HomeMy WebLinkAboutCC WORKSESSION 10042005AGENDA
Council Work Session
October 4, 2005
6:00 PM
(Sandwich platter from Jersey Mike's provided)
1. Call to Order
2. Elected Officials Travel Policy
3. Liquor License Combination — 3.2 Beer and Wine License
4. Nextel Lease Agreement
5. Egress Windows Update
6. Fees for Police Report
7. Presentation by John Ohl, St. Anthony Police Department — 6:45 pm
8. Ehlers & Associates, Stacie Kvilvang presenting — 7:30 pm
9. Other Business
1) Interview dates for Planning Commission and Parks Commission
10.Adjourn
STAFF REPORT
To: Mayor and City Council Report No.:
From: Kim Moore- Sykes, Assistant City Manager
Date: September 27, 2005
Subject: Draft of Elected Official Out -of -State Travel Policy
Requested Action:
Review draft policy and revise as needed, using the guidelines as outlined in this Staff Report.
Background:
Section 38 of Article 2, of Chapter 156, of the Minnesota State Statutes, now requires that cities, counties, and
school districts develop a policy that regulates travel by local elected officials outside of the state. The policy
must be approved by a recorded vote by January 1, 2006 and must specify when travel by local elected officials
outside of the state is appropriate; determine applicable expense rates; and establish procedures for approval of
the out -of -state travel. This policy is to be reviewed annually and any changes to the policy must be
approved by a recorded vote. This legislation became effective August 1, 2005.
The following are other provisions that the City Council may want to consider including in this policy. They are
not required by the Statute but were part of the information that Staff received from the LMC as a part of their
model policy format.
• Limitations on the number of council members who can attend the same event;
• Limitations on paying for council members who have announced their intention to resign, not to seek
reelection, or who have been defeated in an election (however, there may be some benefit to the city in
having newly elected officials who have not yet taken office attend training beforehand);
• Requirements for council members to give oral or written reports on the results of the trip at the next
Council meeting;
• Requirements for the council members to turn over materials received to the city;
• The ability for the city to make exceptions to the policy,
• The requirement for all frequent flyer miles to accrue to the city;
• Requirements to use the most cost - efficient mode of travel available taking into consideration reasonable
time constraints; or
• The requirement to use a city car when available.
Attachments:
• LMC 2005 Law Summary — Local Elected Official Travel, page 25.
H:\Staff Reports \092705 Council STAFF REPORT.doc
Catne(.% ry
ELECTED OFFICIAL OUT -OF -STATE TRAVEL POLICY
P ose: The City of St. Anthony recognizes that its elected officials may at times
receive value from traveling out of the state for workshops, conferences, events and other
assignments. This policy sets forth the conditions under which out -of -state travel will be
reimbursed by the City.
General Guidelines:
1. The event, workshop, conference or assignment must be approved in advance by
detailed motion by the City Council at an open meeting and must include an
estimate of the cost of the travel. In evaluating the out -of -state travel request, the
Council will consider the following:
• Whether the elected official will be receiving training on issues relevant to
the City or to his or her role as the Mayor or as a council member;
• Whether the elected official will be meeting and networking with other
elected officials from around the country to exchange ideas on topics of
relevance to the City or on the official roles of local elected officials;
• Whether the elected official will be viewing a city facility or function that
is similar in nature to one that is currently operating at, or under
consideration by the City where the purpose for the trip is to study the
facility or function to bring back ideas for the consideration of the full
council;
• Whether the elected official has been specifically assigned by the Council
to visit another city for the purpose of establishing a goodwill relationship
such as a "sister- city" relationship;
• Whether the elected official has been specifically assigned by the Council
to testify on behalf of the City at the United States Congress or to
otherwise meet with federal officials on behalf of the City;
• Whether the City has sufficient funding available in the budget to pay the
cost of the trip.
H:\Policies \2005 Elected Official Travetdoc
2. No reimbursements will be made for attendance at events sponsored by or
affiliated with political parties.
I The City may make payments in advance for airfare, lodging and registration if
specifically approved by the Council. Otherwise all payments will be made as
reimbursements to the elected official.
4. The City will reimburse for transportation, lodging, meals, registration, and
incidental costs using the same procedures, limitations and guidelines outlined in
the City's policy for out -of -state travel by City employees (See City of St.
Anthony Employee Resource Guide, Section B).
H:\Policies\2005 Elected Official Travel. doc
FREQUEST FOR COUNCIL CONSIDERATION
Report Date:
Agenda Section:
Meeting Date:
ITEM DESCRIPTION:
Ordinance 2005 -XXX; An ordinance to amend section 1000.04 License Types
to add a Combination Wine and Beer License.
MANAGER'S REVIEW:
This ordinance would allow businesses with a on -sale 3.2 malt liquor license
and an on -sale wine license to sell intoxicating malt liquor on -sale without
an additional license. Under current liquor legislation, the State of Minnesota
allows this special license.
The establishment would need to be in compliance with all provisions stated
in Section 1000.12. Under section 1000.12 subd. 3 Percentage of Food;
businesses would need to abide by the State Statue of gross receipts are at
least 60% attributable to the sale of food.
STAFF RECOMMENDATIONS:
Approve Ordinance 2005 -xxx; An ordinance to amend Section 1000.04
License Types to add a Combination On -Sale 3.2 Malt Liquor and On -Sale
Wine license.
Michael Mornson
City Manager
Minnesota Statutes 2004, 340A.404
(1) to the state agency administratively responsible for,
or to an entity holding a concession or facility management
contract with such agency for beverage sales at, the premises of
any Giants Ridge Recreation Area building or recreational
improvement area owned by the state in the town of White, St.
Louis County;
(2) to the state agency administratively responsible for,
or to an entity holding a concession or facility management
contract with such agency for beverage sales at, the premises of
any Ironworld Discovery Center building or facility owned by the
state at Chisholm; and
(3) to the Board of Regents of the University of Minnesota
for events at Northrop Auditorium.
The commissioner shall charge a fee for licenses issued
under this subdivision in an amount comparable to the fee for
comparable licenses issued in surrounding.cities.
Subd. 5. Wine licenses. (a) A municipality may issue
an on-sale wine license with the approval of the commissioner to
a restaurant having facilities for seating at least 25 guests at
one time. A wine license permits the sale of wine of up to 14
percent alcohol by volume for consumption with the sale of
food. A wine license authorizes the sale of wine on all days of
the week unless the issuing authority restricts the license's
authorization to the sale of wine on all days except Sundays.
(b) The governing body of a municipality may by ordinance
authorize a holder of an on -sale wine license issued pursuant to
;
paragraph (a) who is also licensed to sell 3.2 percent malt
�r
liquors at on -sale pursuant to section 340A.411, and whose gross'
receipts are at least 60 percent attributable to the sale of
food, to sell intoxicating malt liquors at on -sale without an
additional license.
l
(c) A municipality may issue an on -sale wine license with
the approval of the commissioner to a licensed bed and breakfast
facility. A license under this paragraph authorizes a bed and
breakfast facility to furnish wine only to registered guests of
the facility.
Subd. 6. Counties. (a) A county board may issue an
annual on -sale intoxicating liquor license within the area of
the county that is unorganized or unincorporated to a bowling
center, restaurant, club, or hotel with the approval of the
commissioner.
(b) A county board may also with the approval of the
commissioner issue up to ten seasonal on -sale licenses to
restaurants and clubs for the sale of intoxicating liquor within
the area of the county that is unorganized or unincorporated.
Notwithstanding section 340A.412, subdivision 8, a seasonal
license is valid for a period specified by the board, not to
exceed nine months. Not more than one license may be issued for
any one premises during any consecutive 12 -month period.
Subd. 6a. Repealed, 1991 c 249 s 33
Subd. 7. Airports commission. On -sale licenses may
be issued by the Metropolitan Airports Commission for the sale
of intoxicating liquor in major airports owned by the
http: / /www. revisor. leg. state.nm.us /stats /340A/404.html
Page 4 of 7
9/22/2005
CITY OF ST. ANTHONY
ORDINANCE 2005 -xxx
AN ORDINANCE AMENDING SECTION1000.04 LICENSE TYPES
TO ADD A COMBINATION WINE AND BEER LICENSE TO THE
ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1000.04 of the St. Anthony City Code shall be added as the following:
1000.04 License Types
H. Combination On -Sale Wine and Beer License - A holder of an
on -sale wine license issued pursuant to this Section who is also
licensed to sell 3.2 percent malt liquor pursuant to State Statue
and gross receipts are at least 60 percent attributable to the sale
of food, may sell intoxicating malt liquor on -sale without an
additional license.
This Ordinance shall be in full force and effect upon passage by the City Council and
publication of the Ordinance or a Summary thereof in the City's official newspaper.
Adopted this _ day of , 2005.
Mayor
Attest:
City Clerk
Passage by City Council:
Publication in St. Anthony Bulletin:
MEMORANDUM
DATE: September 26, 2005
TO: City Council
FROM: Mike Morrison, City Manager
Roger Larson, Finance Director
ITEM: NEXTEL WEST CORP — TELECOMMUNICATIONS LEASE
Nextel West Corporation desires to install a telecommunications facility at the City's
water tower. The highlights of the agreement include the following proposed conditions
and terms:
• Initial Term of the Lease 5 Years.
• Renewal Terms 4 — 5 year renewal options.
• Proposed Rent $1,400.00 per month.
• Term Escalator 4% per year of the former years rent.
The communications facility will require no City improvements and the cost of all
utilities, phone lines, necessary improvements and planning and zoning expenses will be
paid for by Nextel West Corp.
The lease of the facility to Nextel will provide a source of rental income to the General
Operating Fund at the same monthly rental rate and terms that Sprint Spectrum is paying.
In addition, to the benefit of enhanced revenue, the new facility will improve wireless and
emergency communication services.
Another added benefit is that the antennas are taxed as personal property and this lease
will generate $3,830.40 in property taxes. The taxable value and calculation is based on
the amount of the annual lease. The following example is based on collectible 2005
taxes:
Annual Lease $ 16,800
• Gross Rent Multiplier X 8
134,400
• Tax Rate for Preferred Property .0285
$3,830.40
To compare the annual lease charges and to what other cities are charging, St. Anthony's
annual lease and escalator is competitive. Cities with similar leases and escalators
include St. Louis Park, Champlin Park, Robbinsdale, New Hope and Hopkins. They all
have current leases in the lower $20's, but all are several years into their escalator.
The City Attorney has reviewed the proposed lease and the attached agreement includes
language and changes recommended by Dorsey & Whitney.
Recommendation:
Council direct staff to enter into an agreement with Nextel West Corporation under the
terms and conditions as set forth in lease agreement.
Site: MN0323 -A / Gross
Market: Chicago
COMMUNICATIONS SITE LEASE AGREEMENT (WATER TANK)
This COMMUNICATIONS SITE LEASE AGREEMENT ( "Agreement ") is dated as of 2005, by Nextel West
Corp, a Delaware corporation ( "Nextel" or "Tenant ") and City of St. Anthony, a Minnesota municipal corporation ( "Owner" or
"Landlord")-
For One Dollar ($1.00) paid to Owner, and other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Premises. Owner owns a parcel of land ( "Land ") and a water tank ( "Water Tank ") located in the City of Saint Anthony,
County of Hennepin, State of Minnesota, commonly known as 3109 — 33rd Avenue, St. Anthony, Minnesota 55418 -1699 (APN: 06-
029-23-13- 0002). The Water Tank and the Land are collectively referred to herein as the "Property." The Land is more particularly
described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ( "Effective Date/Due Diligence Period "),
Owner hereby leases to Nextel and Nextel leases from Owner approximately two hundred and forty (240) square feet of Land and
space adjacent to and/or on the Water Tank and all access points reasonably necessary for the use thereof (collectively, "Premises ") as
may be described generally in Exhibit B annexed hereto. Notwithstanding the foregoing, any improvements constructed by Tenant on
the ground adjacent to the Water Tank shall be located a minimum of 15 feet from the drip line of the Water Tank. It is expressly
acknowledged and agreed that Tenant shall have non - exclusive use of the Water Tank, and exclusive use of the ground fixtures Tenant
installs on the Premises, pursuant to the provisions of this Agreement.
2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ( "Effective
Date "). Beginning on the Effective Date and continuing until the Tenn Commencement Date as defined in Paragraph 3 below ( "Due
Diligence Period "), Nextel shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and
boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and
environmental tests (collectively, "Investigations and Tests ") that Nextel may deem necessary or desirable to determine the physical
condition, feasibility and suitability of the Premises. Prior to entering the Property, Nextel must provide Owner with evidence of the
insurance required to be carried by Nextel hereunder. Nextel shall be solely responsible for returning the Property to its original
condition, shall indemnify and hold harmless Owner from the cost of an Investigations and Tests conducted by or on behalf of Nextel,
and shall keep the Property free of all liens. Throughout the Due Diligence Period, Nextel shall have the ongoing obligation to
maintain the Property and return the same to its condition prior to the Effective Date, including but not limited to, repairing any
damage resulting from the conduct of its Investigations and Tests. Nextel shall provide Owner with copies of all reports generated by
or on behalf of Nextel pursuant to this Section. The obligations set forth in this Section 2 survive the expiration or termination of the
Agreement. Upon Nextel's request, Owner agrees to provide promptly to Nextel copies of any plans, specifications, surveys and
Water Tank maps for the Land and Water Tank that are in Owner's possession. In the event that Nextel determines, during the Due
Diligence Period, that the Premises are not appropriate for Nextel's intended use, or if for any other reason, or no reason, Nextel
decides not to commence its tenancy of the Premises, then Nextel shall have the right to terminate this Agreement without penalty upon
written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Nextel
expressly acknowledge and agree that Nextel's access to the Property during this Due Diligence Period shall be solely for the limited
purpose of perfomring the Investigations and Tests, and that Nextel shall not be considered an owner or operator of any portion of the
Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2),
prior to the Term Commencement Date.
3. Term. The term of Nextel's tenancy hereunder shall commence upon the start of construction of the Tenant Facilities (as
defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ( "Term Commencement
Date ") and shall terminate on the fifth anniversary of the Term Commencement Date ( "Term ") unless otherwise terminated as
provided herein. Tenant shall have the right to extend the Term for four (4) successive five (5) year periods ( "Renewal Terms ") on
the same terms and conditions as set forth herein, including the annual rent increases described in Section 4 below. This Agreement
shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew prior
to commencement of the succeeding Renewal Term, or unless such Renewal Terms are cancelled by Landlord as set forth herein.
4. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month
thereafter, Tenant shall pay to Landlord as rent One Thousand Four Hundred and 00 /100 Dollars ($1,400.00) per month ( "Rent ").
Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to
Landlord at Saint Anthony City Hall, 3301 Silver Lake Road, Saint Anthony, Minnesota 55418 -1699; Attention: Mr. Jay Hartman. All
of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9
Form from Landlord. Rent shall be increased on each anniversary of the Term Commencement Date by an amount equal to
four percent (4 %) of the Rent then in effect for the previous year.
5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for the installation of up to six (6)
antennas on the Water Tank and such ground facilities as may be reasonably necessary to support such antennas in connection with the
provision of communications services, and Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may
deem necessary or desirable with the prior written consent of Landlord, which may be conditioned upon Tenant's execution of an
additional indemnification agreement. In the event Tenant desires to install more than six (6) antennas, Tenant must obtain the prior
written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord consents, the rental
amount shall be increased by $1,000.00 per antenna, per year. Landlord agrees to cooperate with Tenant, at no out of pocket expense
to Landlord, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be
required for Tenant's intended use of the Premises.
(a) Tenant's right to use the Premises is expressly contingent upon its obtaining all certificates, permits, zoning and other
approvals that may be required by any federal, state or local authority. Tenant shall present evidence that it has obtained such permits
to Landlord upon demand therefor.
(b) In the event of communication interference or other conflict while this Agreement is in effect, the following priorities
of use are listed in descending order, and Tenant's use shall be subordinate accordingly:
1. Landlord;
2. Public safety agencies that are not a part of Landlord;
3. Other governmental agencies where use is not related to public safety; and
4. Tenant and other government regulated entities whose antennas offer a service to the general public for a
fee, in a manner similar to a public utility, such as long distance and cellular telephone, but not including
radio or television broadcasters.
6. Facilities: Utilities; Access.
(a) Before obtaining a building permit, Tenant must pay for the cost of (i) a radio frequency interference study carried
out by an independent and qualified professional selected by Landlord showing that Tenant's intended use will not interfere with any
existing communications facilities and (ii) and engineering study showing that the Water Tank is able to support the Tenant Facilities
without prejudice to Owner's use of the Water Tank. The results of such studies shall be immediately delivered to Landlord. Within
thirty (30) days after receipt thereof, Landlord shall either (1) terminate this Agreement, or (2) authorize Tenant to apply for a building
permit for construction of the Tenant Facilities, as the same have been approved by Landlord. With the prior written consent of
Landlord, Tenant has the right to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises
communications facilities, including without limitation utility lines, transmission lines, an air conditioned equipment shelter(s),
electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and
generator pad, and supporting equipment and structures therefor ( "Tenant Facilities "). In connection therewith, and with Landlord's
prior written consent, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant's business
operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and
installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall keep the
Property free from liens. In the event any lien is filed on the Property as a result of Tenant's acts, Landlord may immediately pay the
same (including interest and penalties), and any amounts so expended by Landlord shall immediately become due and payable as
additional rent. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property
and are not fixtures. Tenant must remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of
this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier
termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. In the event Tenant fails to timely remove
10.15.2004
the Tenant Facilities, the Tenant Facilities shall become property of Landlord, to be disposed of as Landlord sees fit at Tenant's
expense.
(b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company.
Tenant shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility
service from any utility company that will provide service to the Property, provided that Landlord approves in advance any separate
utility company selected by Tenant. Nothing herein shall be deemed to require Landlord to approve any utility company or grant any
utility company any rights in the Property.
(c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord
twenty-four (24) hours a day, seven (7) days a week, at no charge. Tenant's lease of the Premises pursuant to the terms hereof includes
the right to access the same from the closest public right -of -way. Tenant's indemnification and other obligations set forth herein are
applicable to all access points to the Premises as well as the Premises depicted on Exhibit B.
7. Interference.
(a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ( "FCC ")
requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the
Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities.
(b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees
to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if
such modifications cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of
this Agreement.
8. Taxes. If property taxes are assessed on the Tenant Facilities or the Tenant's use of the Premises, Tenant shall pay any
portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when due all real property taxes, assessments
and deferred taxes on the Property.
9. Security Interest. Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes
and financial and security agreements for the financing of the Tenant Facilities ( "Collateral ") with a third party financing entity (and
may in the future enter into additional fmancing arrangements with other financing entities). In connection therewith, Landlord (i)
consents to the installation of the Collateral; (ii) subordinates any interest it may have in the Collateral, as fixtures or otherwise to the
interest of such third party; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or
distress for any Rent due or to become due for so long as such third party has a security interest in the same, and that such Collateral
may be removed at any time without recourse to legal proceedings.
10. Tenant Default; Termination.
In the event Tenant fails to perform any of its obligations hereunder, and such failure continues for thirty (30) days after notice from
Landlord and opportunity to cure (or, in the case of a monetary default, five (5) days after notice and opportunity to cure, except no
notice is required for the payment of recurring monthly Rent), Landlord may exercise any of the following remedies:
a. Termination. Landlord may deliver Tenant notice that this Agreement is terminated on the date specified in such
notice, and upon such date this Agreement shall terminate, and all obligations of the parties shall terminate on such date, except for
those obligations specifically described to survive.
b. Continuation after Default. Landlord may allow this Agreement to continue, preserving all remedies arising from
such default, and may, at Landlord's option, cancel all remaining Renewal Terms.
C. Damages. Landlord may pursue any action or claim against Nextel for damages, whether or not Landlord has
terminated this Agreement as set forth above.
10.15.2004
d. Imposition of Late Fee: Interest. In the event of any monetary default, a late fee of five percent (5 %) of the amount
due shall automatically be assessed. If any monetary default continues for more than ten (10) days after the date such payment was
due, Tenant shall pay interest on such sum in the amount of eighteen percent (18 %) per annum or the highest rate permissible by law,
whichever is less.
e. Remedies Cumulative. All rights, privileges and elections or remedies of Landlord set forth above are cumulative
and not alternative, to the extent permitted by law and except as otherwise provided herein.
This Agreement may be terminated without further liability on thirty (30) days prior written notice by Tenant as follows: (i) if it does
not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (ii)
if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels
or change in frequencies; or (iii) by Tenant if Tenant determines during the Due Diligence Period that the Premises are not appropriate
for its operations for economic or technological reasons, including, without limitation, signal interference.
11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in
lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or
transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage,
destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be
reduced or abated in proportion to the actual abatement of use of the Premises.
12. Insurance. Tenant, at Tenant's sole cost and expense, shall procure and maintain commercial general liability ( "CGL ")
insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00 /100 Dollars
($1,000,000.00) per occurrence and naming Landlord as an additional insured. Subject to the standard exclusions and limitations of
CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out
of or in connection with Tenant's use of the Premises, all as provided for herein. Such policies shall be endorsed to provide Landlord
with thirty (30) days notice of cancellation, change in terms, or nomenewal. If Tenant fails to carry the insurance required hereunder,
Landlord may but shall not be obligated to procure the same on Tenant's behalf and at Tenant's sole expense, which amount shall
become due and payable on demand. Prior to the Effective Date, Tenant shall provide Landlord with a certificate of insurance ( "COI ")
evidencing the coverage required by this Paragraph 12.
13. Waiver of Subroeation. Landlord and Tenant release each other and their respective principals, employees, representatives
and agents, from any claims for damage to any person or to the Property or the Premises or to the Tenant Facilities or any other
property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at
the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance
company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy.
Neither Landlord nor Tenant shall be liable to the other for any damage caused by any of the risks insured against under any insurance
policy required by Paragraph 12.
14. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against
all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses)
(collectively "Losses ") arising from the indemnifying party's breach of any term or condition of this Agreement or from the gross
negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Property. The duties
described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement.
15. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or
in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent
company, any subsidiary or affiliate of it or its parent company or entity acquiring fifty -one percent (51 %) or more of its stock or
assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above, provided that any assignee
has a net worth at least equal to that of Tenant on the date hereof. Upon assignment, Tenant shall be relieved of all future
performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein.
Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of
time thereafter, provided that the assignee assumes all of Landlord's obligations herein. This Agreement shall run with the Land and
shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns.
10.15.2004
Except for the interest of the third party financing entity referenced in Section 9 above, Tenant shall not mortgage, pledge, hypothecate
or otherwise transfer its interest in this Agreement or in the Tenant Fixtures.
16. Warranty of Title and Quiet Enjoyment. Landlord warrants that: (i) Landlord owns the Property in fee simple, has rights
of access thereto from the nearest public roadway, which Tenant is legally permitted to use, and the Property and access rights are free
and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and
agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in
default hereunder after notice and expiration of any applicable cure periods.
17. Repairs: Maintenance. Tenant shall repair any damage to the Premises or Property caused by Tenant. Upon expiration or
termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon start of construction,
reasonable wear and tear and loss by casualty excepted. As part of the regular maintenance of the Water Tank and during the term of
this Agreement, Landlord may from time to time paint the Water Tank. In such case, upon 30 days' prior written notice from Landlord,
Tenant will remove all of its cellular phone antennas from the Water Tank. Tenant shall then be allowed to locate its antennas on a
temporary antenna support structure provided by Tenant. Such temporary antenna support structure may be located in the immediate
vicinity of the Water Tank, at such a location that will allow the antennas to operate for Tenant's intended purpose, but which will not
interfere with the painting of the Water Tank. Upon completion of the painting of the Water Tank, Landlord shall provide written
notice to Tenant of the same, and Tenant shall promptly reinstall its antennas on the Water Tank, and Tenant shall further remove the
temporary antenna support structure from the Premises or the vicinity of the Premises, as the case may be. Tenant shall also, at that
time, have its antennas painted the same color as the Water Tank. All Tenant's actions described in this Section 17 shall be performed
at Tenant's sole cost and expense. Tenant agrees that all of Tenant's obligations contained in this Agreement, including but not limited
to, defense, indemnification, and insurance obligations, shall continue during such time as Tenant's antennas are removed from the
Water Tank, and shall be extended to cover Tenant's activities on the Premises, specifically including but not limited to, the presence
and operation of Tenant's temporary antenna support structure. In addition, upon prior written notice from Landlord, Tenant agrees to
promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Premises, including painting or other
maintenance of the Water Tank, that care caused by Tenant's occupancy of the Premises. Upon prior written notice from Landlord,
Tenant further agrees to cooperate with Landlord in the performance of any maintenance of the Water Tank, including turning down
the cell site when maintenance workers are in the immediate vicinity of the antennas; provided, however, that Tenant has the right to
leave its antennas in place during any such maintenance of the Water Tank, which maintenance does not include painting.
18. Hazardous Material.
(a) As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate,
handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any Environmental Law
(as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous
Material located in, on, under, upon or affecting the Property in violation of any Environmental Law; (ii) no notice has been received
by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of
the Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any
Environmental Law for any environmental damage (or the presencd of any Hazardous Material) in, on, under, upon or affecting the
Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on,
under, upon, or affecting the Property in violation of any Environmental Law.
(b) Without limiting Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold the other harmless from
and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and
expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 18 by such party; and/or (ii)
environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from
operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the
ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective
agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 18 shall apply as of the Effective Date
of this Agreement and survive termination of this Agreement.
(c) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall
include, without limitation, any petroleum or petroleum products or by- products, flammable explosives, radioactive materials, asbestos
in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the
10.15.2004
environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
Environmental Law.
(d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes,
ordinances, or by -laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings,
directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental
pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge,
release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any
Hazardous Material, or otherwise regulating or providing for the protection of the environment.
19. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers,
negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in
writing and executed by both parties.
(b) Both parties represent and warrant that their use of the Property and their personal property located thereon is in
compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government
authority.
(c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this
Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the
respective parties.
(e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt
requested, or reliable overnight courier to the address of the respective parties set forth below:
Landlord:
City of St. Anthony
3301 Silver Lake Road
Saint Anthony, Minnesota 55418 -1699
Attn: Mr. Jay Hartman
Phone: (612) 789 -8881
Tenant:
Nextel West Corp.
400 West Grand Avenue
Elmhurst, Illinois 60126
Attn: Senior Manager Site Development
Phone: (630) 379 -5700
With a copy to:
Sprint
2001 Edmund Halley Drive
Reston, VA 20191 -3436
Second Floor, Mail Stop 213225
Attn: Contracts Manager - Legal
Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices
hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
(f) This Agreement shall be governed by the laws of the State of Minnesota.
(g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as
Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County
where the Property is located.
10.15.2004
(h) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to
Tenant an executed and acknowledged non - disturbance and attomment instrument for each such mortgage or deed of trust in a
recordable form reasonably acceptable to both parties.
(i) Landlord agrees to fully cooperate with Tenant (including obtaining and/or executing necessary documentation) to
clear any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement.
0) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under
this Agreement, such party shall not unreasonably delay or withhold its approval or consent.
(k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter
into and perform their respective obligations under this Agreement.
(1) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended to construe the
Agreement against the drafter will not apply against either party.
(m) In the event of any breach or default by either party, the other party shall be entitled to all rights and remedies
provided for in this Agreement and/or available at law, in equity, by statute or otherwise, all of which rights and remedies shall be
cumulative (and not exclusive).
(n) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the
scope or intent of any provision of this Agreement.
(o) All Recitals set forth above, and all Riders and Exhibits annexed hereto, form material parts of this Agreement and
are hereby incorporated herein by this reference.
(p) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.
20. Markine and Lighting Requirements. Landlord shall be responsible for compliance with all marking and lighting
requirements of the Federal Aviation Administration ( "FAA "). Tenant shall be responsible for all marking and lighting requirements
of the FCC.
21. Supplier Diversity. Nextel is committed to equal employment and vendor diversity. As part of this commitment, it is the
policy of Nextel that small business concerns, veteran -owned small business concerns, HUBZone small business concerns, women -
owned small business concerns, small disadvantaged business concerns (including 8(a) business concerns) and historically black
colleges and universities and minority institutions ( "Diverse Suppliers," as further defined below) shall have the maximum practicable
opportunity to participate in performance of contracting between Nextel and its vendors. The term "Diverse Supplier(s)" shall mean
and be defined as set forth in Federal Acquisition Regulation Part 19 and 13 C.F.R. Part 121. In addition, "Historically black colleges
and universities," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean and include
institutions determined by the Secretary of Education to meet the requirements of 34 C.F.R. Section 608.2; any nonprofit research
institution that was an integral part of such a college or university before November 14, 1986; and "Minority institutions," as included
in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean institutions meeting the requirements of Section
1046(3) of the Higher Education Act of 1965 (20 U.S.C. §1135d- 5(3)); and also Hispanic - serving institutions as defined in Section
316(b)(1) of such Act (20 U.S.C. §1059c(b)(1)). Landlord shall confirm in the space below whether or not Landlord reasonably
believes it qualifies as a Diverse Supplier.
** *SIGNATURES ON FOLLOWING PAGE * **
10.15.2004
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below.
LANDLORD:
City of St. Anthony,
A Minnesota municipal corporation
By:
Name:
Title:
Date:
Tax I.D.:
Diverse Supplier: ❑ Yes ❑ No
TENANT:
Nextel West Corp., a Delaware corporation
10
Name: Jocelyn Prochilo
Title: Vice President of Site Development - Midwest
Date:
10.15.2004
STATE OF
161611RUM11
On before me, , Notary Public, personally appeared <Landlord>, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
STATE OF Illinois
COUNTY OF DuPage
On before me, Notary Public, personally appeared Jocelyn Prochilo, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
10.15.2004
EXHIBIT A
DESCRIPTION OF LAND
The Land is described and/or depicted as follows (metes and bounds description):
The West 20 acres of the Southwest Quarter of the Northeast Quarter of Section 6, Township 29, Range 23 according to the U.S.
Government Survey thereof, Hennepin County, Minnesota, except:
The West Half of the South Half of the West Half of the Southwest Quarter of the Northeast Quarter;
The West 270 feet of the South 120 feet of the North Half of the West half of said Southwest Quarter of the Northeast Quarter.
APN: 06- 029 -23 -13 -0002
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated 2005, by and between City of St. Anthony, a Minnesota municipal corporation, as
Landlord and Nextel West Corp., a Delaware corporation, as Tenant.
The Premises are described and/or depicted as follows:
A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO
Notes:
1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including police and fire
departments.
4. Without in any way limiting Paragraph 6 (or Tenant's right to make future changes), Tenant intends to initially install up to twelve
(12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and
locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations
may vary from what is shown above.
5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility
company in compliance with all local laws and regulations.
EXHIBIT C
to the Agreement dated 2005, by and between City of St. Anthony, a Minnesota municipal corporation, as
Landlord and Nextel West Corp., a Delaware corporation, as Tenant.
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Nextel West Corp.
400 West Grand Avenue
Ehnhurst, Illinois 60126
Attn: Property Services
MEMORANDUM OF AGREEMENT
MN0323 -A/ Gross
APN: 06- 029 -23 -13 -0002
This MEMORANDUM OF AGREEMENT is entered into on this , 2005, by City of St. Anthony, a Minnesota
municipal corporation, with an address at 3301 Silver Lake Road, Saint Anthony, Minnesota, 55418 -1699 (hereinafter referred to as
"Owner" or "Landlord ") and Nextel West Corp., a Delaware corporation, with an office at 400 West Grand Avenue, Elmhurst,
Illinois 60126 (hereinafter referred to as "Nextel" or "Tenant ").
1. Owner and Nextel entered into a Communications Site Lease Agreement ( "Agreement ") dated as of
, 2005, effective upon full execution of the parties ( "Effective Date ") for the purpose of Nextel undertaking
certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The term of Nextel's tenancy under the Agreement is for five (5) years commencing on the start of construction of
the Tenant Facilities or eighteen (18) months following the Effective Date, whichever first occurs ( "Term Commencement Date "),
and terminating on the fifth anniversary of the Term Commencement Date with five (5) successive five (5) year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land
being leased to Tenant and all necessary access and utility easements (the "Premises ") are set forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written
LANDLORD:
City of St. Anthony,
A Minnesota municipal corporation
TENANT:
W,
17T'itlVe: Vice President of Site Development - Midwest
Date:
0
STATE OF
COUNTY OF
On , before me, , Nc
(or proved to me on the basis of sati^fttory e i enc to be
acknowledged to me th a ute e s authori
or thennntity up bel�a f n e r ct win red the
My commission expires:
STATE OF Illinois
COUNTY OF DuPage
me
and
on,
On , before me, Notary Public, personally appeared Jocelyn Prochilo, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
4831 - 4264 - 55042 9/27/2005 8:33 AM
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 05 -XXX
A RESOLUTION APPROVING INSTALLAITON OF THE
A TELECOMMUNICATIONS FACILITY AT THE
SITE OF THE CITY'S WATER TANK
WHEREAS, Nextel West Corporation desires to install a telecommunications facility
at the City's water tank; and
WHEREAS, the City Council believes said facility will provide a source of rental
income and improve wireless communications and emergency
communication service for the City; and
WHEREAS, the proposed lease terms are:
Initial lease term: 5 years
Renewal terms: 4 — 5 year, automatic renewal terms
Proposed rent: $1,400 per month
Term escalator: 4% of the prior years rent
WHEREAS, cost all utilities, phone lines, necessary improvements and planning and
zoning expenses will be paid for by Nextel West Corporation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves installation of a telecommunications facility at the site
of the City's water tank under the conditions and proposed lease terms,
as stated in the attached agreement, dated , and
between the City of St. Anthony and Nextel West Corporation.
Adopted this _ day of 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
CITY OF ST. ANTHONY
ORDINANCE 2005 -011
AN ORDINANCE RELATING TO AMENDING SECTION
1650.03 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1650.03 of the St. Anthony City Code shall be amended, by adding stipulation
(i) and 0) in the zoning code:
1650.03 Encroachment in Yards.
(i) Any life safety improvements to a residential structure such as egress
window wells and /or other similar above grade exiting requirements so
long as access to the rear yard is preserved.
0) The Building Official and the Fire Marshall shall have the authority to
require a fence or any other means of structure to be installed in such
a manner as to protect the public from accidentally falling, tripping or
sustaining an injury of any sort as the result of the installation and
existence of an egress window well.
This Ordinance shall be in full force and effect upon passage by the City Council and
publication of the Ordinance or a Summary thereof in the City's official newspaper.
Adopted this day of 2005.
Mayor
Attest:
City Clerk
Passage by City Council:
Publication in St. Anthony Bulletin:
STAFF REPORT
To: Planning Commission Report No.: VIA
From: Kim Moore- Sykes, Assistant City Manager V
Date: September 20, 2005
Subject: Proposed Text Amendment to the City Code to Allow Egress Windows Wells Encroach into
Side Yard Setback
Date Application Received:
Property Address:
Zoning District:
60 -Day Expires:
Administrative
NA
R -1, R -1A; R -2
NA
Requested Action:
Consider proposed text amendment to the City s Zoning Code to allow egress window wells as
encroachment no more than 3 feet into the side yard or front yard setback.
Background:
By omission from the St. Anthony Zoning Code, egress window wells are not a permitted use or allowed as
an encroachment into the side yard setback of the R -1 Zoning District. Section 1600.03 Uses Not Specified
states that if a use is not specifically permitted, permitted by conditional use permit or prohibited, the use.
will be considered prohibited; and Section 1650.03 Encroachments in Yards, does not include egress
window wells as an allowed encroachment.
This summer, Staff has received many requests to be allowed to install egress window wells in setbacks. In
many situations, the yard generally is sufficient to allow for this installation without going into the setback,
side yard or front yard. And in these situations, the Building Inspector and Fire Marshall would oversee
the installation to ensure proper placement and dimensions as required by the building code.
All the cities that responded to Staffs requests for information indicated that they do not have anything in
their zoning ordinances that specifically address egress windows in the setback because it's more of a safety
issue. As such, egress window wells are mostly allowed by their city's policy, and usually without the
zoning department's consideration. All stated that building permits are required for egress window wells
construction so that Building Inspector and Fire Marshall can review the building plans.
The cities of Minneapolis, St. Paul, Blaine, Hopkins, New Brighton and Lexington have adopted policies
that are based on the MN Building Codes for encroachments into the side or front yard for egress window
wells. Staff members for Blaine, Lexington and Hopkins have not been able to locate any ordinances. that
have language that address egress window requirements or restrictions in the setback of a lot. Some cities,
like New Brighton, address requests through the building inspections department to install egress windows
in the setback on a case -by -case basis.
H:\Planning\Staff Reports\2005 \09202005 Egress Text Arod to Code.doc
In speaking with the planning and zoning departments for the cities of Minneapolis and St. Paul, they both
indicated that egress window wells are allowed no matter what because it's an issue of safety for both the
resident and emergency personnel. St. Paul said that the City Council did have concerns as well about
people falling into the wells, so have required fencing around the wells in areas where the setback to the
property is narrow. Otherwise, if someone falls into a well and the individual is not the property owner,
the individual can be cited for trespassing.
Michelle Howard of the Minneapolis Planning and Zoning Department said that they viewed the
installation of egress window wells the same as St. Paul. She said that both cities have side yard setbacks
on some properties that that are 3 to 4 feet from the property lines and they view egress window wells as
always allowable because of the safety issues that they address. Ms. Howard, as did the planner from St.
Paul, reported that they have never required properties owners to attend public hearings on their requests
to prove hardship or to consider economic gain as an impediment to the allowance and construction of
these structures. It is simply a matter of safety and they can be installed without planning and zoning
review. This seems to be the same procedure for other cities that Staff contacted.
Staff also requested memos form the Building Official and the St. Anthony Fire Department regarding
egress window wells.
Proposed Text:
Consequently, Staff found no ordinance language dealing with egress window wells from other metro
communities. Simply adding egress window wells to the already existing ordinance text would be the
easiest text amendment:
1650.03 Encroachment in Yards. The following are permitted encroachments in required yards:
(i) Any life safety improvement to a residential structure such as egress window wells and /or other
similar above glade exiting requirements so long as access to the rear yard is preserved.
Construction and installation of an egress window well would still require a building permit. This permit
would trigger inspections by the Building Inspector and Fire Marshall, which would provide oversight and
control over the construction of an egress window well in the setback.
Staff recommends that the Planting Commission and the City Council approve the text amendment that
allows the construction and installation of any life safety improvement to a residential structure. Expert
consideration for these installations should be required from emergency personnel and the building official.
Attachments:
• City of Hopkins Information on Egress Windows .
• City of Blaine Policy
• City of.Roseville Policy
• City of Lexington - Encroachment Ordinance
• City of Bloomington - Encroachment Ordinance
City of St. Anthony Egress Window Information from Building Inspector
• Memo from Greg Schmitt, City Building Official
• Memo from John Malenick, Fire Chief
H:\PJanning \StaffReports\2005 \09202005 Egress Text Amd to Code.doe
Memo
To: Mayor, Council and City Manager
From: John Malenick, Fire Chief
Date: September 9, 2005
Re: Egress Windows
I have been asked by the Assistant City Manager to respond to the issue of egress windows
as a life saving device.
When properly placed and maintained, egress windows are, without a doubt, a valuable tool
in the protection of human life. They are currently required in all new construction of all
below grade dwellings and are required in any major renovation projects of below grade
dwellings. Without egress windows, a single stairway is often the only means of entering and
exiting. the basement of many St. Anthony homes (one way in, one way out). This is a very
potentially dangerous situation not only for the occupants put also for any emergency
personnel required to mitigate a below grade problem. Should the sole means of egress
become impassible due to fire or structural failure, there would be no other escape and time
would become critical to life.
Because of this, placement of an egress window is of great concerri. To place the egress
window in close proximity to the stairway would be impractical in the event a single small fire
could block both means of escape. Ideally, the egress window would facilitate the most
heavily used room in the basement and be remote from the stairway. They are also required
in any below grade bedroom.
It is my recommendation that the placement of an egress window be reviewed during the
building permitting process by not only our building code official but also our Fire Marshall.
Respectfully submitted,
T'
John Malenick
Fire Chief
• Page 1
St Anthony Fire
Department
Memo
To: Mayor, Council and City Manager
From: John Malenick, Fire Chief
Date: September 9, 2005
Re: Egress Windows
I have been asked by the Assistant City Manager to respond to the issue of egress windows
as a life saving device.
When properly placed and maintained, egress windows are, without a doubt, a valuable tool
in the protection of human life. They are currently required in all new construction of all
below grade dwellings and are required in any major renovation projects of below grade
dwellings. Without egress windows, a single stairway is often the only means of entering and
exiting. the basement of many St. Anthony homes (one way in, one way out). This is a very
potentially dangerous situation not only for the occupants put also for any emergency
personnel required to mitigate a below grade problem. Should the sole means of egress
become impassible due to fire or structural failure, there would be no other escape and time
would become critical to life.
Because of this, placement of an egress window is of great concerri. To place the egress
window in close proximity to the stairway would be impractical in the event a single small fire
could block both means of escape. Ideally, the egress window would facilitate the most
heavily used room in the basement and be remote from the stairway. They are also required
in any below grade bedroom.
It is my recommendation that the placement of an egress window be reviewed during the
building permitting process by not only our building code official but also our Fire Marshall.
Respectfully submitted,
T'
John Malenick
Fire Chief
• Page 1
Memorandum
Date: September 16
To: Kim Moore -Sykes
From: Greg Schmit
Subject: Basement egress window area well setbacks
I have not been considering the area well as an encroachment into the side yard setback
areas for the following reasons.
• Egress windows, of a specific minimum size, are a life -safety requirement of the
building code, when finishing habitable space in a basement. When these
windows are below finished grade, they require a specific minimum size area well
in order to provide for occupant egress and firefighter ingress. It is generally
accepted in code administration that a specific life- safety code requirement should
take precedence over a general zoning code requirement. Zoning setback
requirements are generally not based on life -safety issues.
• Structures are prohibited in the setback areas, however retaining walls are
specifically exempted from the definition of structures. Reference St. Anthony
Zoning Ord. 1605.01, Subd.72. I feel that an area well more closely matches the
definition of a retaining wall than that of a structure.
• 1605.01 Subd. 17 states that setback distances are measured to "the building," not
to the overhangs, projections, etc. I don't consider the area well as being" the
building. "
• 1605.01 Subd. 84 states that measurement is to the "principal building."
• There is an extensive list of allowable encroachments into yards in section
1650.03, paragraphs (a) thru (h). I don't believe that when this ordinance was
authored, area wells of this size, (3'x 3' minimurn), were in common use, or even
contemplated. If they had been, presumably they would have been included as an
exception.
• It is feeling of the code community that providing for the safety of the building's
occupants is the primary consideration. People will continue to finish, and
inhabit, basements. I would rather have them do this work with a valid building
permit, and a compliant egress window, than have them avoid the permitting
process due to overly restrictive zoning requirements.
Uity of Hopkins - inspections • 13ullctmg inspections • winnows I l;gress winnows r ago I U1
guildnS lnspe ons - Windom - Egress Winciaws
What is an egress window?
General Information
An egress window is a window that is Installing A Basement Egress Window
Building Inspections
required in specific locations in a dwelling
Complaints
and is intended to provide an emergency
Construction Debris,
means of exiting a dwelling. Egress windows are only required in dwellings. Windows
Dumpsters & Storage
must meet specific size requirements to qualify as an egress window.
Electrical
Environmental Health
Where are egress windows required?
Fire Inspections
Egress windows are required in every room used for sleeping purposes (bedrooms) on
Mechanical
any floor and in basements with habitable space If you are constructing a newhome,
the code requires that you put an egress window in each bedroom. It also requires an
Plumbing
egress window in the basement if habitable rooms will be finished in the basement. If
Recommending
you install a basement bedroom or bedrooms, an egress window is required in each
Contractors
bedroom but you need not provide another egress window, if there are other habitable
Requesting An Inspection
rooms in the basement. The bedroom window(s) suffices for the habitable rooms.
Resources & Links
If you have an existing home and you add a sleeping room in an unfinished basement,
Timeline for Permit
Applications
the code requires that you install an egress window in the sleeping room or rooms.
Utility
Likewise, if you create habitable space in your basement other than a bedroom and you
currently do not have an egress window, the code would require thatyou install one as
part of the installation of the habitable room.
How To Apply For
Permits & Build
What are the size requirements for an egress window?
Basements
An egress window must satisfy four International Residential Code (IRC) criteria:
Decks
• Minimum width of opening: 20 in.
Foundations
• Minimum height of opening: 24 in.
Garages
Minimum net clear opening: 5.7. sq: R (5.0 sq. ft. for ground floor).
Roofing
• Maximum sill height above floor. 44 in.
Stairs & Guardrails
Windows
The window must have a minimum net clear opening of 5.7 sq. ft. Net clear opening
[more]
refers to the actual free and clear space that exists when the window is open. It is not
the rough opening size or the glass panel sze, but the actual opening a person can
Building Materials
crawl through.
Common Building Material
The window opening must be operational from the inside without keys or tools. Bars,
Characteristics
grilles and grates prey be installed over windows but must be operational without tools
Fireblocking &
or keys and still allowthe minimum clear opening.
Draftstopping
'
Gypsum Wallboard
Do the math � � .
[more]
w
At first glance, you might assume that a20 -in, by 24-in. ndowwould be acceptable for
egress. However, those dimensions would yield a net clear opening of only 3.3 sq. ft. To
Truth -In- Housing
achieve the required net clear opening of 5.7 sq. ft.,.a 20 -in. wide window would have to
be 42 in. high. Likewise, a 24-in. high window would have to be 34 in. wide.
Before You Buy Or Sell .
Contractor License
Finding a Licensed
Evaluator
Most Common
Repair /Replace Items
Property Maintenance
Rental License
.
Rental Properties
Smoke Detectors
I— ._.ii ------- t_�t.:_.._,.,.. .,,,„, /: «�..o..+:nn c/hiii l( lino/ �hnnrinwclP .P7P.RSW7T1C10WS.)'lltin) 7/20/2005
City of Hopkins • Inspections • Building Inspections • Windows I Egress Windows Page 2 of 5
t%PY.3'ih:GJ'.$+ 0 Download Acrobat
Reader_ .
Nearly all window manufacturers speciy which of their windows meet national egress
requirements right in their catalogs and list the net free opening of their windows. This
should take the guesswork out of selecting a window for you addition or remodeling
project Also, the sales person who sells you the window should be able to help you
select a code compliant window provided that they know you need an egress window.
Must i use a special type of window?
A wide variety of window designs can be used for egress
windows. You should select a window design that meets
your architectural, aesthetic, space, and financial limitations.
Casement windows
with hinged sashes that
swing free and clear of
the opening can be
relatively small and still
meet egress
requirements. This
makes them ideal for
basement egress and for other areas where spare
is limited.
Some manufacturers can install a special operator
arm that allows the window to open wider than the
standard operating arm to meet egress
requirements. Others have an operator arm that can be pushed to open the window
wider in an emergency. These meet egress requirements as long as you leave the
"PUSH HERE" label in place.
Glider or slider windows have sashes that fill nearly
half the possible window opening. They require a
window nearly twice the size of a casement window.
Even when it's fully open, more than half of a double.
hung windows overall area is blocked by glass.
This means that to meet egress window height
requirements, a window must be nearly 4 ft. 9 in. in
City otHoptcins • inspections • nuumng inspections • winuows 1 ngroa5 vv tuuwa H6
overall height.
This height requirement makes it undesirable for most basement egress situations.
Awning windows are problerpatic. Since the
opened sash prevents escape from most window
wells, they're unsuitable for basement egress.
And with most awning windows, the center
opening hardware and height don't meet egress
requirements. Some manufacturers offer models
with special detachable operators that meet
egress requirements.
Why don't my windows meet egress
requirements?
Some older homes were built before there were
any egress window requirements. Many more homes were built when the egress
window net free opening size was 5 sq. ft. Yet even newer homes often lack proper
egress Windows. Attics and basements were often legally remodeled into family rooms
or offices (which didn't require egress Windows) then later converted into bedrooms
(which now do require them). When bedrooms are added to basements without the
knowledge of inspectors
and without the requisite
egress window, they
create a dangerous
underground tretrap.
During remodeling,
homeowners often
unwittingly replace large
egress windows with
smaller, non - egress
windows. And while the
code will require egress
windows be installed when
bedrooms are added on,
they won't necessarily
dictate that windows in
existing bedrooms be
enlarged to egress size;
its simply too difficult to
monitor every situation.
Required or not, egress
Windows are crucial
lifesaving equipment. If a
room has even the remote
possibility of later
becoming a bedroom,
include an egress size window.
Basement Egress Windows
wawa
Basement egress windows present an added
challenge. Besides the height, vvidfh and
overall square - footage requirements that the
Window must meet, there are certain
requirements for the windowwell surrounding
the window.
Window wells must:r'
• Allow the rescue window opening to be fully
opened.
P
• Provide 9 sq, ft. of "Floor area," with a
x
minimum dimension of 36 in. in width and in
sxafrsw
.
length.
t toS&A
m
• Contain a permanently affixed ladder or
°.'•;
steps for climbing out if the window well
depth exceeds 44 inches in depth. The
ladder must be at least 12 in. wide and
project
no less than 3 in. from the window
M11. te +�.
well.
It can't be obstruciad by the open
- it
window or encroach on the required
„,.:„ „1; c Prr nnc.M,,;t ii7o /w nd�ws /eeresswindow °s.htuil 7/20/2005
City of Hopkins •'Inspections • Building Inspections • Windows I Egress Windows Page 5 of 5
am
w=
R. p
Replacement Windows
If you're replacing a smaller window with a larger one that meets egress requirements,
bear in mind that enlarging the height of the opening takes less structural work than
enlarging thewidth. Increasing width might mean installing a larger, beefier horizontal
structural header oier the window opening - a major project. Increasing height is often
only a matter of lowering the height of the sill belowthe window.
If you are replacing windows in your home, there are some circumstances whereby you
may needto comply with the requirements for egress windows. Please contact the
Inspections Office or pick up the handout on replacement windows to determine if these
rules will apply to your project.
For more information, contact Debbie Sperling at 952- 548 -6320
City of Hopkins • Inspections • Building Inspections • W1n(LOWS I tsgress wiuuvw6 = ago - vi
window well dimensions by more than 6 in.
Windowwells may be made of rust resistant metal, treated wood, wood naturally
resistant to decay, concrete, masonry, or plastic. Some windowwell designs have steps
built or molded into them.
If an egress window is located under a deck or porch; the code requires at least 48
inches between the top of the window well and the bottom of the deck or porch joists.
Window Well Designs
Window wells come in many designs. Following are examples of different designs.
Some include ladders. Covers are permitted and shown in the last illustration.
.. R _.. -I- _ - - _--- r._.._- - hfml 7/20/2005
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City of Blaine
Building Inspection Department Policy Guide
Category: V: Land use zoning issues Date: 6/05/03
Code /Ordinance Section: 33:12 Policy Guide: Staff
Subject: Egress window well encroachments into side yard setbacks.
Background:
There have been occasions, due to construction or design constraints; it has been necessary to
locate basement egress windows on the side yard wall side of homes. This in turn requires the
adjacent window well for the egress window to possibly encroach into a required side yard
setback. The question arises is this allowed.
Policy:
Window wells are required by the State Building Code as an egress avenue.. They are
typically an at grade construction. They are not required to have guardrails above grade.
Due to the inherent safety concerns involved the City of Blaine will allow egress window
wells in side yard setbacks that comply with the following conditions:
1. They meet all the requirements of the MN State Building Code.
2. The clear width opening does not project more than 3'6" from the main structure
into the side yard setback
Duration: Review in _3 years o£ indefinite
Building Official. Approval
TOTAL P.02
lit,
COMMUNITY DEVELOPMENT DEPARTMENT
2660 Civic Centex Drive Roseville, MN 55113
INSPECTION SCHEDULING 651- 792 -7080 GENERAL INFORMATION 651- 792 -7084
FAX 651- 792 -7070
INFORMATION-REQUIRED WITHEGRESS WINDOWS
Basements in dwelling units and every sleeping room below the fourth story shall have at least one
operable window or door approved for emergency escape or rescue which shall open directly into a
public street, public alley, yard or exit court. The emergency door or window shall be operable from
the inside to provide a full, clear opening without the use of separate tools.
GENERAL BUILDING CODE REOUII2EMENTS:
Escape or rescue windows shall have a minimum net clear operable area of 5.7 square feet. The
minimum net clear openable height dimension shall be 24 inches. The minimum net clear
openable width dimension shall be 20 inches.
2. When windows are provided as a means of escape or rescue, they shall have a finished sill height
not more than 44 inches above the floor.
Escape and rescue windows with a finished sill height below the adjacent ground elevation shall
have a window well. Window wells at escape or rescue windows shall comply with the
following:
A. The clear horizontal dimensions shall allow the window to be fully opened and provide a
minimum accessible net clear opening of 9 square feet, with a minimum dimension of 36
inches.
B. Window wells with a vertical depth of more than 44 inches shall be equipped with an
approved permanently affixed ladder or stairs that ate accessible with the window in the fully
open position. The ladder or stair shall not encroach into the required dimensions of the
window well by more than 6 inches.
4. Bars, grilles, grates or similar devices may be installed on emergency escape or rescue windows,
doors or window wells, provided:
A. The devices are equipped with approved release mechanisms which are openable from the
inside without the use of a key or special knowledge or effort.
B. The building is equipped with smoke detectors installed in accordance with Section 310.9.
*Attached are examples of drawings which may assist you. They are intended as a guide only.
24 HOUR NOTICE IS RECOWIENDED FOR ALL INSPECTIONS!1
��vin,. u�ca�n� .m�reu�soeo�u�z�<„vr�eow.a�
T
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,W MA's €U. 11
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Page 1 of 1
Kim Moore -Sykes
From: Mike Delmontllexingtommn@comcast.net]
Sent: Tuesday, July 26, 2005 9:16 AM
To: kmoore @ci.saint- anthony.mn.us
Subject: encroachments
How's this ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ??
Subd. 17. Permitted Encroachments - Yards. For the purpose of this Chapter, the following shall
be considered as permitted e- moachments within the yards indicated:
A. In any yard: Overhanging roof eaves, open terraces, marquees, flues, sills, lintels,
pilasters, cornices, gutters, open canopies, and awnings attached to the principal building, not to exceed
twenty -five percent (25 %) of the depth of the front or rear yards or twenty -five percent (25 %) of the
width of the side yards. Chimneys, flag poles, ornamental features, sidewalks, fences, landscaping,
posts, or other similar amenities are permitted encroachments that are not restricted by area, placement,
and land use intensity.
B. Yard lights and name plate signs in residential districts, provided such lights and
signs are three (3) feet or more from all lot lines. Lights for illuminated parking and loading areas or
yards for safety and security purposes may be provided where necessary, provided that the glare is not
visible from public rights -of -way or adjacent residential property.
C. In front yards, balconies may extend a distance of four (4) feet or less, provided
they are seven (7) feet or more above the grade at the building line. Patios or decks may extend a
distance of eight (8) feet or less. Enclosed entryway not to exceed 64 square feet.
D. In rear yards, balconies, breezeways, detached picnic shelters, swimming pools,
recreational equipment, landscaping, driveways, steps, stoops, uncovered porches, patios, picnic tables,
open arbors, trellises, laundry drying equipment, detached outdoor living room and outdoor eating
facilities, provided they are not less than five (5) feet from any lot line.
E. Encroachments in any yard that abut a public or private street, shall be considered
as permitted encroachments, as outlined above, except that no encroachment shall be permitted within
present or proposed street right -of -way lines.
F. On comer lots, in any district, encroachments are not permitted in excess of thirty
(3 0) inches above the curb line in a triangular area defined as follows: "Beginning at the intersection of
the projected curb line of two intersecting streets, thence thirty (3Q) feet from the point of beginning on
the other curb line, thence to the point of beginning."
Subd. 18. Home Occupations.
7ioAionna
Bloomington city c;oae unapter iy page
11 Preface 11. Charter III. Code I SEARCH 11 <Back J Forward> II
Part II. Code
Chapter 19. ZONING
Section 19.08. PERMITTED ENCROACIEVIENTS INTO REQUIRED
YARDS AND SETBACK AREAS.
(a) General. Except where otherwise regulated by this Code and as established below, all
buildings, site features, and equipment shall maintain the setback requirements established
for the zoning district in which they are located.
(b) Except as prohibited by Chapter 17, Division E of this Code, the site features and equipment
listed below shall be permitted to locate in yards and to encroach into required zoning
district setbacks to the extent specified in this Section, but in all cases shall maintain the
minimum setback indicated.
(1) Yards. The established yards of the zoning code and any primary Zoning District. For
the purposes of this Section, the terms "front yard ", "side yard" and "rear yard" shall
have the same meanings as defined in Section 19.03, except that any yard adjacent
to a public street shall in all cases be considered a "front" yard for setback purposes
unless otherwise specified.
(2) Setbacks from Public Streets. All setbacks from public streets or proposed public
streets shall be measured from the planned widened rights -of -way in accordance with
the Master Street Plan of the City. References to a "front property line" is assumed to
denote the planned widened rights -of -way in accordance with the Master Street Plan
of the City.
(3) Required Setback. Except where otherwise noted, references to "required setback"
means the minimum setback required for the principal building in the applicable
zoning district.
(c) In all zoning districts:
(1) Utility poles and wires, water, gas and other public utility appurtenances are permitted
at any location in a front,.side or rear yard with no minimum setback from any
property line.
(2) Retaining walls up to four feet in height are permitted at any location in a front yard
provided that a front setback of not less than ten feet shall be maintained and at any
location in a side or rear yard with no minimum setback from any property line. There
shall be no encroachment into public easements of record without the written
approval of the Issuing Authority.
(3) Steps, stoops and exterior landings are permitted in a front, side or rear' yard providing
that front, side and rear setbacks of not less than five feet shall be maintained. There
shall be no encroachment into public easements of record without the written
approval of the Issuing Authority.
(4) Private sidewalks are permitted in a front yard without a minimum front setback
provided that a side setback of not less than five feet shall be maintained, and a side
or rear yard providing that side or rear setbacks of not less than five feet shall be
maintained. Private sidewalks shall not encroach into public easements of record
without the written approval of the Issuing Authority.
(5) Overhanging eaves may encroach up to three feet into a required front, side or rear
setback. Where a required setback to a property line is reduced to less than three
I. -.- .i0.- _- . - -...: 7..7..,.«..: «..+..« —, ..c /rnAa /('nAPI9 1 hfi711 7/20/2005
Bloomington City. Code Chapter 19 page 3
feet by reason of a variance or other approval granted by the City, the allowed eave
encroachment shall in no event cross the property line. An overhanging eave may
encroach up to six feet into a required front or rear setback when placed over steps,
stoops or an exterior landing providing that the encroachment shall not exceed eight
feet in width along the wall plane. There shall be no encroachment into public
easements of record without the written approval of the Issuing Authority.
(6) Underground garages, in accordance with Section 19.64(k)(1), may encroach into any
required front, side or rear setback, provided that a front setback of not less than 15
feet and side and rear setbacks of not less than five feet shall be maintained. There
shall be no encroachment into public easements of record without the written
approval of the Issuing Authority.
(7) Antennas and supporting structures, including satellite receiving antennas greater
than one (1) meter in diameter in residential districts and greater than two (2) meters
in diameter in nonresidential districts, shall not be located within a front yard and shall
be located only to the side or rear of the principal structure where side and rear
setbacks of no less than ten feet shall be maintained. All antennas and supporting
structures, including satellite receiving antennas, shall meet the applicable
requirements of Sections 15 :14, 19.47 and 19.63.05 of the City Code. There shall be
no encroachment into public easements of record without the written approval of the
Issuing Authority.
(8) Ramps and other devices for access to buildings and sites by disabled persons in
compliance with the American Disabilities Act may encroach into any required front,
side or rear setback, provided that a front setback of not less than 20 feet and side
and rear setbacks of not less than two feet shall be maintained. There shall be no
encroachment into public easements of record without the written approval of the
Issuing Authority.
(d) In residential zoning districts (R -1A, R -1, RS -1, R -4, RM -12, RM -24 and RM -50):
(1) Patios and terraces may encroach ten feet into a required front setback, five feet into
a required side setback and 20 feet into a required rear setback, provided that a front
setback of not less than 20 feet, a side setback of not less than five feet and a rear
setback of not less than ten feet shall be maintained. There shall be no
encroachment into public easements of record without the written approval of the
Issuing Authority.
(2) Open decks and balconies not greater than five feet above grade at any point may
encroach ten feet into a required front setback, five feet into a required side setback
and 20 feet into a required rear setback, provided that a front setback of not less than
20 feet, a side setback of not less than five feet and a rear setback of not less than
ten feet shall be maintained. There shall be no encroachment into public easements
of record without the written approval of the Issuing Authority.
(3) Open decks and balconies greater than five feet in height above grade at any point
may encroach five feet into a required front setback and ten feet into a required rear
setback, provided that a front setback of not less than 25 feet, a rear setback of not
less than 20 feet and a side setback of not less than ten feet shall be maintained.
Such features are permitted in a side yard provided that a side setback of no less
than ten feet shall be maintained. There shall be no encroachment into public
easements of record without the written approval of the Issuing Authority.
(4) Chimneys may encroach three feet into a required front, side or rear setback,
provided that front and rear setbacks of not less than 27 feet and a side setback of
not less than seven feet shall be maintained. Chimneys shall not encroach into public
easements of record without the written approval of the Issuing Authority.
(5) Awnings may encroach three feet into a required front, side or rear setback, provided
that front and rear setbacks of not less than 27 feet and a side setback of not less
than seven feet shall be maintained. An awning may encroach up to six feet into a
required front or rear setback and up to five feet into a required side setback when
placed over steps, stoops or an exterior landing, provided that the encroachment
shall not exceed eight feet in width along the wall plane and that front and rear
setbacks of not less than 24 feet and a side setback of not less than five feet shall be
Page 2 of 9
13ioo=gton Litt' uoae unapter i Y page j
maintained. Awnings: shall not encroach into public easements of record without the written
approval of the Issuing Authority.
(6) Clothes lines and laundry drying equipment are not permitted within the front yard and .
shall be located only in side and rear yards where side and rear setbacks of not less
than five feet shall be maintained. In instances where the side or rear yard abuts a
public street, the required setback shall be no less than the required setback for a
principal building in the zoning district. These features shall not encroach into public
easements of record without the written approval of the Issuing Authority. '
(7) Arbors and trellises may encroach ten feet into a required front setback, five feet into
a required side setback and 20 feet into a required rear setback, provided that a front
setback of not less than 20 feet; a side setback of not less than five feet and a rear
setback of not less than ten feet shall be maintained. A setback of not less than 20
feet shall be maintained from any public street. These features shall not encroach
into public easements of record without the written approval of the Issuing. Authority.
(8) Permanently installed outdoor fireplaces and barbecues are not permitted within the
front yard and shall be located only in side and rear yards. Such features shall not
encroach into the required side setbacks and may encroach up to 15 feet into the
required rear setback provided that a rear setback of not less than 15 feet shall be
maintained. In instances where the side or rear yard abuts a public street, a setback
of not less than the required front setback shall be maintained. Such features shall
not encroach into public easements of record without the written approval of the
Issuing Authority.
(9) Basketball backboards, rims, and support structures may encroach 15 feet into
required front and rear setbacks and five feet into a required side setback in the front
yard, provided that front and rear setbacks of not less than 15 feet and a side setback
in the front yard of not less than five feet shall be maintained. In side and rear yards,
side setbacks of not less than 15 feet shall be maintained. Such features may
encroach on public easements of record with the written approval. of the Issuing
Authority.
(10) Other recreational equipment and play apparatus over four feet in height are not
permitted within the front yard. Such features are permitted in side and rear yards
provided that side and rear setbacks of not less than 15 feet shall be maintained,
including those instances where the side or rear yard abuts a public street. Such
features may encroach on public easements of record with the written approval of the
Issuing Authority.
(11) Air conditioning equipment may encroach five feet into any required front, side and
rear setback, provided that front and rear setbacks of not less than 25 feet and side
setbacks of not less than five feet shall be maintained. Air conditioning equipment
shall not encroach into public easements of record without written approval of the
Issuing Authority.
(12) Bay and bow windows may encroach two feet into any required front, side and rear
setback, provided that front and rear setbacks of not less than 28 feet and a side
setback of not less than eight feet shall be maintained. Such features shall not
encroach into public easements of record without written approval of the Issuing
Authority.
(13) Entry vestibules less than eight feet in width may encroach six feet into any required
front and rear setback, provided that front and rear setbacks of not less than 24 feet
shall be maintained. No encroachment shall be allowed into a required side setback.
Such features shall not encroach into public easements of record.
(e) In nonresidential zoning districts:
(1) Telephone booths are permitted in any front; side or rear yard, provided that a front
setback of not less than 15 feet, a side setback of not less than five feet and a rear
setback of not less than that required for the principal building in the zoning district
shall be maintained. Telephone booths shall not encroach into public easements of
record without written approval of the Issuing Authority.
(2) Newspaper boxes are permitted in the front, side and rear yards when the property is
occupied by a principal building, provided that a front setback of not less than 15 feet
--0- - --
wr ;„ + „� /nnAa. /fin 1P19 3.htrnl 7/28/2005
Building Codes.and
Standards Division
.408 Metro Square Building
121 East 7th Place'
St. Paul, MN 55101 -2181 .
651.296.4639
TTY: 800.627.3529
Fax: 651.297.1973
codes.
ac80.G101210-04
f6m 5� 4, IBU of d
Thousands of fires occur in residences
each year. Many of these fires occur at
night when the occupants are asleep.
Severe injuries or death can be the
result of these fires if the occupants
are asleep and unaware the fire is in
progress.,Death usually results from
asphyxiation long before the fire reaches
the occupants.
In order to prevent the tragic loss of
life the Minnesota State Building Code
requires smoke alarm to be installed in .
dwellings to alert the occupants of a fire.
The code also requires that sleeping
rooms and habitable space in basement
dwelling units have windows or doors,'
which may be used for emergency
escape or rescue If the fire has blocked
the normal, escape routes in the home.
Basements pose a special danger since
they usually have only one stairway to
act as a means of escape. This stairway
can be easily.blocked by fire making
escape from the basement impossible.
For this reason the Minnesota Building
Code requires that if a'portion of the
basement is habitable space, at least
one emergency egress window or door is
provided,
The size of windows and doors required
In the code are based on extensive
research to determine the proper
relationships of height and width of
window openings to adequately serve for
both rescue and escape.
People come in all sizes and windows .
come in all shapes. Afireman attempting
a rescue will likely be wearing full
rescue gear, which may include a breathing
apparatus. .
The size determined as a minimum for
escape and rescue is 5.7 square feet of
clear openable area or 5.0 square feet for
grade floor openings (see Code for detailed
informaton). Since windows come all
shapes, a minimum width dimension was
needed to accommodate tati.•window shapes
and a minimum height dimension for wide
window shapes. Studies have determined the
minimum net clear.width needed is 20 inches,
These dimensions are part of the code
requirements and assure the window or door
will provide for a safe exit or rescue.
Emergency escape windows and doors must
be located on the exterior of the building and
open directly to a.yard, street or alley so that
the occupants may escape or be rescued
directly from the room to the outside without
having to travel through the building itself.
In a fire, time is critical to survival. You may
not have time to instruct family members
and guests on the proper window operation
or to perform complex operations to get the
window open. The code requires windows
and doors used for emergency escape of
rescue to be readily openable without any
special knowledge or effort. The intent is that
windows be of the common double -hung,
horizontal sliding or casement type. Your local
building Inspector will need to be consulted
to assist you in evaluating special types of
windows.
Special windows need to be evaluated based
on the difficulty and knowledge needed for
operating or removing the windows.
ESCAPE conned
Window wells. Window wells required for emergency
escape and rescue shall have horizontal dimensions
that allow the door or window of the emergency escape
and rescue openings to be fully opened. The horizontal
dimensions of the window well shall provide a minimum
net clear area of 9 square feet (0.84m2) with a minimum
horizontal. projection and width of 36 inches (914 mm).
Exception: The ladder or steps required by Section
R310.2.1 shall be permitted. to encroach a maximum of
6 inches (152 mm) into the required dimensions of the
window well.
Bulkhead enclosures. Bulkhead enclosures shall provide
direct access to the basement. The bulkhead enclosure'
with the door panels in the fully open position shall provide
the minimum net clear opening required by Section
R310.1.1. Bulkhead enclosures shall also comply with
Section R314.9. Bars, grills, covers, screens, or similar
devices are permitted to be placed over emergency
escape,and rescue openings, bulkhead enclosures, or
window wells that serve such openings, provided the
minimum net clear opening size complies with Sections
R310.1.1 to R310.1.3, and such devices shall be
releaseable or removable from the inside without the use
of a key, tool or force greater than that which is required
for normal operation of the escape and rescue opening.
Ladder and steps. Window wells with a vertical depth
greater than 44 inches (1118 mm) below the adjacent
ground level shall be equipped with a permanently affixed
ladder or steps usable with the window in the fully open
position. Ladders or steps required by this section shall
not be required to comply with Section R314 and R315.
Ladders or rungs shall have an inside width of at least 12
inches (305 mm), shall project at least 3 inches (76 mm)
from the wall and shall be spaced not more than 18 inches
(457 mm) on center vertically for the full height of the
window well.
Guard. Although the code does NOT specify requirements
for guard around window wells to keep persons from
falling into them, falls can and do occur. Because of the
variations in size, location, and depth of window wells and
since a guard could present an impediment to escape
or rescue, the code is silent. The potential for falls into a
window well should be evaluated by the homeowner and .
suitable guards or visual barriers provide based on the
location, depth and size of the well. Barriers, guards or
covers installed to prevent falls must be placed in such
away that does not impede use of the window well for
escape and rescue. If covers are used, the effects of snow
on the abifity to open or remove them in an emergency
must also be evaluated.
The ever - increasing concern for security, particularly in
residential buildings has created a fairly large demand for
security devices such as grilles, bars and steel shutters.
Unless properly designed and constructed, these security.
devices over emergency windows can completely defeat
the purpose of the emergency escape and rescue window.
The code makes provisions for use of security devices, .
provided the release mechanism has been approved by the
building official and it is operable from the.inside. without the
use of a key or special knowledge.
Fire deaths have been attributed to the inability of the
individual to escape from the building because the security
bars prevented emergency escape. Security devices sFiouid
only be installed.where absolutely necessary and only with a
permit after an evaluation by your local building and fire official:
BCSO- GIO1210.04 3
MEMORANDUM
DATE: September 14, 2005
TO: Mike Morrison, City Manager
FROM: John Ohl, Captain
SUBJECT: FEES FOR PROVIDING COPIES OF PUBLIC GOVERNMENT
DATA
Effective August 1, 2005, the state legislature has specifically defined how municipalities
can determine fees charged for providing copies of public government data. Two
methods are described:
1. 100 or less pages - 25 cents per page
2. Actual Costs of searching for, retrieving, making, certifying, and
compiling the records. NOTE: These costs can not include depreciation/
maintenance /electricity /etc of the copy machine itself, or costs associated
with returning reports back to the file. In addition, the actual cost has to
be calculated by using the lowest paid employee able to complete the task.
Additional changes in the law require municipalities to charge individuals who are the
subject the data requested, only the value of the paper and copying costs themselves. We
cannot charge the actual costs associated with making copies for the subject of the data.
Based on the new fee structure defined in chapter 13, I am going to institute the following
for our department:
➢ Subject of the data being requested —no cost
➢ Any party requesting copies that are less than four pages — no cost
➢ Anyone other than the subject of the data requesting four or more pages - .25 per
page
➢ Anyone other than the subject of the data requesting more than 100 pages —
actual costs per data practices chapter 13
In addition, we will no longer fax any documents and we will not mail any documents
without a self address stamped envelope.
In checking with Roger, I am told that we bring in approximately $1200 -$1400 per year
based on the sale of records. This figure will now be closer to $250 per year based on the
fee structure defined by the new law.
The St. Anthony Ordinance on costs associated with reproducing public data should be
reflective of Chapter 13. Our ordinance could simply state that costs associated with
reproducing public government data will be defined by the Minnesota Data Practices Act
Chapter 13.
Fees For Providing Copies of Public Government Data
Effective August 1, 2005
This document is intended to guide government entities in determining an appropriate fee for providing
copies of public government data when the requester is not the subject of the data and the copy fee is
not established specifically by statute.
Minnesota Statutes, section 13.03 provides that, if a person requests copies or electronic transmittal of
public government data, and the requester is not the subject of the data, the responsible authority for
the government entity may require the requester to pay a fee. Amendments to section 13.03 in 2005
require entities to calculate any fee that is charged by using one of the two methods below. (Minnesota
Session Laws 2005, Chapter 163, section 8, effective August 1, 2005.) Regardless of which method is
used, the entity may not charge for separating public data from not public data.
Fee Calculation Method I
If 100 or fewer pages of black and white letter or legal size paper copies are requested, the entity may
charge a per -page fee of not more than 25 cents for each page copied (50 cents for a two -sided copy).
The entity is authorized to charge only the per -page fee and cannot require the requester to pay any of
the costs listed in Fee Calculation Method II. This provision should not be interpreted to permit
division of a single request into requests for copies of fewer than 100 pages in order to avoid charging
a fee based on the actual costs of providing copies.
Fee Calculation Method II
In all other circumstances, including requests to provide data via facsimile, the entity may require the
requester to pay the actual costs of searching for and retrieving the data, including the cost of
employee time, and for making, certifying, compiling and electronically transmitting copies of the data
or the data themselves. Additional criteria for determining copy costs using Method II are set forth at
Minnesota Rules, part 1205.0300, subpart 4. The entity may not charge a minimum fee.
Certain advisory opinions, issued pursuant to Minnesota Statutes, section 13.072, have established the
following criteria for determining copy costs using Method II. (See the opinion index on IPAD's
website; specifically, the topical index category, Copy costs.)
A. Costs that may be included as long as they are reasonable:
♦ Staff time required to:
Retrieve documents
Sort and label documents, only if necessary to identify the data to be copied
Remove staples or paper clips
Take documents to copier for copying
Copy documents
Notes: The entity may not assess a fee for labor costs (wages /salary plus benefits) that exceed those
of the lowest -paid employee who could complete the task(s) performed. The requirement that data
be kept in a manner that makes them easily accessible for convenient use may limit the entity in
charging for staff time.
♦ Materials (paper, copier ink, staples, magnetic tapes, video or audio cassettes, etc.)
♦ Special costs associated with making copies from computerized data, such as writing or
Fees for Providing Copies of Public Government Data
Page 2
modifying a computer program to format data. Note: Computerized data must be kept in a manner
that makes the data easily accessible for convenient use.
♦ Mailing costs
♦ Vehicle costs directly involved in transporting data to the appropriate facility when necessary to
provide copies (for example, when the entity is unable to provide copying services for photographs,
oversized documents, videos, etc.)
♦ Electricity costs when the requester uses own scanner to make an unusually large number of copies
B. Costs that may not be included:
♦ Purchase or rental of copier
♦ Maintenance of copier
♦ Normal operating expenses of computer /copier, including electricity used, and machine wear/tear
♦ Depreciation of copier
♦ Staff time required to:
Separate public from not public data
Open a data request that was mailed
Sort, label or review data, if not necessary to identify the data to be copied
Return documents to storage
Provide information about the data to the requester (i.e., explain content and meaning of data)
Prepare data for mailing
Prepare cover letter, fax sheet or invoice for copies
Credit payment and perform other associated accounting functions
Note: The entity may not assess a fee for labor costs (wages /salary plus benefits) that exceed
those of the lowest -paid employee who could complete the task(s) performed
♦ Administrative costs that are not related to copying
♦ Records storage
♦ Sales tax
♦ The entire cost of operating a multi -tasked computer for a measured unit of time, when fulfilling a
request for copies was only one of the tasks performed during that unit of time
♦ Costs incurred because data are not maintained in a manner that makes them easily accessible for
convenient use
♦ Search and retrieval costs when data are inspected but no copies are requested
Information Policy Analysis Division, Department of Administration
201 Administration Building, 50 Sherburne Avenue
St. Paul, Minnesota 55155
Voice: 651.296.6733 or 1.800.657.3721 Fax: 651.205.4219
w .ipad.state.mn.us
July 2005
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MEMORANDUM
DATE: September 15, 2005
TO: City Council
FROM: Mike Morrison, City Manager
Roger Larson, Finance Director
ITEM: PARK DEDICATION FEES
Staff has conducted a review of the Park Dedication Fees that St. Anthony charges. For
Council review and consideration listed below is the results of the survey for 24 metro
communities. A summary is as follows:
St. Anthony: Single Family $750 Unit
Duplex $650 Unit
Townhouse Development $500 Unit
Mobile Home $500 Unit
Multi Family Apartment/Condo $350 Unit
Commercial None
Industrial None
Average per unit for 24 Metro Communities:
Single Family $2,400 Unit
Duplex $2,300 Unit
Townhouse Development $2,200 Unit
Mobile Home $ 800 Unit
Multi Family Apartment/Condo $2,100 Unit
Commercial $5,000 Acre
Industrial $3,850 Acre
When looking at the statistics St Anthony's nark dedication fees are the lowest in the
Metro area. The goal of our fee structure has been to keep our fees, charges and rates
competitive to what other cities charge. With that respect, it seems prudent that Council
consider increasing the established park dedication fees and implement a reasonable fee
for future commercial and industrial development.
Council does need to be aware that Minnesota Statutes requires that an increase in park
dedication fees must comply with the "Nexus Test." The requirement of the Statute
establishes that a municipality must reserve and use a reasonable portion of the fee for a
related public purpose such as parks, recreational facilities, streets, roads, sewer or storm
water improvements and cannot be excessive beyond the scope of the intended
improvements. The Statute also prevents cities from redirecting or transferring the funds
for other uses and the funds collected through dedicated fees must be used for their
intended purpose.
Based on St. Anthony's use of current park dedication fees the City is in compliance with
the Statute (100% of the monies are going to park and public improvements). However,
the current fee structure is much lower than the fair market or average fee charged
In addition, staff contacted Jerry Gilligan from Dorsey & Whitney. He indicated that
given the amount that the City has paid in park improvements, the costs necessary to
maintain those parks and our current fee structure the City can easily justify an increase
in fees.
Recommendation:
Council discusses and directs staff to amend ordinance Section 1500, Subsection 12 (Park
Dedication Fees). A proposed fee schedule is as follows:
Single Family $1,500 Unit
Duplex $1,300 Unit
Townhouse Development $1,000 Unit
Mobile Home $1,000 Unit
Multi Family Apartment/Condo $ 700 Unit
Commercial/Industrial $2,500 Per Acre
Park Dedication Fees:
St. Anthony
New
Elk River
Prior Lake
Wow
White Bear Lake
Single Family
$750.00
Unit
$1,500.00
Unit
$2,800.0
Unit
$3,750.00
Unit
$2,325.00
Unit $1,000.00 Unit
Duplex
$650.00
Unit
$750.0
Unit
$2,800.00
Unit
$3,750.00
Unit
$2,325.00
Unit $750.00 Unit
Townhouse Development
$500.00
Unit
$500.00
Unit
$2,800.00
Unit
$3,750.00
Unit
$2,325.00
Unit $750.00 Unit
Mobile Home
$500.00
Unit
N/A
Unit
WA
Unit
N/A
Unit
N/A
Unit N/A Unit
Multi Family ApadmenttCondo
$350.00
Unit
$500.00
Unit
$2,800.00
Unit
$6,400.00
Acre
$2,325.00
Unit $500.00 Unit
Commercial
Nona
Acre
$2,500.00
Acre
$6.900.90
Acre
$6,400.00
Acre
10%
Market Value $3,500.0 Am
Industrial
None
Acre
$2,500.00
Acre
$2,000.00
Acre
$6,400.00
Acre
10%
Market Value $3,500.00 Acre
St. Cloud
Shams
Rosemount
RaRse
Mound
Single Family
$1,196.00
Unit
$4,632.00
Unit
$3,000.00
Unit
$2,200.00
Unit
$1,100.00
Lot
Duplex
$792.00
Unit
$4,632.00
Unit
$3,000.00
Unit
$2,22.00
Unit
$1,100.2
LoVor 10 %of VeiueNvbichever Greater
Townhouse Development
$792.2
Unit
$3,860.00
Unit
$3,000.2
Unit
$2,20090
Unit
$1.100.00
Loyd, 10 %of ValueM ichever Greater
Mobile Home
N/A
Unit
N/A
Unit
N/A
Unit
$2,22.00
Unit
N/A
Unit
Multi Family AparmenVCondo
$792.00
Unit
$3,880.00
Unit
$3,000.00
Unit
$2,200.2
Unit
$1,100.00
Labor 10 %of Value Whichever Greater
Commercial
None
Acre
$6,2]7.00
Acre
$9,000.2
Acre
$4,356.2
Acre
$1,100.2
Lottor 10 %of Value/Whichever Greater
Industrial
None
Acre
$6,277.00
Acre
$5,000.2
Acre
$4,358.2
Acre
$1,100.00
LoVor 10 %of ValueNMtichever Greater
Lakeville
Ham Lake
New Brighton
Maple Grove
Coltaoe Grove
Blaine
Single Family
$3,665.00
Unit
52,100.90
Unit
51,52.2
Unit
$4,000.2
Unit
$3,02.00
Unit $2,057.00 Unit
Duplex
$3,22.2
Unit
$2,100.00
Unit
$1,500.00
Unit
$4,20.00
Unit
$3,02.2
Unit $2,057.00 Unit
Townhouse Development
$3,200.00
Unit
$2,12.00
Unit
$1,52.2
Unit
$4,009.00
Unit
$3,02.00
Unit $2,057.2 Unit
Mobile Home
N/A
Unit
N/A
Unit
N/A
Unit
N/A
Unit
N/A
Unit N/A Unit
Multi Family ApartmenUCondo
$3,200.00
Unit
$2,100.00
Unit
$1,52.2
Unit
$4,02.2
Unit
$3,02.00
Unit $2,057.2 Unit
Commercial
$5,940.2
Acre
None
Acre
None
Acre
$7,500.00
Acre
4% of Land Value
$6,050.00 Acre
Industrial
$3,520.00
Acre
None
Acre
None
Acre
$5,950.00
Acre
4% of Land Value
$4,114.2 Acre
Hopkins
Moundsview
St. Michael
Columbia Heights
Single Family
$1,000.00
Unit
10%
of Fair Market Land Value
$2.07500
Unit
10%
of Fair Market Land Value
Duplex
$800.2
Unit
10%
of Fair Market Land Value
$2,075.00
Unit
10%
of Fair Merkel Land Value
Townhouse Development
$82.2
Unit
10%
of Fair Market
Land Value
$2,075.2
Unit
10%
of Fair Market Land Value
Mobile Home
$82.2
Unit
N/A
Unit
N/A
Unit
WA
Unit
Multi Family Apartment/Condo
$800.2
Unit
10%
of Fair Market Land Value
$2.075.2
Unit
10%
of Fair Market Land Value
Commercial
4% of Land Value
10%
of Fair Market Land Value
$3,02.2
Acre
10%
of Fair Market Land Value
Industrial
4% of Land Value
10%
of Fair Markel Land Value
$2,20.2
Acre
10%
of Fair Market Land Value
Savage
Plymouth
Crystal
Albeilvllie
Centerville
Single Family
$4,632 OD
Unit
$3,400.00
Unit
$1 .02.00
Unit
$2,52.2
Unit
$3,02.2
Unitior 10% of Fair Market Value of All Property
Duplex
$4,832.00
Unit
$3,42.2
Unit
$1,000.00
Unit
$2,52.00
Unit
$3,000.00
Unitfor 10% of Fair Markel Value of All Property
Townhouse Development
$3,860.2
Unit
$3,400.2
Unit
$1,20.00
Unit
$2,20.2
Unit
$3,02.2
UniVor 10% of Fair Market Value of All Property
Mobile Home
N/A
Unit
N/A
Unit
N/A
Unit
N/A
Unit
N/A
Unit
MUN Family ApartmenVCondo
$3,860.00
Unit
$3,400.00
Unit
$1,02.00
Unit
$2,20.00
Unit
$3,02.00
Unitior 10% of Fair Market Value of All Property
Commercial
$6,277.2
Acre
$7,1002
Acre
$1,02.09
Ave
$7,52.00
AUG
$2,175.00
Acre
Industrial
$6,277.00
Acre
$7,100.00
Acre
$1,000.00
Acre
$2,20.2
Am
$2,175.90
Acre
19 ..
165.5. 04
20
1650.02
21
1165
22
1`
Planned Unit Development
Garage Setback Permit
Right -of -way management
Registration Fee
Excavation Permit Fee:
a) Hole
b) Trench
Obstruction Permit Base Fee:
inspection
fee
$150.00
$60.00
E -� #61
$125.00
$70.00 /100 lineal foot
(plus hole fee)
$50.00 plus .05/lineal
foot
Permit Extension Fee: $55.00
User Fee:. $20.00 .
Plus, adjacent to Residential property: $0.1375/lineal foot
Plus adjacent to Commercial property: $0.30/lineal foot
Degradation Fee City's cost to return
structural integrity to
right -of -way
Delay Penalty:
Total penalty charge:
(up to 3 days late)
Each day late over 3 days:
1500.12 Park contribution
Single family lot
Duplex lot
Townhouse Development
Mobile Home
Multiple family; apartment,
6 -14
$60.00
.$60.00 plus
$10.00 /day
$750 /unit
$650 /unit
$500 /unit
$500 /unit
$350 /unit
STUART I BONNIWELL
Cerdited Public Accountant
7101 York Avenue South
Suite 346
Minneapolis, Minnesota 55435
Excerpt from 1997 management letter regarding park dedication fees:
Office: (952) 921 -3325
Fax: (952) 921 -3331
e -mail: sbonniwell (a),uniaue- software.com
Park Dedication Fees - Currently, the City does not have a policy concerning park dedication fees for new
developments within the City. Typically, cities require developers to pay a park dedication fee which can
then be expended by the City for park improvements. Staff should investigate the possibility of establishing
a park dedication fee policy.