to guide the process. roc .. P P . . The following objectives . were used .to continually focus the process: Renovation costs., ..' Operating costs. _ - ' Educational effectiveness. Political climate.' Community - role. and use of facilities. i Options Considered for Reorganization \ The board and district. leadership examined several options for reorganization*... The process began with developing a list of the most feasible- options. Several. different options'.were considered which included the following major concepts: . Close. a .middle school. Combine the Technology. and Language Campus (TLC) and .the' Language Immersion School. (LIS) in same the facility. Consider - a change in grade configuration from. the current. K -5, 6-8,.' model. . Criteria Used to Narrow Options \ The board and district . leadership realized'that closing facilities and reorganizing the'Aistrict may be. disruptive. for farriilies and staff. A set of criteria was developed for evaluating each option:. The following were the 'criteria : used to narrow the options for reorganization:' To reduce the general fund budget by at' least $1 million and to save building renovation - costs through facility reorganization for' 2000 -01 by reducing the number of middle schools from: - :four to three. To combine TLC and LIS at the same facility in order to provide better alignment between the programs-, to save about $500,000 in operating funds and:to save building renovation, costs. To consider, moving grade 6 to elementary' schools in order to reduce the size of middle *school enrollment---' To use the RHS Resource Center as a school site because -of its size and flexibility for programs.. .. = 'To use Sandburg `as a. school site. because of the recent renovation of the building. Remaining Viable Options \ The board and district leadership narrowed the list of reorganization options to two viable scenarios. The following scenarios best addressed the established - criteria and are presented for consideration: SCENARIO "ONE Close Hosterman. . Discontinue use of Sandburg and RACEC as middle school sites. Combine -TLC and LIS at Sandburg." Use Plymouth_Middle. School and RHS Resource Center as the two attendance- boundary middle schools.: Maintain a "K -5, 6 -8, 9 -12 grade configuration. Under this scenario, : 'Middle school boundaries would be changed .to match "the high school atten- dance boundaries::.All students attended Plymouth would attend Armstrong High - School and all' students who attend the ".Robbinsdale site would attend Cooper High School. SCENARIO TW0 :..:.. Close Hosterman. Discontinue use of RACEC middle school site. :. _ Combine.TLC and LIS at RHS Resource Center. Use' Plymouth• Middle" School and. Sandburg Middle: School as the, two attendance- boundary middle schools: Maintain a K -5, 6 -8, 9 -12 grade configuration. Under 'this scenario, • middle "School boundaries would be changed so that about half- of the students currently attending Hosterman would attend Plymouth and about half.would attend Sandburg. These boundaries would not match the high school boundaries. Considerations for Choosing.These Scenarios As was stated above, many options were considered for closing schools and reorganizing the district.' Scenario One and Scenario Two are presented to staff, parents "and community as the most ,) • viable options for the follow.in •reasons: P g Both scenarios would save about $1.5 million in operating funds ' . Both scenarios would -in a savings of about'$20 million in building renovation costs. Both scenarios • would utilize Sandburg as a school site.. Both scenarios would utilize the RHS Resource Center as a school site. Both scenarios would combine TLC and LIS in the; same facility. In summary, implementation of either scenario would result in the following: • " :Two attendance - boundary.middle schools, grades 6 -8, with an average enrollment of 1,300 students. One alternative school site. housing the Language Immersion School • (K -grade 5) and the Technology and. Language-Campus (grades 6 -8) with an estimated enrollment of 1,300 students . at one site. Eleven attendance - boundary elementary schools (K -grade 5) =same as current structure. Option of Moving 6th Grade to Elementary Schools \ The board and district leadership also discussed the possibility of moving 6 -grade students back to the elementary schools because the district's decrease in enrollment is occurring in the elementary grades. Both scenarios could be modified to include this option. Moving the 6 grade to the . elementary schools would result in the following: I Eleven attendance - boundary elementary schools with K -grade 6 students. Two attendance - boundary middle schools (grades 7 and 8) with an average enrollment of 900 students. Elementary attendance boundaries may need to be changed to accommodate the addition, of sixth grade. Next Steps \ Over the past two years, a great deal of research and discussion by the board and district leadership ,) has occurred regarding the possibility of closing facilities and reorganizing the district. During this time, many options for reorganization have been discussed and rejected because these options do I not fit the established criteria.. In most cases, options were dismissed because they did not result in adequate savings. We believe that the scenarios presented above represent our best thinking around the issue and address the financial situation faced by the district. In addition either scenario allows the district to reduce the :budget while continuing to meet the needs of students. . The district leadership has developed a process to gather input on the scenarios from staff, parents, students and community residents: The following activities have been scheduled as opportunities. to learn more about the scenarios and to share.input with the district leadership:. Board listening hours, 6 -6:45 p.m. on Monday, November 1. Question- and -answer sessions at all middle and elementary schools for staff members, parents and students. The schedule of these sessions will be provided as soon as possible. Focus groups, telephone survey. other methods to gather input. Presentations to community groups by schedule and upon request. The research and input gathering process will focus on the following questions: What issues have not been addressed in the scenarios? What are we .missing? • Given the district's financial situation, how we proceed with the least negative impact? What is the community's preference on moving the 6th grade to the elementary schools? What strategies can be implemented io minimize problems through' reorganization? Time Line for Decision \ During October and November, staff, parent, student and community input will be gathered. The ,) phone survey, focus groups ' and input from meetings will provide data and information. Once the information atherin and research process is completed, the distri t leadershi g g P P C p will use this infor- mation to develop a final recommendation. The district leadership will present its recommendation at the November 15 school board meeting. Information on the recommendation will then be distributed to staff arents and community. T p y. he board will hold public hearings in late November and early December to receive comments on the recommendation. The board will make a final decision on the recommendation at the December 13 meeting. Transition plans will then be developed . to im lement recommendation. the rec I � �. P We'd like to hear from you. match for a schedule of community meetings to be announced soon. City Council Agenda Item No. 8a MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffinan, Community Development Director RE: City Council Agenda Item DATE: October 6 1999 On the October 11, 1999, City Council agenda is an ordinance amending Chapter 3 of the city ordinances regarding the Minnesota State Building Code. These are merely housekeeping items to reflect minor changes to Chapter 3. Also on the agenda is a resolution amending the Planning and Inspection fee schedule. The section titled "Permit Fees" reflects a change in the computation of plumbing permit fees. In the past, certain types of plumbing permit fees were based on a charge per fixture. To be consistent with the computation of all permit fees, plumbing permit fees will be based on 3% of the valuation of the work being done for all permits. The resolution amending the schedule for Planning and Inspection fees reflects the following changes: ► Plumbing, Sewer and Water, Fire Suppression, and Mechanical permit fees are listed separately as they are each entered on separate permit application forms with separate fee computation. ► A fire suppression plan review fee (65% of the base permit fee) has been added for all new commercial construction as provided for in the UBC - Section 107.3. ► A minor modification was made to the mechanical permit fees for tank removal or installation. In the past, fees were computed based on a flat fee for each tank. The change reflects a permit fee based on valuation of the work. ► A reinspection fee ($47 per hour) has been added when a reinspection is necessary to verify completion of corrections as provided for in the UBC - Section 108.8. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of November, 1999, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 3 of the Brooklyn Center Code of Ordinances regarding the Minnesota State Building Code. 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 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 3 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 3 -103 Permits and Inspections . D. Submissions of Plans and Specifications. Each application for a building permit shall include at least two sets of plans and specifications in the case of one and two family dwellings and residential accessory buildings; and at least three sets of plans and specifications in the case of all multiple family dwelling and accessory buildings, commercial buildings, industrial buildings, and other nonresidential buildings. Building plans and specifications shall bear the certification of a Minnesota registered architect and /or engineer in the case of all multiple family buildings and nonresidential buildings, and in all other cases when required by the building official. At the discretion of the building official plans and specifications need not be submitted for the following: 1. One -story building additions of Type V conventional wood stud construction with an area not exceeding 600 sq. ft. 2. Group M-, U, Division 1, occupancies of Type V conventional wood stud construction. 3. Minor projects. . Section 2. Chapter 3 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 3 -103 Permits and Inspections ORDINANCE NO. G. Permit Fees. 2. Plumbing Permit Fees. I�c3 fir i,,iiL�i:pen� ill lip; a� ��t forth by wail ,ll 1�.3vi�t1632 - fJT � a%111 ty ,J plumbing fixture phm - rbing systcni or 5crvlcc wailt. For yulposC of this ord21ia11Ce $ phmibing fixta.Lc; is dr -fincd as a dc'V1GC lrAmded-to be iJiulwt%a'te h a3 any 3iiik l a undry , baditu Wash basin Ountairl, floor dui, w aiel %lv�� t, watts liGa�eT - 6T any v' r such deviees. Fees shall be calculated according to the schedule set forth by city council resolution. Section 3. Chapter 3 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 3 -101 Building Code A. The following chapters of the Minesota State Building Code are adopted and incorporated as part of the building code for the City of Brooklyn Center: f 10. +340— I'a��l�t��� :�r- the�1xndi:,art,e'd 1341 - Minnesota Accessibility Code Section 4. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication r Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES WHEREAS, Chapter 3, 12, 15, 34 and 35 of the City Ordinances requires the payment of fees for building permits, plumbing permits, mechanical system permits, sewer and water permits, fire suppression permits, sign permits, building maintenance and occupancy reinspections, Planning Commission applications, flood plain use permits and administrative land use permits; and WHEREAS, Chapter 3, 12, 15, 34 and 35 of the City Ordinances further authorizes the setting of various fees by City Council resolution; and WHEREAS, City Council Resolution Nos. 86 -123 (adopted 8/11/86), 89 -224 (adopted 11/27/89), 90 -33 (adopted 2/26/90), 95 -174 (adopted 8/14/95), and 98 -228 (adopted 12/14/98), together comprise a schedule of fees collected by Community Development; and WHEREAS, the City Council finds it appropriate to modify and update the fees • contained in said resolutions and to adopt a new fee schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to adopt the following fee schedule. Planning and Inspection Fee Schedule 1. Building Permit Fees Building permit fees shall be based on the valuation of estimated building costs. The building valuation shall be computed using the up -to -date average construction cost per square foot established from time to time by the State Building Inspector. Valuation Fee $1 to $1,000 $38.75 $1,001 to $2,000 $38.75 for the first $1,000 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 for each additional $1,000 or fraction thereof, to and • including $25,000 • Resolution No. $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $500,000 $500,000 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000, or fraction thereof A plan check fee of 32.5 % of the amount of the permit fee is collected for one- and two - family residences (including townhouses as one - family residences). For all other permits, the plan check fee is 65 % of the amount of the permit. 2. Plumbing Permit Fees Plumbing permit fees shall be computed as set forth below. a. Minimum fee $ 25.00 b. Repair or alteration of existing system 2% of estimated cost c. New residential or commercial building 2% of estimated cost 3. Sewer and Water Permit Fees Description and Fee a. Sewer or water connection $ 31.25 b. Sewer or water disconnection $ 31.25 c. Commercial sewer and water connection $ 108.75 d. Residential sewer and water connection $ 77.50 e. Commercial /Industrial fire line $ 31.25 • Resolution No. 4. Fire Suppression Permit Fees Description and Fee a. Fire Sprinkler System (New) - First ten heads $ 40.00 - Additional ten heads or fraction thereof $ 8.00 Standpipes (each) $ 50.00 Fire pump (including testing) $200.00 Alteration, Repair of Existing System - For each $500 valuation or fraction thereof $ 17.00 - Minimum fee $ 35.00 Fire Suppression Plan Review - New commercial construction 65 % of base permit fee* * Plan review fees based on UBC Section 107 3, Plan Review Fees. 5. Mechanical System Permit Fee Mechanical system permit fees shall be calculated and collected according to the following: a. A mechanical permit shall be required for the installation, for the removal and for the replacement of any in- ground or above - ground tanks, vessels and related piping used for the storage of gaseous or liquid fuels or chemicals. Installation, alteration, reconstruction or repair of any heating, ventilating, comfort cooling or refrigeration equipment requires a mechanical permit. Permit fees shall be computed on the basis of the estimated cost of the proposed work except as herein provided. $0 to $500 $ 25.00 $501 to $50,000 $ 25.00 plus 2% of value of any amount in excess of $500 Over $50,000 $1,012.50 plus 1 % of value of any amount in excess of $50,000. b. A mechanical permit shall be required for gas pipe fitting for connection to any gas burning device, except as herein provided; the fees are set forth below. The appropriate fee for gas water heaters shall be applied to the plumbing rather than a mechanical permit. Resolution No. Description and Fees 2" and less diameter pipe - 1 -3 fixtures $ 5.75 each - Additional Openings $ 2.50 each 2" and over diameter pipe - 1 -3 fixtures $ 15.00 each - Additional opening $ 3.25 each c. It is not intended that permits shall be required for portable heating ventilating, comfort cooling or refrigeration equipment, nor for the replacement of any component part or assembly of an appliance which does not alter its original approval and which complies with other applicable requirements of the Building Code. 6. Reinspection Fees Reinspection fees shall be collected for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. The applicant shall pay the reinspection fee as set forth below: Reinspection Fee $ 47.00 per hour* (One hour minimum.) *Reinspection fee based on UBC Section 108.8, Reinspections. 7. Building Maintenance and Occupancy Ordinance Fees Reinspection $ 25.00 Appeal $ 50.00 8. Sign Permit Fees Sign permit fees shall be collected before issuance of any sign permit required under the provision of the Sign Ordinance and shall be calculated according to the following: a. The fee for any permanent freestanding or non - freestanding sign five square feet in area or less shall be $25.00. b. The fee for any permanent freestanding or non - freestanding sign over five square feet in area shall be $30.00 for the first 50 square feet of gross area or fraction thereof and $12.50 for each additional 50 square feet of gross area or fraction thereof. c. The fee for permits for the installation of any electrical wiring for any sign shall e conform to the State Board of Electricity fee schedule and shall be obtained through the State Board of Electricity. Resolution No. 9. Planning Commission Fees Planning Commission fees shall be collected at the time applications are executed according to the following: Description and Fee a. Rezoning $700.00 b. Site and Building Plan 500.00 c. Preliminary Plat 200.00 d. Variance 100.00 e. Special Use Permit 100.00 f. Extension of Special Use Permit 50.00 g. Appeal 100.00 h. Determination 100.00 i. Planned Unit Development 1200.00 In addition to the above fees, the applicant shall sign an agreement, on forms provided by the City, to pay the cost of all engineering, planning and legal consulting expenses incurred by the City in processing the above applications. 10. Administrative Land Use Permit Fees Administrative Land Use Permit fees for temporary activity shall be collected before the issuance of any such permit required under the provisions of the Zoning Ordinance according to the following: Description and Fee a. Out -of -door church functions, civic functions, $25.00/10 days charities, carnivals, etc. b. Off -site signs for civic functions or community $25.00/10 days events. c. Out -of -door nursery and garden center sales $50.00/30 days and displays. d. Miscellaneous out -of -door sales, displays or $25.00/10 days promotional events. e. Miscellaneous out -of -door sales, displays or $25.00/30 days promotional events for gasoline service stations. f. Car wash fund raisers. $25.00/10 days ® Resolution No. 11. Flood Plain Use Permit Fees Flood Plain Use Permit fees shall be collected before the issuance of any flood plain use permit required under the provisions of the Zoning Ordinance and shall be calculated according to the following: Area Fe Up to 1 acre $ 25.00 1 acre to 5 acres $ 25.00 /acre Over 5 acres $125.00 plus $18.75 /acre for each acre or fraction thereof over 5 acres BE IT FURTHER RESOLVED that the above schedule of Planning and Inspection fees shall become effective on 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. 9a MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: November 1, 1999 SUBJECT: Building Permits The Council has requested information relating to the issuance of building permits, including when they are required, the need for the same, and the impact permits have on the cost of construction and/or renovation. The question has been raised primarily over the impact permits may have on the renovation of existing structures. Brooklyn Center, like all other metro area communities, has adopted and is subject to the Uniform Building Code (UBC). The UBC applies to all construction, alteration, demolition repair, and pp p maintenance of any building within Brooklyn Center. By law it is unlawful to undertake any such activity in violation of the UBC standards including failure to obtain a building permit. Brooklyn Center's Ordinance (Section 3 -103) also requires a building permit whenever a building is erected, enlarged, altered, repaired, improved etc. This means Brooklyn Center requires a permit for all projects that affect the integrity of the buildings envelope, is a health safety issue or relates to the structural elements of the building. We don't require permits, i.e. common sense, for painting your home, repairing window panes, screens or other minor routine repairs. The intent of the building code is to ensure that buildings are erected, maintained and utilized in a manner that will minimize the risk to life, health and public safety. The codes are written to provide reasonable standards regulating the design, construction, quality of materials, location, use and occupancy of all buildings within the City. As such the building codes are minimum standards of acceptable construction, repair and maintenance. Unfortunately, many people do not assign much value to the building codes. In fact many repairs and alterations occur without a permit that look fine but to a trained observer reveal potentially dangerous situations. As you will recall when the EDA acquired homes along 53rd Avenue we documented many code violations from the remodeling done there without a permit. Violations included improperly vented water heaters; electrical work that was not grounded; electrical wires hanging loose from the ceiling; improper plumbing; energy code violations; floor trusses cut, etc. (See attached photos of all too typical remodeling work performed without a permit.) The point of the permit system is a check to assure that work is being done correctly. It is my understanding the question was raised primarily over the City's requirement for a permit when replacing existing windows. Relative to the specific home involved in raising the questions • about permits, the contractor doing the work had been caught by the building inspector working MEMORANDUM November 1, 1999 Page 2 without a permit. The contractor had been caught several times before. The contractor was and is well aware of the building permit requirements not only of Brooklyn Center but all other communities in the metro area. Good contractors appreciate the work of an inspector because it provides a second check on their work. The building inspector is looking for three (3) items when inspecting a window installation. First, are the windows properly flashed to assure they don't leak or draft. There are potential issues with replacement windows with air exchange rates. If the house becomes too tight, there is a potential for back drafting of the water heater i.e. carbon monoxide build up in the home. This is not a required inspection now but in the hear future it will probably be mandated by the UBC. Second, that the windows are properly caulked, again to assure they are weather tight. Third, the UBC (310.9.1.2) requires smoke detectors be installed in the bedrooms of all residential buildings when a permit over $1,000 is issued (interior work only). The smoke detectors are the most important reason we require building permits for items such as window replacement. You will all recall the tragedy on 54th and Knox Avenue when four people were killed in a house fire. Had smoke alarms been present in the bedrooms this might not have happened. Smoke alarms in bedrooms, as required by the UBC, are a family's best insurance against such tragedies. The concern that building permits discourage people from doing necessary repairs is perhaps true in some cases but overall permits do not impact an individual's decision to improve their home. We know without question that there are and will continue to be numerous repairs and remodeling done without a permit. However, in 1998 Brooklyn Center issued 1,269 building permits to single family residential properties. The value of the work done was $5,997,634. Of that, six of the permits were new construction totaling $644,832. The magnitude of the number of permits issued relative to the number of single family homes (8,500 approximate) seems to indicate a substantial reinvestment back into the city's housing stock by individual homeowners with appropriate building permits. The cost of the permit is typically included in the cost charged by a contractor if a contractor is used. A permit for an $8,000 project would cost $157.25 including the state surcharge plus another $49.81 for a plan check, if it were needed. This represents 2.5 percent of the total value of the job. Permit fees range from 5 percent of the work valuation to less than 1 percent. The 5 percent represents a minimum permit fee contrasted against a proj ect with a minimal valuation. For the cost of the permit the resident receives a review, and if necessary, correction and comments to proposed building plans as well as the necessary inspections needed to complete the project in a safe and proper manner. In addition, our building inspectors routinely assist Brooklyn Center residents with advice and help with projects they are considering. Residents of Brooklyn Center are receiving a good value for a necessary and important service. • • -. . 1 • T + '� � l� �.1 �� t , �� S �i i� • a p f i. ll 1. r> .•� s �, F • * "1 M , ,. 'S '_'� � u u� f ' � .4!y "r 'r a _ s � , � �. �;. J -.•�r� �. i t; �. � - '�� .? _ f ' .. f � ' K r N � v:.q�1P��F; S p �.. jj� ��. -•� � • �1111M1• � ire :►�,� 3 ` 4 A ,. Y e.. - t • t ,! - nr"�r► , b. -woo aM�IM► d �" 't -. '+ kl� .., f.'.;.;� ' 1 < � r r" i .y � y . � °� -., S ... lo. �.a ._ X i ;� F __ ♦.. f �,vn��"' ►.. . Y� - � � � .S x e k "r F .w • 4 - � L RF �- r • ,,. �;r', .,: ;r.; M�, „�:..,: - y -dam � ,,, . -. .� � �� �� � �� s y:' .. �� �...� P �' �� ', ..� � � - �. -� �'•- �' _. e i M • City Council Agenda Item No. 9b ® MEMORANDUM DATE: October 28, 1999 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Annual Halloween Party and Holly Sunday Activities The Brooklyn Center Lions Club has presented to the City donations of four hundred dollars ($400) and two thousand dollars ($2,000) and have designated that they be used for our annual Halloween Party and Holly Sunday activities respectively. Staff recommends acceptance of the donations and asks that they be coded to the Special Events program. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of four hundred dollars ($400) and has designated that it be used for the annual Halloween Parry; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of two thousand dollars ($2,000) and has designated that it be used for the annual Holly Sunday activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the Special Events program. 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. 9c i MEMORANDUM DATE: November 3, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Authorizing the Conveyance of Property on Brooklyn Boulevard and on 69th Avenue to Hennepin County for Highway Easements Necessary to Construct Improvement Project No. 1999 -04, Brooklyn Boulevard, 65th Avenue to 71 st/Noble Avenues The City of Brooklyn Center owns fee title to portions of three properties on the corner of 69th and Brooklyn Boulevard. These partial takings were acquired from the former Saba Flowers, Orbit TV, and Tires Plus properties for the construction of the 69th Avenue parkway and the widening of 69th at its intersection with Brooklyn Boulevard (see attached map). The City also owns all the property abutting Brooklyn Boulevard from 65th Avenue to the freeway interchange, park and ride property that is in the process of being conveyed to Metro Transit for the Park and Ride. This property is necessary for the widening of Brooklyn Boulevard. When the redevelopment area between 69th and 70th is replatted, it is intended (and the developer is aware) that all the necessary right of way for the Brooklyn Boulevard be dedicated on the plat, however, it is unlikely that this platting will be complete prior to the time Hennepin County is required to show it has all the right of way necessary for the project. At the Park and Ride site, various technical glitches with the plat, traced back to title faults in the early 1970s when Mn/DOT acquired right of way for the widening of old TH 81 then conveyed it to Hennepin County as CSAH 152, have finally been resolved and the plat is now going through the final approval steps at the County Surveyor's office prior to execution. Again, it is doubtful this plat can be finalized, executed, and filed prior to the time when Hennepin County needs to demonstrate to Mn/DOT that it has all the necessary right of way. Therefore, the County has drafted highway easements whereby the City may convey portions of property it owns to the County for the necessary right of way. A resolution authorizing this conveyance, and authorizing the execution of temporary construction easements is attached. RCEL NO. 14 E OWNER CHER 4UE 6 YOUA L VUE PARCEL NO. 16 D NO 27- 1 19 - 21-33 -0018 FEE OWNER W T , E i D WRIGHT ESTIMATED 54 NEw RIGHT OF WAY Pia N0. 27- 119 -21 -33 -0016 NPOR SMT. = 246 SO. FT. / 2Y,8 HIGHWAY ESMT. IE ACQUIRED DATE TEMPORARY 960 SQ. FT. / 88.906 2 ESMT, a 627 SQ. FT. / 58.24p m2 46 I P09 7E ACQU CQUIREO � 62 607.264 1 RCEL No. 15 65 I POE N 62 609.666 OWNER LUIS A IGLESIAS CASTRO PARCEL N0. 47 I i Y N0. 27- 1 19 - 21 -33 -0017 FEE OWNER THE LUTHER CO LTC PRTSHP 45 I POS I 62 610 HWAY ESMT. a PID NO. 34- 119 - 21 -21 -0008 44 1 PI' ` 1 PORARY ESMT, a 739 SO. FT / 68.643 m2 HIGHWAY ESMT, a I 62 610.965 1 c ACQUIRED TEMPORARY ESMT, a 236 SO. FT. / 21.917 m2 43 PI 1 62 612.111 li DATE ACQUIRED 41 PI j 62 612.540 1 4i j PI I 62 631.249 lc COLOR KEY 24 I PT 62 657.023 19 PROPERTY 2 PC 1 62 630. °61 15 j is TO BE CON 20 21 11 P I 62 1 615.278 15 CON VEYED P OS 62 4 151 2 �, \ 63 POg I 62 615.288 15( 4 t , �\$ . 64 P OE ' 62 615.233 15E a 43 ' 4 ° o = `� '�x 4 45 46 -- - - -� O sx�_ 43 63 .... .........................X' -*-;, _ _ x+:- ;�_... ='T -•�' __ _- -? :r . a % :m aaci- E tn ACQUIRED FOR - i — — - - -- — - - -•_ - -_ --- - "�-- =� 69TH AVE PR A VE. N - - - - — E PROJECT I 99th 'c I -. 52 53 _ _ A --� - -- _ . » + + Q i 12 LS8 x RCEL No. qq _ OWNER CITY OF BROOKLYN CENTER PARCEL NO. 42 NO. 27- 11 9 - 21 -33 -0046 FEE OWNER ;HWAY ESMT, a PIC NO. -119- LANE 4 ERN57 = 2461 SQ. FT. / 228.608 m2 27- 119 - 21 -33 -0058 1PORARY ESMT. HIGHWAY ESMT. = 994 SQ. FT. / 92.323 m2 • E ACQUIRED TEMPORARY ESMT. _ DATE ACQUIRED 800 SQ. F7. / 74.297 m2 CEL 43 0 ERNST LANE 4 ERNST N0. 7- 119 -21 -33 -0057 iWAY ESMT. a 'ORARY ESMT. = 742 SQ. FT. / 68.930 m2 ACQUIRED %WN BY I 69TH AVE. N. / CSAH i :CKED BY HENNFP I N rn1 lk1Tv _ _ IOOKLYN CENTER PARCEL NO. 4 _0053 FEE OWNER CITY OF BROOKLYN CENTER PARCEL NO. 6 SO. FT, / 213.362 .2 PID NO, 31- 11 9 - 21 -21 -0012 FEE OWNER .....AT PIO N0. CITY OF BA e OOKLYN CE NTER N0. SQ. FT, / 7.150 w2 ESYT, s 2991 SQ FT. / 31- f19 -21 -21 -0010 �PARC iEE OWNER C1TY OF BROOKLYN CENTER TEYPORAR Y ESY1 277.611 KR HIGHWAY OB DATE AC 3666 SQ. FT. / 340. SB9 K12 ESYT 1160 50. FT. / 137,301 KR P[D N0. 31-119-21-21-00 FT. / PAR 300.106 m2 / OU7RE0 TEMPORARY _ DATE ACQUIREO • 173 2 50. F7, / 160.919 1.2 3230 50. H`GHWAY ESYT. 6930 SD. FT. / 613.692 WQ I / . -nRARY ESYT. • EL N0. 5 / P10 NONER 31Ci'y_pi_Z; -OOK"N CENTER PARCEL N0. / FEE OWNER T, PID NO TEMPORARY HIGH ESY s 1176 S0. FT. / 137.115 e0 . T. O j, TEMPORARY ESYT. • 1666 50. FT. / 175,111 K12 HIGHWAY ES DATE ACQUIRED T EMP OR ARY A IRED ESY CONSTRUCTION ATE COII I i 2 EASEMENT In 1 5 LSB ♦ N / / In In - /'7`�' -}f-� _ '''�• '�'�,rr- � =�A3.j �' =;k ''�.. : v , .:: - •d�st+t u:..s„ .�`�,�' _ _ u+ b 0 / /� .__ � .. •r�" a f ' y _v..•:w..c�:^a�ra_. h't"�:�:•- �:,;r,. I / +600 2 7 2 +80 I a 1 .... \` 2- 2 +900 ��- PROPERTY ` ' ' I I I 2 +800 59 TO BE CONVEYED A E 56 \\ ACQUIRED FOR LN 58 Q=om 55 54 a� ROADWAY /PARK AND RIDE / P PHILLIP C. SYABY PARCEL N0. 56 FR 1-11 - 21 -17 -0061 FEE OWNER HERSHAL OLAF OLSON •Q/,/�. /, PID NO. 34- 1 19 - 21 -24 -0007 F q .T' s 570 SQ' FT, / 52,964 .2 HIGHWAY ESYT. • 62 SD. F7, VF 1 TEMPORARY ESYT, s 712 SQ. FT. / 6 m2 DATE ACQUIRED sa - BETTY L DUDLEY PAR -119 CL N0. 55 . WAY C -21 - I] -polo FEE OWNER EUGENE A NAHAUSKA ESTIMATED NEW RIGHT COORDINA FE NO. 31- 119 -21 -21 -0006 (yy� NORTH (Y7 EAST tx) • ' 236 So. FT. / 21.9og W17 - RIGNWAY ESUT. • 356 50, fT. / 51.612 m2 -^�^^ NAME TYPE 61 481.b35 155 636.51 TEMPORARY CQU ESYT. • 266 S0. F7. / 26.722 e1 - 5 C � 156 514.736 DATE Acqulaeo r, 6 PC 61 986.60 57 -1 TEMPORARY CONSTRUCTION P08 62 242.632 156 333.133 1YLL 75 ANN OWENS PARCEL NO. 51 ��: T 119 - 21 -13 -0009 ER HA ES CUS TA FEE OWN CRL t TAFSON EL PERMANENT HIGHWAyEgSEMENI • P NO, 31 119-21 - 21 - 0005 ® PERM 62 219.8]3 156 294.301 • 3]1 50. F7. / 10.717 W12 HIGHWAY ESYT. + 991 S0. FT. / 92.ID9 m2 ANENT DRAINAGE 82 P08 156 286.49 'MPORARY ESYT • EN 61 POE 62 231.1 _ DATE ACOl1I.ED 116 S0. FT. / 10.616 m2 20 m DRAWN BY 0 DRAYM BY REVISIOH - - S�ALE CHECKED BY CHECKED BY CERTIFIED BY D 22469 06/25/99 /99 HENNEPIN COUNTY PROJECT 9322 // � w`qK � — LAST LAST REVISION C.S.A.H. 152 S.P. 27 752 -07. S.P. 1 09 - 020 -08. S.A,P,� 109 -125 R�� .'D n. +r E ... PRIIFCiCiM RIGHT nc WAY Of .., Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD AND ON 69TH AVENUE TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71ST /NOBLE AVENUES WHEREAS, the City Council on October 14, 1997 by Resolution No. 97 -188 approved Preliminary Layout 1B, the preferred design for Improvement Project No. 1996 -16, renumbered 1999 -04, Brooklyn Boulevard, 65th Avenue to 71st /Noble Avenues (Hennepin County Project No. 9322), said design requiring the acquisition of additional right of way; and WHEREAS, the City Council on August 24, 1998 by Resolution No. 97 -188 authorized the execution of a right of way agreement with Hennepin County; and WHEREAS, said approved layout requires the permanent acquisition by the County of City - owned land for highway purposes, as well as temporary construction easements providing for temporary access to additional City-owned property; and WHEREAS, said property was acquired by the City for highway purposes, or for redevelopment /highway purposes. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Permanent Highway Easements are hereby granted, and the Mayor and City Manager are hereby authorized to execute the Easement documents as necessary to accommodate approved Preliminary Layout 1B. 2. The Mayor and City Manager are hereby authorized to execute the Construction Permits granting temporary construction easements over City -owned 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. 9d MEMORANDUM Date: November 3, 1999 To: Michael McCauley, City Manager From: Joyce Gulseth, Public Works Administrative Aide Subject: Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -a- Street Programs Supported by the efforts of 36 groups or individuals, the Adopt- A- Park/Trail /Street Program plays an important role in helping maintain City parks, trails, public grounds, and streets. The program was established in 1992 through the supportive efforts of the Park and Recreation Commission and the public works staff. Facilities selected were those which staff believed could benefit most from "adoption." Now in its eighth year, the program continues to grow with a high level of participation indicating a great amount of community support for our extensive park system, and a desire to maintain its quality. The volunteer groups represent a cross - section of the community including service organizations, employee groups, schools, scouts, churches and neighborhood groups. The organizations are recognized by small signs at their adopted facilities. It is always more difficult to find organizations that are interested in adopting streets or trails than it is to adopt parks. When there are requests from the public to get involved in special projects the following available sites are suggested for consideration: Parks: Twin Beach and Twin Lake Island Trails: Shingle Creek North (69th Avenue to I94/694) 69th Avenue (Brooklyn Blvd to Shingle Creek Pkwy) Streets: Shingle Creek Pkwy. North (69th Avenue to I94/694) John Martin Drive (Shingle Creek Pkwy to T.H. 100) Earle Brown Drive (John Martin Drive to Summit Avenue and loop north) Humboldt Avenue (194/694 to 69th Avenue) Dupont Avenue South (194/694 to 57th Avenue) Lyndale Avenue (53rd to 57th Avenue (includes river bank) France /Lakebreeze Avenues (51 st to Azelia Avenue) is A listing of the volunteer groups and their adopted facilities is attached. The attached resolution thanks the groups for their commitment to this program. The following individuals, organizations and groups are committed to the City of Brooklyn Center 1999 Adopt- A- Park/Trail/Street Program. Parks Arboretum — Girl Scout Troop #1469 Bellvue —Brooklyn Center Lioness Club Bob Cahlander Park — Todd Paulson Family Brooklane — Garden City Elementary Central —Brooklyn Center Rotary Club Evergreen Park — Evergreen Park School & PTO Evergreen Park — Bullfrogs & Butterflies Childcare Firehouse Park — Brooklyn Center Charter Commission Freeway Park — Friends of Freeway Park Garden City Park — Brookpark Dental Center Grandview — Earle Brown Elementary Happy Hollow — Boy Scout Troop #401 Kylawn — Orchard Lane Elementary Lakeside Park & Marlin Park — Park & Recreation Commission Lions Park — Girl Scout Troop #1789 Northport — Cub Scout Pack #299 • North Mississippi Regional Park —Cub Scout Pack 401 Orchard Park — Kids On The Move Daycare Palmer Lake East — Cub Scout Pack #454 Palmer Lake West — Palmer Lake Elementary Riverdale — Friends of Riverdale Park Shingle Creek Park N— Children's Residential Services Twin Lake North — Ray Beach Twin Lake Penninsula — Tim Olson Wangstad — Brookdale Chrysler Plymouth Willow Lane — Willow Lane Student Council Streets County Road 10 — Brooklyn United Methodist Church Dupont Avenue North — Loonie Weavers Freeway Blvd. East — Barnacle Bill's Steak & Seafood Freeway Blvd. West — Minneapolis North Hilton Shingle Creek Pkwy South —Target, B. C "Good Neighbors" Summit Drive — Allina Receivable Services West River Road — Riverwood Neighborhood Association Trails Lilac Drive — B. C. Lions Club is Palmer Lake Trail — Rise Creative Partnerships Shingle Creek South — Boy Scout Troop 454 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the public service of the following groups hereby recognized and appreciated: Allina Receivable Services Friends of Freeway Park Barnacle Bill's Steak & Seafood Friends of Riverdale Park Boy Scout Troop #401 Garden City Elementary Boy Scout Troop #454 Girl Scout Troop #1469 Brookdale Chrysler Plymouth Girl Scout Troop #1789 Brooklyn Center Charter Commission Kids On The Move Daycare Brooklyn Center Lions Club Looney Weavers Brooklyn Center Lioness Club Minneapolis North Hilton Staff Brooklyn Center Rotary Club Orchard Lane Elementary School Brooklyn United Methodist Church Palmer Lake Elementary Brookpark Dental Center Park & Recreation Commission Bullfrogs and Butterflies Childcare Ray and Dolores Beach Children's Residential Services Rise Creative Partnerships Cub Scouts Pack 299 Riverwood Neighborhood Association Cub Scouts Pack 401 Target, Brooklyn Center "Good Neighbors" Cub Scouts Pack 454 Tim Olson Earle Brown Elementary Todd Paulson Family Evergreen Park School & PTO Willow Lane Student Council • RESOLUTION NO. s Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I I City Council Agenda Item No. 9e Member introduced the following resolution and moved its • adoption: P RESOLUTION NO. RESOLUTION AUTHORIZING PARTNERSHIP AGREEMENT WITH UNITED STATES CENSUS WHEREAS, the Census will be taken in the year 2000 and the City has received a request to enter into a partnership agreement with the Kansas City Regional Census Center for the 2000 count; and WHEREAS, an accurate count of the residents of Brooklyn Center would be a desirable goal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor be and hereby is authorized to enter into a non - binding partnership agreement with the Kansas City Regional Census Center for the 2000 Census, to issue a proclamation endorsing the Census in complete count efforts, and the City Manager be and hereby is authorized to have the City of Brooklyn Center participate in activities such as distribution of information regarding the Census in City Watch newsletters, the display of Census 2000 promotional materials, posting of Census jobs, identification of hard to enumerate areas in the community, and seeking ways to publicize the Census count. 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. • • PROCLAMATION DECLARING CENSUS 2000 AS A TOP PRIORITY FOR ALL ELECTED AND APPOINTED OFFICIALS WHEREAS, the next 2000 Census will determine apportionment of seats in the United States House of Representatives, state legislatures, and local governments and is the basis for the allocation of billions of dollars of Federal funding; and WHEREAS, the City of Brooklyn Center is committed to a full and accurate Census count and is placing special emphasis on enumerating members of traditionally undercounted population groups; and NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim Census 2000 as a top priority for all elected and appointed officials and encourage the community to place an emphasis on partnering with the U.S. Census Bureau in achieving an accurate and complete count in Census 2000. ® Date Mayor Attest: City Clerk November 2, 1999 MEMO TO: Michael J. McCauley, City Manager c FROM: ne A. Chambers, Assistant City Manager 5 3 SUBJEC U.S. Census 2000 A representative of the U.S. Census, Irene M. Gomez - Bethke, has visited with me and requested that the City of Brooklyn Center participate in a partnership agreement with the Kansas City Regional Census Center for the 2000 count. This partnership would be to promote the complete count of all citizens of Brooklyn Center, and is part of the complete count effort being made nationwide by the Census Bureau. To participate in the complete count partnership, the City needs to return a partnership agreement form, and designate a staff member to work on complete count activities with the Community Partnership Specialist, who for Brooklyn Center will be Ms. Gomez - Bethke. The City's participation is on a voluntary basis, and we are able to participate in as many or as few partnership activities as we deem necessary to assure a complete count, and as staff availability allows. I have reviewed the partnership agreement and concluded that the City of Brooklyn Center could participate in the following activities to promote a complete count. + Issue a Proclamation endorsing the Census and complete count efforts ► Distribute Census Information in City Watch newsletters ► Display Census 2000 promotional materials ► Assist with Census Recruitment by posting Census jobs ► Identify hard -to- enumerate areas in Community ( Already done, staff has met with census staff to identify areas) ► Provide Census media coverage through Cable Channel 12 focus slots A proclamation has been developed for Council consideration at their meeting November 8, 1999. If the Council endorses the proclamation, and the Mayor will be asked to sign the • partnership agreement on behalf of the City of Brooklyn Center outlining the above activities. City Council Agenda Item No. 9f MEMORANDUM DATE: November 3, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Establishing 2000 Street and Storm Drainage Special Assessment Rates In accordance with the City's Special Assessment Policy, the City Council annually establishes assessment rates for street improvement projects. It is the intent of the Council that special assessments are levied against any property that can be deemed to benefit from such an improvement. Assessments for residential properties are made on a unit basis which applies to all single family residential properties benefitting from any street improvement project that year, and are intended to represent a specific portion of the average cost of reconstructing a typical residential street. Assessments for non - residential or multiple family residential projects are computed separately for each project. For 1999, the Council adopted a unit rate for street reconstruction of $2,120 per parcel and for storm drainage improvements $690 per parcel that provided for an average 38 percent of the project cost to be assessed. Staff recommends the proposed assessments for 2000 be increased to a per unit rate for street reconstruction of $2,180 per parcel and for storm drainage improvements of $710 per parcel. Total assessments for 2000 would then be $2,890 per parcel, compared to $2,810 in 1999, a 2.8 percent increase. This is the rate of increase in the Construction Index for August, 1998 to August 1999. The residential assessment rates for street reconstruction will apply to properties in R -1, R -2 or R -3 zoned districts. These rates will also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two- family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2000 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, Resolution No. 85 -34 established residential street and storm drainage special assessment rates for street reconstruction projects; and WHEREAS, the residential assessment rates are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the proposed street assesment rates for 2000 equivalent to 38 percent of an average project cost; and WHEREAS the R -4 R -5 R -6 and R -7 zoned districts should be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two - family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. 2. The residential assessment rates for street reconstruction effective January 1, 2000 shall be as follows: Land Use 2000 Assessment Rates R -1 zoned, used as one - family $2,180 per lot (street) . site that cannot be subdivided $ 710 per lot (storm drainage) Resolution No. Land Use 2000Assessment Rates R -2 zoned, or used as a two - family $29.07 per front foot with a site that cannot be subdivided $2,180 per lot minimum (street) $9.47 per front foot with a $710 per lot minimum (storm) R -3 zoned Assessable frontaLye x $29.07 (street) Number of residential units Assessable frontage x $9.47 storm Number of residential units 3. The residential assessment rates for street reconstruction shall not apply to R -4, R- • 5, R -6, or R -7 zoned districts. The assessment rates for street reconstruction for R- 4, R -5, R -6, or R -7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. 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. 9g • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT THE CUB FOODS DEVELOPMENT SITE WHEREAS, attached to and incorporated herein by reference is Exhibit A as a proposed shopping center lease between Brookdale Corner LLC and the City of Brooklyn Center for the operation of an approximately 6,300 square feet liquor store; and WHEREAS, the terms and conditions set forth in the shopping center lease attached hereto as Exhibit A appear to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the shopping center lease attached hereto as Exhibit A on behalf of the City of Brooklyn Center with such finalization of the exact language to be set forth in the Exhibits as are deemed acceptable by the City Manager to finalize the exact descriptions set forth in the Exhibits. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center A great place to start. A great place to stay. • To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 4, 1999 Re: CUB Liquor Lease The outline of the terms for leasing a store at the Cub Foods development would be: - Initial 10 year term with an option to extend an additional 10 years - we are working on final language allowing cancellation if Cub closes during term - Base rent is $91,350 during years 1 -5 ($14.50 per sq. foot) $100,170 during years 6 -10 ($15.90 per sq. foot) If option to renew exercised ® $108,360 during years 11 -15 ($17.20 per sq. foot) $116,550 during years 16 -20 ($18.50 per sq. foot) - Percentage rent is paid: 1.5% of gross sales above $3 Million per year (years 1 -5) 1.5% of gross sales above $3.2 Million per year (years 6 -10) If option to renew exercised 1.5% of gross sales above $3.4 Million per year (years 11 -15) 1.5% of gross sales above $3.6 Million per year (years 16.20) - City is responsible for pro rata share of common area maintenance and management costs and real estate taxes on the lease premises. Estimate is $6.19 for cam and taxes. - Developer to provide space ready for City to finish. Finish and equipping estimated in the $150,000 to $190,000 range. Funds to finish would ultimately come from the sale of Humboldt. The funds would be advanced as a loan. If the school district deal is finalized, that would be the source of loan repayment. - The types of businesses allowed are limited in the center. Among the uses prohibited are pawn shops, tattoo parlors, and currency exchanges. • 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 ! Our expectations for the store are that we would achieve an overall meeting of the financial goals for the liquor enterprise in 2000 with the closing of 2 stores and the opening of the Cub store. A conservative approach has been used to project the budget for 2000. Sales at the Cub site should result in an overall increase in profitability for the liquor enterprise over time. EXHIBIT A SHOPPING CENTER LEASE THIS LEASE (the "Lease ") is made as of this November , 1999, by and between BROOKDALE CORNER, LLC, a Minnesota limited liability company ( "Landlord "); and CITY OF BROOKLYN CENTER, a Minnesota municipal corporation ( "Tenant "). Landlord and Tenant, intending to be legally bound, hereby covenant and agree as follows: ARTICLE 1. LEASE SUMMARY AND DEFINITIONS The following definitions apply in this Lease: 1.1) Base Rent - PERIOD BASE RENT RATE ANNUAL BASE MONTHLY BASE PER SQUARE FOOT RENT RENT Initial Term Lease Years 1 -5 $14.50 $91,350.00 $7,612.50 Lease Years 6 -10 $15.90 $100,170.00 $8,347.50 Extension Term Lease Years 11 -15 $17.20 $108,360.00 $9,030.00 Lease Years 16 -20 $18.50 $116,550.00 $9,712.50 1.2) Center - The land in Brooklyn Center, Minnesota, legally described on Exhibit A and all improvements, parking, structures, fixtures, and appurtenances from time to time servicing and appurtenant thereto. 1.3) Exhibits and Riders - Exhibits A, B, C, D, E, F and G are attached hereto and incorporated herein. 1.4) Landlord's Address - c/o Welsh Companies, Inc., Attention: John J. Johannson, is 8200 Normandale Avenue South, Suite 200, Bloomington, Minnesota 55437. • 1.5) Percentase Rent - One and one -half percent (1.5 %) of Tenant's Gross Sales (as defined below) in excess of the following annual Gross Sales breakpoints: Initial Term: Lease Years 1 -5 $3,000,000.00 Years 6 -10 $3,200,000.00 Option Period: Years 11 -15 $3,400,000.00 Years 16 -20 $3,600,000.00 1.6) Permitted Use - The Premises shall be used for the operation of a municipal liquor store for off - premises consumption and uses incidental thereto. 1.7) Premises - The space shown as the Premises on Exhibit B, which is approximately Six Thousand Three Hundred (6,300) rentable square feet located in the Center, which shall be constructed in accordance with Exhibit C attached hereto. 1.8) Use Restrictions - The use restrictions as provided in Article 5 of the Lease Agreement between Landlord and Diamond Lake 1994, L.L.C. dated May 12, 1999 (the "Cub Foods Lease Restrictions ") shall apply to Tenant's use of the Premises, a copy of which are attached hereto as Exhibit E and incorporated herein. 1.9) Tenant's Address - City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199. 1.10) Tenant's Business or Trade Name -"Brooklyn Center Liquor ". 1.11) Term -Ten (10) years, commencing on the earlier of (a) the date Tenant opens for business or (b) sixty (60) days following Landlord's delivery of the Premises to Tenant with Landlord's Work substantially completed (the "Commencement Date "), unless sooner terminated as set forth herein. The Term may be extended as provided in Exhibit D. ARTICLE 2. DEMISE, TERM 2.1) :Landlord hereby leases to Tenant and Tenant hereby leases the Premises from Landlord, subject to the terms of this Lease and the matters of record against the Center listed on • Exhibit F attached hereto, together with the appurtenances specifically granted in this Lease including the nonexclusive use of the Common Areas (as defined below), but reserving and excepting to Landlord the use of the exterior walls (other than storefront), the roof, and the right to install, maintain, use, repair, and replace pipes, ducts, conduits, wires, and appurtenant fixtures leading through the Premises. 2.2) The term "Lease Year" as used herein shall refer to each twelve (12) month period during the Term commencing on the Commencement Date. 2.3) If Tenant fails to open the Premises for business fully fixtured, stocked, and staffed on the Commencement Date, Landlord may, in addition to all other remedies available under this Lease; or at law, terminate this Lease upon not less than three (3) days' notice to Tenant. 2.4) In the event the grocery store located adjacent to the Premises permanently closes, Tenant shall have the exclusive right to terminate this Lease upon six (6) months prior written notice to Landlord. Tenant's right to terminate this Lease shall not apply to and Tenant's termination notice shall be deemed rescinded if Landlord replaces the existing grocery store operator with an experienced multi -unit grocery store operator during the six (6) month period which follows Tenant's notice to Landlord. Tenant's right to terminate this Lease shall not apply to a temporary closing of the grocery store for reconstruction or restoration after condemnation or casualty, temporary closing for remodeling, a temporary closing for an other reason not tY, p �' g g, p �S' g Y to exceed ninety (90) days. ARTICLE 3. BASE RENT Tenant shall pay to Landlord the Base Rent payable in equal monthly installments, on or before the first day of each and every month starting on the Commencement Date and continuing during each Lease Year. If the Commencement Date is other than the first day of a calendar month, the Base Rent for the first and last fractional month shall be prorated. ARTICLE 4. PERCENTAGE RENT 4.1) Tenant shall pay to Landlord, without setoff, deduction, or demand, within thirty (30) days after .Tune 30 (the "Midyear Date ") and December 31 (the "Year -End Date ") during the Term, Percentage Rent equivalent to the amount by which the percentage (specified in Section 1.5 hereof) of Gross Sales (as defined below) for each six (6) month period exceeds one- half of the annual Gross Sales breakpoint specified in Section 1.5 hereof for such six (6) month period. Each semi - annual payment of Percentage Rent shall be computed based on the statements of Gross Sales referred to in this Article 4. Within thirty (30) days after delivery of the annual statement of Gross Sales, Landlord or Tenant (as the case may be) shall make an adjusting payment in the amount of the difference between the Percentage Rent actually paid by • Tenant during the preceding calendar year and the final Percentage Rent payable for such calendar year, based upon such statement, provided that any adjusting payment by Landlord shall 3. • be subject to any audit under this Section 4 and neither party shall be entitled to interest on any such payment. 4.2) `'Gross Sales" shall mean the sum of: (a) the actual selling price of all goods sold; (b) the rent received or due and receivable for all goods leased, if any; (c) the charges for all services rendered, if any; and (d) the receipts and receivables from all other business conducted on or from the ',Premises (or elsewhere if connected with a solicitation by Tenant or any other person on or from the Premises, or if the goods sold were removed from the Premises) without reserve or deduction for uncollected or uncollectible accounts, and irrespective of where the order or purchase pertaining to such transaction is received or executed or how it is communicated. Gross Sales does not include: an exchange of merchandise between stores of Tenant where the exchange is made solely for the convenient operation of Tenant's business; returns to shippers or manufacturers; sales of fixtures, machinery, or equipment after their use in Tenant's business; lottery ticket sales; refundable customer deposits; and sums collected from customers for and paid to a taxing authority by Tenant for retail sales, excise or similar tax imposed by a governmental authority. 4.3) Tenant shall deliver to Landlord: (a) not later than the 30th day after the Midyear Date and the Year -End Date, a written statement certified by Tenant, showing the Gross Sales for the preceding six (6) calendar months of the calendar year; and (b) not later than sixty (60) days after the end of each calendar year, a written statement of Gross Sales for the preceding such calendar year, certified by an independent certified public accountant or by the chief financial officer of Tenant, all in such form and style and containing such details and breakdowns as Landlord may reasonably require. 4.4) If Tenant fails to deliver any statement referred to in this Section 4 within the time stipulated therein, Landlord may, in addition to all other remedies available to Landlord and without notice to Tenant, employ a certified public accountant to examine the books and records of Tenant and to certify the amount of Gross Sales for the applicable period. 4.5) After delivery of each statement of Gross Sales referred to in this Section 4 or certification of the amount of Gross Sales in accordance with Section 4.4, Landlord may establish the amount of Percentage Rent to be paid by Tenant for the applicable period. 4.6) Tenant shall keep or cause to be kept on the Premises or at Tenant's administrative office, for a period of not less than two (2) years following the end of each calendar year, full and accurate records of all business from which its Gross Sales may be readily and accurately determined including, without limitation, all pertinent original sales records. Landlord or its appointee shall have access to the Premises at any and all times during normal business hours for the purpose of examining and reviewing all such records. 4.7) Landlord, in addition to all other rights and remedies available to it, may from time to time have all or any of Tenant's records and procedures affecting the determination of Gross Sales audited or examined by an independent certified public accountant (who may be Landlord's accountant). If such accountant shall report in such audit that Tenant's records and procedures were inadequate, or Tenant was not in compliance with this Section 4, Tenant shall 4. take such steps as may be recommended, necessary, or advisable to remedy the default. If the audit states that Tenant's records and procedures were not sufficient to permit a determination of Gross Sales for any period, and sets out a determination of Gross Sales for such period, Tenant shall pay to Landlord the amount necessary to adjust any underpayment of Percentage Rent, with interest thereon from the date it was originally due until the date it is paid, at an annual rate of eighteen percent (18 %) (or the maximum rate permitted by applicable law, whichever is less) (the "Interest Rate "). Every such estimate shall be binding upon Tenant unless Tenant proves it inaccurate within thirty (30) days thereafter. All costs of any audit, examination, or report under this Section 4, shall be payable by Tenant to Landlord on demand, as Additional Rent, if the audit states that Tenant's records and procedures were inadequate, Tenant was not complying with any provision in this Section 4, or Gross Sales or Percentage Rent for any period as determined by such accountant were greater than those reported or paid by Tenant. ARTICLE 5. ADDITIONAL RENT 5.1) Tenant shall pay, without setoff, deduction, or demand (unless otherwise noted), as "Additional Rent," Tenant's share of Center Costs (as defined below) for each calendar year during the Term, as determined by Landlord, and all other sums of money required under this Lease to be paid to Landlord or others by Tenant. If the Commencement Date is other than the first day of a calendar month, Additional Rent for the first and last fractional month shall be prorated. 5.2) The "Common Areas" shall be those portions of the Center which are not now or hereafter leased to tenants including parking areas, roadways, pedestrian sidewalks, truckways, loading docks, delivery areas and landscaped areas. The use and occupancy by Tenant of the Premises shall include the right to use, in common with all others to whom Landlord has or may hereafter grant rights to use the same, the Common Areas, subject, however, to such rules and regulations for the use thereof as may be prescribed from time to time by Landlord. Landlord has made no representation as to identity, type, size, or number of other stores or tenancies in the Center, and Landlord reserves the unrestricted right to change the improvement perimeters, driveways, parking areas, store sizes, and, except as provided in Exhibit D, identity and type of other stores or tenancies and add buildings and other structures, provided only that the size of the Premises, reasonable access thereto, reasonable visibility of the Premises and parking therefor shall not be substantially or materially impaired, subject to the provisions of Article 13 hereof. Landlord shall operate and maintain the Common Areas or shall cause the same to be operated and maintained in a manner deemed by Landlord to be reasonable, appropriate and for the best interests of the occupants of the Center. 5.3) "Center Costs" shall be all costs incurred by Landlord in connection with operating, managing, maintaining, repairing, lighting, cleaning, heating, air conditioning, ventilating, painting, insuring (including liability insurance for personal injury, death and property liability, insurance against fire, theft or other casualties, rent insurance for business interruption and the costs of all deductible amounts under such policies), removal of snow, ice, 5. debris and surface water, sewer, striping, security police (including cost of uniforms, equipment and all employment taxes), electronic intrusion and fire control devices and telephonic alert system devices, inspecting, equipment depreciation, Workers' Compensation Insurance covering personnel, fidelity bonds for personnel, insurance against liability for defamation and claims of false arrest occurring in and about the Common Areas, regulation of traffic, fees for permits, program services and loudspeaker systems, all costs and expenses associated with holiday decorations, all costs and expenses (other than those of a capital nature) of replacement of paving, curbs, sidewalks, walkways, roadways, parking surfaces, landscaping, drainage, utilities, lighting facilities and roofs and a management fee of four percent (4 %) of net rent shall be added for the management of the Center. Center Costs shall not include any initial construction costs of a capital nature nor profit or interest on Landlord's investment, but shall include the acquisition cost (rental fees and/or purchase price or in lieu of purchase price, the annual depreciation allocable thereto) of machinery and equipment used in connection with the maintenance and operation of the Center and the Common Areas, provided, however, that the acquisition costs of any such machinery or equipment shall be amortized over the useful life of such machinery or equipment as determined by Landlord in its sole and absolute discretion. 5.4) Tenant's share of Center Costs shall be based on the proportion the total rentable area of the Premises bears to the total rentable area of the Center and, in the case of Taxes, shall be based on the proportion the total rentable area of the Premises bears to the total rentable area of the Center. The monthly payments of Additional Rent shall be based on Landlord's • reasonable estimate of Center Costs made at the beginning of each calendar year. Within one hundred twenty (120) days after the end of each calendar year, Landlord shall furnish a statement of all Center Costs and Tenant's share thereof. If the amount paid by Tenant is less than its share as shown on such annual statement, the balance shall be paid by it within thirty (30) days thereafter. If the amount paid by Tenant is greater than its share as shown on such annual statement, the excess shall be credited against the payment(s) of Rent next due hereunder. Failure by Landlord to timely furnish its statement of Center Costs shall not excuse Tenant from its obligation to pay its prorata share of Center Costs or constitute a waiver of Landlord's right to bill and collect Tenant's prorata share of Center Costs. 5.5) "Taxes" shall mean all taxes, rates, duties, levies, and assessments whatsoever including, without limitation, local improvement taxes and levies, now or hereafter levied, rated, charged, imposed, or assessed by any lawful taxing authority, whether federal, provincial, municipal, school, or otherwise, against the Center or upon Landlord in respect thereof, whether of the foregoing character or not, and all costs, fees, and penalties incurred by Landlord in good faith in contesting, resisting, or appealing such. Taxes shall also include any tax or excise imposed upon Landlord which is measured by or based in whole or in part upon the capital employed by Landlord and includes the amount of any capital or place of business tax levied by any such lawful taxing authority against Landlord with respect to the Center. Taxes shall not include any taxies on Landlord's income nor any sales tax. 5.6) Tenant shall pay, as Additional Rent, to the applicable taxing authority, all taxes • and assessments of any kind attributable to the improvements, trade fixtures, equipment, and 6. • other items installed in the Premises by or for Tenant or to the business carried on in, or the use of, the Premises. 5.7) 'Tenant shall indemnify Landlord against all charges and costs arising with respect to the Taxes or Center Costs due to any action or inaction by Tenant or its agents, contractors, licensees, or employees, or related to the use of the Premises. 5.8) :Base Rent, Percentage Rent, Additional Rent, and all sums due from Tenant under this Lease are collectively referred to herein as the "Rent." ARTICLE 6. USE OF PREMISES 6.1) 'The Premises may be used and occupied only for the Permitted Use and for no other purpose. Tenant agrees to operate the entire Premises, fully stocked and adequately staffed during the Term and to conduct its business at all times in good faith, and in a high grade and reputable manner. Tenant shall promptly comply with all laws, ordinances, and regulations promulgated by any duly constituted governmental authority, and all insurance company requirements affecting the Premises. Tenant shall store and stock in the Premises only such goods, ware, and merchandise as Tenant intends to offer for sale at retail in the Premises. Without limiting the general prohibition against other uses, it is expressly agreed that Tenant in • no event will use or permit the use of the Premises for any of the Prohibited Uses specified in Exhibit E. 6.2) No industrial, manufacturing, or processing activities shall be conducted in the Premises. Tenant shall not use the Premises for any purpose which increases the rate of premium cost or invalidates any policy of insurance covering or carried on the Center or the operation thereof or any part of appurtenances thereof, nor conduct any auction, fire, closing -out or bankruptcy sales in or about the Premises; nor obstruct the Common Areas nor use the same for business or display purposes; nor abuse walls, ceilings, partitions, floors, wood, stone, ironwork; nor use plumbing for any purpose other than that for which constructed; nor make or permit any noise or odor to emit from the Premises that disturbs other occupants of the Center or the Landlord. Tenant shall not create, maintain, or permit a nuisance in the Premises; nor do any act tending to injure the reputation of the Center; nor place nor permit any radio or television antenna, loud speaker, or sound amplifier, or any phonograph or any similar device anywhere but inside the Premises where the same may not be seen nor heard outside the Premises. Tenant shall not permit any entrances to be used for delivery or pick -up of merchandise or supplies to or from the Premises, nor permit trucks or other delivery vehicles for any such purpose to be parked at any place within the Center, except as designated by Landlord and except for the rear door to the Premises shown on the site plan for the Center. 6.3) Subject to limits contained in Minnesota law, Tenant shall conduct its business in the Premises during the business days and hours designated for the Center and shall comply with all rules and regulations regarding the Center promulgated by Landlord from time to time. 7. . 6.4) Tenant shall keep the Premises, and the sidewalks adjacent thereto and loading platform areas allocated for Tenant's use, clean and free from rubbish and dirt at all times, and shall store all trash and garbage within the Premises and will make the same available for regular pick -up which Tenant will obtain, at the Tenant's expense. Tenant shall not burn any trash or garbage at any time in or about the Center. 6.5) Tenant shall at all times use and occupy the Premises in strict accordance with the provisions, limitations and restrictions contained in the Cub Foods Lease Restrictions. ARTICLE 7. UTILITIES 7.1) Tenant shall contract for and pay for all heating, air conditioning, electricity, gas, water, sewer charges, and other utilities used in the Premises. 7.2) Landlord shall not be liable for any damages, losses, claims, or costs related to the furnishing by Landlord or by any other person or entity of any utility or service to the Premises. 7.3) Landlord has advised Tenant that Northern States Power Company is the utility company selected by Landlord to provide electric service for the Center. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Term to either contract for service from a different company or companies providing electric service or continue to contract for service from the current service provider. ARTICLE 8. REPAIRS 8.1) Landlord shall make necessary structural repairs to the foundations, exterior wall surfaces (except plate glass or glass or other breakable materials used in such structural portions) and roof of the Premises, and if necessary or required by proper governmental authority, make modifications or replacements thereof, except that Tenant shall be liable for any repairs, modifications, or replacements which are necessary or desirable due to the negligence of Tenant, its agents, licensees, invitees, or employees, or by reason of anyone illegally entering the Premises. 8.2) Except as provided in Section 8. 1, Tenant shall make all repairs, replacements, or improvements of any kind upon the Premises, or any equipment, facilities or fixtures therein contained. Without limiting the generality of the foregoing, Tenant is specifically required to make repairs and replacements (a) to the portion of any pipes, lines, ducts, wires or conduits contained within the Premises; (b) to windows, plate glass, doors and any fixtures or appurtenances composed of glass, floor coverings, ceilings and wallcoverings; (c) to Tenant's sign(s); (d) to any heating or air conditioning equipment serving the Premises; and (e) to the Premises or the Center when repairs to the same are necessitated by any act or omission of Tenant or the failure of Tenant to perform its obligations under this Lease. In addition, upon 8. Landlord's request, Tenant shall promptly furnish to Landlord evidence that Tenant has performed recommended maintenance and service on the heating and air conditioning equipment serving the Premises. Tenant shall maintain the Premises in a clean, sanitary, and safe condition and in accordance with all applicable laws, ordinances, and regulations. Tenant shall permit no waste, damage, or injury to the Premises. 8.3) Tenant shall, at its expense, immediately replace with materials of the same quality, any cracked or broken glass, or other breakable materials used in the structural portions of, and any interior and exterior windows or doors in, the Premises. If required by Landlord, Tenant shall maintain a policy with a company acceptable to Landlord insuring Landlord and Tenant, as their interests may appear, against breakage of all such glass in the Premises. 8.4 Tenant shall g ive immediate notice to Landlord in case of fire or accidents in the Premises or the Center, or of defects therein. 8.5) Notwithstanding any other provision of this Lease, all repairs, replacements, maintenance, alterations, decorations, improvements and other matters which are the responsibility of Tenant under this Lease may be paid or performed by Landlord, at Landlord's option and Tenant's expense, if Tenant has failed to fulfill such obligations. Upon fulfillment of such obligations by Landlord, Tenant shall pay to Landlord, on demand, as Additional Rent, Landlord's costs and expenses in connection therewith, together with a sum equal to fifteen percent (15 %) of the total of all such costs and expenses representing Landlord's overhead. ARTICLE 9. INSTALLATIONS, ALTERATIONS, AND SIGNS 9.1 Except for professionally prepared window and door signs covering P P YP P g g not more than fifty percent (50 %) of window and door area and the signage depicted and/or described on Exhibit G attached hereto (the "Approved Signage "), Tenant shall not erect or install any exterior or interior window or door signs, advertising media, window or door lettering, placards, or other signs in the Premises or elsewhere, without obtaining Landlord's prior written consent in each instance. Tenant shall not install any lighting or plumbing fixtures, shades or awnings, or make any decoration or painting, or make any changes to the exterior of the Premises or the Approved Signage, without Landlord's prior written consent in each instance. 9.2) Tenant shall not make any repairs, alterations, or additions to the Premises, or make any contract therefor, without first procuring Landlord's written consent and delivering to Landlord the plans and specifications and copies of the proposed contracts and necessary permits, and furnishing indemnification against liens, costs, damages, and expenses, as may be required by Landlord. All alterations, additions, improvements, and fixtures, including floor coverings, (other than trade fixtures), which are made by either parry hereto to the Premises shall become the property of Landlord at the end of the Term, and shall remain upon and be • surrendered with the Premises as a part thereof, all without compensation or credit to Tenant. 9. 9.3) Tenant shall not suffer or permit any mechanic's or other liens or encumbrances, for work, labor, services, or materials ordered by it or for the cost of which it may in any way be obligated (the "Tenant's Liens "), to attach to the Premises or to the Center, and whenever and so often as such Tenant's Liens shall attach or claims therefor shall be filed, Tenant shall, within ten (10) days after Tenant has notice thereof, procure the discharge thereof by payment or by giving security or in such manner as is or may be required or permitted by law. In addition, should any such Tenant's Liens result in Landlord either suffering a delay in receiving payment of all or part of any monies from its Mortgagee or result in such Mortgagee advancing funds that are not made available to Landlord for its sole use, Tenant shall be responsible for and shall pay to Landlord, on demand, an amount equal to the sum of. interest on such monies and funds at the Interest Rate, until Tenant's Liens have been discharged; an administration fee equal to fifteen percent (15 %) of such Tenant's Liens and such interest; and any damages, legal and/or other fees or costs suffered or incurred by Landlord in arranging for removal of Tenant's Liens or otherwise in connection with such Tenant's Liens. ARTICLE 10. INDEMNITY 10.1) Tenant agrees to indemnify and save Landlord, and its members, agents, contractors, invitees, customers, employees, and licensees, harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorneys' fees for the defense thereof, arising from the conduct or management of the business conducted by Tenant in the Premises or from any breach or default on the part of Tenant in the performance of any covenant which Tenant is to perform pursuant to this Lease, or from any act or negligence of Tenant, its agents, contractors, invitees, customers, employees, or licensees, in or about the Premises or the Center. If any action or proceeding is brought against Landlord due to any such claim, upon notice from Landlord, Tenant shall defend such action or proceedings, with counsel satisfactory to Landlord. Landlord shall not be liable, and Tenant waives all claims, for damage to person or property sustained by Tenant relating to the Center, including, but not limited to, damage caused by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures. Tenant indemnifies Landlord from all such liability due to any damage or claim related to the Premises or this Lease. All property in the Premises and all property of Tenant's in the Center shall be there at Tenant's risk, and Landlord shall not be liable for any damage thereto or theft or misappropriation thereof. Nothing in this Lease shall be deemed a waiver by Tenant of the limitations on liability set forth in Chapter 466 of Minnesota Statutes and Tenant's obligation to indemnify Landlord shall be limited to the amount specified in Chapter 466 of Minnesota Statutes, less any amounts which Tenant is required to pay on its own behalf for claims arising out of the same occurrence. 10.2) Landlord hereby waives and releases all claims, liabilities, and causes of action against Tenant and its agents, servants, and employees for loss or damage to, or destruction of, ® the improvements in or on the Center resulting from fire, explosion or other perils insured against by Landlord's insurance, whether caused by the negligence of any of said persons or 10. • otherwise, provided that Landlord's insurer shall consent thereto without additional premium, or if additional premium is charged, Tenant pays the same. Tenant hereby waives and releases all claims, liabilities, and causes of action against Landlord and its agents, servants, and employees for loss or damage to, or destruction of, any of the improvements, fixtures, equipment, supplies, merchandise or other property, whether that of Tenant or of others in, upon or about the Premises or the improvements in the Center resulting from fire, explosion, or the other perils insured against by Tenant's insurance, whether caused by the negligence of any of said persons or otherwise. ARTICLE 11. INSURANCE 11.1) Landlord shall carry and maintain insurance against such perils and in such amounts as Landlord may from time to time determine consistent with coverage which is now, or may in the future be, considered prudent for similar income producing property situated in the Minneapolis -St. Paul metropolitan area or which any Mortgagee requires Landlord to carry. The named insured on all policies of insurance maintained by Landlord shall be the Landlord, and, if required, any Mortgagee. The cost of all insurance maintained by Landlord shall be a Center Cost. 11.2) Tenant shall carry and maintain, during the Term, at Tenant's expense, the following types of insurance, issued by an insurer satisfactory to Landlord, in the following amounts and form: (a) Commercial General Liability and Property Damage insurance on an occurrence basis with respect to Tenant's business and occupancy of the Premises with limits of not less than One Million Dollars ($1,000,000) per occurrence naming Landlord and any Mortgagee (as defined below) as additional insureds. Such insurance shall contain a provision including coverage for all liabilities of, or assumed by Tenant under this Lease (including all of Tenant's indemnity obligations hereunder). (b) The plate glass described in Section 8 hereof, if applicable. (c) Worker's Compensation insurance for all of Tenant's employees working in the Premises in an amount sufficient to comply with applicable laws and regulations. (d) Fire insurance, including extended coverage, vandalism and malicious mischief and demolition and debris removal, insuring for an amount not less than the current replacement cost of all of Tenant's leasehold improvements, trade fixtures, and merchandise, and all personal property from time to time in or upon the Premises. All policy proceeds shall be used to repair or replace the property damaged or destroyed. 11.3) All policies described in Section 11.2 must provide that they cannot be altered, • cancelled, or allowed to expire without at least thirty (30) days' prior written notice to Landlord and any Mortgagee (as defined below). Tenant shall, on or before the Commencement Date, and 11. thereafter at least ten (10) days prior to the expiration of each such policy, promptly deliver to Landlord a certificate or other evidence of such policies and evidence satisfactory to Landlord that all premiums have been paid and all policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within forty-eight (48) hours after written notice from Landlord, Landlord may, in Landlord's sole discretion, purchase such insurance coverage required at Tenant's expense and Tenant shall reimburse Landlord on demand for such expense. ARTICLE 12. DAMAGE BY FIRE OR OTHER CASUALTY 12.1 If the Premises are artiall damaged b fire or other insured casual so as to be Y P g Y casualty partially or totally untenantable, the same shall be repaired as soon as reasonably possible thereafter, at Landlord's expense, subject to Section 12.2 hereof, and a proportionate part of the Base Rent shall be abated for the length of time and to the extent to which the Premises are untenantable due to such damage. 12.2) If the Center shall be damaged by a casualty and: (a) more than twenty -five percent (25 %) thereof is rendered untenantable; or (b) such damage is uninsured or the cost of repair exceeds the insurance proceeds available to Landlord; or (c) a Mortgagee (as defined below) refuses to allow insurance proceeds to be used for such repairs, then Landlord may, at its option, rebuild or restore such portion of the Center within a reasonable time thereafter, or may, at its election, by notice in writing to Tenant, within sixty (60) days after such damage, terminate this Lease. If Landlord elects to restore such portion of the Center, it shall, within such sixty (60) day period, give Tenant notice of its intention to do so and proceed with the restoration as promptly as may be reasonable, and a proportionate part of the Base Rent shall be abated for the length of time and to the extent the Premises are untenantable due to such damage. 12.3) Notwithstanding anything contained in this Article 12 or in this Lease to the contrary, if fire or other insured casualty renders the Premises substantially untenantable and the Premises is not made tenantable within six (6) months after the date of the fire or other insured casualty, Tenant may terminate this Lease by giving written notice thereof to Landlord of such termination and this Lease shall terminate and be of no further force and effect from and after the date which is thirty (30) days after the date of Tenant's notice unless Landlord completes restoration of the Premises within such thirty (30) day period in which case Tenant's exercise of its termination right shall be null and void. ARTICLE 13. EMINENT DOMAIN • 13.1) If the entire Premises or the entire Center is taken by any public authority under the power of eminent domain or by a conveyance in lieu thereof (a "Taking "), then the Term shall cease as of the day possession shall be taken by such public authority. If a Taking of more 12. than ten percent (10 %) of the Center occurs, Landlord shall have the right to terminate this Lease by giving to Tenant thirty (30) days' written notice thereof, effective on the date of possession by such public authority. If Landlord elects not to terminate the Lease, Rent will be reduced in proportion to the square footage of the Premises, if any, that is untenantable due to such Taking until such time as Landlord shall restore the Premises to as much like its former condition as is feasible or relocate the Premises elsewhere within the Center. 13.2) All damages awarded for a Taking shall be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value of the leasehold or fee interests in the Premises. ARTICLE 14. ASSIGNMENT AND SUBLETTING 14.1) In the event Tenant no longer operates municipal liquor stores, Tenant may assign this Lease upon prior written consent of Landlord, which consent shall not be unreasonably withheld, provided however, Tenant's proposed assignee must possess financial capabilities deemed reasonably acceptable to Landlord. Except as otherwise provided herein, Tenant shall not assign or in any manner transfer this Lease or any interest therein, nor sublet the Premises or any part or parts thereof, nor pledge or mortgage its interest in the Lease or the Premises, nor permit occupancy of any portion of the Premises by anyone with, through or under it (an "Assignment "), without Landlord's prior written consent. If Tenant is a corporation, partnership or other entity, any change in the control of Tenant shall be deemed to be an Assignment. Consent by Landlord to an Assignment shall not operate as a waiver of Landlord's rights with respect to any subsequent Assignment. No Assignment shall release Tenant of any of its obligations under this Lease. 14.2) Tenant agrees not to change Tenant's trade or business name set forth in Section 1.10 hereof, without Landlord's prior written consent. 14.3) Neither this Lease nor any interest therein, nor any estate thereby created, shall pass to any trustees or receivers in bankruptcy, or any assignees for the benefit of creditors, or by operation of law, unless Landlord's prior written consent has been obtained. 14.4) In the event of the sale, transfer, or lease by Landlord of the Center, or any interest therein, or assignment by Landlord of this Lease or any interest of Landlord therein, to the extent that the purchaser, transferee, lessee, or assignee assumes the covenants and obligations of Landlord which under this Lease from and after the date of such sale, transfer or lease, Landlord shall, without further written agreement, be freed and relieved of liability under such covenants and obligations. This Lease may be assigned by Landlord to any Mortgagee (as defined below) as security. 13. ARTICLE 15. ACCESS TO PREMISES Landlord shall have the right to enter upon the Premises at all reasonable hours for the purposes of the inspecting thereof, the making repairs, additions, or alterations thereto, or the exhibiting thereof to prospective tenants, purchasers, or others. Landlord shall have the right to place "for rent" sign(s) in the Premises during the last six (6) months of the Term. Landlord shall not be liable to Tenant in any manner for any expense, loss, or damage by reason of Landlord's exercise of any of these rights, nor shall the exercise of such right be deemed an eviction or disturbance of Tenant's use or possession. ARTICLE 16. DEFAULTS AND REMEDIES 16.1) If, during the Term: (a) Tenant shall make an assignment for the benefit of creditors; (b) a voluntary petition be filed by Tenant under the Bankruptcy Code of the United States or any state statute similar thereto, or Tenant be adjudged insolvent or a bankrupt pursuant to an involuntary petition; (c) a receiver or trustee be appointed for the property of Tenant by reason of insolvency of Tenant; (d) any department of the state or federal government, or any officer thereof duly authorized, shall take possession of the business or property of Tenant by ® reason of the insolvency of the Tenant; (e) if, under Chapter 11 of the Bankruptcy Code, Tenant continues in possession without the appointment of a receiver or trustee; (f) Tenant is the subject of any petition or proceeding related to relief from creditors, the Lease shall, upon the happening of any of such contingencies (the "Contingencies ") and at Landlord's option, be terminated and the same shall expire as fully and completely as if the day of the happening of such Contingency were the date herein specifically fixed for the expiration of the Term, and Tenant will then quit and surrender the Premises, but Tenant shall remain liable as hereinafter provided. 16.2) If, during the Term, Tenant shall default in fulfilling any of the covenants of the Lease, except as set forth in Section 16.3 hereof, Landlord may give Tenant notice of any default and if, upon the expiration of twenty (20) days after the service of such notice, such default shall continue to exist, Landlord, at its option, may terminate the Lease and upon such termination, Tenant will quit and surrender the Premises to Landlord, but Tenant shall remain liable as hereinafter provided. 16.3) If: (a) Tenant shall default in the payment of any installment of Rent; or (b) if the Lease shall terminate as provided in Sections 16.1 and 16.2, Landlord or Landlord's agents and servants may immediately or at any time thereafter reenter the Premises and remove all persons and all or any property therefrom, either by summary dispossession proceedings or by any suitable action or proceedings at law or by force or otherwise, and repossess and enjoy said Premises, together with all additions, alterations, and improvements, without reentry and . repossession working forfeiture or waiver of the Rent to be paid and the covenants to be performed by Tenant during the Term. Upon the termination of this Lease due to Tenant's 14. breach thereof, or upon Landlord recovering possession of the Premises in any manner, Landlord may, at its option, at any time and from time to time, relet the Premises, or any part thereof, for the account of Tenant or otherwise, and receive and collect the rent therefor, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including legal expenses and attorneys' fees, and for putting the same into good order or condition or preparing or altering the same for rerental, and all other expenses, commissions, and charges, paid, assumed, or incurred by Landlord in or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting may be for the remainder of the Term or for a longer or shorter period. Whether or not the Premises, or any part thereof, be relet, Tenant shall pay to Landlord the Rent required to be paid by Tenant up to the time of such termination of the Lease, and thereafter, except in a case where liability of Tenant as hereinafter provided arises by reason of the happening of any of the Contingencies, Tenant covenants and agrees, if required by Landlord, to pay to Landlord until the end of the Term the equivalent of the amount of all Rent reserved herein less the net proceeds of reletting, if any. Landlord may, at its option, recover from Tenant, as damages for loss of the bargain and not as penalty, an aggregate sum which at the time of such termination of the Lease or such recovery of possession of the Premises by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Rent payable by Tenant hereunder that would have accrued for the balance of the Term over the aggregate rental value of the Premises for the balance of such Term. 16.4) The specified remedies to which Landlord may resort under the terms of the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision of the Lease. The failure of Landlord to insist in any one or more cases upon the strict performance of any of the covenants of the Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option. A receipt by Lessor of Rent, including payment of Rent by Tenant's receiver, trustee in bankruptcy, creditor, or assignee, with knowledge of breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by Landlord of any provisions of this Lease shall be deemed to have been made unless in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction for the violation or attempted or threatened violation of the covenants, conditions, or provisions of the Lease. 16.5) If Tenant defaults in the performance or observance of any of the terms, conditions, covenants or obligations contained in this Lease and Landlord places the enforcement of all or any part of this Lease, the collection of any rent due or to become due or the recovery of possession of the Premises in the hands of an attorney, or if Landlord incurs any fees or out -of- pocket costs in any litigation, negotiation or transaction in which Tenant causes Landlord (without Landlord's fault) to be involved or concerned, Tenant shall reimburse Landlord for the attorneys' fees and costs incurred thereby, whether or not suit is actually filed. ® 16.6) If Tenant fails to pay, when due, any amount or charges required to be paid or perform any covenant pursuant to this Lease, Landlord may, but shall not be obligated to, pay or 15. perform all or any part of the same. All expenses incurred by or on behalf of Landlord under this Section 16, plus a sum equal to fifteen percent (15 %) thereof representing Landlord's overhead, shall be paid by Tenant to Landlord, on demand, as Additional Rent. Landlord shall have no liability to Tenant for any loss or damages resulting from any such action by Landlord, which shall not constitute breach of the covenant for quiet enjoyment or an eviction or re -entry. 16.7) In the event of any default hereunder by Tenant, Tenant, so far as permitted by law, hereby expressly waives any and all rights to notice, a jury trial, and redemption (under Minn. Stat. Section 504.02 or otherwise), or to restore the operation of this Lease which it may have under applicable laws. 16.8) Tenant's failure to make any monetary payment required of Tenant hereunder within five (5) days after the due date therefore shall result in the imposition of a service charge for such late payment in the amount of ten percent (10 %) of the amount due. In addition, any sum not paid within thirty (30) days after the due date therefore shall bear interest at the Interest Rate from the date due until paid. 16.9) Landlord shall have a lien on all stock -in- trade, inventory, fixtures, equipment, and property of Tenant on or in the Premises as security against any loss or damage resulting from a default hereunder by Tenant, and Landlord may sell the same and apply the sale proceeds to remedy such default and the costs and expenses of Landlord arising therefrom. ARTICLE 17. SURRENDER OF POSSESSION 17.1) At the end of the Term, whether by lapse of time or otherwise, Tenant shall surrender the Premises in good condition and repair, reasonable wear and tear and loss by fire or unavoidable casualty excepted. If the Premises are not surrendered at the end of the Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in doing so, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of Rent and shall inform Landlord of combinations of any locks and safes on the Premises. 17.2) If Tenant remains in possession of the Premises after the end of the Term without the execution of a new lease, it shall be deemed to be occupying the Premises as a tenant from month -to- month, at twice the Rent due and payable in the last month of the Term, subject to all the other conditions, provisions, and obligations of this Lease insofar as the same are applicable to a month -to -month tenancy including payment of Additional Rent. 17.3) Prior to the end of the Term, at Landlord's request, Tenant shall promptly remove any additions, fixtures, and installations placed in the Premises by or for Tenant, and repair any damage occasioned by such removals, at Tenant's expense. If Tenant fails to do so, Landlord i may effect such removals and repairs, and Tenant shall pay Landlord the cost thereof, as Additional Rent, with interest at the Interest Rate from the date of payment by Landlord. 16. • ARTICLE 18. SUBORDINATION 18.1) Tenant agrees that this Lease shall, at the request of the holder of any mortgage (a "Mortgagee ") secured by a lien on all or part of the Center (a "Mortgage "), be subordinate or prior to any Mortgage and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof, and Tenant shall attorn to such Mortgagee. 18.2) Upon Landlord's request, from time to time, Tenant shall (a) confirm in writing and in recordable form that this Lease is subordinate or prior (as Landlord may elect) to any Mortgage and/or (b) execute an instrument making this Lease subordinate or prior (as Landlord may elect) to the lien of any Mortgage, in a form as may be required by any applicable Mortgagee. 18.3) Within ten (10) days after request by Landlord or any prospective purchaser or Mortgagee or other lender, Tenant agrees to deliver to the requesting parry Tenant's most recent financial statements and most recent annual report, if any, all prepared in accordance with generally accepted accounting principles consistently applied. Such statements shall be signed by a duly authorized officer or partner who shall certify that the statement fairly presents the financial condition of Tenant as of the date stated. ARTICLE 19. CONTROL BY LANDLORD 19.1) Landlord shall operate and maintain Center in such manner as Landlord, in its sole discretion, shall determine. Without limiting the generality of the foregoing, Landlord shall have the right to police and supervise the Center; close all or any portion of the same to such extent as may, in Landlord's opinion, be legally sufficient to prevent a dedication thereof, or the accrual of any rights therein, to any person or the public; construct, maintain, operate, and change lighting facilities and heating, ventilating, and air - conditioning systems; grant, enter into, modify, and terminate any agreements pertaining to the use and maintenance of all or any part of the Center and convert portions of the Center from Common Areas to leasable premises, and vice versa, at any time; obstruct or close off all of any part of the Center for maintenance, repair, construction, prevention of misuse or other reasons considered by Landlord to be advisable at any time; and use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment, or structures designed for special features and promotional activities. Landlord shall not make any changes to the Common Areas which would materially and adversely affect the access to or visibility of Tenant's business. 19.2) Landlord may prohibit Tenant and its employees from parking in certain portions of the Center. If Landlord designates tenant parking areas in the Center, Tenant and its • employees shall park their vehicles only in such parking area. Tenant shall furnish Landlord with the license numbers of all vehicles owned or used by Tenant and its employees, within 17. five (5) days after taking possession of the Premises and within five (5) days after any change occurs. If Tenant or any of its employees fail to comply with this Section 19.2, Landlord, may tow any such vehicle, at Tenant's expense, and assess to Tenant a daily charge per vehicle as determined by Landlord, which shall be Additional Rent, payable on demand. ARTICLE 20. ENVIRONMENTAL COMPLIANCE Tenant shall not store, treat, dispose, handle or otherwise use any hazardous or toxic substances, wastes, or materials, or other pollutants or contaminants (collectively "Hazardous Substances "), upon the Premises without the prior written consent of Landlord. Tenant shall at all times remain fully responsible and liable for compliance with all federal, state and local statutes, ordinances, regulations and other requirements relating to human health or the environment which are applicable to the Premises and Tenant's use thereof, including, but not limited to those respecting the storage, treatment, disposal, handling or release of Hazardous Substances (collectively, "Environmental Laws "). Tenant shall indemnify and hold Landlord harmless from any and all claims, causes of actions, damages, penalties, and costs (including attorneys' fees, consultant fees and related expenses) which may be asserted against or incurred b Lan threatened release of an y Landlord resulting from the spill, disposal or other release or hre y Hazardous Substance on the Premises or caused by the Tenant, or resulting from or due to any violation or alleged violation by Tenant of any Environmental Law. Tenant's obligation to • indemnify and hold Landlord harmless hereunder shall survive the expiration or termination of this Lease. ARTICLE 21. MISCELLANEOUS 21.1) Whenever under this Lease a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the parry giving or making the same, and it shall be deemed effective when personally delivered or deposited in the U.S. mails, registered or ' t certified mail, postage prepaid, to Tenant at Tenant's Address, or at the Premises; and o P g P P Landlord, at Landlord's Address. Any party may change the address to which notices to it are sent by written notice as set forth above. 21.2) Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. 21.3) The headings of the several articles contained herein are for convenience only and do not define, limit, or construe the contents of such articles. All negotiations, considerations, representations, and understandings between the parties are incorporated herein. This Lease may ® only be modified or altered by written agreement executed by the parties. 18. • 21.4) The covenants, agreements, and obligations herein contained shall extend to, bind, and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors, and assigns. 21.5) Tenant shall not record this Lease without Landlord's prior written consent. 21.6) No receipt by Landlord of a lesser amount than any installment of Rent due shall be deemed to be other than a partial payment on the total Rent due, nor shall any endorsement or statement on any check or any letter accompany any check or payment as Rent be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 21.7) Unenforceability of any provision contained in this Lease shall not affect or impair the validity of any. other provision of this Lease. The laws of the State of Minnesota shall govern the validity, performance, and enforcement of this Lease. 21.8) Within ten (10) days after request therefor by Landlord, Tenant shall deliver in recordable form a certificate to any proposed Mortgagee or purchaser, or to Landlord, certifying (if such be the case) that this Lease is in full force and effect and there are no defenses or offsets thereto, or stating those claimed by Tenant (the Estoppel Certificate). If Tenant should refuse to execute and deliver the Estoppel Certificate, Landlord shall have the right to cancel this Lease by giving Tenant an additional ten (10) days' notice in writing, whereupon this Lease shall be of no further force and effect. 21.9) Tenant undertakes and agrees that if it has dealt with any agent or broker in connection with its leasing of the Premises, Tenant shall pay any commissions, fees, or other amounts payable to or demanded by such agent or broker and shall indemnify and save Landlord harmless from any such commissions, fees, or amounts. 21.10) The submission of the form of this Lease for examination or execution does not constitute a reservation of or option for the Premises. This Lease shall become effective only upon execution and delivery thereof by Landlord and Tenant. 21.11) Landlord may perform all or any of its obligations hereunder by or through such managing or other agency or agencies as it may from time to time determine, and Tenant shall, as from time to time directed by Landlord, pay to any such agent any sums payable hereunder to Landlord. 21.12) If this Lease is executed by more than one person or parry as Tenant, all covenants, conditions, and agreements herein contained shall be constructed and taken as against all such executing parties as joint and several. 21.13) If Tenant shall at any time obtain any judgment or other remedy against Landlord, ® only the Center shall, notwithstanding any law or statute to the contrary, be available for the satisfaction of any such judgment or other remedy, and Tenant shall look solely to those assets 19. and not to any other or personal assets of Landlord, or of any partner, member or shareholder thereof. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the date first above written. LANDLORD: BROOKDALE CORNER, LLC By: Its: Chief Manager TENANT: CITY OF BROOLYN CENTER By: Its: Mayor By: Its: City Manager 0498878.01 • • 20. EXHIBIT A to LEASE Legal Description of the Center: Lot 1, Block 1, Brookdale Corner, according to the duly recorded plat thereof, Hennepin County, Minnesota. 0498878.01 EXHIBIT B • to LEASE THE PREMISES 0498878.01 • Landlord makes no representation concerning the location or dimensions of common areas or tenant spaces. Landlord reserves the right to configure and reconfigure the common areas and tenant spaces in its discretion. • EXHIBIT C to LEASE CONSTRUCTION AGREEMENT 1. Landlord's Work - Landlord shall deliver the Premises to Tenant with the following work to be performed by Landlord at Landlord's expense ( "Landlord's Work"): A. A complete building shell including roof, concrete slab floor and exterior walls and/or demising walls from the adjacent tenant. No "ship's ladder" or other roof access equipment or structures will be located in the Premises. Landlord shall provide a floor drain for Tenant's cooler and the roof structure shall be sufficient to support the weight of the cooler mechanical equipment to be located on the roof. The concrete slab will be of sufficient thickness to support a fork lift. B. Approximately twenty (20) tons of HVAC (based on a retail standard of 350 square feet per ton). C. 200 amp electrical service to a panel located in the rear of the Premises. D. Final electrical hook -up for coolers. E. Distributed fire sprinkler system and heads. F. No more than eighty -eight (88), two (2) foot by four (4) foot fluorescent light fixtures, or equivalent (one (1) fixture per eighty (80) square feet). G. Convenience wall outlets which comply with Code requirements. H. Phone line conduits to a location designated by Tenant, with final wiring to be performed by Tenant. I. Two (2) elevated offices including, but not limited to, entry doors and a finished tile ceiling. J. Finished grid and tile ceiling, constructed with a twelve (12) foot clearance to the ceiling tile. K. Restrooms as required by Code, including but not limited to fixtures and a convenience water heater. L. Interior wall (or cooler framing) to separate sales floor from storage area. M. Interior surfaces of exterior walls sheetrocked, taped, sanded and painted. . N. Store front door and clear store front glazing. O. Emergency exit door with emergency exit lights, as required by ordinance or regulation. P. Rear loading door constructed "at grade" to accommodate a forklift. 2. Tenant's Work - Except for Landlord's Work identified in Paragraph 1 of this Exhibit C, Tenant shall perform all other improvements which are necessary or desirable for the operation of Tenant's business in the Premises at Tenant's expense ( "Tenant's Work "). Tenant's Work shall include, but is not limited to, installation of phones, equipment, interior signage, fixtures, coolers, counters, floor covering, check -out counters, an alarm system, and security system. Tenant shall also provide a store front sign or signs prepared by a professional contractor based on drawings reviewed and approved by Landlord. All of Tenant's Work shall be performed in strict accordance with plans and specifications and construction guidelines approved by Landlord. Tenant shall not commence any portion of Tenant's Work before Tenant's plans and specifications have been approved by Landlord in writing. Tenant's Work shall be completed in a good and workmanlike manner with new materials. Tenant's Work shall be completed in full compliance with all applicable federal, state and local laws, regulations, statutes, ordinances and codes, including, but not limited to, the Americans With Disabilities Act of 1990. Prior to commencing Tenant's Work, Tenant shall obtain all necessary building permits and provide a copy of each permit to Landlord. Landlord, by any implied or express approval of S the plans and specifications for Tenant's Work, assumes no liability or responsibility for such compliance. Tenant shall indemnify and save Landlord harmless from all liabilities, costs and expenses (including reasonable attorneys' fees), mechanic's liens, claims or damages to persons or property or the Premises which arise out of or are related to the performance of Tenant's Work. 3. Contracts; Insurance. Liens. All contractors performing any portion of Tenant's Work shall be required to enter into written contracts with Tenant which shall provide for such insurance as Landlord may require naming Landlord as an additional insured. Tenant shall, upon Landlord's request, promptly provide Landlord with a list of all contractors, subcontractors and materialmen who will be performing any of Tenant's Work on the Premises. Tenant shall promptly pay the cost of all labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in, at or about the Premises or furnished to Tenant's agents, employees, contractors or subcontractors which may give rise to the filing of a mechanic's or other type of lien against the Premises or the Center. If any such lien shall be filed, Tenant shall give Landlord notice thereof within twenty -four (24) hours of receipt thereof and, within thirty (30) days thereafter, discharge such lien by payment of the amount claimed due or by posting a bond or depositing cash with the court, each in the manner required by law. Landlord shall have the right to post and maintain a notice of nonresponsibility for liens on the Premises as authorized by Minnesota law. • LANDLORD: BROOKDALE CORNER, LLC By: Its: Chief Manager TENANT: CITY OF BROOKLYN CENTER By: Its: Mayor By: Its: City Manager 0498878.01 EXHIBIT D • to LEASE ADDITIONAL LEASE PROVISIONS 1. Option to Extend - Tenant, at its option, may extend the Term for the entire Premises for an additional ten (10) years by giving written notice to Landlord ("Tenant's Extension Notice ") at least twelve (12) months (but not more than fifteen (15) months) before the expiration of the initial Term, provided that: (a) at the time of Tenant's Extension Notice and at the commencement of the extended Term, there shall be no default by Tenant under this Lease and (b) no material, adverse change in the financial condition of Tenant has occurred. Upon the service of the Tenant's Extension Notice and subject to the preceding conditions, this Lease shall be extended without the necessity of the execution of any further instrument or document. The extended Term shall commence upon the expiration date of the initial Term, expire upon the annual anniversary of such date ten (10) years thereafter, and be upon the same terms, covenants, and conditions as provided in this Lease, except that Tenant shall not have any additional rights to extend the Term, the Base Rent payable during the extended Term shall be at the rates and amounts set forth in Section 1.1 and the annual Gross Sales breakpoints for calculating the Percentage Rent shall be at the amounts set forth in Section 1.5. Payment of all Additional Rent and other required to be y Tenant as charges re made b provided in this Lease for the initial Term g shall continue to be made during the extended Term. Any termination of this Lease during the initial Term terminates all rights of extension. Any unauthorized assignment or subletting by Tenant of this Lease terminates this option of Tenant to extend the Term. 2. Prohibited Uses - In addition to the use restrictions provided in the Cub Foods Lease Restrictions, Landlord agrees that it will not lease any portion of the Center for the following purposes: pawn shop; check cashing store; currency exchange; massage parlor; tattoo parlor; sauna; sale of adult books, entertainment, and other items; a child care facility; church purposes or a school. 3. Construction - Landlord will use reasonable efforts to begin construction on or about October 1, 1999, with delivery of the Premises on or about March 1, 2000. TENANT: LANDLORD: CITY OF BROOKLYN CENTER BROOKDALE CORNER, LLC By: By: Its: Mayor Its: Chief Manager By: Its: City Manager EXHIBIT E to LEASE CUB FOODS LEASE RESTRICTIONS EXHIBIT F to LEASE MATTERS OF RECORD AGAINST CENTER 1. Combination Mortgage, Security Agreement and Fixture Financing Statement executed by Brookdale Corner, LLC, a Minnesota limited liability company, as mortgagor, to U.S. Bank National Association, a national banking association, as mortgagee, dated August 28, 1998, recorded October 7, 1998, as Document No. 3069064, as amended by First Amendment to Mortgage dated October 9, 1998 and filed October 19, 1998, as Document No. 3072267. 2. Assignment of Leases and Rents by Brookdale Comer, LLC, a Minnesota limited liability company dated August 28, filed October 7, 1998, as Document No. 3069065, in favor of U.S. Bank National Association, a national banking association, as modified by First Amendment to Assignment of Leases dated October 9, 1998, filed October 19, 1998, as Document No. 3072268. 3. Snow fence easement, ditch and drainage rights and limitations of access to Trunk Highway No. 100 in favor of the State of Minnesota as evidenced by Final Certificate filed June 5, 1963 in Book 2035 of Deeds, Page 7. 4. Public highway easement, right to maintain snow fences and limitation of access to Trunk Highway No. 152, in favor of the State of Minnesota, as evidenced in Book 2392 of Deeds, Page 562, as assigned to Hennepin County by Quit Claim Deed filed as Document Number 2035836. 5. Public highway easement, right to maintain snow fences and limitation of access to Trunk Highway No. 152 in favor of State of Minnesota as evidenced in Book 2461 of Deeds, Page 401, as assigned to Hennepin County by Quit Claim Deed filed as Document Number 2035836. 6. Snow fence easements in favor of the City of Brooklyn Center as contained in Highway Easements filed in Book 2382, Pages 254 and 256 and as Document Number 720378. 7. Easement for sanitary sewer purposes in favor of the City of Brooklyn Center as contained in Grant of Easement dated September 15, 1965 and filed September 21, 1965 as Document Number 821683. 8. Utility easement in favor of Northern States Power Company as evidenced by document dated December 10, 1965 and filed January 13, 1966 as Document Number 835906. 9. Rights of access granted to Hennepin County as evidenced by Quit Claim Deed dated is July 21, 1966"and filed August 17, 1966 as Document Number 855383. 10. Sidewalk easement in favor of the City of Brooklyn Center as contained in Easement Grant dated September 8, 1971 and filed June 2, 1972 as Document Number 1032883. 11. Sidewalk easement in favor of the City of Brooklyn Center as contained in Easement Grant dated June 22, 1972 and filed February 9, 1973 as Document Number 1061497. 12. Utility easement in favor of Northern States Power Company as evidenced by Easement Grant dated July 3, 1975 and filed July 10, 1975 as Document Number 1145295. 13. Sidewalk easement in favor of the City of Brooklyn Center contained in Easement Agreement dated March 18, 1982 and field July 12, 1982 as Document Number 1473764. 14. Sanitary sewer and storm sewer easements in favor of Tract F, RLS No. 1142 as evidenced by Easement Agreement dated July 9, 1984 and filed September 30, 1985 as Document Number 1674605. 15. Sidewalk easement in favor of the City of Brooklyn Center contained in Easement Agreement dated April 30, 1987 and filed March 26, 1987 as Document Number 1834984. 16. Covenants, conditions and sidewalk easement in favor of the City of Brooklyn Center as evidenced in Easement Grant No. 100 filed as Document No. 1032881. • 17. Perpetual, non - exclusive public sidewalk easement in favor of the City of Brooklyn Center as evidenced in Easement Grant filed as Document No. 1473765. 18. Utility and drainage easements shown on the recorded plat of Brookdale Corner Addition filed July 6, 1999, as Document No. 3176949. 19. UCC Fixture Financing Statement dated August 5, 1999, filed September 28, 1999, as Document No. 3208880, between Diamond Lake 1994 L.L.C., d/b /a Cub Foods, as debtor, and SuperValu Inc. as secured party. 20. Interest of Diamond Lake 1994 L.L.C. d/b /a Cub Foods, as tenant, as disclosed by Document No. 3208880. • • City Council Agenda Item No. 9h Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION SETTING WATER CONNECTION FEE FOR JOSLYN SITE REDEVELOPMENT WHEREAS, the Joslyn site is being redeveloped to reclaim a Federal superfund site; and WHEREAS, the City of Brooklyn Center is reviewing the third connection charges for water service that date back to the 1950s and 1960s; and WHEREAS, overcoming the impediments to redevelopment of the superfund site have been substantial and are requiring large multi - million dollar grants from the State of Minnesota and the Metropolitan Council, as well as the use of tax increment financing since the cost of reclaiming and cleaning the site so that it can be used greatly exceed the value of the site itself; and WHEREAS, the City Council wishes to charge a water service connection fee that will reflect a contribution to the value of having water available to the site, but not pose an • impediment to the redevelopment of this superfund site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the sum of $25,000 is hereby set as the complete and total connection fee that would be charged for water connections from the Joslyn redevelopment site to the City's water system to be apportioned between the three parcels. 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: O 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. s To: Mayor Kragness uncil Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 4, 1999 Re: Joslyn Water Connection In the process of platting the Joslyn Development, approximately $100,000 + in water hook up fees have been identified since the property would be divided into 3 parcels. As a superfund site, you are aware that re- development of this site involves extraordinary costs that we are attempting to overcome through tax increment and substantial grants from the State and Metropolitan Council. $100,000 + in water hook up fees negatively impacts that effort. We are proposing for the Council's consideration 2 options to overcome this problem: 1) Amend the tax increment agreement to increase the amount of tax increment by the amount of the hook -up fees. • 2) Waive the hook -up fees based on the unique nature of the development in a superfund site recognizing the extraordinary obstacles to its development. Hook -up fees were created back in the 1950's and 1960's when mains were installed. Some properties were not required to pay the full hook up fees back in the 50's. The owners who received partial deferment are no longer the owners of many of these properties. Hook up fees have also been imposed for additional connections beyond the original. Staff is reviewing all of the potential sites subject to these fees. A number of properties have been identified and issues with those properties that indicate that these fees may be an impediment to redevelopment. The fees do assist the utility, but do not greatly impact the utility. This is because future main replacement is funded through current utility rates and not through charges against specific properties. We anticipate recommending a revision of hook up fees generally. Revisions would reduce or remove impediments to development or redevelopment generally. Those revisions will probably include a recommendation to remove the hook up fees from in -fill residential lots and small commercial lots along Brooklyn Boulevard. Larger commercial sites and potential residential developments would have lower flat fees than the current results of long term deferral. A recommendation and report on the overall approach should be ready next Spring. Based on the need to facilitate the development of this superfund site and the substantial investment of State, Metropolitan Council, and Tax Increment monies, I would suggest Option 2 as the better option. That option would not directly impact the utilities since the fees are not relied upon in the budget and planning process since they are unknowns dependent on redevelopment. Also, the goal . of having this property fully on the tax rolls as soon as possible would be served by waiving the 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 deferred charges. A fee for connection is being proposed that would reflect a charge to have new services, without creating an impediment to development of the superfund site. This would be consistent with the analysis and recommendations that will be presented next year to deal with many other lots that are affected by deferred charges for connection, many of which are developed lots. i XB ty o! K LYN �p� TER Public W orks Department MEMORANDUM Engineering m TO: Michael J. McCauley Streets I FROM: Diane Spector. Parks SUBJ: Utility Hookups, Joslyn Superfund Site Public DATE: November 4, 1999 Utilities i s Central Garage The Joslyn Superfund redevelopment site consists of three developable parcels: a parcel on which the Wickes Distribution Center is currently being built; another parcel which is being actively marketed, and a third, smaller site which likely will not be developed for a Watershed number of years. Under the existing utility hookup policy, these parcels are subject to Management water hookup charges; no sanitary sewer hookup charges are outstanding. The total amount of the hookup charges, based on 1999 rates, is $121,117. The hookup charges are intended to represent the parcel's share of the cost of providing utility service to the parcel; in other words, not only a share of the water main, but also the trunk main, the • wells, and the towers. The existing policy computes charges per square foot, on the presumption that larger parcels would require more intensive utility use. The existing policy is also very difficult to administer, and is confusing not only to potential developers, but also to staff. It has long been a priority of the Public Works Department to review this policy and make recommendations to the City Council for ways to improve this policy. This study and policy change is scheduled to being later this year, and be for completed by March, 2000. However, the issue of utility hookups for the Joslyn site need to be resolved now. There are a number of ways to approach this issue. Superfund Site contributions f The Josl n site is unique in that it is a Superfund site which requires 0 Y q P q funding from a number of sources to make its redevelopment feasible. Substantial private funds have been invested to clean up the site, as well as additional public funds from various grant sources. A TIF soils district has been established to provide an additional source of funding. When work is complete and the property redeveloped, it will provide a substantial public benefit in the form of new jobs, and when the TIF district is dissolved, a substantial addition to the tax base. . An additional expense of over $120,000 will provide a further complicate the tenuous financing of this improvement. Thus, the Council could consider waiving the utility hookups for these parcels as another public contribution to this redevelopment. P P P P Tiered Rate My initial thought for the structure of the revised hookup policy is that it become a tiered, flat rate, on the presumption that the consumption, sewage collection and discharge, and fire protection needs would be relatively similar for similar classes of properties, and the incremental differences would be negligible. For example, the tiers and rates could be as simple as: Land Use ( Area I Water ( Sewer Commercial /Industrial >5 Acres $10,000 $5,000 <5A $5,000 $3,000 Retail /Office > 5 Acres $5,000 $3,000 < 5 Acres $3,000 $3,000 Multi Family > 5 Acres $5,000 $3,000 < 5 Acres $3,000 $3,000 Single Family $1,000 $500 Of course, this rate structure would require additional study, as well as a determination of which parcels fall into which category. The established policy would have to be rewritten. Under this type of schedule, the Joslyn site would be charged only for water hookups, as it has no outstanding sanitary sewer hookups. Two of the parcels are in excess of 5 acres, so each would be charged a hookup fee of $10,000. The third parcel is under 5 acres, and would be charged $5,000 at such time in the future when it is developed. JOSLY4ADDI TI ON T. DOC. NO. \ \ C.R. DOC. NO. AP \ 1MK Or INS o�AD� A ig \ \\ I i0 \ .OR1tRAY fA4NOfr� I J ••T-_ I I • / ``` � h �\ ♦ ` \ ' \ f, ♦ M N'�11T M f�677 T�' / J \ �•� \ s \ A.A•3Y3r / / . Z M w TOG SCALE IN FEET to �N 2m- t \ \ t` / \ \ / A ARPICS ARE ASSUMED ® ODKM S PC" S t9 ST 1 r saes• \ \ SCALE Dr Liao FEET SET VAIN STAMPED w Mot ST e l �, // Opt 2 I \ \ \ \ � � \ \ \ \ ' , / • DEMO, wan MONUMENT TOM J GpV I dt qp� \ \ BENCHM M n - - t I ^ a \ _ T 3 N AE a�vo• t A L IDO. LAGS tx:+ " 7,, \ AAS WAY 24. 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I a I -( tai e * 135 {?.� aev I I n 1 ~i ( 0 1 �� V 1p DALE AND �DAVVIES 1ST • ADDITION I = / 3RD ADDITION S - -J a JL —L -- I L--- - - - - -- I ,(W_NmmanEt `•S4855'3rW3a50 1 1 a I W - nr - -„ N 88'45 W 743.42 I l "S 28'36'01" W 32.67 • City Council Agenda Item No. 9i City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: November 4, 1999 Z I SUBJECT: Cancellation of Monday, November 15, 1999, City Council Work Session I would request canceling the Monday, November 15, 1999, City Council work session and rescheduling it for Tuesday, November 16, 1999, due to a Council Member having a conflict the 15th. 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