Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1992 05-26 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 26, 1992 7 p.m. 1. Call to order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk 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 form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. May 11, 1992 - Regular Session 8. Planning Commission Item: (7:05 p.m.) a. Planning Commission Application No. 92008 submitted by Nhia Yong Thao is a request for special use permit approval to build and operate an alterations shop in an addition to the garage at 6136 Brooklyn Boulevard -This application was considered and approval was recommended by the Planning Commission at its May 14, 1992, meeting. 9. Discussion Items: a. Advisory Commissions' Enabling Resolutions b. Management Salaries C. Treatment of Algae in Twin Lakes 10. Resolutions: a. Accepting Bid and Awarding Contract for 1992 Sealcoating, Improvement Project No. 1992 -09, Contract 1992 -G *b. Establishing Improvement Project No. 1992 -13, Sidewalk Replacement at Various Locations and Approving Plans and Specifications and Directing Advertisement for Bids for Contract 1992 -I . *c. Accepting Work and Approving Final Payment for Improvement Project No. 1991 -23, Sewer Replacement at Brooklyn Drive, Contract 1991 -S CITY COUNCIL AGENDA -2- May 26, 1992 *d. Declaring Earle Brown Days as a Civic Event from June 17 Through June 28 e. Authorizing Execution of Contract with Brooklyn Peacemaker Center for Services Relating to Domestic Abuse Intervention Program f. Authorizing Execution of Lease Agreement with Weis Asset Management, Inc. for Use of Storefront at Humboldt Square Shopping Center for Police Department Substation *g. Expressing Appreciation for Senator Bill Luther's Efforts During the Recent Legislative Session *h. Expressing Appreciation for Representative Phil Carruther's Efforts During the Recent Legislative Session *i. Expressing Appreciation for Representative Wayne Simoneu's Efforts During the Recent Legislative Session *j. Expressing Appreciation for Senator Ember Reichgott's Efforts During the Recent Legislative Session *k. Expressing Appreciation for Representative Ann Rest's Efforts During the Recent Legislative Session *1. Expressing Appreciation for Representative Bill SchrieberIs Efforts During the Recent Legislative Session *m. Expressing Appreciation for Senator Larry Pogemiller's Efforts During the Recent Legislative Session *n. Expressing Appreciation for Senator Judy Traub's Efforts During the Recent Legislative Session *o. Expressing Appreciation for Senator Randy Kelly's Efforts During the Recent Legislative Session *p. Expressing Appreciation for Representative Connie Morrison's Efforts During the Recent Legislative Session *q. Expressing Appreciation for Senator Don Frank's Efforts During the Recent Legislative Session *r. Expressing Recognition of and Appreciation for the Dedicated Public Service of Jill Sherritt *11. Licenses 12. Adjournment CITY OF BROOKLYN CENTER council Meeting Date May 26 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF MAY 26, 1992 - REGULAR SESSION DEPT. APPROVAL: P. Q nqa Patti A. Page, deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: - - No comments to supplement this report Comments below /attached is SUMMARY EXPLANATION: (supplemental sheets attached RECOMMENDED CITY COUNCIL ACTION • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BRUCtK..L.YN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 11, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Managcr Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie L.eFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES T17e invocation was observed with a moment of silence. OPEN FORUM OR 7 Mayor Paulson noted the Council had received two requests to use the open forum session this evening. Dean Nyquist, 5701 June Avenue, explained he had wanted to discuss volunteerism during Volunteer Week, but requested it be delayed since the Council meeting was not held in the Council Chambers. He stated Brooklyn Center has a rich resource of volunteers, and he is proud to be a resident of Brooklyn Center, Mr. Nyquist expressed concern with the Mayor's recent State of the City address which he felt was actually a great disservice to residents and did not reflect the unanimous opinion of the Council. He reviewed the many service organizations and volunteers who dedicate their time to Brooklyn Center including the Mayor's wife who is involved with Peacemakers. Mr. Nyquist explained volunteers approach him daily indicat Garin y g they were offended by the Mayor' speech, and he felt they should receive an 1 a� loo He stated gY he wanted to salute the City's volunteers for the valuable contribution they make to the community, Mayor Paulson urged Mr. Nyquist to review his speech since it addresses the need for empowerment, how to get more residents involved, and the need to decentralize decision making, Mayor Paulson indicated he did not intend to offend any member of the community and has talked with several residents who expressed the same concerns addressed 5/11/92 _ 1 _ in his speech. He suggested the issues be determined and addressed to make Brooklyn Center a better community, He felt these were the true patriots, those who look for what is in the best interest of the community. Mayor Paulson stated he continually receives encouragement from letters and support from residents. He pointed out it is difficult to argue against the things addressed in his State of the City speech so criticism has become personal. Mayor Paulson stated he will continue to step forward to seek ways for the Council to address issues and move forward rather than isolate and discredit those who speak up about their feelings. Dorothy Loomis, 3813 -61st Avenue, stated she has lived at this address since 1955 and feels the traffic from Brooklyn Boulevard to June Avenue is traveling too fast. She expressed concern for the safety of neighborhood children and requested a stop sign be considered at 61st and France Avenues, and also at Halifax and 61st Avenues. Ms. Loomis also expressed concern with the number of times, and method, the City is using in mowing Kyle Park and the playground. She reported the playground was mowed two times last week. The City Manager indicated he will research these items for the Council's consideration at the May 26, 1992, meeting. Mayor Paulson inquired if there was anyone else present who wished to address the Council, There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Pedlar reported he, attended the Tri City Airport Commission meeting where discussion took place relating to the operation of the helicopter school at the airport as well as noise concerns expressed by several communities. Also, discussion about revoking the pilot training program was held. The conclusion reached was to allow the program to continue through the summer months with a re- evaluation in the fall. Councilmember Pedlar indicated he was unaware of any helicopter noise complaints from Brooklyn Center residents, Councilmember Pedlar also reported the first Annual Crystal Airport Open House will be held on June 7, 1992, from 7 a.m. to 7 p.m. He reviewed the activities that will be taking place and encouraged all, including families, to attend. Councilmember Rosene stated he had the opportunity to attend the Mother's Day Brunch at the Earle Brown Heritage Center and was very impressed. Mayor Paulson concurred and added he was impressed with the food, service, and facility. 5/11192 -2- APPROVAL OF AGENDA AND CONSENT AGENIZA Mayor Paulson inquired if any Councilmembers requested any items be removed fl the consent agenda. Councilmember Cohen requested items 7b and 8a be removed from the consent agenda and considered as item 12e, and item 9c be added, "Consider Resolutions of Appreciation for Senators and Legislators." APPROVAL OF MINUTES APRIL 20. 1992 - BOARD OF EQUALIZATION There was a motion by Councilmember Pedlar and seconded by Councilmcmber Celia Scott to approve the minutes of April 20, 1992, board of equalization as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -100 Mciriber Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR COMPLETION OF WATER DT$TRIBUTION SYSTEM, IMPROVEMENT PROJECT NO, 1990 -03A AND REPLACEMENT OF ENTRANCE DRIVE TO LIFT STATION N U. 1, IMPROVEMENT PROJECT NO, 1992 -11, CONTRACT 1992 -H The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -101 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKDALE SANITARY SEWER REPLACEMENT, IMPROVEMENT PROJECT NO. 1992 -04, CONTRACT 1992 -C. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. R ESOLUTION NO. 92 -102 Member Jury Pedlar introduced the following resolution and moved its adoption RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR 69TH AVENUE SOIL CORRECTIONS PHASE I, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1991 -I. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. 5/11/92 -3- RESOLUTION NO, 92 -103 Member Jcrry Pcdlar iutruduccd tho following resolutio3) and inovGd its adoption. RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH SEH, INC. TO PROVIDE ADDITIONAL SERVICES RELATING TO 69TH AVENUE SOIL CORRECTIONS, IMPROVEMENT PROJECT NO, 1990 -10, The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RE LUTION NO, 92 -104 Mesubcr Jcrry Pedlar introduced tho following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING PURCHASE OF ONE (1) GREEN MOWER FOR THE GOLF COURSE. T he motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously, RESOLUTION NO,- 92 -105 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND APPROVING PURCHASE OF VEHICLE RETARDER FOR ENGINE 6. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, _ The motion passed unanimously. RESOLUTION NO, 92 -106 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DALE ACKMANN, HENNEPIN COUNTY ADMINISTRATOR, The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. RESOLUTION NO. 92 -107 Member Jcrry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously, 5/11/92 - 4- LICENS Thcre was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the fallowing list of liGCnses: AMjjSEMENT DEVICES - OPER ATOR Brooklyn Center Community Center 6301 Shingle Creek Parkway MECHANICAL SYSTEMS Aer, Inc. Bpx 1246 Air Conditioning Assoc., Inc. 689 Piero; Butler Route Brooklyn Air Heating & A/C 5501 Lyndale Avenue North C.O. Carlson Air Cond. Co. 1203 Bryant Avenue North Construction Mechanical Services, Inc. 1307 Sylvan Street LSV Metals, Inc. 6800 Shingle Creep Parkway McQuillan Brothers Plumbing & Mg. Co. 452 Selby Avenue Rapid Heating & A/C 5514 34th Avenue North Realistic Heating &. Cooling, Inc. 90 77 Van Buren Street NE Sharp Heating & A/C, Inc. 4854 Central Avenue NE MOTOR VEHICLE DEALERSHIP Bob Ryan Oldsmobile 6700 Brooklyn Boulevard RENTAL DWELLINGS Rcnewah Randy McGovern 5830 Admiral Lane Duane Orn MD 5407 Brooklyn Boulevard Maurice & Barbara Moriarty 2�25 67th Lane North Diane & Eugene Wright 4405 69th Avenue North SIGN HANQER Nordquist Sign Company, Inc. 312 West Lake Street SWIMMING POOL Brooklyn Center Community Center 6301 Shingle Creek Parkway TAXICAB Blue and White Taxi, #525 7720 36th Avenue North The motion passed unanimously. PRESENTAT - SENATOR BILL LUT ER AND REPRESENTATIVE PHIL CA RUTHERS Mayor Paulson indi,;4led the Council wants to &u credit to their representatives who assisted Brooklyn Center this Legislative session. 5/11/92 - 5- Representative Carruthers presented a brief overview of activity that took place during the 1992 Legislative Session He emphasized the positive results created by elimination of bipartisan bickering to address the State's current problems. Representative Carruthers welcomed the Council's input on areas he can work with. Mayor Paulson and the Council extended their appreciation to Representative Carruthers. Mike Rothman, Administrative Aid to Senator Luther, reported the Senator is recovering from the serious burn he sustained. He then reviewed highlights of bills acted on and explained Minnesota is leading the country with health care insurance coverage to those without insurance, small companies, farmers, etc. He felt this program would be extended in the future. Mayor Paulson and the Council thanked Mr. Rothman and asked him to extend their appreciation to Senator Luther, CONSIDER RESOLUTIONS OF APPR1 CIATION FOR SENATORS AND LEGIS LATORS a uncilinembcr Cohen commented he has found both Representative Carruthers will Senator Luther always willing to make themselves accessible and willing to work on legislation benefitting Brooklyn Center. He added they were also instrumental in blocking the Metropolitan Council's redistricting action which would have been devastatinb to Brooklyn Centex Councilmember Cohen reviewed several more bills they were involved with and commented they are doing a very good job of representing Brooklyn Center. Councilmember Cohen then presented staff with a list of legislators who were instrumental in providing support for legislation that benefitted Brooklyn Center and su�gcsted resolutions of commendation be provided for these individuals. There was a motion by Councilmember Rosen, and seconded by Councilmember Pedlar to direct staff to prepare resolutions of appreciation for senators and leg islators as recommended by Councilmember Cohen. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNNING COMMISSION APPLICATION NQ 92007 SUBMITTED BY BUDGETEL The City Manager introduced Planning Commission Application No. 92007 which is a request for approval of a variance from Section 35 -400 of the Zoning Ordinance to allow a storage accessory building 3' from the right -of -way of Shingle Creek Parkway. This application was recommended for approval by the planning Commission at its meeting on April 16, 1992. The application was scheduled for consideration at the City Council's April 27, 1992, meeting and tabled at the applicant's request until the May 11, 1992, meeting. 5/11/92 -6- The Director of Planning and Inspection presented the staff report by reviewing he location, > entrances and exit points to the hotel property, neighboring property and proposed location for the storage building within the green space. He explained the Ordinance requires a 25 foot Setback, however, the storjge shed would be constructed of materials complimentary to the hotel and will be less visible in the proposed location, The Planning Commission unanimously recommends approval subject to five conditions. Councilmember Rosene indicated support of the request since the storage shed will be tucked into the hillside and less visible than if setbacks are met. Ken Garvin, district representative for Budgetel, indicated he had nothing to add to staff's presentation. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission application No. 92007 at 8:46 ,m, fie inquired i there n p q l; t e e was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing, There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 8:46 p.m, The motion passed unanimously. Councilmember Scott stated she felt this request represents a unique situation, and she could not think of another place in Brooklyn Center with a similar layout, She concurred with Councilmember R n ose c this request meets ets the criteria for a variance, and is a more desirable location than with the required setbacks. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission application No, 42007, Budgetel, 6415 James Circle, for a variance to construct a 12'x20' storage building three feet from Shingle Creek right -of -way subject to the following findings and conditions. 1. The extra right -of -way adjacent to the Budgetel site and the slope within the right -of- way (of Shingle Creek Parkway) obviate the need for the proposed storage shed to mcct setback requirements. The proposed building location actually reduces its impact on the visual corridor of Shingle Crcrk Parkway. To require compliance with the required setback would, therefore, constitute an unnecessary hardship in this case. 2. The circumstance of the steep slope within the right -of -way adjacent to the Budgetel site is fairly unique, Similar situations may be entitled to similar treatment if it can be shown that the variance standards are met. 3. The circumstances of extra right -of -way containing a steep slope has been caused by the public agencies which have created the $hingle Creek Parkway interchange and has not been caused by anyone presently or formerly having an interest in the Budgetel site. 5/11/92 -7- 4. The proposed storage shed, in the location proposed by the applicant, will not have an adverse impact on other property or improvements in the neighborhood. 5. Exterior of the storage shed shall be consistent in material and appearance with the exterior treatment of the hotel building The motion passed unanimously. ORDINANCES AN ORDINANCE ESTA13LISHING A FINAL PLAT FEE The City Manager presented An Ordinance Establishing a Final Plat Fee. He indicated this item was discussed at the April 27, 1992, Council meeting and is offered for a first reading tonight. Councilmember Scott pointed out in times of tight budgets like the City is facing today, it is a reality the City needs to increase and establish fees to cover costs applied to the City. She suggested the Council review this matter to make sure the application process is covering the City's costs. Mayor Paulson concurred and indicated he does not want to use tax dollars to subsidize applications, In response to Councilmember Cohen's question, the City Manager reported the Financial Task Force will be submitting their recommendations suggesting feeS be reviewed on an annual basis rather than the current trend of every two to three years. With regard to assessment searches, the City does not charge for a verbal search, but has a fee for supplying a certified one in writing. It was noted fees use to be included in the ordinance, but due to expenses involved for changing them, they are now established by resolution, eliminating the need to amend the ordinance. Graydon Boeck, 5601 Indiana Avenue North, questioned fee payment. The City Manager explained the applicant pays the fee. In the event the City is the applicant, the fec; can either be paid or waived, depending on the purpose. In response to Mr. Boeck's question regarding vacations, the City Manager pointed out it will be discussed under the next agenda item. Councilmember Rosene concurred with the need for the City to recoup their costs. He encouraged staff to itemize costs involved so applicants arc aware of what they air, being charged for. It was noted establishing new fees requires Council authorization. Existing fees will be reviewed by the Financial Task Force as part of their prioritization process with recommendations submitted for the 1993 budget. 5/11/92 -8- Councilmember Cohen suggested the Financial Task Force also evaluate permits the City issues where the fees are forwarded to State agencies. The City Manager agreed and added the City's auditor will also be making recommendations along those lines, There was a motion by Cohen and seconded by Rosene to approve first reading of An Ordinance Establishing a Final Plat Fee and setting a public hearing date of June 8, 1992, at 7,1.5 p,m, The motion passed unanimously. Mayor Paulson thanked staff and complimented them on addressing this issue in an entrepreneurial manner to cover costs for services provided. AN ORDINANCE ESTABLISHING A FEE FOR VACATING A STREET, ALLEY, OR EASEMENT The City Manager presented Ail Ordinance Establishing a. Fee For Vacating a Street, Alley, or Easement which was offered for first reading, He suggested the Council address the issue of fee payment in situations where the sewer utility initiates a vacation. Easement vacation requests have also been received from the school district or other governmental bodies. In those cases, sometimes the Council charges the fees and other times waives them. The City Manager reviewed the fee survey results of other municipalities, which was compiled from material provided by the Association of Municipalities. There was a motion by Cohen and seconded by Rosene to approve first reading of An Ordinance Establishing a Fee for Vacating a Street, Alley, or Easement, and setting a public hearing elate of June 8, 1992, at 7,15 p,m, The motion passed unanimously. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE REPORT R PETITIONS FOR SIDEW,&LK SLY 59TH AV ENUE NORTH BROOKLYN 1BOU LEVAKU '1.'.Q XERXES AVLNUE NORTH The City Manager indicated the Council approved installation of various two and four -way stop signs along 59th and 64th Avenues North, Brooklyn Boulevard to Xerxes Avenue North. Staff was also directed to send individual petitions to property owners on the north side of 59th Avenue to determine interest in installation of a sidewalk, The Director of Public Works reported nine property owners on the north side were sent individual petitions, and eight of the nine property owners have responded to the petition - six voting against and two voting for the sidewalk. In response to Councilmember Rosene's question, the City Manager explained only residents on the north side were surveyed because it was determined this would be the best location since pedestrians would not have to cross 59th Avenue, which is a very busy street. The Director of Public Works indicated the survey did indicate the sidewalks would be installed, if approved, at no cost to the residents, and the City would be responsible for maintenance 5/11/92 - 9 1 and snow removal. Councilmember Rosene stated this request first came before the Council as a safety issue, and he hoped the survey response reflected the opinion of the entire neighborhood. Councilmember Pedlar pointed out stop signs were recently installed in this neighborhood, and he felt the Council needed to look at their effectiveness. He added there appears to be a level of satisfaction in the neighborhood with existing conditions, and he would support tabling this matter until the neighborhood indicates they are interested in a sidewalk. Since the proposed sidewalk would provide a connection between the existing sidewalk on Xerxes Avenue and Brooklyn Boulevard, Councilmember Cohen felt it auade sense to consider it. The City Manager explained the Council's policy has been to place sidewalks in thoroughfare areas such as paths to school, etc., or as links to the existing system. He suggested the Council re- evaluate this neighborhood in one year after a report on stop sign effectiveness is completed. In response to Mr. Boeck's question, the City Manager and Councilmember Cohen reviewed the City's policy for payment of assessments. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to table consideration of sidewalks on 59th Avenue North, Brooklyn Boulevard to Xerxes Avenue North for one year until the stop signs can be reviewed for effectiveness. At that time the sidewalk issue will be reconsidered. The motion passed unanimously. With regard to holding a public hearing, Councilmember Cohen suggested it be considered if residents in the, area indicate a desire for sidewalks. RECESS The Brooklyn Center City Council recessed at 8:12 p.m. and reconvened at 8:28 p.m. RECOMM ENDATIONS FROM HUMAN RI Ts AND RES URCE COMMISSION The City Manager reported the Human Rights and Resources Commission recommends the Council consider becoming a member of the Minnesota League of Human Rights Commissions (MLHRC). The Personnel Coordinator explained the MLHRC is comprised of human rights commissions from throughout the state and provides many resources including gaining and support with the no -fault grievance process. Currently, Brooklyn Center Human Rights and Resources Commissioner Julie Eoloff serves on the MLHRC Board and provides the City's Commission with updates can activities of the MLHRC. Councilmember Pedlar did not feel the $123 expenditure would be an issue for the Financial Task Force to prioritize. He pointed out MLHRC; membership will benefit the City's HR &RC and the City as a whole. 5/11192 - 10- There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the City's membership of the Minnesota League of Human Rights Commissions and direct to determine a funding source for the $123 membership fee. The motion passed unanimously, CH LE A JdINT ME TING 0 THE CITY COUNCIL AN_CITY ADVISORY COMMISSIONS The personnel Coordinator informed the Council that the Human Rights and Resources Commission is interested in becoming better acquainted with Council members, City staff and other advisory commissioners. To accomplish this, they recommend a joint meeting be scheduled, perhaps on an annual basis, to discuss activities of each commission. Councilmember Rosene reported he met with various department heads recently and found it very helpful to be updated on what each is involved with. He added a commission member had indicated he found the Council and some of the Directors somewhat distant and unapproachable. Councilmember Rosene stated this comment surprised him, and he supported scheduling a joint meeting to "break the ice" and provide department heads the opportunity to present an overview of what they are involved with. Councilmember Cohen indicated he has also heard comments about Council members being difficult to approach. He felt lowering the Council's dias and re- configuring the room would make everyone a part of the meeting. Councilmember Cohen pointed out new commission members are not always aware of what the Council does or the open meeting law requirements, but he supports a joint meeting so various commissions can gain input from the Council on different viewpoints. Councilmember Scott concurred and added she had come up through the voluntary ranks and always looked forward to meeting with other commissioners to find out what they were working on. She pointed out all commissions receive meeting minutes from other commissions, but a joint meeting would add a "human touch' and provide a valuable experience. Councilmember Scott suggested an informal gathering with limited refreshments be considered rather than a formal meeting or sit -down dinner. Councilmember Pedlar and Mayor Paulson expressed their agreement. Mayor Paulson felt volunteer commissioners provided a lot of valuable resources, and a joint meeting would be a good way to increase communications and make them part of the decision making process. The Council discussed the timing of the meeting with it being pointed out February may be a good month to consider for the annual meeting since it would allow newly appointed commissioners the opportunity to attend several committee meetings before the joint meeting. 5/11/92 There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to direct staff to schedule a joint meeting with the Council and advisory commissions from mid - August to the end of September, 1992, and an annual joint meeting in February thereafter. The motion passed unanimously. AWAR OF CON SULTING CO RACT F R BROOKLYN BOU EVARn TUDY The City Manager reported the members of the selection and review committee interviewed five consulting firms who submitted proposals for the Brooklyn Boulevard Study which ranged in cost from $22,000 to $38,000. After review of the proposals, the selection committee recommends award of the consulting contract to Dahlgren, Shardlow, Uban Inc. (DSU) for $25,500. They also recommend the Council consider allocating an additional $4,000 to conduct an optional vision workshop to bring members of the community together to view visualizations of opportunities on Brooklyn Boulevard. This would also get everyone working from a common set of terms and offer an opportunity for brainstorming. He pointed out while several firms were very close in capabilities, DSU stood out because they have done similar studies for other communities and also had experience working with the Maxfield Group and other consultants Brooklyn Center has used on a regular basis. In response to Council's questions, the City Manager indicated DSU suggest a Task Force be appointed by the Council (comprised of commission members, business people, residents, etc.) wbo can meet five to six times during this process. Councilmember Cohen pointed out it has worked well to pull together advisory committees for neighborhood meetings with other projects. In the past, the advisory committees have held neighborhood meetings to discuss planning issues that affect the community. Since some of these committees are still structured, he suggested this be considered as the base resource to start with. Tim Griffen, DSU, suggested the Task Force also involve representatives from Maxfield and the City's other consultants. He explained the one -day vision workshop would include experts in these areas. The City Manager suggested Mr. Griffen provide additional information regarding the workshop for Council consideration. Mayor Paulson expressed support for this proposal. He added it is exciting to see this plan coming forward where resident involvement is considered a key element. Councilmember Scott agreed and complimented DSU on their proposal. She supported community involvement in the early stages of the project and also agreed with Councilmember Cohen's comments about forming an advisory commission to provide input. in response to Councilmember Pedlar's questions, the City Manager explained DSU can start immediately if Council approves their proposal. fie pointed out DSU also recognizes the fact they have to look at existing ordinances and understands the difference between development and redevelopment. DSU is also very strong in the area of working with buffers. He added CDBG funding will be used, with an amendment needed if the vision workshop is approved. 5/11/92 -12- Councilmember Cohen pointed out there may be pending development that needs to be considered. He asked if a change order would be necessary for this type of Consideration. Mr. Griften explained a component of the study would be a procedure for reviewing and negotiating development, and if something came up they would look at it. Karl Gaardsmoe, President of the Chamber of Commerce, indicated he is encouraged that dley can become part of this process and gather views from the business community. Janis Blumentals, Chair of the Economic Development Commission, stated he is looking forward to this study and encouraged the Council to approve the study as well as the vision workshop. He added the study will provide a good prototype for other areas as well. RESOLUTION NO, 92 -108 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AWARDING CONTRACT FOR CONSULTING SERVICES TO DAHL RLN, SHARDLOW, AND URBAN, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 5—O'S GRILL EXPANSION The City Manager cxpla.incd the City's plalining staff has had discumiuns uvcr the pact year with Jack Shubert, owner of the 50's C7rill, regarding a Possible expansion to his building. e Mr. Schubert feels he nccds to expand the kitchen area and would like to add som additional seating. Expansion of the seating area is prohibited because additional parking cannot be added to the site. Several options for expanding the kitchen have been discussed, but Mr. Schubert wants to add about ten feet and the existing wall is approximately fifteen feet from the south property line. The Zoning Ordinance requires a ten foot building setback, which would allow a maximum addition of only five feet. The City Manager commented the City's Zoning Ordinance is somewhat rigid regarding expansions. Councilmember Scott noted the need to maintain side yard setbacks to provide adequate emergency vehicle access between buildings. The City Manager agreed this is a difficult issue. He pointed out the Fire Code does require fire wall provision, and other technical considerations are available today that would provide some added opportunities, It was also mentioned that having minimum distances between buildings could result in useless space which ends up collecting trash, The City Manager suggested this is one of the situations that could be addressed in the Brooklyn Boulevard Study. Councilmember Pedlar agreed and asked if it could be evaluated early in the study to avoid too long of a delay. He indicated he would like to hear the Fire Chief's opinion regarding fire wall separation and what other alternatives exist to achieve a satisfactory alternative. Councilmember Pedlar suggested the City Attorney contact Dean Nyquist, Mr. Schubert's 5/11/92 -13- attorney, to discuss the issues. He added finances has not been considered a hardship in the past, however, he felt it may need to be considered in the future to avoid the loss of good businesses. To avoid setting an adverse precedence, the City Manager felt the study would avoid touching the City's variance policy and address other ways to adjust side yard setbacks, Councilmember Pedlar explained he is not advocating changing the ordinance or variance procedure, but felt there are a lot of questions that need to be addressed. He suggested the City Attorney and staff address questions raised by Mr. Nyquist regarding redevelopment issues. The City Manager agreed the Brooklyn Boulevard Study may recommend some ordinance changes. He pointed out including too many additional issues will slow progress of the study and suggested the consultant advise the, City when they reach that point. Councilmember Cohen emphasized the Council is interested in rejuvenating the community, protecting the health, safety, and welfare of the residents as well as the tax base. He indicated he does not want to stand on old rigidity that came out of planning from the 1950's, Councilmember Cohen suggested the consultant make recommendations regarding these issues for Council's consideration in policy development. He added the City needs to remain competitive for commercial businesses without throwing away the principles of health, safety, welfare and solid planning practices. The City Attorney reminded the Council that State Statute authorizes cities to grant variances that follow closely to the City's ordinances, and variances cannot be used to solve other types of problems. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to accept staff s recommendation to consider this issue in the early stages of the Brooklyn Boulevard Study. The motion passed unanimously. APPOINTMENT PROCESS Councilmember Cohen indicated he ruuuubtud the April 27, 1992, regular session I lecLiilg minutes and Planning Commission appointment be removed from the consent agenda so he could address the appointment process. He explained at the April 27 meeting the Mayor recommended the appointment of Barb Kalligher as Chair of the Planning C.ommission, During the discussion, he had the impression there was only one Planning Commissioner interested in the appointment. The Council unanimously supported the Mayor's recommendation. Councilmember Cohen stated since the April 27 meeting he has received negative comments from other Planning Commissioners regarding this appointment. He stated the Mayor has the right to make this appointment, but he voted to support the appointment based on information that flowed from the meeting and did not know of these concerns until after the meeting. Councilmember Cohen indicated the Planning Commission has statutory authority and is a premier commission, not a training ground. Also, over thG years some Commissioners have 5/11/92 - 14- moved up to the Council. He felt appointments to the Planning Commission should be considered from the point of their expertise and knowledge relating to planning issues. Councilmember Cohen pointed out (3raydon Boeck and Bill Siems were also appointed at the April 27, 1992, meeting without Council reviewing additional information. Councilmember Cohen suggested a policy be established regarding Mayoral appointments which are confirmed by the Council so background information is provided for Council's review, The policy should also include a process to provide philosophical and geographic balance and a method to deal with time limits. Mayor Paulson agreed with the need to establish a policy and indicated he has been attempting to add some uniformity to commission's by -laws, how chairs are selected, membership, etc. He also agreed with the need to establish a process to fill vacancies, Mayor Paulson indicated he did not state that Barb Kalligher was the only person available for Planning Commission Chair. He said she was the only person who e2iPressed interest to him, Mayor Paulson stated he has always listened to Council's input when making an appointment and will continue to do so. He agreed with the need to provide geographic and gender balance, but was unsure how to provide philosophical balance since different views should be considered. Mayor Paulson stated he had requested help in this area and continues to do so. He. requested help from staff to get ads out, applications in, gather information on who would make the best appointee, and help from the Council to bring in the best qualified candidates. Mayor Paulson stated he has also asked for a volunteer coordinator to facilitate and coordinate appointments. He suggested more information be requested on the application form. Mayor Paulson stated he wants to protect the Mayor's right to make appointments but would support amending by -laws so all commissions cicct their own leadership from among their ranks which would also decentralize decision making. Mayor Paulson stated he stands behind the appointment of Barb Kalligher as Chair of the Planning Commission. He pointed out the Chair's responsibility is to lead the meetings and does not contain more power than other Planning Commissioners, He felt the Council should welcome people who are willing to step forward and volunteer their time to become involved, learn the process, and approach it with the best interest of the community in mind. Councilmember Pedlar recalled a previous discussion that Molly Malecki was going to resign as Planning Commission Chair and an interim Chair would be appointed. At that time Wallace Bernards indicated he would act as Chair on a temporary basis, but would not accept it as a permanent position. He felt it was inferred at the April 27 meeting that Barb Kalligher was the only candidate. Councilmember Pedlar stated he seconded the motion based on that impression and has now received negative feedback from other Planning Commissioners who disagree with the appointment. He agreed the Planning Commission 5/11/92 - 15 - CITY OF BROOKLYN CENTER Council Meeting Date 5/26/9 Agenda Item Number _1 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 92008 - Nhia Yong Thao DEPT. APPR L: Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW/RECOMMENDATION: j No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) • Planning Commission Application No. 92008 submitted by Nhia Yong Thao is a request for special use permit approval to build and operate an alterations shop in an addition to the garage at 6136 Brooklyn Boulevard. This application was considered by the Planning Commission at its May 14, 1992 meeting. Attached are minutes, information sheet, statements from the applicant, site drawing and a map of the area from that meeting for the City Council's review. Recommendation The Planning Commission recommended approval of the application subject to the 9 conditions listed on pages 3 and 4 of the minutes of its May 14, 1992 meeting. • 0 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 14, 1992 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Barbara Kalligher at 7:30 p.m. ROLL CALL Chairperson Barbara Kalligher, Commissioners Ella Sander, Wallace Bernards, Kristen Mann, Mark Holmes and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Kalligher noted that Commissioner Johnson was excused in light of hip surgery. APPROVAL OF MINUTES - APRIL 16 1992 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the April 16, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Kalligher, Commissioners Bernards, Mann, Holmes and Sherritt. Voting against: none. Not voting: Commissioner Sander. The motion passed. / APPLICATION NO. 92008 (Nhia Yong Thao) V Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to build and operate an alterations shop in an addition to the garage at 6136 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission information Sheet for Application No. 92008, attached). The Secretary emphasized that only goods produced on the premises can be sold from the premises. He stated also that home occupations must be secondary and incidental to the residential use of the property, even the residential use of the garage. He stated that he recommends that the garage door be put back on the garage so that it can function as a private garage as well as a shop. Commissioner Sander asked what the Comprehensive Plan recommends for this area. The Secretary stated that the Plan recommends that the area become a C1 developed area. He stated that an alterations shop would be permitted in the C1 zone. Commissioner Bernards asked if the applicant was aware that Brooklyn Boulevard would soon be under study. The Secretary stated that that had not been discussed at any length. Commissioner Bernards stated that the applicant should know this before he decides to spend a considerable amount of money on the addition. Commissioner Bernards also asked if the exterior of the garage addition would be 5 -14 -92 1 consistent with that of the house and garage at present. The Secretary stated that that could be added as a condition. Commissioner Sander noted that the plan refers to removing the wall between the main garage and the shop area and asked whether this indicated that the whole garage would become a shop. The Secretary answered that the main portion of the garage would be used as a garage. Commissioner Sherritt asked how the City controls or inspects what is made by the people working in the shop. The Secretary stated that staff could make periodic visits or make an inspection on the basis of a complaint. He added that the building addition to the garage would require a permit and be subject to inspections, including a final inspection, by the Building Inspector. Commissioner Holmes asked if the garage could be built up to 1,000 sq. ft. The Secretary responded that the size of the garage could be no greater than the size of the house or 1,000 sq. ft., whichever was less. Commissioner Holmes asked for a clarification of what constitutes incidental and secondary to the residential use of the premises. The Secretary stated that they could not turn the whole property into a shop for making clothing items, that it would still have to be primarily a residence. Commissioner Sherritt asked whether TV reception might be affected by the sewing machines. The Secretary stated that he doubted that would be the case though, if it resulted in a problem, it could be pursued as a nuisance complaint. Commissioner Sander asked what would be done with the sign to indicate that the business would operate on an appointment only basis. The Secretary stated that the staff suggested that a phone number be placed on the sign so that people could call before they came in. Commissioner Holmes asked what was on the front of the garage at present. The Planner answered that there was a large window across the front of the garage with a wall beneath it. He stated that he did not think it would be all that burdensome to put the garage door back on in lieu of the fact that the addition was being pursued. Commissioner Mann asked whether it would be appropriate to put a six month review period on this application to see whether it was complying. The Secretary stated that that was possible, but added that he believed the applicant would cooperate with the conditions of approval. In response to a question from Chairperson Kalligher, the Secretary stated that it would not be possible to park on Brooklyn Boulevard and that the driveway expansion should help to accommodate customers. Commissioner Mann asked whether there would be any employees in this home occupation. The Secretary stated that that was not part of the proposal, that only people living in the home would work in the home occupation. PUBLIC HEARING (Application No 92008) 5 -14 -92 2 Chairperson Kalligher then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. She asked the applicant whether he had anything to add. The Secretary asked Mr. Thao whether he had a chance to review the report prior to the meeting. Mr. Thao's son responded in the negative. The Secretary asked whether there were any questions. Mr. Thao's son asked regarding Condition No. 6 in the report. He. stated that the proposal was to add on to the garage and to use the garage as part of the shop. The Secretary stated that the condition requires that a garage door be put on to allow for cars to be parked in the garage. After Mr. Thao's son conferred with Mr. Thao, he stated that his father would be unable to restore the door immediately, but wanted to add on and then put the garage door on later. The Secretary asked whether it would still be part of the construction proposed. Mr. Thao's son answered that it would be part of the expansion project. The Secretary suggested that the Commission recess so that he could discuss the conditions with Mr. Thao and make sure there were no misunderstandings. Commissioner Bernards agreed stating that he wanted Mr. Thao to thoroughly understand the conditions. CLOSE PUBLIC HEARING Chairperson Kalligher asked whether anyone present wished to speak. Hearing no one, she called for a motion to close the public hearing. Motion by Commissioner Bernards seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. RECESS The Planning Commission recessed at 8:06 p.m. and resumed at 8:25 p.m. Following the recess, the Secretary stated that he had discussed the conditions with Mr. Thao and his son and that , an understanding had been reached. He stated that Mr. Thao was willing to add onto the garage and put on the driveway expansion once the permit is approved and would put the garage door back on within 12 months. He stated that he believed that Mr. Thao should be able to park a car in the garage to make residential use of the garage. He stated that he would recommend approval of the special use permit with this modified understanding. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 92008 (Nhia Yong Thao Motion by Commissioner Mann seconded by Commissioner Sherritt to recommend approval of Application No. 92008, subject to the following conditions: 1. The special use permit is granted for an alterations shop in the garage at 6136 Brooklyn Blvd. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 5 -14 -92 3 2. Customers seeking alteration services shall be served on an appointment only basis. Hours of operation to be open to the public shall be from 9:00 a.m, to 5:00 p.m. Monday through Saturday. 3. Only products produced on the premises shall be sold from the premises. 4. All parking associated with the home occupation shall be on improved space provided by the applicant. The applicant shall widen the driveway by at least 6' for at least one car length in front of the garage. 5. The shop area is limited to a 9' x 35' addition to the north side of the applicant's garage. Building plans for the garage addition are subject to review and approval by the Building Official prior to the issuance of permits. 6. The main portion of the garage shall be restored to the function of storing automobiles by replacing the overhead garage door within 12 months of issuing the building permit for the garage expansion. 7. The applicant shall install a 10 lb. fire extinguisher in the shop area. 8. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 9. The exterior of the addition to the garage shall be consistent with the exterior of the house and garage. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards, Mann, Holmes and Sherritt. Voting against: none. The motion passed. Commissioner Bernards asked that it be entered into the record that a letter of support had been submitted from Dr. Lescault who lives next door. The Secretary stated that he hoped to have the Group Home Ordinance back for consideration at the next meeting. He also stated that the Brooklyn Boulevard Study was awarded to Dahlgren, Shardlow and Uban and that any ordinance changes or Plan amendments would come to the Planning Commission for their review. The Secretary also informed the Commission that the 50's Grill on Brooklyn Boulevard wished to make a kitchen expansion which would involve a sideyard setback variance. He stated that the Council discussed this matter at its last meeting and that staff had 5 -14 -92 4 recommended that any ordinance change be considered along with the Brooklyn Boulevard Study. He stated that the Council adopted this recommendation. The Secretary also noted that Commissioner Kalligher had been appointed Planning Commission Chairperson and that the City Council was looking at the process of selecting the chairperson of each of the Advisory Commissions, whether to appoint or elect those chairpersons. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Sherritt to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:37 p.m. Chairperson 5 -14 -92 5 PLANNING COMMISSION INFORMATION SHEET Application No.92008 Applicant: Nhia Yong Thao Location: 6136 Brooklyn Blvd. Request: Special Use Permit The applicant requests special use permit approval to build and operate an alterations shop in the garage of the residence at 6136 Brooklyn Blvd. The property in question is zoned R1 and is bounded on the north and east by single family homes, on the south by the PBC clinic, and on the west by Brooklyn Blvd. An alterations shop, if conducted in the residence with no outside employees, would be considered a permitted home occupation under the Zoning Ordinance. However, in this case, the use of the garage puts the home occupation into the special use category. The applicant submitted a brief hand - written letter which we have incorporated into a somewhat longer submittal with information about the home occupation obtained from asking questions of the applicant in the Planning and Inspections office. A typed version of this submittal is attached for the Commission's review. The submittal indicates that the proposal is for an alterations shop in an addition to the north side of the garage in an area approximately 9' x 35 A rough site plan drawing is also attached. The hours of operation would be 9 a.m. to 5 p.m. Monday through Saturday. The property has a two car wide driveway at present and the applicant plans to add a 6' extension to the south side of the driveway. Only family members who live at the residence will be involved in the home occupation. There will be no outside employees. Mr. Thao proposes to put doors on the west end and the north side of the garage addition where the home occupation is to be conducted. A fire extinguisher will be installed in the shop area. Mr. Thao intends to have a 6 sq. ft. sign consistent with the provisions of the Sign Ordinance. One of the primary zoning concerns with this application is the origin of the products sold at the site. Under the Zoning Ordinance, goods produced on the premises may be sold as part of a legitimate home occupation; however, goods produced off the premises may not be sold. In discussions with Mr. Thao, it is apparent that he would like to do as much for the Hmong community in the Twin Cities as possible. We have explained that this home occupation cannot become a transfer point for goods produced by other persons working and living elsewhere. We believe that Mr. Thao understands this limitation in the Zoning Ordinance and we expect that he will abide by it. Another concern with this application is parking. The applicant is not providing a parking lot for the business as such. It will only be possible to park two cars abreast next to the garage once the driveway expansion is added. We do not know, frankly, how many May 14, 1992 1 customers may come to the shop at one time. We do know, however, that there can be no parking or even a backup of traffic in Brooklyn Blvd. Since the garage is detached, the driveway is approximately 60' in length. It will probably be possible for four cars to park on the expanded driveway. However, this will not be convenient parking since two vehicles would be blocked in. The home occupation may occupy approximately 315 sq. ft. At 5.5 spaces per 1000 sq. ft. of floor area, the parking requirement would be 1.73 (or 2) spaces. The "shop" area would be primarily for making clothing and other items; it would not be devoted entirely to sales. To limit walk -in traffic and thus traffic congestion, it may be appropriate to limit service traffic to an appointment -only basis. Putting the phone number on the freestanding sign may assist in controlling walk -in traffic. Another issue with this home occupation is the fact that it involves an expansion of an accessory structure for the express purpose of engaging in a home occupation. While this raises the concern of the "commercialization" of the property, it should be pointed out that such additions for home occupations have been allowed at least three times in recent memory: once for a photography studio on 69th Ave. N., once for the home occupation right next door to this one for expansion of a chiropractic clinic, and once for a woodworking shop on Grimes Ave. North. While the proposed addition is substantial, it is not greater than these others and, we feel, can be allowed without making the home occupation more than secondary and incidental to the residential use of the premises. Finally, there is the issue of whether a shop such as this can even be located in an accessory building such as a garage. The Zoning Ordinance acknowledges home occupations in garages. Historically, however, home occupations in garages have involved small engine repair or fairly heavy machinery. Under the Building Code, garages are classified as a group M1 occupancy which is not a habitable occupancy. The proposed home occupation will certainly involve persons occupying the shop space. Other home occupations have also involved persons performing a service or producing a product in a garage. While it would certainly be preferable for the home occupation to be conducted in the dwelling rather than the garage, we do not know whether the proposed home occupation can be prohibited from the garage, in light of the Zoning Ordinance provisions and in light of precedent. In the past, the garage door was taken off the garage and it has been used, so far as we know, for storage. At a minimum, we would recommend that the garage door be put back on the garage so that it can function, in the main, as a residential garage and not entirely as a storage place for the shop. This would also allow for the family vehicles to be stored off the driveway, thus allowing more driveway space for customer parking. Conclusion and Recommendation May 14, 1992 2 In general, we feel that the proposed home occupation can be acknowledged under the provisions of sections 35 -406 and 35 -900 of the Zoning Ordinance (attached) . Any action recommending approval, however, should be subject to at least the following conditions: 1. The special use permit is granted for an alterations shop in the garage at 6136 Brooklyn Blvd. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. Customers seeking alteration services shall be served on an appointment basis. Hours of operation to be open to the public shall be from 9:00 a.m. to 5:00 p.m. Monday through Saturday. 3. Only products produced on the premises shall be sold from the premises. 4. All parking associated with the home occupation shall be on improved space provided by the applicant. The applicant shall widen the driveway by at least 6' for at least one car length in front of the garage. 5. The shop area is limited to a 9' x 35' addition to the north side of the applicant's garage. Building plans for the garage addition are subject to review and approval by the Building Official prior to the issuance of permits. 6. The main portion of the garage shall be restored to the function of storing automobiles by replacing the overhead garage door prior to the issuance of the special use permit. 7. The applicant shall install a 10 lb. fire extinguisher in the shop area. 8. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. Submitted by, r --- 7 Ct Gary Shallcross Planner May 14, 1992 3 Approved by, G . Ronald A. Warren Director of Planning and Inspections May 14, 1992 4 April 20, 1992 Dear City Government, I would like your approval [of] this application. I want to be a good citizen of America. Thank you, Nhia Thao (The following information about the proposed home occupation was obtained by asking Mr. Thao questions about the home occupation.) Nature of Activity: Alterations shop; make and sell clothing items, quilts, etc. Location on premises: In addition to north side of garage. Hours of operation: 9 a.m. to 5 p.m., Monday through Saturday. Parking space: Two car wide driveway plus 6' expansion. Employees: Only family members living on the premises will be employed in the home occupation. Ingress and egress: There will be one door on the north side and one door on the west side of the garage addition where the home occupation will be conducted. Safety: A fire extinguisher will be installed ih the shop area. Signery: A 6 sq. ft. sign will be erected as is permitted on Brooklyn Blvd. Only items made on the premises will be sold from the premises. CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 569 -3330 NOTICE OF PUBLIC HEARING TO WHOM OM T MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, May 14, 1992, 1991 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. TYPE OF REQUEST: Special Use Permit PETITIONER: Nhia Thao PROPERTY NAMED IN THE PETITION: ON: 6136 Brooklyn Boulevard Legal Description: Lot 7, Block 3, Lawnridge Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Request for special use permit to build and operate an alterations shop in an addition to the garage. , Respectfully, L4 } v Ronald A. Warren Planning Commission Secretary \ ,�; `\ :� `\� � ' , / ''\� \;�' ` °�?:\ y ? tits` , \+`,��, � ;�`.\ \ \` \�`'�� . \��\' \i'), •c ,' �� } ti , 'k a. f • x +, < ,;; :�,":; ��\;: , ',;:; �'� E tiff � ` ,'t` �� > `x; :;�;�:,: \;�'� v 0 \ �,•� �'+,� ; �-. `'\vr';�v�: = =;�s .\ �� \i;'.' � >k�'• :,n;' \ � \\ \'` ,� I,� .� \\ \ fit " - •� �\\;'`'•''\` �� �'� ���/// /// 3 17(37 m ° ;`, `. \\ •�::: ,`: '�', \,, � � off. 1/ �\��� x ail .7 Is 'N "3nY NHf19HSY11 � � `\ � : �� ,`` •` \:: Ku I-� f • ��® \ -w'� rf i — .-- __ - -- _ • �� � \• ` \\\�` �; ,�(�r - -® __ } " X 53 - ( � } ( - 1 { � V j - -� LLL1l_1_L�.J - ;� ill ass LU �I w o f\1 1 AVE. -�/ D N. \: �: \\\•, K. � a .: x ;�:; _I 1 - _ -_ -_ _-" 1-- � 'N '3AV N3�AOFA „ �r� '� ;: \ �X �� \ ' r } _ � < l _ ll_ - 1 _I1J j �- ;� � - N 3n y 3•r A3b7 •�r, x_ ��� , !F 1.L1� _ pEr� - AYE. N•`� _ DRF YI AVE_ s� ° - <I ' • �' w V ♦ • �' -', \, X• 1��. U F � . � r - lJ�- MINE AYF. L I ! I r ,� AVE. N. 1 A �� I ") - ° �- 1 - Yj w < t M 4''AIf TM fAHitt IK S 7I '7I � -- bD N]iNVfl _ -i � �' NAl [F AY A� R- y - - - � - _ � � I II II '��nn'.jjlI 3AV J N �\ it 511A -. „ , w' ytA __� - I t H KYLE AYE � -_ .. - �`♦ r \ 'i; r;t, , >'�` '�'` ___:_:_: JUNF AYE. - -- _�� � �• ` OY t � �. N L L �. -�_ r _ � - � ( 3 — r ' y�� ni',5� 1 J 1 1 r , i L tea.:. • � a�a::.::' -mss • , V� IUJOR AVt�N. -�__ ' :is'`' •� Q _�� _. �_�' t ___ � .. _ NOECE AVE. N. `✓ ' _ r �' X... „ •.�� J wE. N i J J — 1 r CL I11 - —7 _. .• AVE x� • 11 .;f .. I V, 1.11._1 - �- T .� - - 1 , , , P ,.',� ,. ;,, -;- ,♦�, t �� -��, ��t (lYti.IN E� �r 11� - 1 r11 ; ��_ll,� ,.�- ��_..� f • ° t I 1 � I v7 1 h asc)��� � }�'•' j , j ' I i RI T: -' ' " �r I \ I • � ? M ..., a,. 1, Nr, u.• ly. An. t, �.....• urun�e.. wa« 1w.. �nM wMn. �w. r. rwM �wan�+ n. waM. �.+ ww�• wr�w....w�.w�+•.....- v..���:�, RESOLUTION NO. 87 -87 RESOLUTION NO. 87 -134 RESOLUTION DEFINING DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER PLANNING COMMISSION THEREFOR WHEREAS, the City of Brooklyn Center is promoting planning of development and redevelopment in the City; and WHEREAS, provisions for an advisory Planning Commission were established in Chapter 35 of the City Ordinances; and WHEREAS, as part of a movement towards standardization of the City Council advisory commission structure, Chapter 35 of the City ordinances relating to the Planning Commission was amended on March 23, 1987; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, it is desirable for the City of Brooklyn Center to continue the function served by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby established within the City of Brooklyn Center an advisory Planning Commission with duties and responsibilities as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Planning Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to planning functions. Subdivision 3. PURPOSE: The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to comprehensive planning of land use and development, platting, rezoning and special use applications, plan approval, variances and appeals. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission are as follows: 1. Planningr a. Comprehensive Planning. The Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Commission shall hold at least one public hearing to consider the proposed amendment. The staff liaison to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the staff liaison shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of two- thirds of its members, amend the Comprehensive Plan. b. Coordination with Other Agencies. In the performance of its planning activities, the Commission shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in a development of the comprehensive municipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. C. Land Uses The Commission shall, from time to time, review and report to the City Council on balance among Brooklyn Center land uses, and shall review existing land uses and kindred regulations, recommending any changes to the City Council (as outlined in the Brooklyn Center Year 2000 Committee Report). -2- 2. Redevelopment The Commission shall, from time to time, upon its own motion or upon direction from the City Council, review and discuss a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. 3. Platting Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed under the provisions of Chapter 15 of the Ordinances of the City of Brooklyn Center. 4. Rezoning and Special Use Applications The Commission shall hear and review all applications for amendments to the Zoning Ordinance, hereinafter referred to as "Rezoning Applications ", and applications for special use permits. The staff liaison to the Planning Commission shall maintain ermanent p files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the municipality, the minutes of the Commission upon the hearing of the application, and the written recommendation of the Planning Commission. (See Section 35 -210, Rezoning, and Section 35 -220, Special Use Permits of the Ordinances of the City of Brooklyn Center.) 5. Plan Approval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), shall submit information as set out in Section 35 -230 of the Ordinances of the City of Brooklyn Center. 6. Variances (Adjustments) and Appeals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. -3- The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Board of Adjustment and Appeals. The staff liaison to the Planning Commission shall act as the staff liaison to the Board of Adjustment and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The staff liaison shall maintain a separate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, shall hear applications for variances (adjustments) in accordance with Section 35 -240 and appeals in accordance with Section 35 -250 of the Ordinances of the City of Brooklyn Center. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and six (6) members, all of whom shall be appointed and serge as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to planning and zoning; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Planning Commission of matters relevant to planning and zoning; -4- 4. Provide liaison with other governmental and voluntary organizations on matters relevant to planning and zoning. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered two -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the planning function. Representation Requirements Due regard shall be given by the Mayor in appointing Commission members with geographical distribution within the City, as described in Subdivision 10. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. -5- Resignations- Removal from Office - Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one g n calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: Regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. -6- West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. -7- ennu n.nrna . rt�.y •t . ,_11� � 1 1• -.T'j ) - 1 � �) � � � � lQ �,yQ��tr✓ ,� j..-� t - - = a Y} � 11 I ? tiitr l ,i } �� 1 („ ,'t� t� �'` .c` E � {�' "� :1jiK; ` I] E�III (�- ;-- [ {L�i:t17.: ■��C7 0.. 0 c � �3 U GluEi` AIL i' j �.i {�,[N � rTl +�['. r r� �;� � r� r;�•;� -J�- 7}C %. i 1T .][lm�l K I M Ila oolo ;;r, -r;' ! � h • - -i ` CL�Ilf�ii{:8���{C•�lIBC��3f �.. m11I1][ 1311 l� on y /� � � .� (�~ )�;1'){ Ir l i �, � w t1.�•,..'� { �r it � �I { ?T,,, ... � ; yg U I �::, r •�f it � �" � , � �,^'�, -{ is � r �k � -- . Z ' ll 1 .] (� 1 7t1 ,. 1Y. t gwur t t. t.tit. ••�{ .t�..�............_.. 00 NIII Li L S {) ll 1T 'r�Z yQ O .q— 09 iiO- �A\ �+_' _JUIJI ti.... - A " Q •, OM ♦lil nYN tl00 Y �•� I tov, N Y I:{ it L!1 1 �1. k4 r''� >• ` !" - z - t- rr,,; -,.Y,: t r C3 (� 1 i ! G S i -- k o s 0 al f 3 Ii.it f �� {i,;; J{ 1)E�IIli( ;- [ sr� _ ■��C�l 1tA i . + I[Lu3 r° j� €ilti`il)1}i'1 PtI � 1 1 r.� .tf lrwir� T i E 7. f 1 i 1 Ir 1 � ii; r, Z ..... • - • t(, Cliitlfc TM - 1 IITi 1 0 11M � �l ,rllD l r1 IMF E LL f S: � I ii r �`- I ,�'��_il�{ •� � � ' ` �' /� L it ��Jl��')'i' � L:t'1 ,r• � i •••,• >`�i ' .`� 1 1 t r ills" ' '�� � � —/ IIi i�fl[1flll> Hill IT, CL T. ( P I r j 1: �� tr t �Y f�� f , •,gW..�u i * tftV2. •• �� •.�..• ± �......•. • L ,�, = , :., -c �'��- ;ref,, .Y � >w.L, lID 4 t 1'r•; -1 L I I �1 a- 1 r• uJ . c 5 0 9 W-J d tlplili AlptlNtl Al le"i MAlxll L. —���. �J�� • _ 1 fM YYYY �} "ty�l` I IT xfM ,.»�7a .�_JAAAV.It�J(� ■ ■ ■tt —__- , ,.. r['�' �Y ©�-- -NL�I F [ — p,x.,xtl.rxf 000 ©c I IM Mtl�A — Y fM xC11 T IF 1IM MtlMIxf T Yfl � IfM NIM/ ® j 1 A ] ] 1 ] �� .✓_ � / �l !(� �� \` f _ —; ` r I e I I ( I �1 Q IIM MCiA) • n , , � / ��{�31; \.� � p ii � 1 � /{ - 'II SS l , I,f.Yffb � .,:•y , � � (� •I �. _ _IL E- + iN „7,YI C •e a'S _,_�+ -_ �iQS* u�V [ —" 1 L 2 / f t.) v rh ,nM .iY r hAlv00p/ A 17 II AI �J \ F W C ( / Yf � � I M � � ,•�,' o Ihli � ) I ) it �' )i i)l �( ((l ( I 1 � a p rf Iy l jl l t �l�Si( {fa 1 "� 01 1f i ifr�i r � li( )� Illil 11�t��l�l� all �I W1 1'•1 li� i��iil���ilii����fltfit r c:'r "r` --rte + - _ r r i r 111d.Y1 M 11,1 .,. r. �' � ' - �, I ti"''_,�.- •- ,... —.. •'�' t.� - - '� . �•te _rte — _ - _ .,.,,,.n.S -�. 'a�: - r.. — rw :• ! - or - - -- I I ,ST.�'�'. �,'S1 � h R= i u [ J f p n— �r< 1 a�o � _ ou ��J�/� {� 7�.. �`> I ` � �I U'�1V�I�r�a �11 . �i•. I_s1l�n_ 7 L .,,. w� , ' l� ( � ; •{ , i1`�4 'i' fi 1 s \ I t `� a y I • � .� I ' ' vYsti'xs `� rzt �„ �\ �• 1 � � � � a r r r � _ ) .rM r. I �' 1 � . � e � .�� ni t. - . _ o � � 3 .. \ "�__ - -fie t E t t � T — _ 1 ,r•, wS7A g ' � • -- // /i ..' I i� }; � t__ JL_ J ���Er��s, _. . n. r,.Kl! )� -.�I (. � lyt�l �;Liq �` U ! ! f I L 7 -- ��% � \1'�; �It �µ �1 •- � � � � J1- U )tn r w 4 =w zW- / _ " @� �,• 1. - - J f -m �i� LJLI � yma - ..rrtt'S. ���irirar - - -_ ��r?_. _. Ji „».,,.;� _ --- ••. ,�'� Ii .. , � . � •�, � _.,,.r:� — - - -- - -- -- _ A 1 _ 1 W w,211f! ' ✓�Y - - - `j� �T .[ - -'_ ,'/ I ` I . f IIII'il I I I , I awr I I I Ili': 1!� I pl,41 � ( �r _ _ � \ i �- I� I � 1 lui t i111111 I� 1!I tl l j il � 1�� l 1111 IIIt�i l�i il --, r- •- -� 1- ,�- ,r- Inr-- -- ,r- - - - - - -- ;illy =• -11- r;- d_: =-E• i i i"'�E°.aE�i""•i1 _J 6 i i E i i iii ef rl llr� /A r ` "�Y 1B — _-- Idd1t�1 �✓ — — —_ _ ,,.. ,,. b - rr l_.JU —J� L^ ----✓ . r: IL IL ,o..•..G1 rTmm — t __—_ --' I Lam- LJI�. 1C IM I Tm s � I {fl31 ` .1.:•.)'11 �wW � -r - ,».•.- ... -- 1_"_ + !�,` � r M JL J_� t71 , —_ Uu IL U r I I ZW ...... - -`' .1 u r • T 1 / i n' l.. i__r�_ ' a .lA E � , u . /w arH'16 .. 1 - 11 f' � . , �:At! - " r I (_�_.� �_ L � � rF -� /(// , � (— -1 . _ . mom - __I ..f .1,1..1 r. .. 1 L... i•..S e.w1YE! .. �.. �. 1 � �r. .I m ��.------ -❑❑❑ •'/ I I I I 1:11 . , I 1'U .i�l I I r �lll I I , '. . 047 Mb AM lrri w., lrrTwT M ure 1) O�� III III+I'' j!il��.,I li I I I I�� I I I E I � I (ii�l .. tee.. 1 iii + I�• ! I I I �� ij ! ! '� r 1 —� � 1 'I�Ilu1 'll I � II t �) 1 II jl lill'lll! Ill jlll 1p !!111 (II I. .....� �- �� 11l► lilulll�l1 11, iIII1 i11iIlil�Elllhlil !illlilanilill(fllli,�!(Inla I , 1 IA -' -... a . ' _ PI , -•n. - mrrtttt 1 • rF .. r Pon �1 1=1�- 1" C=am .,.•.," b.�. a mm- I { \ a �J l_J r L � - J 1 j r L_� J� L._._ i r- /�/ t - mr - d , L�J I r sr L�JL —J� v Fil I I • } 1 Ow. i \ .1... sm )� � , : • u t � � CAL. =.� �` ,� Li a 1.: •.:If � � T,t )� . t - r..:r1 f '• — r ��L ---' ' - I _ �,.� �. r m, - "- Al awl �:' m ... ,,..., l ull LJ .rs ya* • - in,.r .o y •.� -� __— /J A Mi r.•n. _._ - - -- YT, li � _�..F - -i;� '' _ 1 Q f — � __ aw e1il 'ei ..•` t i _ -- rT.risn - l ll —_-•� _— _ I�t— . rM,I"r f . }I� rm nrtw ;. A W e,lRl 1 / { 1 ee M ird ( ✓t•..irC . , i�l:. ilil I j1p, 1 I 1 I I ,i„�' I Ilil i I I I i I I� I I I�I� � I I. I I I f i )1 ! Il ii' utf l!! I] il, E t►. IIII!l i; ilsficlf�silll] iell� ll!ldlllni�ltll]i !• ---E t- E E i`°`E°•�i�.E"" _I,��1 d E d E E E E�='�E _ _ __ _ _ �� ��. , �n.m er . e .� �'�. � Af 1drY, a Ald • .d � -'. '� ` ♦ r . v if — U A l l ( T' w _ vk .,. nr,Tl: i : '.• A , fi r, ,. 7 IL - 1 . ;( ` i; - .....,6• ", l - _ 1 � t � /l;_: tl C.�l..; � ..:nr,7 _ t � F 777 «t'�_ - �++11 _ 11 r ��.- . I� A � U l.J ♦,x -rs. *• rrir.r ,,� 1 .i,� ' -- ._ �._ \ � + � ' � �- 1 l��I 1 11 i �i 1 It 1 1� l�illll'�II ' l�l �' ...____(,,,,, r � --� ,�� lil �ll uiflllll ihl 4l!► ilil illlf�lil�ll l{ �lilell� !!!ldll�ui�liigl11113flin1.1 -- ,r --- - -- —;III l CITY OF BROOKLYN CENTER Council Meeting Date 5126/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: MANAGEMENT SALARIES ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Geralyn R. rove, Personnel Coordinator MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUl WLARY EXPLANATION: (supplemental sheets attached ) Earlier this year, the city council approved a Request for Proposal for a compensation study of executive positions. The responses to the RFP were rather expensive, and so an alternative is being suggested for consideration by the council. The City received two proposals in response to the RFP; one from Hay Management Consultants and another from DCA, Inc. These proposals range in cost from $12,350 to $19,110, and a comparison sheet is attached identifying various components of the two proposals. As a more economical alternative that could render the same results as those delivered by paid consultants, staff is proposing to conduct an in -house study with an audit of the study results to be conducted by Labor Relations Associates for a minimal fee. Enclosed for the council's review is a memo outlining the jurisdictions to be surveyed and a sample survey form for the director of public works that could be developed specifically for each of the other management positions. The positions affected by the council's freeze in salary ranges include city manager, director of finance, chief of police, director of public works, city assessor, director of planning and inspection, director of recreation, fire chief, and liquor stores manager. RECOMMENDED CITY COUNCIL ACTION Discuss the options for studying management salary ranges. 4 EXECUTIVE SALARY STUDY COMPARISON OF PROPOSALS City of Brooklyn Center COMPARISON ITEM = HAY DCA i Time frame to complete 8 — 12 weeks 1 month project Total project costs $16,400 — $18,500 $12,350 — $19,110 (plus minimal expenses) I I i ' Hourly billing rates $100— $210 $130 a No. of staff working Three One ji on the project Level of city council Very limited Active in certain involvement stages I I i' i Performance review Enhancements to current More thorough; will system system involve training of city manager, city council I Advantages Use of guide chart profile Accessibility to method more accurate for broad data bases matching like positions �I Disadvantages Additional costs to study More difficult to get to value benefits a good match for each position Comparisons will be made to only 4 — 5 selected cities 1 i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: April 15, 1992 UJ 1 SUBJECT: Executive Salary Study Attached is a sample survey form developed in -house that could be used for conducting an executive salary study. A form would be tailored to each of our executive positions. The following positions would be included in the study: City Manager Director of Planning & Inspection Director of Public Works Fire Chief Director of Finance City Assessor Chief of Police Liquor Stores Manager Director of Recreation The cities included in the 1977 management compensation study conducted by Loren L. Law and Associates could be surveyed, with the addition of Maple Grove, Minnetonka, and Blaine. These cities are: Bloomington St. Louis Park Edina Richfield Roseville Brooklyn Park Coon Rapids Fridley Crystal Golden Valley Plymouth New Hope Robbinsdale The cities with liquor operations comparable to Brooklyn Center include Edina, Richfield, Apple Valley, Lakeville, Columbia Heights, and Anoka. Those cities with a volunteer fire department and a full -time fire chief are Brooklyn Park, Plymouth, Minnetonka, Crystal, Golden Valley, New Hope, Maple Grove, White Bear Lake, and Anoka. As we discussed, we would conduct the survey ourselves. Labor Relations Associates is available to audit our results for around $2,000. If you need additional information, please let me know. Attachment CITY OF BROOKLYN CENTER JOB TITLE: DIRECTOR OF PUBLIC WORKS REPORTING JURISDICTION: YOUR JOB TITLE FOR THIS POSITION: SKILL LEVEL: Top position involving responsibility for overall supervision and coordination over the following divisions comprising the public works department: engineering, streets maintenance, parks maintenance, public utilities maintenance, vehicle maintenance, and government buildings maintenance. EXAMPLE OF Responsible for the management, supervision and operations of the public DUTIES: works divisions. MINIMUM Bachelor's degree in civil engineering or related area with certification as a QUALIFICATIONS: professional engineer in the State of Minnesota. Minimum of five to seven years of municipal engineering experience with heavy exposure to public works functions. Please list significant variations in your position from the above description: 1. 1992 ACTUAL ANNUAL SALARY: $ MINIMUM MAXIMUM 2. 1992 ANNUAL SALARY RANGE: $ $ 3. IS JOB SUBJECT TO OVERTIME PAY? YES NO (CONTINUED) DIRECTOR OF PUBLIC WORKS (cont'd.) PAGE 2 4. IS JOB ELIGIBLE FOR FORMALIZED COMP TIME? YES NO 5. NO. OF YEARS OF SERVICE IN TIIIS POSITION I3Y TIIE INCUMBENT: 6. NO. OF OPERATING DIVISIONS REPORTING TO POSITION 7. CHECK TIIE FUNCTIONS INCLUDED UNDER THIS POSITION: 1. Engineering 5. Vehicle Maintenance 2. Streets Maintenance 6. Government Buildings Maintenance 3. Parks Maintenance (physical plant, grounds mtnce, etc.) 4. Public Utilities Maintenance 7. Other (describe) 8. FILL IN TIIE NUMBER OF EMPLOYEES SUPERVISED: NO. OR EMPLOYEES SUPERVISED FULL -TIME PART -TT MC FUT.L -TIME EQUIVALENT DIRECTLY INDIRECTLY 9. AS ACCURATELY AS POSSIBLE, FILL IN THE AMOUNTS FOR 1991 IN WHICH TIIIS POSITION HAS BUDGET AUTHORITY: General Fund Budget $ Other (list) $ Enterprise Funds (list) $ $ CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number C REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Algae Treatment on Twin Lakes DEPT. APPROVAL• Arnie Mavis, Director of Recreation MANAGER'S REVIEW /RECOMMENDATION: 1� low— No comments to supplement this report Comments below/ ttached SUMMARY EXPLANATION: (supplemental sheets attached ) • The park and recreation commission at their April meeting made a recommendation that the Brooklyn Center city council contact the cities of Robbinsdale and Crystal city councils to see if they would help to pay for the algae treatment on the Twin Lakes. This subject was discussed at a Twin Lake Task Force Meeting, but no action was taken as the members felt their job was to work on the Twin Lakes Trail System. My suggestion if the city council wants to proceed with this program, is to get together a member of each city council to discuss the program and what each city could do. RECOMMENDED CITY COUNCIL ACTION CITY OF BROOKLYN CENTER Council Meeting Date 05/26192 • Agenda Item Number V REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G DEPT. APPROVAL: Sy app, 'rector of Public Works M W it* ANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The 1992 budget, as adopted, provided $140,000 for sealcoating of streets in the City. On April 13th of this year, the City Council approved plans and specifications and authorized advertisement for bids for the 1992 Sealcoating Program, Improvement Project 1992 -09. As a result of the Financial & Service Prioritization Program, the area planned for sealcoating was reduced, with an estimated effect of a $18,000 savings to the General Fund (see attached map). The effective sealcoat cycle, however, was extended by 1 year, which will result in increased long -term maintenance costs. Bids for this work were received and opened on May 21, 1992. The attached Resolution shows the detail of the bids submitted. The plans and specifications for this year's program, similar to the 1990 & 1991 programs, provides for bids based on the following combinations of materials: Option A - FA -2 Modified (trap rock) for residential streets FA -3 Modified (trap rock) for collector streets Option B - FA -2 (granite) for residential streets FA -3 Modified (trap rock) for collector streets Option C - FA -3 Modified (trap rock) for both residential and collector streets Option D - FA -2 (granite) for both residential and collector streets For the information of the Council, last years recommendation and subsequent contract award was for Option A, recognizing the better wearing characteristics of the trap rock material and cost effectiveness based on the unit prices bid. i Allied. Blacktop, the low bidder for Option A, has extensive sealcoating experience in the Metro area and is regarded as having the most up -to -date equipment and expertise available. Additionally, Allied Blacktop was awarded the 1989, 1990 & 1991 City Sealcoating projects, and have performed satisfactorily. Accordingly, staff recommends acceptance of the low bid for Option A and award of the contract to Allied Blacktop of Maple Grove, MN. NOTE While the favorable prices submitted and the specifications used would allow this year's program to "expand as last year's ", staff is recommending against sealcoating into the area(s) adjacent to this year's planned program. The concept of a local street replacement program has previously been discussed, and likely areas for future work could include the area in which sealcoating was deferred based on the prioritization process. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bid and awarding contract to Allied Blacktop is provided for consideration by the City Council. • ` ■ CITY OF 11 _ R OO K L Y CE NTERA "E 600 0 600 1200 1800 Ei E SM A M - L 1 SCALE IR FEET - -� ,� r I viv y � P REPARED BY ULTIMAP, APRIL 1989 I� DOL xlm \/♦ b ci f g A SfN AYE. M. AYE. _ �l i �( `�• \ Ate. T} tt x X 'L- N- T 'SY�' ; . J` �M X01 ,X S' �' �• Il sr AYE M- i i b t �w AvL N Y r--� 2N0 AVE_N. I t s \ Qm 5T. Y Z z 1992 SEALCOAT I A N. � tj Stn Sln i�r L- G AVE_N. r 51 ST AVE N. .,�` LEGEND ° W A 1 LJ 50TH AVE. N. > Q O m '°'N "W : FA -2 AGGREGATE m cc 49TH AVE.N• j '„ a \ J N uKE9eEE2E AVE. N, - Dd `` FA -3 AGGREGATE 11 O 1 48TH AVE. N. > C 4-87. AVE . M. C 3 t W 100 17111 AVE. M. � 1 p SIGN LOCATION a LL TH AVE.N. Q Y 1/2 AYE, , RYAN LAKE W cc /r OF L Ji 4 P,OBB /NSDALE - Ll Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1992 -09, bids were received, opened, and tabulated by the City Engineer, on the 21st day of May, 1992. Said bids were as follows: Bidder Option A Option B Option C Option D Allied Blacktop $ 99,771.99 $ 88,091.89 $106,704.98 $ 85,720.41 Bituminous Roadways $103,502.26 $ 91,542.01 $111,564.90 $ 88,948.66 Astech Corp. $106,261.87 No Bid $109,739.25 No Bid WHEREAS, it is in the best interest of the City of Brooklyn Center to select Option A, as permitted by the Specifications for Contract 1992 -G, Special Provisions, Division B, B -7.3 "the Owner reserves the right to select and award a contract for any of the four options contained in the proposal form, in the best interest of the City of Brooklyn Center "; and WHEREAS, it appears that Allied Blacktop Company of Maple Grove, Minnesota, is the lowest responsible bidder for Option A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Option A is selected because it provides the most desirable combination of materials at a competitive price. 2. The Mayor and City Manager are hereby authorized and directed to Y Y g Y enter into a contract for Option A in the amount of $99,771.99, with Allied Blacktop Company of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -09 according to the plans and specifications approved by the City Council and on file in the office of the Deputy City Clerk. 3. The Deputy City Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 0 RESOLUTION N0. Date Todd Paulson, Mayor ATTEST: Deputy 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 council Meeting Date _ 05 /26/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992 -13, SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS AND APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONTRACT 1992 -I DEPT. APPROVAL: Sy Knapp, Dirk or of ublic Works x MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /atta ed xrcx xse �ex>e>c �eM i<aY x�k>crex ��(cxacx x�c ac>!c>;exxxre �c �cx �e aY>!exacrc �cx xre>e�e>;c>;cx�;ex�eaex sexrexxxx�e�he re�;exxac �!e ae yc �;c �!c �Jc Xe xex>;e� SUMMARY EXPLANATION: (supplemental sheets attached Various sections of concrete sidewalk within the City have been identified by staff as being in need of replacement because of settlement, tree root damage, etc. These defective panels pose a safety hazard to pedestrians, as well as City Maintenance personnel who plow the walks in the winter. The amount of work required to replace these sections of concrete walk is beyond the scope of repair normally accomplished by City personnel. The Engineer's Estimate of construction cost for this work is $17,950. Additionally, the City Council at their meeting of October 21, 1991, previously approved Improvement Project No. 1991 -16, Trail Improvement at Humboldt Square. All necessary easements for the sidewalk (re)construction and landscaping have been acquired, and the City Engineer has developed plans and specifications for the proposed work, in accordance with the design Alternative E previously selected by the Council. The estimated construction cost of this work was established by Resolution No. 91 -247 as $21,210. For the purposes of bidding and contract administration, staff recommends combining these projects into Contract 1992 -I, and soliciting bids as soon as possible. The total estimated cost of Contract 1992 -I, including construction, contingency, staff engineering, etc. is $55,642. RECOMMENDED CITY COUNCIL ACTION A resolution which establishes Improvement Project 1992 -13, approves plans and specifications and directs advertisement for bid for Contract 1992 -I is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992 -13, SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS AND APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CONTRACT 1992 -I WHEREAS, the City Engineer has reported to the City Council of the need for the replacement of certain defective sidewalk sections at various locations within the City; and WHEREAS, the amount of work necessary to replace these sidewalk sections is beyond the scope of what is normally performed by City forces; and WHEREAS, the City Council on October 21, 1991 established Improvement Project No. 1991 -16, Trail Improvements at Humboldt Square, and directed the City Engineer to prepare plans and specifications for the work; and WHEREAS, the City Engineer has recommended that Improvement Project Nos. 1991 -16, Trail Improvement at Humboldt Square and 1992 -13, Sidewalk Replacement at Various Locations be combined into Contract 1992 -I for the purposes of administration and bidding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -13, Sidewalk Replacement at Various Locations, is hereby established. 2. The estimated cost of Improvement Project No. 1992 -13 is hereby established according to the following schedule: Contract $ 17,950 Contingency (15 %) $ 2.692 Subtotal Construction $ 20,642 Staff Engineering (8%) $ 1,651 Legal & Admin. (2%) $ 413 Material Testing (1 %) 206 Total Est. Cost Improvement Project 1992 -13 $ 22,912 3. Plans and Specifications as prepared by the City Engineer, for is Improvement Project No. 1991 -16, Trail Improvement at Humboldt Square and Improvement Project No. 1992 -13, Sidewalk Replacement at Various Locations are hereby approved. RESOLUTION NO. 4. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Deputy City Clerk for 5 percent of the amount of such bid. 5. All costs for Improvement Project Nos. 1991 -16 and 1992 -13 shall be financed by Local State Aid Fund No. 2911. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 05/26/92 • Agenda Item Number _0 C' REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJEC T NO 1991 -23, SEWER REPLACEMENT AT BROOKLYN DRIVE, CONTRACT 1991 -S DEPT. APPROVAL: 1 9 � ;x" �;� � - - - Sy Knapp, Direct of Pub i Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attar ed SUMMARY EXPLANATION: (supplemental sheets attached . Contract 1991 -S, Improvement Project No. 1991 -23, Sewer Replacement at Brooklyn Drive, has been completed b J.P. Norex, Inc. The Ci Council acc their y y P bid per Resolution No. 91 -268 and a contract was subsequently executed. Due to an overestimation of quantities, the actual value of work performed is $ 587.99 less than original contract. Staff recommends acceptance of the work performed and authorization to make final payment to J.P. Norex, Inc. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to J.P. Norex, Inc. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1991 -23, SEWER REPLACEMENT AT BROOKLYN DRIVE, CONTRACT 1991 -S WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, J.P. Norex, Inc. has satisfactorily completed the following improvement in accordance with said contract: SEWER REPLACEMENT AT BROOKLYN DRIVE IMPROVEMENT PROJECT NO. 1991 -23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: Original Contract Final Amount Construction Cost $ 58,371.80 $ 57,783.81 Easement Acquisition 0.00 0.00 Staff Engineering (8%) 4,670.00 4,623.00 Admin. & Legal (2%) 1.167.20 1,155.19 Total Est. Project Cost $ 64,209.00 $ 63,562.00 2. The value of work actually performed is $587.99 less than the original contract, due to a minor overestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $.57,783.81. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date Mav 26.1992 Agenda Item Nt�ber REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 17 THROUGH JUNE 28 DEPT. APPROVAL: P, pa'a� Patricia A. Pike, Deputy City Clerk MANAGER'S REVIEW/RECOMI IENDATION: No comments to supplement this report Comments below /attached SUNEM ARY EXPLANATION: (supplemental sheets attached ) • RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 17 THROUGH JUNE 28 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 17, 1992, through June 28, 1992. Date Todd Paulson, Mayor ATTEST: Deputy 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 council Meeting Date May 26, 1992 Agenda I[em Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH BROOKLYN PEACEMAKER CENTER FOR SERVICES RELATING TO DOMESTIC ABUSE INTERVENTION DEPT. APPROV James i riindsa , Chief of Pol' MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached -yes ) We were successful in being able to keep the domestic abuse intervention program within Brooklyn Center. The Brooklyn Peacemaker Center has agreed to administer this program, along with the juvenile shoplifting diversionary program for first -time offenders which has been so successful for us. We also inquired of surrounding communities whether they were interested in combining efforts in the area of domestic abuse intervention. Robbinsdale and Champlin have expressed definite interest in joining with Brooklyn Center in this program. As Robbinsdale and Champlin do not have any intervention program in place, the remainder of 1992 will be used to recruit and train volunteer advocates in their communities. In order to accomplish this, the Robbinsdale and Champlin City Councils have voted to put up $3,000 each in "seed money" for 1992. They would then anticipate being fully operational on January 1, 1993. On July 1, 1992, the Peacemaker Center will take over the administration of the Brooklyn Center program for the remainder of the year. We anticipate most if not all volunteers will stay with the program and the operation will stay basically the same with a change of coordinator, similar to the change when Anne Marshall left the program. The Brooklyn Peacemaker Center has made a tentative offer for the coordinator position to a woman from Minnesota Program Development, Inc. (the Duluth Project), which has an international reputation as an outstanding program. She has worked with and was recommended by Anne Marshall. We would expect the coordinator to begin work expanding the Brooklyn Center program to reinstate the jail visit program and recruit some minority advocates during the last half of 1992. At this time, we are requesting the authorization of the 1992 contract for the period July 1, 1992 • through December 31, 1992. During that time, we expect the three cities (Brooklyn Center, Champlin, and Robbinsdale) to form a joint powers organization to enter into a contract for 1993. The budget for 1993 for the three cities' program would be developed at that time. The cost for Brooklyn Center for the remainder of 1992 would be $20,000. This is within the amount approved in the 1992 budget. Because of sharing the cost with the other cities in 1993 when they become operational, we would expect the 1993 costs, when prorated against 1992, to reflect a 25 % reduction over 1992 costs. RECOMMENDED CITY COUNCIL ACTION Authorize execution of the contract with Brooklyn Peacemaker Center for services relating to domestic abuse intervention for the remainder of calendar year 1992. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH BROOKLYN PEACEMAKER CENTER FOR SERVICES RELATING TO DOMESTIC ABUSE INTERVENTION WHEREAS, the City of Brooklyn Center has had a domestic abuse intervention program since 1981; and WHEREAS, the general purpose of the intervention program is to intervene in domestic assault cases by providing information and advocacy for victims of domestic assault and by advocating appropriate responses to assailants within the criminal justice and mental health systems; and WHEREAS, the police and city administration recommend continuance of the program and the city council agrees with this recommendation; and WHEREAS, the city has determined the most cost effective means of providing this service is through contract with a nonprofit agency; and . WHEREAS, the Brooklyn Peacemaker Center has agreed to administer and provide coordination for the Brooklyn Center Domestic Abuse Intervention Program for the remainder of calendar year 1992 at a cost of $20,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager.are hereby authorized to execute a contract with Brooklyn Peacemaker Center for services relating to domestic abuse intervention for July 1, 1992 through December 31, 1992 at a cost of $20,000. Date Todd Paulson, Mayor ATTEST: Deputy 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. AGREEMENT This Agreement made this day of 1992 by and between the Brooklyn Peacemaker Center, a Minnesota non - profit corporation (sometimes hereinafter referred to as "Peacemaker "), and the Cities of Brooklyn Center, Robbinsdale, and Champlin, all Minnesota municipal corporations (hereinafter sometimes collectively referred to as "Cities "); WITNESSETH: WHEREAS, the Cities desire to provide domestic abuse intervention services to its citizens and to retain Peacemaker to provide such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties mutually agree as follows: 1. TERM. Services shall be provided hereunder from July 1, 1992 through December 31, 1992, unless earlier terminated in accordance with this Agreement. 2. DUTIES OF PEACEMAKER. 2.1 SERVICES PROVIDED TO BROOKLYN CENTER.. During the term of this agreement Peacemaker shall provide the City of Brooklyn Center with the services of trained and qualified project staff who will work a minimum of 40 hours per week. Peacemaker, through its assigned project staff, shall provide the following services in and for Brooklyn Center: a) Administer and supervise the ongoing Domestic Assault Intervention Project in the City of Brooklyn Center. b) Recruit, train and supervise volunteers in accordance with the standards and practices of Brooklyn Center's Domestic Assault Intervention Project and maintain a 24 -hour schedule of volunteers and /or Project Staff. 1 c) Upon notification by City police department, trained volunteers and /or Project Staff will follow domestic assault arrest with immediate visits to the homes of victims (within one hour of arrest). d) At the time of the visit to the home and throughout the arrest and court process, trained volunteers and /or Project Staff will provide domestic assault victims with information concerning emergency shelter, protective orders, legal services and support /educational groups available to domestic assault victims. e) Trained volunteers and /or Project Staff will follow domestic assault arrests with visits to assailants in the detention facility. Such visits will take place prior to the assailant's arraignment. City police department will allow trained volunteers and /or Project Staff into the detention facility visitors' area for this purpose. f) During the visit in the detention facility, assailants will be provided with information on the Domestic Assault Intervention Project and information about domestic assault service agencies and counseling. g) In cases where arrests are not made, Project Staff will attempt to contact persons identified as victims with information as set forth in paragraph (d) above. City police department will provide access to information for this purpose. h) Maintain a twenty -four hour telephone service (through answering service or pagers). Peacemaker, through its twenty- four hour telephone service shall allow for the contact of appropriate Project personnel and volunteers as soon as domestic assaults and /or arrests are called in by the Brooklyn Center Police Department. Is 2 i) Provide weekly support /educational groups for victims. j) Develop and provide a training program to the Brooklyn Center Police Department on the Domestic Assault Intervention Project. k Generally support act as a su ort for City domestic assault victims and their children. 1) Provide quarterly reports to City within 30 days after the end of each quarter addressed as follows: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 ATTENTION: Chief James Lindsay m) The Coordinator of the Project shall meet with City Staff periodically as the demands of the Domestic Assault Intervention Project require. All of the above duties shall be performed by Peacemaker in consultation with City Police Chief or his delegate. 2.2. SERVICES PROVIDED TO ROBBINSDALE AND CHAMPLIN. The Cities of Robbinsdale and Champlin intend to begin a domestic abuse intervention program similar to that of Brooklyn Center on January 1, 1993, and wish to have volunteers who are trained and ready to undertake the work necessary for such a project on that date. Services to be provided to Champlin and Robbinsdale shall include all work necessary to recruit and train volunteers in each of the Cities so that there will be a sufficient number of trained volunteers to commence operations of a program in those Cities on January 1, 1993. Volunteers may be trained in conjunction with those being trained for the Brooklyn Center Program. On the job training of volunteers for Champlin and Robbinsdale may be provided within the Brooklyn Center Program. Upon request Contractor shall meet with and provide written progress reports to the Chiefs of Police of each of i 3 the Cities of Robbinsdale and Champlin. Peacemaker shall also develop and provide a training program to the Robbinsdale Police Department and to the Champlin Police Department on the Domestic Assault Intervention Project. All of these uti d es shall be performed by Peacemaker in consultation with the Police Chiefs of Robbinsdale and Champlin. 3. CONSIDERATION. The total obligation of the City of Brooklyn Center for services and expenses to Brooklyn Center shall not excess Twenty Thousand and no /100 Dollars ($20,000.00). The total obligation of the Cities of Champlin and Robbinsdale for services rendered to those Cities and for expenses shall not exceed Three Thousand and no /100 Dollars ($3,000.00) for each city. 4. TERMS OF PAYMENT. Consideration shall be paid by the Cities as follows. Upon receipt of invoice from Peacemaker at any time after July 1, 1992, each city shall pay one half of its total obligation under this Agreement to with: Ten Thousand and no /100 Dollars ($10,000.00) from the City of Brooklyn Center, and One Thousand Five Hundred and no /100 Dollars ($1,500.00) for each of the Cities of Champlin and Robbinsdale. Upon receipt of invoice from Peacemaker at any time on or after October 1, 1992, each City shall pay the remaining one half of its obligation. Invoices shall be addressed to the police chief of each of the Cities at the City Hall of that City. 5. CANCELLATION. This Agreement may be canceled in its entirety by Peacemaker at an time upon 30 days written notice to each of the other Y r P y to parties. This agreement may be canceled as to obligation to perform services in either of the Cities of Champlin or Robbinsdale, or both, by those Cities at any time, with or without cause, upon 30 days written notice to Peacemaker. This agreement may be canceled in its entirety by unanimous action of the Cities at any time, with or without cause, upon 30 days written notice to Peacemaker. Any consideration previously received by Peacemaker shall be returned to .each of the Cities, prorated by the number of days until the effective termination date. 6. LIABILITY. Peacemaker is acting as an independent contractor. Any Project Staff provided hereunder, or other agents, or employees of Peacemaker shall not be employees of any of the Cities, and Peacemaker agrees to be responsible for any and all workers' compensation, employee benefits, withholding, FICA, and taxes applicable to such persons. Nothing contained in this agreement shall render either party an agent of the other for any purpose, or 4 either party liable for any debts, liabilities, or obligations of the other, whether now existing or incurred in the performance of this agreement, and neither party shall have the authority by virtue of this agreement to represent or bind the other in any manner whatsoever. 7. INSURANCE. The Proposer will be required to carry the following insurance coverages: Workers' Compensation Insurance: To cover all employees with limits of not less than: Cov. A: Indemnity: Statutory Cov. B: Employer's Liability: $100,000 each accident, $500,000 policy limit by disease, $100,000 each employee by disease. General Liability: Covering the exposures of: Premises /Operations, Products /Completed Operations, Independent Contractors, Contractual Liability. Coverage to include the liability of Volunteer Workers working . within the scope of their duties. Limits of Liability shall not be less than: $1,000,000 per occurrence, $1,000,000 aggregate. Automotive Liability: Covering the exposures of all owned, hired or non -owned automobiles while used in the proposer's business. Limits of Liability shall not be less than: $1,000,000 per occurrence. 5 Coverage shall be placed with carriers who have a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance shall be in the form of a Certificate of Insurance, ACORD form or some similar approved form, and shall state that the policy cannot be canceled unless 30 days, prior written notice has been received by the City. 8. INDEMNIFICATION. Peacemaker agrees to indemnify and keep indemnified and defend, hold and save each of the Cities harmless from and against any and all actions or cause of action, claims, demands, loss, damage or expenses, including reasonable attorney's fees, which City shall or may at any time sustain precipitate or incur by reason of the conduct of Peacemaker or employees, agents or servants of Peacemaker acting within the scope of and in connection with the Domestic Assault Intervention Project. 9. NON- ASSIGNABILITY. This agreement is personal to the parties specified herein and may not be transferred or assigned by either party hereto. 10. INTEGRATION. This written agreement constitutes an entire understanding of and fully sets forth the rights and obligations of the parties hereto, and shall not be altered or modified except by an instrument in writing and signed by the Chair of Peacemaker and City Manager of each of the Cities. 11. Services to be rendered pursuant to this agreement shall be provided regardless of race, color, national origin, religion, or sex. 6 IN WITNESS WHEREOF, the parties have caused the execution of this agreement on their behalf by their duly authorized representatives. CITY OF BROOKLYN CENTER BROOKLYN PEACEMAKER CENTER By B Its Mayor Its Chair By Its City Manager CITY OF CHAMPLIN By Its Mayor By Its City Manager CITY OF ROBBINSDALE By Its Mayor By Its City Manager CITY OF BROOKLYN CENTER council Meeting Date May 26, 1992 Agenda Item Number f d REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH WEIS ASSET MANAGEMENT, INC. FOR USE OF STOREFRONT AT HUMBOLDT SQUARE SHOPPING CENTER FOR POLICE DEPARTMENT SUBSTATION DEPT. APPROV Jayne Lin say, Chief of Police MANAGER'S REVIEW/RECOMME TI ON: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes ) We have reported in earlier memorandums the proposal to establish a substation at the Humboldt Square Shopping Center. Charlie LeFevere has been successful in negotiating a lease with the property managers, Weis Asset Management, Inc. The department has expanded the community policing program effective May 26, 1992. Although all officers will be performing C.O.P.- related duties, two officers and a sergeant ave been assigned to community policing full -time. These individuals are Sergeant Steve McComb, Officers Scott Nadeau and Dave Tombers. It is our intent to initially staff the substation at Humboldt Square from 7:00 p.m. to 10:00 p.m., Tuesdays through Saturdays. These officers will also be responsible for staffing the substation at 74th and Regent on Tuesdays and Thursdays as well as the mobile substation which will be manned in various parks and neighborhoods evenings from 4:30 p.m. to 6:30 p.m. Attached is a list of proposed budget adjustments for operation of this substation for the remainder of 1992. The attached resolution also transfer monies from Council Contingency to fund this substation. RECOMMENDED CITY COUNCIL ACTION The City Council authorize execution of the lease agreement with Weis Asset Management, Inc. for use of a storefront at Humboldt Square Shopping Center for use as a police department substation and transfer of funds for operation of the substation. PROPOSED BUDGET FOR OPERATION OF SUBSTATION IN HUMBOLDT SQUARE SHOPPING CENTER JUNE THROUGH DECEMBER 1992 05/21/92 Purchase of Used Furniture $1,065.00 Furniture purchased will consist of Desk, table, chairs, divider screen, and blackboard. Telephone Costs: 2 phones at $38 /ea $76.00 Installation $50.00 Monthly Charges $385.00 $511.00 Utilities: Gas (Est. $65 /mo) $455.00 Electric (Est. $60 /mo) $420.00 Miscellaneous Supplies: $100.00 TOTAL $2,551.00 log Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH WEIS ASSET MANAGEMENT, INC. FOR USE OF STOREFRONT AT HUMBOLDT SQUARE SHOPPING CENTER FOR POLICE DEPARTMENT SUBSTATION WHEREAS, the police department has instituted a community oriented policing program within the City of Brooklyn Center; and WHEREAS, the police administration recommends and the city administration agrees the expansion of this program into the neighborhoods for more community involvement is extremely desirable; and WHEREAS, Weis Asset Management, Inc., the management company for Humboldt Square Shopping Center has made space available to the police department for use as a substation; and WHEREAS, the City Attorney has negotiated a lease for such premises; and WHEREAS, the City Council agrees this is an extremely desirable program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are authorized to execute a lease agreement with Weis Asset Management, Inc. for use of a storefront at Humboldt Square Shopping Center for use as a police department substation; and BE IT FURTHER RESOLVED to transfer $2,551 from Council Contingency to the police department's following accounts: $1,065 to 4551, Office Furniture & Equipment $511 to 4322 Telephone $455 to 4482 Gas Service $420 to 4481 Electric Service $100 to 4220 Office Supplies and Equipment. Date Todd Paulson, Mayor ATTEST: Deputy 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. LEASE AGREEMENT CITY OF BROOKLYN CENTER AND WEIS ASSET MANAGEMENT, INC. AS MANAGING AGENT FOR ROBERT J. FOLEY TRUST FOR RETAIL PREMISES IN THE: HUMBOLDT SQUARE CENTER i TABLE OF CONTENTS PAC£ ARTICLE I - Premises Definitions and Term 1 Section 1. Definitions . . . . . . . . . . . . . . . . . . . . 1 Section2. Term . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3. Possession . . . . . . . . . . . . . . . . . . . . 3 Section4. Lease Year . . . . . . . . . . . . . . . . . . . . 3 Section 5. Rentals Payable . . . . . . . . . . . . . . . . . . 3 Section 6. Interest and Late Charge . . . . . . . . . . . . . 4 ARTICLE II - Minimum Rent . . . . . . . . . . . . . . . . . . 4 ARTICLE III - Taxes . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE IV - Percentage Rent . . . . . . . . . . . . . . . . . 5 Section 1. Percentage Rent . . . . . . . . . . . . . . . . . 5 Section 2. Payment of Percentage Rent for First Lease Year 5 Section 3. Monthly Payments of Percentage Rent After First Lease Year . . . . . . . . . . . . . . . . . 5 Section 4. Gross Sales . . . . . . . . . . . . . . . . . . . . 6 Section 5. Records . . . . . . . . . . . . . . . . . . . . . . 6 Section 6. No Waiver . . . . . . . . . . . . 6 Section 7. Audit; Understatements of Gross Sales 6 ARTICLE V - Sales Reports . . . . . . . . . . . . . . . . . . . 7 ARTICLE VI - Common Areas . . . . . . . . . . . . . . . . . . . 7 Section 1. Common Areas . . . . . . . 7 Section 2. Nonexclusive Use; Easement Agreements . . . . . . . 7 Section 3. Maintenance and Operation of Common Areas . . . . . 8 Sections 4 . Common Area Costs . . . . . . . . . . . . . . . . . 8 Section 5. Capital Improvements . . . . . . . . . . . . . . . 8 Section 6. Payment of Common Area Costs . . . . . . . . . . . 9 ARTICLE VII - Use . . . . . . . . . . . . . . . . . . . . . . . 9 Section 1. Permitted Use . . . . . . . . . . . . . . . . . . 9 Section 2. Covenants of Tenant . . . . . . . . . . . . . . . . 9 Section 3. Tenant Advertising . . . . . . . . . . . . . . . 10 Section 4. Hours of Operation . . . . . . . . . . . . . . . . 10 ARTICLE VIII - Utilities . . . , . , , , , , , , • 10 Section 1. Payment for Utilities . . . . . . . . . . . . . . 10 Section 2. Interruption of Service . . . . . . . . . . . . . 10 i i • ARTICLE IX - Repairs . . . . . . . . . . . . . . . . . . 11 Section 1. Landlord's Maintenance Obligations . . . . . . . 11 Section 2. Tenant's Maintenance Obligations . . . . . . . . 11 Section 3. Tenant's Obligations Regarding Plate Glass . . . 11 ARTICLE X - Installations, Alterations and Signs . . . . . . 11 Section 1. Tenant's Work . . . . . . . . . . . . . . . . . . . 11 Section 2. Maintenance of Interior by Tenant . . . . . . . . . 12 Section 3. Signage . . . . . . . . . . . . . . . . . . . . . . 12 Section 4. Alterations by Tenant . . . . . . . . . . . . . . . 12 Section 5. Liens . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XI - Indemnity . . . . . . . . . . . . . . . . . . . . 12 Section 1. Indemnification . . . . . . . . . . . . . . . . . . 12 Section 2. Waiver of Subrogation . . . . . . . . . . . . . . . 13 ARTICLE XII - Insurance . . . . . . . . . . . . . . . . . . . . 13 Section 1. Increased Insurance Premiums . . . . . . . . . . . 13 Section 2. Tenant's Insurance . . . . . . . . . . . . . . . . 13 Section 3. Landlord's Insurance . . . . . . . . . . . . . . . 14 Section 4. Tenant's Insurance on Improvements . . . . . . . . 14 Section 5. Hazardous Waste . . . . . . . . . . . . . . . . . . 14 ARTICLE XIII - Fire or Other Casualty . . . . . . . . . . . . . 15 Section 1. Landlord's Obligation to Repair . . . . . . . . . . 15 Section 2. Landlord's Option to Terminate . . . . . . . . . . 15 Section 3. Extent of Reconstruction . . . . . . . . . . . . . 15 Section 4. Demolition of Landlord's Building . . . . . . . . . 16 Section 5. Insurance Proceeds . . . . . . . . . . . . . . . . 16 ARTICLE XIV - Eminent Domain . . . . . . . . . . . . . . . . . 16 Section 1. Effect of Taking . . . . . . . . . . . . . . . . . 16 Section 2. Condemnation Awards . . . . . . . . . . . . . . . . 17 ARTICLE XV - Assignment and Subletting . . . . . . . . . . . . 17 Section 1. Assignment and Subletting . . . . . . . . . . . . . 17 Section 2. Trade Name . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XVI - Access to Premises . . . . . . . . . . . . . . . 17 ARTICLE XVII - Remedies . . . . . . . . . . . . . . . . . . . . 18 Section 1. "Event of Default" Defined . . . . . . . . . . . . 18 Section 2. Remedies . . . . . . . . . . . . . . . . . . . . 18 Section 3. Damages . . 19 Section 4. Landlord's Lien . . . . . . . . . . . . . . . . . . 19 ii r t ARTICLE XVIII - Surrender of Premises . . . . . . . . . . . . . 19 Section 1. Surrender by Tenant . . . . . . . . . . . . . . . 19 Section 2. Holding Over . . . . . . . . . . . . . . . . . . . 20 Section 3. Removal of Tenant's Property . . . . . . . . . . . 20 ARTICLE XIX - Subordination and Attornment . . . . . . . . . . 20 ARTICLE XX - Miscellaneous . . . . . . . . . . . . . . . . . . 20 Section 1. Relationship of Parties . . . . . . . . . . . . . 20 Section 2. Remedies . . . . . . . . . . . . . . . . . . . . . 21 Section 3. Headings . . . . . . . . . . . . . . . . . . . . . 21 Section 4. Binding Effect . . . . . . . . . . . . . . . . . . 21 Section 5. Force Ma j eure . . . . . . . . . . . . . . . . . . 21 Section 6. Recording . . . . . . . . . . . . . . . . . . . . 21 Section 7. Partial Payments . . . . . . . . . . . . . . . . . 21 Section 8. Brokers . . . . . . . . . . . . . . . . . . . . . 22 Section 9. Automatic Termination . . . . . . . . . . . . . . 22 Section 10. Severability . . . . . . . . . . . . . . . . . . . 22 Section 11. Governing Law . . . . . . . . . . . . . . . . . . 22 Section 12. Liability of Tenant . . . . . . . . . . . . . . . 22 Section 13. Liability of Landlord . . . . . . . . . . . . . . 22 Section 14. Landlord's Use . . . . . . . . . . . . . . . . . . 23 Section 15. Substitute Premises . . . . . . . . . . . . . . . 23 Section 16. Notices . . . . . . . . . . . . . . . . . . . . . 23 i ARTICLE XXI - Security Deposit . . . . . . . . . . . . . . . . 23 ARTICLE XXII - Construction of Premises . . . . . . . . . . . . 24 Section 1. Construction: Plans and Specifications . . . . . 24 Section 2. Location of Premises . . . . . . . . . . . . . . . 24 Section 3. Change in Plans . . . . . . . . . . . . . . . . . 24 Section 4. Acceptance of Premises . . . . . . . . . . . . . . 24 Section 5. Tenant's Work . . . . . . . . . . . . . . . . . . 25 ARTICLE XXIII - Guaranty . . . . . . . . . . . . . . . . . . . 25 ARTICLE XXIV - Special Provisions . . . . . . . . . . . . . . . 25 EXHIBITS Exhibit "A" - Shopping Center Site Plan • iii Y LEASE THIS LEASE is made this day of May , 1992, by and between Weis Asset Management Inc. as Agent for Robert J Foley Trust 1 ( " Landlord ") and City of Brooklyn Center, a Minnesota Municipal Corporation ( "Tenant ") . Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the "Premises "). The Premises are situated at the intersection of Humboldt Ave. N. and 69th Ave. in _ Brooklyn Center , Minnesota, in a shopping center (the "Shopping Center ") commonly known as Humboldt Square Center ARTICLE I Definitions and Term Section 1. Definitions Section 1.1 Landlord "Landlord" as used in this lease shall mean: Weis Asset Management as Agent for Robert J. Foley Trust or its assigns. Section 1.2 Tenant "Tenant" as used in this lease shall mean: City of Brooklyn Center, a Minnesota Municipality or its assignees or subtenants subject to Article XV. Section 1.3 Tenant's Trade Name "Trade Name" as used in connection with Tenant herein shall be City of Brooklyn Center Section 1.4 Shopping Center "Shopping Center" as used herein shall mean the Shopping Center in which the Leased Premises are located, and shall include all land and structures therein, and shall further include all adjacent sidewalks, parking, signs or public areas for which Landlord has some responsibility for maintenance, snowplowing or other activity which results in expense to the Landlord. t. Section 1.5 Premises "Premises" or "Leased Premises" as used herein shall refer to location number 6922 containing square feet of gross leasable area as cross hatched on Exhibit A. Section 1.6 Gross Leasable Area "Gross Leasable Area" as used in this lease shall refer to the area designations as shown on Exhibit A. Section 1.7 Rent "Rent as used herein shall include Minimum Rent and Additional Rent as defined herein. Section 1.8 Minimum Rent "Minimum Rent" shall be the amount to be paid in accord with Article II in the total amount of $ 1.00 payable annually. • 1 1 a equal monthl ir,ctallmcn beginning on the Rent Commencement Date until b. equal monthly installments of $ ach month beginning and continuing u 1 C. equal monthly installments o each month beginning continuing until d. equal month installments of $ each month beginning �-' and continuing until e. equal monthly installments of $ each month be ing and continuing until the Section 1.9 Additional Rent "Additional Rent" as used herein shall include the following: a. Tax as defined n Art -;-r -1 - I . b. Percentage Rent shall mean 0 percent of Gross Sales in accord with Article IV. Go Gemmen Area Gests as defined ±,% *rb±c±e V1. d. Utility costs as provided in Article VIII. e. Insurance Premiums as provided in Article XII. Section 1.10 Permitted Use "Permitted Use" as used herein shall mean the following and no other use: police substation or other uses approved in writing by the Landlord Section 1.11 Commencement Date "Commencement Date" as used herein shall refer to the date first above written. Section 1.12 Rent Commencement Date "Rent Commencement Date" as used herein shall mean June 1, 1992 Section 1.13 Termination Date "Termination Date" as used herein shall mean the last day of the final month of the term of the lease. • 2 } Section 1.14 Landlord's Work " a le =ms's —We rk" as use4 In EX-14-IbIt G. f-r nrrnm�l i c +ho Staxidard Tenant ,jm.. Cnhoriiil o ac co+ fnrtl1 Section 1.15 Tenant's Work ' vTenant's Werk" as used --�2re n -D-. Section 1.16 Security Deposit "Security Deposit" as used herein shall be in the amount of $ -0- and shall be subject to the provisions of Article XXI. Section 2. Term This lease shall be in effect from the Commencement Date until 11:59 p.m. on the Termination Date. The Termination Date shall be One month after the Rent Commencement Date. The term of the lease shall be month to month. The Landlord or Tenant may terminate the lease upon 30 days written notice to the other party. Section 3. Possession Landlord shall have no obligation to deliver possession of the Premises to Tenant until the date upon which Landlord has issued a certificate of substantial completion of Landlord's Work in the Premises (a "Certificate of Substantial Completion of Landlord's Work "). Tenant shall be entitled to possession of the Premises on and after such date; provided that Landlord shall be entitled to enter onto the Premises on and after such date for the purpose of completing Landlord's Work, if any Landlord's Work remains to be completed, and as otherwise provided in this Lease. Section 4. Lease Year of twelve (12) consecutive calendar months commencing o ary 1 and ending on December 31. The first Lease Ye be that portion of the Calendar Year following the v ommencement Date. The Final Lease Year shall be the ear commencing on January 1 of the year of'the Te ion Date and ending on the Termination Date, notwit ing the fact that such period may be less than twelve S . Section 5. Rentals Payable Tenant shall pay to Landlord the following categories of charges as rent (collectively, "Rent ") for the Premises: (a) Minimum Rent; (b) Additional Rent; 3 . All such amounts shall be due and payable on the first day of each month at Landlord's address as set forth herein or such other address as Landlord shall notify Tenant in writing. Section 6. Interest and Lette ehare-. All Rent and afl.- sums payable hereunder by Tenant which are not paid withi e (5) days after due shall bear interest from the date due a date paid at the rate of 18% per annum or the highes e permitted by law, whichever is less. In addition t e above, Tenant shall pay Landlord a $100.00 service c with respect to any installment of Rent payments not pai he fifth (5th) day of the month for which such installm is due and payable. Said $100.00 charge is a servic rge to partially cover extra expense involved in handling rip—RRV-1-ent payments written to LandleEd -that is - returned by its f4:nane4:a! - 4:n9t t=t_en fo Q^.....P -YMv^. t Q--= i sU-f f iG ieR -tau . ARTICLE II Minimum Rent Minimum Rent shall be due and payable by Tenant without prior demand therefor in annual installments on the first day of June at the office of Landlord or at such other place designated by Landlord. Minimum Rent shall be due and payable in the amount set forth in Article I herein. Minimum Rent for the first full year of the Term following the Rent Commencement Date shall be paid on the Rent Commencement Date. ARTICLE III Taxes of Real Estate Taxes as specified in this Article III. Te i s share of Real Estate Taxes shall be computed by multiplyin e total amount of such taxes by a fraction, the numerator of i.ch shall be the gross leasable area in the Leased Premises, a denominator of which shall be the gross leasable area in t Shopping Center ( as initially constructed or as the same ma any time thereafter be enlarged or reduced). The term "real esta taxes" shall mean all taxes and assessments (special o herwise) levied or assessed against the Shopping Center (la buildings, and improvements), and other taxes arising out of a use and /or occupancy of the Leased Premises imposed by te, County or Local governmental authority or any other taxing thority having jurisdiction over the Shopping Center (i uding expenses directly incurred by Landlord in contesting the 4 S franchise, capital stock, estate or inheritance taxes personal n nature to Landlord). As close as possible to the beginning of each Leas Year Landlord shall estimate Real Estate Taxes referred to in this rticle and notify Tenant of the estimate of Real Estate Taxes. Ten nt shall pay one twelfth (1/12) thereof in equal monthly ins allments, together with the payment of Minimum Rent. In the event the aggregate of Tenant's installments during the year shall a less than the amount of taxes due from the Tenant, such defic' ncy shall be paid to Landlord within ten (10) days after demand t refor. If the amount paid by Tenant during said Lease Year is reater than the amount actually owed from Tenant, the excess all be credited against the next rent payments due hereunder. ARTICLE IV Percentage Rent Section 1. Percentage Rent I addition to the payment of Minimum Rent as provided in Article I of this Lease, Tenant shall pay to Landlord for each Lease Yea during the Term and for any portion of any Lease Year Xexeeds e Term, prorated in accordance with the number of months h partial Lease Year, a sum equivalent to the amount y which the percentage of Gross Sales designated in Article the Minimum Rent for such Lease Year or portion thereof. Section 2. Pa ent nta a Rent for First Lease Year. Percentage Rent shall be d}de and payable thirty (30) days after the last day of the first Le "e Year of the Term with respect to Gross Sales for the first Lea Year and any partial calendar year of the Term preceding the Co encement of the first Lease Year. Section /in nthly Payments of Percentage Rent After First Lease Year first Lease Year, Tenant shall pay Landlord, together wit monthly payment of Minimum Rent, estimated Percentage Re amount of one - twelfth (1 /12th) of ninety percent (90 %) ercentage Rent paid for the immediately prior Lease Year. e end of any Lease Year, the total amount of /icie ge R nt paid by Tenant is found to be in excess of the amount be paid by Tenant, Tenant shall receive a credit en to such excess against the next payments of Percentage ereunder. Any excess estimated Percentage Rent paid during 1 Lease Year will be refunded to Tenant within sixty (60) er the date upon which amount of excess estimated Percentage ascertained. If, at the end of any Lease Year, the total of estimated Percentage Rent paid by Tenant is found to be nt of the amount required to be paid by Tenant, the balance a - 1 lee paid withi-n sixty (60) days ef the end ef the Lease YeaE • 5 Seebion 4. Gress Sales. "Gress Sales" Is heEeby de-f-Jined- t;A mean sales of Tenant, and of all licensees, and concessionaires a tenants of Tenant, from all business conducted upon or from e Premises, whether such sales be evidenced by check, credit, c rge account, exchange or otherwise, and shall include, but not be 1 ' ited to, the amounts received from the sale of goods, war s and merchandise and for services performed on or at the emises, together with the amount of all orders taken or receiv d at the Premises, whether such orders be filled from the emises or elsewhere, and whether such sales be made by means of merchandise or other vending devices in the Premises, and shall include all deposits not refunded to purchasers. Each sale on installment or credit shall be treated as a sale for the full price in the Lease Year during which such sale is made, irrespective of the time,/when Tenant shall receive payment therefor. Gross Sales shall nfdt include sales of merchandise for which cash has been refunded, or allowances made on merchandise returned by customers for excha p -e rovided that the sales price of merchandise delivered to t e customer in exchange shall be included in Gross Sales. Gross Saes shall not include the amount of any sales, use or gross re ipts tax imposed by any federal, state, municipal or governmen al authority. Gross Sales shall not include the amount of any saes, use or gross receipts tax imposed by any federal, state, municipal or governmental authority. Gross Sales shall not include returns to shippers or manufacturers nor merchandise transferred out of the Premises and transported to another store of Tenant or an aff* ate of Tenant where such exchange is made solely for the convenietft operation of Tenant's business and not for the purpose of consummating a sale made in, at or from the Premises. Section 5. Records Tenant shall maintain a permanent, accurate set of books and records of all Gross Sales from business conducted in the Premises and all supporting records, including state sales tax and business income tax reports. All such records shall be open' to inspecti %n of Landlord and its agents during ordinary business hours. A0 said records shall be kept so as to disclose all information requiered to determine Gross Sales as defined in Section 3 abo/ofPercentage No Waiver The acceptance by Landlord of payme Rent shall be without prejudice to Landlord's right ination of Tenant's books and records to verify the amounSales. Audit; Understatements of Gross Sales At its /bmad n, Landlord may cause, at any reasonable time, upon seventy - 72) hours prior written notice to Tenant, a complete audit to of Tenant's Gross Sales. If such audit shall disclose an statement of Gross Sales of three percent (3%) or more for any —s-ha l l prompt -ly -pay—t e--L a-nd�—the sc -o- 6 be payable in any event. If such audit shall disclose an understatement of Gross Sales of five percent (5%) or more fo any twelve month period, Tenant shall promptly pay to Landlord e cost of said audit in addition to the deficiency, which defici cy shall be payable in any event and, in addition, Landlord may a its option terminate this Lease upon five (5) days' notice o Tenant of Landlord's election to do so. Any information obta' ed by Landlord as a result of any such audit shall be held in st ct confidence by Landlord, except in litigation or arbitration be een the parties and except that the results of such audit may e disclosed to any mortgagee or prospective mortgagee of Land rd or to any purchaser or prospective purchaser of the Shopping enter. ARTICLE Sales eports On or before the twent' th (20th) day of the second calendar month following the Rent ommencement Date, and on or before the twentieth (20th) day of ch calendar month thereafter, Tenant shall prepare and deliver t Landlord a monthly statement of Gross Sales for the prior month. On or before the thirtieth (30th) day following the last day of e h Lease Year, Tenant shall deliver to Landlord a yearly statemen of Gross Sales verified by Tenant, such statement to be deliver whether or not Percentage Rent is payable. If Tenant shall fail deliver the foregoing to Landlord, Landlord shall have the righ thereafter to employ an Independent Certified Public Accoun nt to examine such books and records as may be necessary to cert' y to the amount of Gross Sales for such Lease Year or month and Te nt shall promptly pay to Landlord the cost of such examination ARTICLE VI Common Areas Section 1. Common Areas The term "Common Areas" shall mean all that portion of the Shopping Center excepting only that area which is constructed for lease to tenants or hereafter leased to tenants. Section 2. Nonexclusive Use; Easement Agreements Landlord grants to Tenant, its employees, customers and invitees, the nonexclusive right during the Term to use the Common Areas from time to time constructed, such use to be in common with Landlord and all tenants of Landlord, its and their employees, customers and invitees. Tenant shall not at any time interfere with the rights of Landlord and other tenants, its and their employees, customers and invitees, to use any part of the Common Areas. Section 3. Maintenance and Operation Landlord agrees to operate and maintain all Common Areas. The manner and cost of such management, operation and maintenance shall be at the sole discretion of Landlord. Landlord shall have the right to adopt and promulgate reasonable, nondiscriminatory rules and regulations, including the right to designate parking areas for the use of employees of tenants of the leased premises and to restrict such employees from parking areas designated exclusively for customers. Upon reasonable request by Landlord, Tenant shall furnish a complete list of the names of Tenant's employees at the Premises who have automobiles and the license number of all motor vehicles operated by Tenant. Landlord shall have the right to use portions of the Common Areas for the purpose of display, promotions, programs, games or other use which may be of interest to all or part of the general public. Landlord shall have the right to close portions of the Common Areas from time to time for repairs, to prevent public rights from accruing therein and for any other legitimate purpose. Section 4. Additional Rent, in amounts determined under Section 6 of is Article VI, Tenant's proportionate share of all Common Area sts. Common Area Costs shall include all expenditures by Land rd for managing, repairing, insuring (with respect to both the Co on Areas and Common Area maintenance employees), operating, secur' g, traffic regulating, lighting, cleaning, snow removal, tras and garbage storage and removal, line painting and maintenance including such replacement of paving, curbs, sidewalks, land aping, drainage, lighting, roof maintenance, and the cost of rep firing and replacing equipment used by Landlord in the performa e of its maintenance obligation, in monthly payments due and yable with the monthly payments of Minimum Rent. Tenant's shar of such Common Area costs shall be computed and paid in the s e manner as provided with respect to taxes in Article III abo substituting the amount of operating costs for the amount of al Estate Taxes for the purpose of making such computation. Section 5. Capital m rovements. For the purpose of this Lease the costs set forth n Section 4 of this Article VI shall be deemed to include costs f capital improvements made to the Shopping Center subsequent to t e Commencement Date (i) which will improve the operating efficient of the Shopping Center, or reduce its operating expenses; or whic (ii) have been made in order to comply with safety or other requ' ements of any federal, state or local law or governmental egulation. Such costs, with interest at the rate of twelve per nt (12 %) per annum or the highest rate permitted by law, whicheve is less, shall be amortized over the expected life of the improv ent. In the event that such expenditures are less than twen -five cents ($.25) per square foot of the Shopping Center, La lord may choose to treat them as an operating expense rather than them. 8 payments described in Section 4 above, may be based on La u rd's reasonable estimate of such costs made at the beginnin each Lease Year. Within sixty (60) days after the end each Lease Year, Landlord shall furnish to Tenant a stateme all Common Area costs and Tenant's share thereof certifie andlord. If the amount paid by Tenant during said Lease 2 is greater than its share as shown on said statement, th cess shall be credited against the next Common Area cost ents due hereunder. If at the end of any Lease Year, the nt paid by Tenant is less than its share as shown on sai tement, the deficiency shall be payable with Tenant's next nthl:5 payment of Minimum Rent due hereunder. ARTICLE VII Use Section 1. Permitted Use The Premises may be used only for the permitted use ( "Permitted Use ") set forth in Article I attached hereto, subject to the provisions of Section 2 of this Article VI, and for no other purpose without the written consent of Landlord. Tenant agrees to occupy the entire Premises upon the Rent Commencement Date and, on and after the Rent Commencement Date and for the entire Term, to operate the entire Premises, fully stocked and adequately staffed, unless prevented from doing so by cause beyond Tenant's reasonable control, and to conduct its business at all times in good faith, in a high grade and reputable manner. Tenant shall promptly comply with all laws, ordinances and regulations affecting the Premises or Tenant's business therein, plus insurance company requirements affecting the cleanliness, safety, use and occupation of the Premises. Tenant shall store in the Premises only such goods, wares and merchandise as Tenant intends to offer for sale at retail from the Premises. Section 2. Covenants of Tenant Tenant shall not, without Landlord's prior written consent, conduct an auction, fire, closeout or bankr.iptcy sale in or about the Premises, or any "sidewalk sales" or other display or sale of merchandise outside of the interior of the Premises. Tenant shall not obstruct the Common Areas or use the same for business or display purposes; nor abuse walls, ceilings, partitions, floors, wood, stone or iron work; nor use plumbing for any purpose other than that for which constructed; nor make or permit any objectionable noise or odor to emit from the Premises nor create, maintain or permit a nuisance thereon; nor do any act tending to injure the reputation of the Shopping Center; nor, without Landlord's prior written consent, place nor permit any radio or television antenna, loud speaker or sound amplifier, or any phonograph or other devices similar to any of the foregoing outside of the building or at any place where the same may be seen or heard outside of the building; nor where loading and delivery services are provided, use or permit to be used other entrances for delivery or pick -up of merchandise or supplies to or from the Premises, or permit 9 trucks or other delivery vehicles while being used for any such purpose to be parked at any place within the Shopping Center except such facilities as are specifically provided for such purpose. Tenant shall not permit any blinking or flashing light to emit from the Premises. Tenant shall keep the Premises and service corridor areas allowed for the use of Tenant clean and free from rubbish and dirt at all times. Tenant shall regularly deposit all trash and garbage in receptacles designated by Landlord. Tenant shall not burn any trash or garbage at any time in or about the Shopping Center. Section 3. Tenant Advertising Tenant shall use the Shopping Center name _ Humboldt Sguare Center as its advertised address when referring to its business in the Premises in newspaper and other advertising. The right to use such name for such purpose for the Term is hereby licensed by Landlord to Tenant. Landlord retains all property rights in such name and Tenant shall not acquire or have any rights in or to such name other than as are expressly granted by Landlord in this Section 3 or otherwise in writing. Section 4. Hours of Operation Tenant shall keep the Premises open for business during periods to be mutually agreed on. ARTICLE VIII Utilities Section 1. Payment for Utilities Tenant shall pay for 50% of all heating, air conditioning, electricity, gas, water and sewer charges used in the Premises. `ut4:14: -es te—the PEemises, Tenant shall use enly 11 ; i ; +; a � ftdl errd in the --P- remises and —shall — pay fe�zr �� =e s' Be suppl by Landlord at- rates n o g r e Tenent eniise serve the sha-il - -- pay -- for- -suc -h - uti�iy-- eharges Premises. of such c harges as determined by thQ gromi coc aro conar i s °"�ed. In the event such utilities are supplied by Landlord, Tenant's share shall be payable as Additional Rent with its Monthly Minimum Rent payment based on actual billings and Tenant's share thereof. Notwithstanding anything to the contrary g Y g Y contained in this Lease, Tenant shall pay all charges for utilities supplied to the Premises commencing on June 1, 1992. Section 2. Interruption of Service Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or by an other supplier of an utility Y PP Y y or other service to the Premises shall be interrupted or impaired by fire, repairs, accident or by any cause beyond Landlord's reasonable control. • 10 ARTICLE IX REPAIRS Section 1. Landlord's Maintenance Obligations Landlord shall keep the foundations and exterior walls (except plate glass or glass or other special breakable materials used in structural portions) of the Premises in good repair, and if necessary or required by proper governmental authority, make modifications or replacements thereof, except that Landlord shall not be required to make any such repairs, modifications or replacements which become necessary or desirable by reason of negligence of Tenant, its agents, servants or employees, or by reason of anyone illegally entering in or upon the Premises or the Shopping Center. Section 2. Tenant's Maintenance Obligations Tenant shall at all times keep the Premises in contained in a clean, sanitary and safe condition and in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Tenant shall permit no waste, damage or injury to the Premises. Section 3. Tenant's Obligations Regarding Plate Glass . Tenant shall forthwith at its own cost and expense replace with glass of the same quality any cracked or broken glass, including plate glass or glass or other special breakable materials used in structural portions, and any interior and exterior windows and doors in the Premises. If specifically required by Landlord, Tenant shall maintain a policy or policies of insurance, with insurers and in a form acceptable to Landlord, insuring Landlord and Tenant, as their interests may appear, against breakage of all such glass in the Premises and shall deposit such policy or policies or certificates evidencing their existence, together with evidence of the payment of the premiums thereof, with Landlord on the Commencement Date. ARTICLE X Installations, Alterations and Signs Section 1. Tenant's Work Tenant shall enter the Premises for the purpose of performing Tenant's fixturing and other Tenant improvements to the Premises. 11 Section 2. Maintenance of Interior by Tenant Tenant, at its own expense, shall maintain its store fixtures, floor covering, interior painting and decorating. Section 3. Signage Tenant shall not erect or install any signs, advertising media or displays of any kind or make changes to the interior or exterior of the Premises which may be seen from the outside of the Premises without Landlord's prior written consent. Use of the roof is reserved for Landlord. Section 4. Alterations by Tenant Tenant shall not make any repairs, alterations or additions to the Premises or make any contract therefor without first procuring Landlord's written consent. Tenant shall furnish such indemnification against liens and other claims as Landlord may require. Landlord may condition its consent on such indemnification being furnished by Tenant. All alterations, additions, improvements and fixtures, other than trade fixtures, which may be made or installed by either of the parties hereto upon the Premises and which in any manner are attached to the floors, walls or ceilings, shall become the property of Landlord at the termination of this Lease and shall remain upon and be surrendered with the Premises as a part thereof, without damage or injury; any floor covering affixed to the floor shall likewise become the property of Landlord, all without compensation or credit to Tenant. All fixtures installed by Tenant shall be new or completely reconditioned. Section 5. Liens Tenant shall promptly pay all contractors and materialmen, so as to eliminate the possibility of a lien attaching to the Premises, and should any lien be made or filed, Tenant shall bond against or discharge the same within ten (10) days after written request by Landlord. Nothing in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's estate in the premises to any lien or liability under the laws of the State of Minnesota. ARTICLE XI Indemnity Section 1. Indemnification Except for liabilities arising from Landlord's intentional conduct or from an act or occurrence for which Landlord's gross negligence and willful misconduct was the cause in fact, Tenant shall indemnify and save Landlord harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorneys' fees, 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 or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, contractors, servants, employees, customers, 12 sublessees, concessionaires or licensees, in or about the Shopping Center or the Premises. In case of any action or proceeding brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding with counsel reasonably satisfactory to Landlord. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minnesota Statutes, Chapter 466, and Tenant shall not be obligated to indemnify or save Landlord harmless in excess of the liability limits set forth therein. Section 2. Waiver of Subrogation 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 buildings and other improvements situated on the premises resulting from fire, or perils included in the otherwise extended coverage insurance, whether caused by the negligence or any of said persons or otherwise. This waiver shall remain in force so long as Landlord's insurer shall consent thereto without additional premium, and if additional premium is charged, Tenant shall be required to pay the same to keep this waiver in force. Likewise, 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 and other property, whether that of Tenant or of others in, upon or about the Premises or the Shopping Center resulting from fire, or perils included in standard extended coverage insurance, whether caused by the negligence of any said persons or otherwise. This waiver shall remain in force so long as Landlord's insurer shall consent thereto without additional premium, and if additional premium is charged, Landlord shall be required to pay the same to keep this waiver in force. The foregoing mutual waivers are given in consideration of each other, and the termination or suspension of one shall, with like effect, terminate or suspend the other. ARTICLE XII Insurance Section 1. Increased Insurance Premiums Tenant shall not carry any stock of goods or do anything in or about the Premises which shall in any way tend to increase insurance rates on the Premises or the Shopping Center. Should insurance rates on the Premises or the Shopping Center be increased by any act of Tenant, Tenant shall pay as Additional Rent the entire amount of such increase. Section 2. Tenant's Insurance Tenant agrees to procure and maintain a policy or policies of liability insurance at is own cost and expense insuring Landlord, Tenant and Landlord's mortgagee (if 13 so required by said mortgagee) from all claims, demands or actions for property damage, personal injury or death sustained by one or more persons in the amount of Two Hundred Thousand Dollars ($200,000) when the claim is one for death by wrongful act or omission and Two Hundred Thousand Dollars ($200,000) to any claimant in any other case, and Six Hundred Thousand Dollars ($600,000) for any number of claims arising out of a single occurrence, made by or on behalf of any person or persons, firm or corporation arising from, related to or connected with, the conduct and operation of Tenant's business in the Premises. Said insurance shall not be subject to cancellation except after at least t 0 days' prior written notice Y ( ) Y P to Landlord, and the olic or policies, or du execute p y p duly d certificate or certificates for the same, together with satisfactory evidence of the payment of premium thereon, shall be deposited with Landlord at the commencement of the Term and, upon any renewal of said insurance, not less than thirty (30) days prior to the expiration of the period of such coverage. If Tenant fails to comply with such requirement, Landlord may obtain such insurance and keep the same in effect, and Tenant shall pay Landlord the cost thereof upon demand as Additional Rent. Section 3. Landlord's Insurance Landlord shall procure fire and extended coverage and other reasonably necessary insurance on the Shopping Center. Section 4. Tenant's Insurance on Improvements Tenant shall maintain, at its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended coverage insurance in an amount adequate to cover the cost of replacement of all improvements in the Premises in the event of a loss, in companies and in a form acceptable to Landlord. The insurance which the Tenant agrees to carry in this section shall insure the full insurable value of the improvements installed by Tenant in the Premises, whether the same have been paid for entirely or partially by Tenant, and shall include coverage for the risk of a business interruption of six months. Upon request therefor b p q y Landlord, Tenant will deposit the policy or policies of such insurance or certificate thereof with Landlord. Section 5. Hazardous Waste If Tenant's business shall manufacture, handle, transport, store, dispose or use in any way, any substance or material classified as hazardous by the Comprehensive Environmental Response Compensation and Liability Act of 1980 (C.E.R.C.L.A.), the Minnesota Environmental Response and Liability Act of 1983 (M.E.R.L.A.), the Clean Air Act, the Solid Waste Disposal Act or the Federal Water Pollution Control Act or any other statutory or regulatory provision, then Tenant shall carry adequate insurance to cover any and all expenses associated with the clean up of any spill, leak, pumping, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing of any of these materials. Tenant further agrees to indemnify, defend and hold harmless Landlord from any suit or claim as a direct result of Tenant's actions. 14 ARTICLE XIII Fire or Other Casualty Section I. Landlord's Obligation to Repair If the Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty "), but the Premises shall not be thereby rendered wholly or partially untenantable Landlord a dlord shall promptly cause the damage to be repaired and there shall be no abatement of Rent. If, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 2 of this Article XIII, Landlord shall cause such damage to be repaired and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, Minimum Rent shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to Tenant's responsibilities set forth herein. Landlord shall not be liable for any interruption of Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Premises, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly. Y Section 2. Landlord's Option to Terminate If the Premises are: (i) rendered wholly untenantable, or (ii) damaged as a result of any cause which is not covered by insurance then in full force and effect naming Landlord as the insured, or (iii) damaged or destroyed in whole or in part during the last two (2) Lease Years, or (iv) if the building in which the Premises are located is damaged to the extent of fifty percent (50 %) or more of Landlord's gross leasable area, then, in any such event, Landlord may elect to terminate this Lease by giving to Tenant notice of such election within one hundred twenty (120) days after the occurrence of such event. If such notice is given, the rights and obligations of the parties shall cease as of the date of such notice, and Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusted as of the date of such termination. Section 3. Extent of Reconstruction Landlord's obligation to repair or rebuild pursuant to this Article shall be limited to a basic building and the replacement of any interior work which may have originally been installed at Landlord's cost to the extent of insurance proceeds available to Landlord for such purpose. In no event in the case of any such destruction shall Landlord be required to repair or replace Tenant's stock in trade, leasehold improvements, • fixtures, furniture, furnishings or floor coverings and equipment. 15 Tenant covenants to make such repairs and replacements. Section 4. Demolition of Landlord's Building If the Premises is so substantially damaged that it is reasonably necessary, in Landlord's judgement, to demolish it for the purpose of reconstruction, Landlord may demolish the same, in which event Annual Minimum Rent shall be abated to the same extent as if the Premises were rendered untenantable by a Casualty. Section 5. Insurance Proceeds If Landlord does not elect to terminate this Lease pursuant to Section 2 of this Article, Landlord shall, subject to the rights of any mortgagee, disburse and apply any insurance proceeds received by Landlord to the restoration and rebuilding of Landlord's building in accordance with Section 1 hereof. All insurance proceeds payable with respect to the Premises (excluding proceeds payable to Tenant with respect to Tenant's property) shall belong to and shall be payable to Landlord. ARTICLE XIV Eminent Domain Section 1. Effect of Taking If the whole or any part of the Premises shall be taken under the power of eminent domain, this Lease shall terminate as to the part so taken on the date Tenant is • required to yield possession thereof to the condemning authority. Landlord shall make such repairs and alterations as may be necessary in order to restore the part not taken to useful condition and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be reduced in the same proportion as the portion of the gross leasable area of the Premises so taken bears to the total gross leasable area of the Premises. If the aforementioned taking renders the remainder of Premises unsuitable for the Permitted Use, either party may terminate this Lease as of the date when Tenant is required to yield possession by giving notice to that effect within thirty (30) days after such date. If ten percent (10 %) or more of the total gross leasable area in the Shopping Center is taken, or if by reason of a taking the number of parking spaces in the Shopping Center is reduced by more than ten percent (10%), and if Landlord does not deem it reasonably necessary to replace such parking spaces with other parking spaces within the Shopping Center, the Landlord may elect to terminate this Lease as of the date on which possession thereof is required to be yielded to the condemning authority, by giving notice of such election within ninety (90) days after such date. If any notice of termination is given pursuant to this Section, this Lease and the rights and obligations of the parties hereunder shall cease as of the date such notice is delivered and Rent (other 16 than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusted as of the date of such termination. Section 2. Condemnation Awards All compensation awarded for any taking of the Premises or the Shopping Center or any interest in either shall belong to and be the property of Landlord, Tenant hereby assigning to Landlord all rights with respect thereto; provided, however, nothing contained herein shall prevent Tenant from applying for reimbursement from the condemning authority (if permitted by law) for moving expenses, or the expense of removal of Tenant's trade fixtures, or loss of Tenant's business goodwill, but if and only if such action shall not reduce the amount of the award or other compensation otherwise recoverable from the condemning authority by Landlord or the owner of the fee simple estate in the Shopping Center. ARTICLE XV Assignment and Subletting Section 1. Assignment and Subletting - Landlord's Consent Required 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 permit occupancy of the Premises by anyone without the prior written consent of Landlord. No assignment shall release Tenant of any of its obligations under this Lease or be construed or taken as a waiver of any Landlord's rights under this Article. For the purposes hereof, if Tenant is a corporation or partnership or other entity, any change in the control of Tenant shall be deemed to be an assignment which shall require Landlord's consent as above set forth. Section 2. Trade Name Tenant shall operate and advertise its business in the Premises under the trade name designated in Article I and shall not change such trade name without the prior g P written consent of Landlord. ARTICLE XVI Access to Premises Landlord shall have the right to enter upon the Premises during all business hours for the purpose of inspecting the same or of making repairs, additions or alterations thereto or to the Shopping Center, or for the purpose of exhibiting the same to prospective tenants, purchasers or others. Landlord shall have the right to enter the Premises at anytime for emergency repairs to protect the property and mitigate damages. Landlord shall not be liable to Tenant in any manner for expense, loss or damage by reason thereof, nor shall the exercise of such right be deemed an eviction or • 17 disturbance of Tenant's use or possession. ARTICLE XVII Remedies Section 1. "Event of Default" Defined Any one or more of the following events shall constitute an "Event of Default ": (a) The commencement of a case under any chapter of the Federal Bankruptcy Code by or against Tenant or any guarantor of Tenant's obligations hereunder, or the filing of a voluntary or involuntary petition proposing the adjudication of Tenant or any guarantor as bankrupt or insolvent, or the reorganization of Tenant or any such guarantor, unless the petition is filed or case commenced by a party other than Tenant or any such guarantor and is withdrawn or dismissed within thirty (30) days after the date of its filing. (b) The failure of Tenant to pay any Rent or the sum of money within five (5) calendar days after the same is due hereunder. It is acknowledged that, except for Landlord's obligations to deliver possession of the Premises, Tenant's covenant to pay Rent is entirely independent. (c) Default by Tenant in the performance or observance of any covenant of agreement of this Lease (other than a default involving the payment of money), which default is not cured within ten (10) days after the giving of notice thereof by Landlord, unless such default is of such nature that it cannot be cured within such (10) day period, in which case no Event of Default shall occur so long as Tenant shall commence the curing of the Default within such ten (10) day period and shall thereafter diligently prosecute the curing of same; provided, however, if Tenant shall default in the performance of any such covenant or agreement of this Lease two (2) or more times in any twelve (12) month period, and notwithstanding such defaults have each been cured by Tenant, any further similar default shall be deemed a.1 Event of Default without the ability for cure. (d) The vacating or abandonment of the Premises by Tenant at any time during the Term of this Lease for a period of ten (10) days. For purposes of this provision, vacating shall mean the closing of Tenant's business for any purposes other than remodeling or renovation to which Landlord has consented in writing. (e) The occurrence of any other event described as constituting an "Event of Default" elsewhere in this Lease or in any Exhibit or Rider hereto. Section 2. Remedies Upon the occurrence and continuance of an Event of Default, Landlord, without notice to Tenant in any instance (except where expressly provided for below) may do any one or more of the following: 18 (a) Perform on behalf and at the expense of Tenant any obligation of Tenant under this Lease which Tenant has failed to perform and of which Landlord shall have given Tenant notice, the cost of which performance by Landlord, together with interest thereon at the Default Rate from the date of such expenditure, shall be deemed Additional Rent and shall be immediately due and payable by Tenant to Landlord. (b) Elect to terminate this Lease and the tenancy created hereby by giving notice of such election to Tenant. (c) Exercise any other legal or equitable right or remedy which it may have. Notwithstanding the provisions of clause (a) above and regardless of whether any Event of Default shall have 'occurred, Landlord may exercise the remedy described in clause (a) without any notice to Tenant if Landlord, in its good faith judgement, believes it would be injured by failure to take rapid action or if the unperformed obligation of Tenant constitutes an emergency. Any costs and expenses incurred by Landlord (including, without limitation, attorney's fees) in enforcing any of its rights or remedies under this lease shall be deemed to be Additional Rent immediately due and payable. Section 3. Damages If this Lease is terminated by Landlord pursuant to Section 2, Tenant nevertheless shall remain liable for any and all reasonable costs, fees and expenses including, but not limited to, attorneys' fees incurred by Landlord in pursuit of its remedies hereunder, or in renting the Premises to others. Section 4. Landlord's Lien Landlord is hereby given a lien upon all property of Tenant which shall come in or be placed upon the Premises, whether acquired by Tenant before or after the date hereof, to secure the payment of Rent and the performance of each and every other covenant herein contained to be performed by Tenant. Upon default by Tenant,. and failure to cure as provided in Section 1 of this Article, Landlord, without notice or demand, may take possession of and Nell such property without legal process of any kind, at public or private sale after one publication of a notice thereof in a daily newspaper published in Hennepin County, Minnesota, not less than ten (10) days before such sale. The proceeds.of such sale shall be applied first to the payment of expenses thereof, second to the discharge of the Rent or other liability hereunder unpaid and the balance, if any, shall be held for the account of Tenant. Tenant agrees to execute any financing statements and other documents necessary to perfect or record the lien granted. ARTICLE XVIII Surrender of Premises • Section 1. Surrender by Tenant At the Termination Date or 19 • earlier termination of the Term, Tenant shall surrender the Premises broom clean and in good condition and repair, reasonable wear and tear and loss by fire or unavoidable casualty excepted. If the Premises be not surrendered at the Termination Date or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises. Section 2. Holding Oveg. in the event Tenant Eemalps possession of the Premises after the Termination Dat out execution of a new Lease, it shall be deemed to ccupying the Premises as a Tenant from month to month, at a the Annual Minimum Rent set forth herein and a Percent nt as set forth herein and subject to all the other con ns, provisions and obligations of this Lease; provided, ercentage Rent for such hold -over period shall be calcu using the Annual Minimum Rent for the last Lease Year o Term and not the Annual Minimum Rent payable for such 1% -Over- -pernied Section 3. Removal of Tenant's Property Upon the expiration of the Term, if Landlord so requests in writing, Tenant shall promptly remove any additions, fixtures and installations placed in the Premises by Tenant and designated in said request, and repair any such damage occasioned by such removals. Landlord may effect such removal and repairs, and Tenant shall pay Landlord the cost thereof. • ARTICLE XIX Subordination and Attornment This Lease shall be subordinate to any mortgages or trust deeds that may hereafter be placed upon the Premises and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof; provided, however, that the mortgagee or trustee thereunder shall agree to recognize Tenant's rights hereunder as long as Tenant is not in default hereunder, and Tenant shall attorn to such mortgagee or trustee. Upon notification by Landlord to Tenant, this Lease shall be or become prior to any mortgages or trust deeds that may heretofore or hereafter be placed on the said Premises. Tenant shall execute and deliver whatever instruments may be reasonably requested by Landlord for the above purposes. ARTICLE XX Miscellaneous Section 1. Relationship of Parties Nothing contained herein shall be deemed or construed by anyone as creating the • 20 t relationship of principal and agent or of partnership or of joint venture between Landlord and Tenant. Section 2. Remedies The various rights and remedies contained in this Lease shall not be considered as exclusive of any other right or remedy, but shall be construed as cumulative and shall be in addition to any remedy now or thereafter existing at law, in equity, or by statute. No delay or omission of the exercise of any power by either party shall impair any such right or power, or shall be construed as a waiver of any default or acquiescence therein. One or more waivers of any covenant, term, or condition hereof by either party shall not construed by the other party as a waiver of a subsequent breach of any covenant, term or condition. The consent or approval by either party to or of any act by the other of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the approval of any subsequent similar act. Section 3. Headings The headings of the several articles contained herein are for convenience only and shall not be construed to define or limit the contents of such articles. All negotiations, considerations, representations and understandings between the parties are incorporated herein and may be modified by agreement in writing between the parties. Section 4. Binding Effect The covenants, agreements and obligations herein contained shall extend to and inure to the benefit . not only of the parties hereto but their respective personal representatives, successors and assigns. Section 5. Force Majeure Whenever a period of time is herein provided for either party to perform any act, that party shall not be liable or responsible for any delays, and applicable periods, performance shall be extended accordingly, due to strikes, lockouts, riots, acts of God, shortages of materials, national emergency, acts of public enemy or governmental restrictions, or any other cause or causes, whether similar or dissimilar to those enumerated, beyond its reasonab.'_e control. The provisions of this Section 5 shall not operate to excuse Tenant from prompt payment of Minimum Rent, Percentage Rent, Additional Rent or other monetary payments required by this Lease. Section 6. Recording Tenant shall not record this Lease without the written consent of Landlord. Section 7. Partial Payments No payment by Tenant or receipt by Landlord of a lesser amount than the amount then due under this Lease shall be deemed to be other than on account of the earliest portion due, nor shall any endorsement or statement on any check or any letter accompanying any check be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance due or pursue any other remedy in the Lease. • 21 Section 8. Brokers Tenant represents and warrants that there are no claims for brokerage commissions or fees against Tenant in connection with the execution of this Lease by Tenant with the exception of Weis Asset Management, Inc., representing Landlord. Tenant hereby agrees to indemnify and defend Landlord against and hold Landlord harmless from all liabilities arising from any other such claims for which Tenant is responsible (including, without limitation, the cost of counsel fees in connection therewith). Section 9. Automatic Termination Anything to the contrary contained in this Lease notwithstanding, in the event that the Rent Commencement Date shall not have occurred within two (2) years from the date hereof, this Lease shall automatically terminate and shall be of no force or effect. Section 10. Severability The unenforcability of any provision contained in this Lease shall not affect or diminish the validity of any other provision of this Lease. Section 11. Governing Law The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease. Section 12. Liability of Tenant In the event that two or • more individuals, corporations, partnerships or entities (or any combination of two or more thereof) shall sign this Lease agreement as Tenant, the liability of each such individual, corporation, partnership or other entity to perform all obligations hereunder shall be deemed to be joint and several. In like manner, in the event that Tenant named in this Lease be a partnership or other business association, the members of which are subject to personal liability, then and in that event, the liability of each such member shall be deemed to.be joint and several. Section 13. Liability of Landlord Except for tort claims arising from Landlord's intentional acts or omissions, anything to the contrary herein notwithstanding, if Landlord, its successors and assigns, is a corporation, an individual, a joint venture, a.tenancy in common, a firm or partnership, general or limited, it is specifically understood and agreed that there shall be absolutely no personal liability on the part of such Landlord or the members of such Landlord with respect to any of the terms, covenants, conditions and provisions of this Lease, and Tenant shall look solely to the equity of Landlord, its successors and assigns in the property of which the Premises are a part for the satisfaction of each and every remedy of Tenant in the event of any breach of Landlord, its successors and assigns of any of the terms, covenants, conditions, and provisions of this Lease to be performed by Landlord, such exculpation of personal liability is to be absolute and without any exception whatsoever. The provisions of this Section 14 shall inure • 22 to the benefit of Landlord's successors and assigns including any mortgagee of Landlord's interest. Section 14. Landlord's Use Landlord shall have the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through the Premises and serving other parts of the building in locations which will not materially interfere with Tenant's use thereof. Section 15. Substitute Premises If the Premises contains an area of 2,000 square feet or less, Landlord shall have the right at any time during the term hereof, upon giving Tenant not less than sixty (60) days prior written notice, to provide and furnish Tenant with space elsewhere in the Shopping Center of approximately the same size as the Premises and remove and place Tenant in such space, with Landlord to pay all reasonable costs and expenses incurred as a result of such removal of Tenant. Should Tenant refuse to permit Landlord to move Tenant to such new space at the end of said sixty (60) day period. Landlord shall have the right to cancel and terminate this lease effective ninety (90) days from the date of original notification by Landlord. If Landlord moves Tenant to such new space, this lease and each and all of its terms, covenants and conditions shall remain in full force and effect and be deemed applicable to such new space, and such new space shall thereafter be deemed to be in the Premises as though Landlord and Tenant had • entered into and express written amendment of this lease with respect thereto. Section 16. Notices Any notice desired or required to be given under this lease shall be sent postage paid registered or certified mail, return receipt requested, as to Landlord: Humboldt Square Center c /o.Weis Asset Management, Inc. 3601 Minnesota Drive, Suite 110 Minneapolis, MN 55435 as to tenant: City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55429 Either party may by written notice designate a different address to which way notices may be sent. ARTICLE XXI Security Deposit A deposit ( "Security Deposit ") in the amount designated in • 23 s Article I shall be paid by Tenant upon execution of this Lease and shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of Rent or a measure of Landlord's damages in case of default by Tenant. Upon the occurrence of any breach or default under this Lease by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit or any portion thereof to the extent necessary to make good any arrearages of Rent or any other damage, injury, expense or liability caused to Landlord by such breach or default. Following any application of the Security Deposit, Tenant shall pay to Landlord on demand an amount to restore the Security Deposit to its original amount. Upon termination of this Lease, any remaining balance of the Security Deposit shall be returned by landlord to Tenant within 14 days after termination of Tenant's tenancy. ARTICLE XXII Construction of Premises Section 1. Construction; Plans and Specifications Tenant shall be responsible for construction of the Premises as set forth in Tenant's plan and specifications, as provided to Landlord upon Landlord's request and subject to Landlord's review and approval. i Section 2. Location of Premises The proposed location of the Premises in the building of which the Premises form a part is designated on the site plan attached hereto as Exhibit "A" ( "Site Plan ") . Section 3. Change in Plans No such changes in the Landlord's Work or Tenant's plans and specifications or in the Site Plan that may be appropriate during the preparation of the Premises for the Tenant, or during construction, shall affect, change or invalidate this Lease. However, any such changes shall not alter the general appearance, relative location or aggregate amount or floor space of the Premises. Section 4. Acceptance of Premises Upon taking possession of the Premises, Tenant shall have accepted the Premises in "as is" condition and shall have acknowledged that Landlord's Work has been substantially completed. Landlord shall have no construction, reconstruction or modification obligations whatsoever. Landlord makes absolutely no warranties and /or representations about or concerning the condition of the Premises. Upon request by Tenant, Landlord shall assign to Tenant manufacturer's warranties, if any, regarding equipment or fixtures located in the Premises. 24 i w • Section 5. Tenant's Work Tenant shall submit its plan to Landlord for written approval within two (2) weeks of execution of this Lease and prior to any remodeling, renovation, construction or installation of trade fixtures. Tenant shall, as expeditiously as possible, prepare the Premises, at its own cost and /or expense, for opening for business. ARTICLE XXIII Guaranty ARTICLE XXIV Special Provisions In the event Landlord requrests the Tenant to relocate, Landlord will provide similar level of imrpovements that Tenant has made in the first space. IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease • as of the day and year first above written. TENANT LANDLORD CITY OF BROOKLYN CENTER WEIS ASSET MANAGEMENT INC. AS AGENT FOR ROBERT J. FOLEY TRUST By: By: It's: Manor It's: President By: It's: City Manager 25 i ""�-- 69th Avenue CD EXHIBIT A « Bumper to N HUMBOLDT SQUARE. Bumper E �+ C; ; Humboldt Ave. N. umpe= to N Bumper Bumper to kl Bumper a77 a Vacant r L „ Donut N Delight Da ' s N a+Dance N Connection Century 21 o j Advisors _ L D - , . Ro Det mMBTtlA o T Vacant , Shop _ m - fabric .�._� a Care o r Center -�.— raorlc z ' Care o T Center i.-House of 'Hui r ---� -- W Vacant 1 _ � r Va .y Scoreboazd V' Pizza { a� vacant - lain �. Itreet `D annlnc CO --�-- m •.Vacan t c to Vacant NBrooks r 1 Q Superette ----�— Brooks N --�-- I "Superette -�• In N Street N Video --� Ma In +Street `''Video CITY OF BROOKLYN CENTER council Meeting Date May 26, 1992 Agenda Item Number_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: EXPRESSING APPRECIATION FOR EFFORTS DURING THE RECENT LEGISLATIVE SESSION FOR THE FOLLOWING: SENATOR BILL LUTHER, REPRESENTATIVE PHIL CARRUT ERS, REPRESENTATIVE WAYNE SIMONEU, SENATOR EMBER REICHGOTT, REPRESENTATIVE ANN REST, REPRESENTATIVE BILL SCHRIEBER, SENATOR LARRY POGEMILLER, SENATOR JUDY TRAUB, SENATOR RANDY KELLY, REPRESENTATIVE CONNIE MORRISON, SENATOR DON FRANK DEPT. APPROVAL: Gerald G. Splinter, City ManagcV MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR BILL LUTHER DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Senator Bill Luther was instrumental in passage of the following legislation: *$750,000 Blighted Properties Demonstration - Large Rental Properties *$50,000 - 4 Cities Business Retention and Development Growth Project *Housing Rehabilitation Sales Tax of 1% on Alcohol and Restaurant Sales in Brooklyn Center *No Change to Fiscal Disparities *No Change to Metro Council Districting *Head Start Construction and Rehabilitation Funding in the Bonding Bill *Bonding for Housing Projects *Orfield Sewer Financing Limitation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication of Senator Bill Luther is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy 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. `Oh Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE PHIL CARRUTHERS DURING THE RECENT LEGISLATIVE SESSION WHEREAS numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Representative Phil Carruthers was instrumental in the following legislation: - $750,000 Blighted Properties Demonstration Large Rental Properties - $50,000 - 4 Cities Business Retention and Development Growth Project - Housing Rehabilitation Sale Tax of 1% on Alcohol and Restaurant Sale in Brooklyn Center -No Changes in Fiscal Disparities -No Changes in the Metro Council Districts -Head Start Construction and Rehabilitation Funding in the Bonding Bill -Metro Housing and Neighborhood Revitalization Fund - Bonding for Housing Projects - Orfield Sewer Financing Limitation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Representative Phil Carruthers is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE WAYNE SIMONEU (FRIDLEY) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were assed during the spring P g P g 1992 legislative lative session which will help n g and improve the City P P Y of Brooklyn Center; and WHEREAS, Representative Wayne Simoneu of Fridley was instrumental in passage of a bill for $50,000 - 4 Cities Business Retention and Development Growth Project; and WHEREAS, his efforts towards this bill are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Representative Phil Carruthers is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. If Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR EMBER REICHGOTT (NEW HOPE) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Senator Ember Reichgott of New Hope was instrumental in passage of the following legislation: - Housing Rehabilitation Sales Tax of 1% on Alcohol and Restaurant Sales in Brooklyn Center -Head Start Construction and Rehabilitation Funding in the Bonding Bill WHEREAS, her efforts towards these and other legislative matters are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Senator Ember Reichgott is hereby recognized and appreciated b Y g PP Y the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /DK ` Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE ANN REST (NEW HOPE) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Representative Ann Rest of New Hope was instrumental in passage of the Housing Rehabilitation Sales Tax of 1% on Alcohol and Restaurant Sales in Brooklyn Center; and WHEREAS, her efforts towards this and other legislative matters are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Representative Ann Rest is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE BILL SCHRIEBER (BROOKLYN PARK) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Representative Bill Schrieber of Brooklyn Park was instrumental in the following legislation: - Housing Rehabilitation Sale Tax of 1% on Alcohol and Restaurant Sale in Brooklyn Center -No Changes in Fiscal Disparities -No Changes in the Metro Council Districts -Head Start Construction and Rehabilitation Funding in the Bonding Bill -Metro Housing and Neighborhood Revitalization Fund - Bonding for Housing Projects WHEREAS, his efforts towards these bills are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Representative Phil Carruthers is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR LARRY POGEMILLER (N.E. MINNEAPOLIS) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Senator Larry Pogemiller of N.E. Minneapolis was instrumental in preventing arbitrary Metro Council Redistricting legislation; and WHEREAS, his efforts towards this bill are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Senator Larry Pogemiller is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AV Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR JUDY TRAUB (MINNETONKA) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Senator Judy Traub of Minnetonka was instrumental in passage of the Head Start Construction and Rehabilitation Funding in the Bonding Bill; and WHEREAS, her efforts towards this bill are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Senator Judy Traub is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /Do Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR RANDY KELLY (ST. PAUL) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were introduced during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Senator Randy Kelly of St. Paul was the chief senate author of the Metro Housing and Neighborhood Revitalization Fund; and WHEREAS, his efforts towards this bill are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Senator Randy Kelly is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF REPRESENTATIVE CONNIE MORRISON (BURNSVILLE) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Representative Connie Morrison of Burnsville was instrumental in the passage of the Bonding for Housing Projects; and WHEREAS, her efforts towards this bill are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Representative Connie Morrison is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /D Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE EFFORTS OF SENATOR DON FRANK (SPRING LAKE PARK) DURING THE RECENT LEGISLATIVE SESSION WHEREAS, numerous bills were passed during the spring 1992 legislative session which will help and improve the City of Brooklyn Center; and WHEREAS, Senator Don Frank of Spring Lake Park was instrumental in obtaining a compromise to the proposed Orfield Sewer Financing Limitation; and WHEREAS, his efforts towards this bill are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the willingness and dedication shown by Senator Don Frank is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date May 26, 1992 Agenda Item Number & REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPrITION: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JILL SHERRITT ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: P Patricia A. Pike, Deputy City Clerk MANAGER'S REVIEW/RECOnEUENDATION: 4: No comments to supplement this report Comments below /attached SUM MURY EXPLANATION: (supplemental sheets attached ) • Attached is a resolution expressing recognition of Jill Sherritt and her timed served ont he Planning Commission. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JILL SHERRITT WHEREAS, Jill Sherritt was appointed to serve on the Planning Commission on February 10, 1992; and WHEREAS, Ms. Sherritt has recently sold her home in Brooklyn Center and will be leaving the Planning Commission; and WHEREAS, Ms. Sherritt's last Planning Commission meeting was May 14, 1992; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Jill Sherritt is hereby recognized and appreciated by the City of Brooklyn.Center. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 5/26/92 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION I'T'EM DESCRIPTION: LICENSES ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk ;&;V 1 ; 1 � MANAGER'S REVIEW/RECOAMENDATION: ' i No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. i Licenses to be approved by the City Council on May 26, 1992: AMUSEMENT DEVICES - OPERATOR Earle Brown Bowl 6445 James Circle N. Ch ef Police AMUSEMENT DEVICES - VENDOR B & K Music & Sales 133 Spring Valley Circle Q� - P. ",a 41E ief of Polic FOOD ESTABLISHMENT Lutheran Church of the Triune God 5827 Humboldt Ave N Sanitarian Zk ITINERANT FOOD ESTABLISHMENT Brooklyn Center Park & Recreation 6301 Shingle Ck Pkwy Pa A Sanitarian oix_ MECHANICAL SYSTEMS Marsh Heating & A/C Co Inc 6248 Lakeland Ave N United Heating and A/C 2702 Idaho Ave N 0.a• Building Official a (_ NONPERISHABLE VENDING MACHINES 1�•C Consumer Vending 2714 E 33rd Street Dayton's 1100 Brookdale Center (,( Sanitarian aLL PERISHABLE VENDING MACHINES Consumer Vending 2714 E 33rd Street Dayton's 1100 Brookdale Center P �• Sanitarian RENTAL DWELLINGS Renewal: Brookwood Estates 6201 N Lilac Drive Ewing Square Associates Ewing Square Townhouses George I. Kosmides Lyn -River Apartments Brighton II Ltd Partnership Timber Ridge Apartments Boulevard Properties 5837 Brooklyn Blvd Brett and Terry Parker 5245 Lakeside Place Steve Loechler 5736 Logan Ave N Jerry Truman 5519 -23 Lyndale Ave N Michael and Debra Hogenson 3813 Urban Ave N (� }'l W Frances M Lunacek 5211 Xerxes Ave N � �1 �tg1 Director of Planning Ak and Inspections SWIMMING POOLS Brookside Manor Apts 1121 -1307 67th Ave N Riverwood Townhomes Association 6626 Camden Drive N Sanitarian GENERAL APPROVAL: P. Page, Dep Clerk