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HomeMy WebLinkAbout2006-04 09-21 APSTATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 21 day of September 2006, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2006; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 21 day of September 2006. MARY ANN CARLSON NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 131.09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 6.20 per line 1.30 per line 28A Brooklyn Center- Brooklyn Park Sun -Post Thursday, Sept. 21, 2006 www mnSun.cotn LEGAL NOTICES City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice of ordinance adoption ORDINANCE NO. 2006-04 AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELAT- ING TO THE REGULATION OF LIQUOR THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN- TER DOES ORDAIN AS FOLLOWS: Section 1. Sections 11 -101 through 11 -718 of the City Ordinances of the City of Brooklyn Center am hereby repealed. Section 2. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new sections to read: LIQUOR Section 11 -101. ADOPTION OF STATE LAW BY REFERENCE. The provisions of Minnesota Statutes, Chapter 340A. as it may be amended from time to time with reference to the definition of terms. conditions of op- eration. restrictions on consumption.provisions relating to sales. hours of sale. and all other matters pertaining to the retail sale. distribution. and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of the Cipv Council that all future amendments to Minnesota Statutes. Chapter 340A. are tig[eby adopted by reference or referenced as if they had Peen in existence at the time this Chapter is adopted. Section 11 -102, CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The City Council is authorized by the provisions of Minnesota Statutes. Section 340A.509. as it may be amended from time to time. to impose. and has imposed in this Chanter. additional restrictions on the sale and possession of alcoholic beverages within its limits be- yond those contained in Minnesota Statutes Chapter 340A. as it may be amended from time to time. Section 11 -103. DEFINITIONS. In addition to the de- finitions contained in Minnesota Statutes. Section 340A.101. as it may be amended from time to time. the fol- lowing terms are defined for purposes of this Chapter 1 Hotel. as used in this Chapter. means and includes any establishment having a resident proprietor or manag- er where. in consideration of payment therefor. food and lo.ging are regularly furnishe. to transients. which main- tains for the use of its guests not less than 100 guest rooms with bedding and other usual suitable and neces- sary furnishings in each room, which is provided at the main entrance with a suitable lobby desk. and office for the registration of its guests on the ground floor. which em- ploys an adequate staff to provide suitable and usual ser- vice. and which maintains under the same management and control as the rest of the establishment and has as au hiirturai ,;artthereof.a dining room with appropriate fa- cilities for seating not less than 100 guests at one time where the general public are. in consideration of payment therefor. served with meals at tables. In the case of an on- sale Class Elio ense the Hotel shall hay a dining room with aooropriate facilities for seating not less than 30 quests at one time where guests are provided with food and beverages. 2 Liauor. as used in this Chanter. without modification by the words "intoxicating" or "3.2 percent malt." includes both intoxicating liauor and 3.2 percent malt liquor. 3. Premises. as used in this Chapter. shall mean the in- side of the building or the leased space inside a building as shown on the plan submitted to the City Manager's de- signee with the original license. Outside areas. such as patios or parking lots. shall not be included in the defini- tion of "Premises" unless specifically listed on the license or sr =cial -rut ion i 'ned in wr'fn• fr.m th Ci for a limited period of time under certain conditions. 4 Restaurant as used in this Chapter means an eating facility. other than a Hotel. under the control of a single orQQ prietor or manager. where meals are regularly orepared on the Premises. where full waitress/waiter table service is provided. where a customer orders food from printed menus and where the main food course is served and con- sumed while seated at a single location. It shall have a li- cense from the State as required by Minnesota Statutes, Section 157 16 as it may be amended from time to time and shall meet the definition of either a "small establish- ment." "medium establishment," or "large establishment" as defined in Minnesota Statutes. Section 157.16 Su.di- vision. 3(d). as it may be amended from time to time. An establishment that serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served. shall not be considered to be a "Restaurant" for purposes of this Chapter unless it meets the definitions of "small establishment;' "medium establishment." or "large establishment" Section 11 -104. MUNICIPAL LIQUOR STORE. Subdivision 1. Municipal Liquor Store. A municipal liouor store that was previously established is hereby continued to be operated within the city for the off-sale of intoxicat- ng liquor. Except as provided in Section 11 -107 (11). no ntoxicating liquor shall be sold or caused to be sold at off- sale within the city by any person or entity other than that at the municipal liquor store. Subdivision 2. Location. The municipal liquor store shall be located at such suitable places in the city as the City Council determines. However. no Premises upon which taxe s- sm =nt ierfin.n i, :im th- Ci County. or State are due. delinquent. or unpaid shall be leased for municipal liauorstore purposes. Subdivision 3. Fund Created. A municipal liquor store fund is hereby created into which all revenues received from the operation of the municipal liquor store shall be paid. and from which all operating expenses shall be paid provided that the initial costs of rent. fixtures. and stock may be paid for out of the general fund of the City but such amounts shall be reimbursed to the said general fund out of the first monies coming into the municipal linuor store fund that are not needed for carrying on the business. Any surplus accumulating in. the municipal liquor store fund may he transferred to the City's general fund by resolution of the City Council and may be expended for any City pur- pose. Subdivision 4. Hours of Operation. The hours of opera- tion and days of sale shalt be those set by Minnesota Statutes. Section 340A.504. as it may be amended from time to time Section 11 -105. CONSUMPTION iN PUBLIC PLACES, No person shall consume Liquor in a public park on any public street. sidewalk parking lot. or alley: in any public place other than on the Premises of an establishment li- censed under this Chapter: or where the consumption and display of Liauor is permitted by State Statute. Section 11 -106 UCENSE E05j_ifED_Nn-nerson or entity. except wholesalers or manufacturers to the extent authorized by State Statute and the municipal liauor stores. shall directly or indirectly. on any pretense or by any device. sell barter. keep for sale. charge for Posses- sion. or otherwise dispose of Uauor as part of a commer- I ai i.ir r .;1 r t- X1.1 do so as provided in this Chapter eraion 11 -107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor li- censes and permits that may be issued by the City Pur- suant to this Chanter: 1. On -Sale 3.2 Percent Matt Liquor License, which shall permit the consumption of 3.2 percent malt liquor on the licensed Premises only. This license shall be issued only to a Restaurant. club. bowli g center, or Hotel where food is prepared and served for consumption on the Premises or to the City of Bmplgyn C,pntffLLtrSi Jarffilies and events 2. Off-Sale 3.2 Percent Man Liauor license. which shall permit the sale of 3.2 percent matt liquor in its original package for consumption off the licensed Premises only, 3 Temporary On -Sale 3.2 Percent Man Uauor License which shall be issued on y to a club. religious, or nonprofit organization. Temporary On -Sale 3.2 Percent Man Liquor Licenses shall be subject to any special terms and conditions the City Council may prescribe, 4 On -Sale Intoxicating Liquor License. A Restaurant m st have a dining room that is ooen to the general pub- lic. with a total minimum floor area of 1.800 square feet _i h I t 1 •n. 'i obtain an On -Sale Intoxicating Liquor License. The fol- lowing are the classes of On -Sale intoxicating Liquor Li- censes that may be issued by the City a. On -Sale Class A Intoxicating Liquor License. A Hotel or Restaurant that has 80% or more of its applicable rev- enue derived from the serving of food for copsumotion on the Premises is eligible for a Class A license L On -Sale Class B Intoxicating Liauor License. A Hotel or Restaurant that has 50% to 79% of its applicable rev- enue derived from the serving of food for consumption on the Premises is eligible for a Class 8 license. On -Sale Class C Intoxicating Liquor License. A Hotel or Restaurant that has 40% to 49% of its applicable rev- enue derived from the serving of food for consumption on the Premises and derives a considerable oart of its rev- enue from sources other than Liauor or food is eligible for a Class C license. d On -Sale Class D Intoxicating Liauor License. A Hotel or Restaurant that is a new Liauor license applicant that has not established a ratio between food and Liquor rev- enue for the Premises is eligible for a Class D License. Twelve months of documentation of food and liquor sales shall be presented by the licensee to the City Manager's designee on or before the date of license renewal in order to determine the aooropriate license class for the follow- ing year. If such documentation is not available. the Class D license shall be extended for no more than one addi- i.nal -:r. Oth -rwis- las A or 1i: will assigned by the City based on the established ratio be- tween food and Liauor sales. On -Sale Class E Intoxicating Liquor License. This li- cense is available only to Hotels that serve food and Liauor in a dining room that is ooen to the general public that has a total minimum floor area of 1 200 square feet and seat- ing for 100 people: and that is conducted in such a man- ner that a significant part of the revenue for a license year is the sale of food for consumption on the Premises. Ag Ip icants for Class E licenses must submit with their apli- cations menus of food and nonalcoholic beverages that will be served with the Liquor dispensed. The City Coun- cil shall determine whether such food and beverages are adequate to protect the public interests. Changes in menu ma not be m -de witho the •rior ro I the i Manager's designee. Liquor may be dispensed for no more than two hours a day and shall not be dispensed be- fore 4 p.m. or after 8 p.m. The licensee shall not require the payment of consideration for Liauor other than that which is paid as its regular charges for rooms. The•area designated as the dining room shall be adequately sepa- rated from other common areas of the Hotel by physical barriers to control ingress and egress and to ensure se- curity and compliance with the provisions of this Chapter. Class E licensees may serve Liquor on Sunday subiect to the provisions of this Chapter without having to obtain a separate Sunday On -Sale Intoxicating Liquor License. f. On -Sale Class F Intoxicating Liquor License. This li- cense is available only to the Earle Brown Heritage Cen- ter. This license allows the sale and dispensing of Liquor at the convention center and bed and breakfast facilities loca ed at the Earle Brown Heritage Center. This license aool es to the sale and dispensing of Liauor to patrons at- tend ng events at the Earle Brown Heritage Center. This license' shall not be valid for amateur athletic events held at the Earle Brown Heritage Center. 9 Special Provision: Special Event Permit. The holder of an On -Sale Intoxicating Liquor License may be granted a Special Event Permit by either the City Council or by the City Manager's designee for a temporary expansion of the licensed Premises for wedding receptions. parties. pro- motional activities. or other special events. A Special Event Permit may be issued by the City on y for specified areas of the same lot. piece or parcel of land on which the Premises lies. or a contiguous lot. piece or parcel of land. Application shall be made to the City Manager's designee on a form provided by the City and all information re- Guested by the City Manager's designee shall be submit- ted therewith. A Special Event Permit may be granted for a affieggf no more than 10 days. and permits may not be granted for a total of more than 40 days in any one license year. in acting on an application. consideration shall be given bv the City to such factors as noise nature of entertainment to be provided. potential difficulties with law enforcement or security. proximity of residential or other sensitive land uses. effect on parking or other zoning or land use con- trols. and the nature of the event proposed. The Special Event Permit may specify conditions with which the li- censee must comply. and the sale of Liauor pursuant to the permit shall be deemed a consent and aareement to the imposition of such conditions. Violations of any such conditions or a y other provisions of law are grounds for suspension or revocation of the Special Event Permit and of the licensee's Liauor license. Sunday On -Sale Intoxicating Liauor License. This li- cense may be issued only to an establishment that holds an On -Sale Intoxicating Liauor License and that serves Liauor only in conjunction with the service of food 6 Temporary On -Sale Intoxicating Liauor License, This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license m -y beissuedsnnly in connection with a social event within the city that is sponsored by a club or charitable, relgious. or other nonprofit organization that has existed for at least three years. The license may authorize the sale of intox- icating liquor to be consumed on the Premises for not more than three consecutive days. and the City shall issue no more than twelve days' worth of temoorary licenses to any one organization or for any one location within a 12- month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently oc- cupies. The temoorary license may provide that the li- censee may contract for intoxicating liquor catering ser- vices with the holder of an On -Sale Intoxicating Liauor U- cense issued by anv municipality. Z On -Sale Club Liauor License. This license may be is- sued only with the approval of the Commissioner of Pub- lic Safety. This ticense may be issued only to clubs that have been in existence for at least three years and that shall sell Liauor only to members and bona fide guests 6. On -Sale Wine License. This license may be issued only with the approval of the Commissioner of Public Safe- ty. This license may be issued only to a Restaurant that has a dining area that is open to the general public and has seating for not less than 75 guests at one time. The Restaurant's business must be conducted in such a man- ner that a significant part of the revenue for a license year is the sale of food. Only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the li- censed Premises in conjunction with the sale of food shall be permitted. 9 Optional 2 A.M. Closing Special Liquor License. This license may be issued only to an establishment that holds an on -sale Liquor license and has obtained an optional 2 A.M. Closing Permit from the Commissioner of Public Safetv. m•ion. dDi'•la Permit. Thi -r i h. be issu ed to an applicant for an establishment that complies with the reauirements of Minnesota Statutes, Section 340A.414, and has obtained a permit from the Commis- sioner of Public Safety. 11. Brewer and Brew Pub Off-Sale Malt Liquor License This license may be issued only with the approval of the Commissioner of Public Safety for sale of 64 -ounce con- tainers of malt liquor produced and packaged on the li- censed Premises in accordance with the requirements of Minn- at i.n 340A.301 Su..ivi i. 7 Section 11 -108. NUMBER OF LICENSES THAT MAY BE ISSUED. The number of On -Sale Intoxicating Liqu„pj Licenses issued by the City shall be limited to 18. The li- cense for the Earle Brown Heritage Center shall not be in- cluded in this limit. The number of On -Sale Wine Licens- es shall be unlimited Section 11 -109. TERM AND EXPIRATION OF LI- CENSES AND PERMITS. Each Liquor license shall be is- sued for a maximum period of one year. All licenses, ex- cept temporary licenses. shall expire on December 31 of each year. Temporary licenses and permits are only valid for the dates, times, and locations specifically stated on the license or permit. Consumption and Display Permits issued by the Commissioner of Public Safety, and the ac- companying City consent to the permit, shall expire on March 31 of each year. Section 11 -110. LICENSE AND PERMIT FEES: PRO RATA. Subdivision 1 License Fees. The fees for all Liquor li- censes and permits shall be set bv City Council resolution. Subdivision 2. Investigation Fee. A non refundable in- vestigation fee set bv City Council resolution must be paid by the applicant in full before an application for a new li- cense is accepted. excluding temporary Liquor licenses. The license fee and investigation fee shall be paid with cash or certified or cashier's check. At any time that an additional investigation is required because of license re- newal, a change in the ownership or control of the li- censee. or because of an enlargement. alteration. or ex- tension of Premises previously licensed, the licensee shall pay an additional investigation fee set by City Council res- olution. Subdivision 3. Renewal License Fees, Renewal license applications shall be filed by November 1 of the preced- ing license year, and renewal fees shall be paid in full at the time of application for renewal. If. in the judgment of the City Council. goo. and sufficient reason is shown by the applicant for failure to file for a renewal within the time provided. the City Council may. if the other provisions of In the Community, With the Community, For the Community this Chapter are complied with grant the application. A tate renewal charge set by City Council resolution shall be aoplied to renewal license a.plications that area submit- ted after November 1. All license and investigation fees shall be paid into the general fund of the City Subdivision 4. Pro Rata Fees. The fee for all Liquor li- censes. except temporary Liauor licenses. that are grant- ed after the commencement of the license year shall be prorated for the remainder of the year. In computing such pro rata license fee. the fee shall be prorated on a month lv basis for an On -Sale or Off -Sale 3.2 Percent Malt Liquor License. and prorated on a daily basis for an On -Sale In- toxicating Liquor License. When the Liquor license is for a property on which the building is not ready for occupan- cy. the commencement date for computation of the license fee for the initial licenseperiod shall be the date on which agertificate of occupancy is issued. Subdivision 5. Refund of License Fees. Temporary Liauor license fees are non- refundable. No part of the fee paid for any other type 'auor license issued under this Chap- ter shall be refunded by the City except in the following in- stances upon application to the City Council within 30 days from the happening of the event. The City Council may. in its judgment. refund a pro rata portion of the fee for the nexpired period of the license, computed on a monthly basis. when operation of the licens. business ceases not less than one month before expiration of the li- cense because of O. destruction or damage of the licensed Premises by fire or other peril* tf the licensee's illness; c, the licensee's death: or d. a change in the City's ordinances making it unlawful for the licensed business to continue Section 11 -111. APPLICATIONS FOR LICENSE. Subdivision 1. Requirements for Liauor Licenses: Ex- cludes Temporary On -Sale. Every application for a Liquor license shall be made on a form supplied by the City and shall be filed with the City Man -gar's designee. No per- son shall make a false statement in an application. In ad- dition to the information that may be required by the Com- missioner of Public Safety. the application shall contain the following information: a, Whether the applicant is a natural person, corpora- tion. nartnershio, or other form of entity* b. Tyoe of Liauor license that the applicant seeks' A personal information form. as provided by the City, filled out bv the sole owner: each partner: each manager proprietor, or other person with management responsibil- ities for the Premises: each person who. singly or togeth- er with the person's spouse, or a parent. brother. sister, or child of either of them, own or control an interest in said corporation or association in excess of five percent (5 and. if a club. each officer. each member of the executive committee and each member of the board of directors containing the following information on each individu ^.I. L Full legal name. place and date of birth. and street res- idence address of the individual* 2, Whether the individual has ever used or been known by a name other than such legal name and if so, what was such name or names. and information concerningdates and places where used 9 Whether the individual is married or single. If the in- dividual is married he or she must provide the legal name, place and date of birth. and street residence address of his or her current spouse Whether the individual and his or her current spouse are registered voters and. if so. the ci y and state in which each of them is registered* 6 Street addresses at which the individual and his or her current spouse have lived during the preceding ten years' 6. Type. name and location of every business or occu- pation that the individual and his or her current spouse have been engaged in during the preceding ten years; 7 Names and addresses of the individual's and his or her current spouse's employers and business partners. if anv. for the preceding ten years' Whether the individual or his or her current spouse. or a parent. brother, sister, or child of either of them, has ever been convicted of any felony. gross misdemeanor. misde- meanor, or petty misdemeanor, other than a traffic of- fense. If so, the individual shall furnish information as to the date. place, and type of offense: 9 Whether the individual or his or her current spouse. or a parent. brother. sister. or child of either of them has ever been engaged as an employee or in the operation of a sa- loon. Hotel. Restaurant, cafe. tavern. bar. or other busi- ness of a similar nature. If so. the individual shall furnish information as to the date. place. and length of time of the emplovment or operation* 10. Whether the individual has ever been in military ser- vice. If so, the individual shall. upon request by the City, exhibit all discharges' 11. The name. address, and business address of each person who is engaged in Minnesota in the business of selling. manufacturing. or distributing intoxicating liquor and who is nearer of kin to the individual or his or her cur- rent spouse than second cousin. whether of the whole or half blood. computed by the rules of civil law. or who is a brother -in -law or sister -in -law of the individual or his or her current spouse; 12. The amount of the investment that the individual has jn the business. building. Premises. fixtures. furniture, stock in trade. et cetera. and proof of the source of such money: and 13. The names. residences. and business addresses of three persons who are residents of the State of Minneso- Legal Notices continued on next page In the Community, With the Community, For the Community LEGAL NOTICES to who are of goodworal character and not related to the individual or financially interested In the Premises or busi- ness. who may be referred to with respect to the individu- al's character d. A legal description of the property to be licensed to- aether with a' site plan of the orooertv showi g dimensions and location of buildings' If a permit from the federal government is required by the laws of the United States. indicate whether or not such permit has been issued. and 'f so reauired in what name it was issued and the nature of the permit, f. The names and addresses of all persons. other than the applicant. who have any financial interest in the busi- ness buildings. Premises. fixtures. furniture. stock in trade. if applicable: the nature of such interest. amount thereof. and terms for payment or other reimbursement. This shall include but not be limited to any lessees lessors. mortgagees. mortgagors. lenders lien holders trustees. trustors. and persons who have cosigned notes or otherwise loaned. pledged. or extended security for any indebtedness of the applicant. hut shall not include per- sons owning or controlling less than five percent (5 %1 in- terest in the business if a corporation* g. A statement as to whether or not all real estate and personal orooerty taxes for the Premises to be licensed that are due and payable have been paid. and if not paid, the years and amounts which are unpaid and h. Such other information as the City Manager's de- signee shall require Subdivision 2. On -Sale Club Liquor License. In addition to the reauirements listed in Subdivision 1 the application f .i •n- ,I• i• i -n r.II c• .in f•I- lowing information' a. The name of the club P, The d.te that t 1 w- fi s 'ncor.orat The pncant shall provide copies of the club's articles of incor- poration bylaws. and the names and street addresses of at officers members of the executive committee man- agers and board of dire c. A sworn statement that the club has been in existence for more than three years The statement shall be made by a person who has personal knowledge of the facts stat- ed therein. In the event that no person can make such a statement satisfactory documentary proof may be sub- mitted in support of such facts A statement of the number of club members that is certified by the club treasurer and a if a p- sscard. nassword. passkey. or other indicia of Membership is a condition of entrance to the club. the ap- plicant shall provide the City Manager's designee with such indicia of membership to be used only for the Dur- h' Subdivision 3. On -Sale Intoxicating Liquor and On -Sale Wine Licenses In addition to the reauirements listed in Subdivision 1. the application shall contain the following information: a The name of the business if it is to be conducted under a designation name or style other than the full individual name of the applicant: in such case a copy of the certifi- cation as reauired by Minnesota Statutes Chaoter 333 certified by the Clerk of District Court. shall be attached to the application b. If the applicant is a partnership the managing partner and all other partners shall be named. The 'interest of each partner in the business shall be disclosed. A copy of the partnership agreement shall be submitted with the application and if the partnership is required to file a cer- tificate a o a trade name under the provisions of Min- nesota Statutes. Chapter 333. a copy of such certificate certified by the Clerk of District Court shall be attached to the application c. If the applicant is a corporation or other organization the name and if incorporated the state of incorporation copies of the certificate of incorporation. articles of incor- poration or association agreement. and bylaws: if a foreign corporation a certificate of authority as described in Min- nesota Statutes. Chapter 303. and a list of all officers or directors of said corporation or organization' d. A floor plan of the dining room. or dining rooms. that will be open to the public. The floor plan shall show all room dimensions and shall indicate the number of per- sons intended to be served in each of the rooms: and e. If the application is for Premises that is planned under construction. or undergoing substantial alteration the ap- plication shall be accompanied by a set of preliminary plans showing the design of the proposed Premises to be licensed. Subdivision 4. Temporary On -Sale Intoxicating Liauor Li- cense. Every application for a Temporary On -Sale Intox jcating Liauor License shall be in the form prescribed by the Commissioner of Public Safety. The form shall be ver- ified and filed with the City Manager's designee. Subdivision 5. Temporary On -Sale 3.2 Percent Malt Liauor License. Every application for a Temporary On- Sale 3.2 Percent Malt Liquor License shall be made on a form supplied b ty he City. Every application shall state the name of the organization: name. address. and telephone number of the applicant: date. time. and location of event. and other information as the City Council may requ fro time to time. No person shall make a false statement in an application. Applications must be filed with the City Manager's designee a minimum of thirty calendar days in advance of the Proposed event. Subdivision 6. Consumption and Display Permit and One Dav Temporary Consumption and Display Permit. Every application for a Consumption and Display Permit or a One -Day temporary Consumption and Display Permit shall be made in the form prescribed by the Commiss.or- er of Public Safety. The torm shall be verifier., and filed the City Managers design Section 11 -112. EXECUTION OF APPLICATION If the application is by a naturaiperson, it snail be signet t t.- •t•if• '.1 .n• a ficer thereof: if by a partnership. by one of the partners however. the application. license. and bond (or insurance policy) shall be made and issued In the name of all part- ners: if by an unincorporated association or other type of organization. by the manager or managi g officer thereof. Section 11 -113. TRANSFER OF LIQUOR LICENSE. No transfer of iguor license shall be permitted from place to place or person to person without complying with the reauirements of an oriainal application except where a new application is filed as a result of incorporation by an existi g licensee and the ownership. control. and interest in the license are unchanged. Section 11 -114 INVESTIGATION OF APPLICA- TIONS. All applications for a Liauor license. excluding temporary Liauor licenses. shall be referred by the City li ,r I•n i t r the City Man per's designee shall deem necessary for verif'cation and investigation of the facts set forth in the apol cation. The Ci y Manager's designee is empowered to conduct background and financial investigations to ver- ify the information in the application. including. but not lim- ited to. ordering a computerized criminal history inquiry obtained through the Criminal Justice Inform -tion System and /or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The City Manager's designee shall cause to be made such in- vestigation of the information requested in this Chapter as shall be necessary and shall make a written recommen- dation and report to the City Council. The City Council m= ..1 .ri a ..ditio v= t., i h.1 deem necessary, Section 11 -115. APPROVAL OF LICENSES AND PERMITS BY CITY COUNCIL All Liauor licenses and permits set forth in this Chapter shall be subject to review and approval by the City Council. Section 11 -116. PERSONS INELIGIBLE FOR LI•U•R LIC N E. In addition t• the r-. irem =nt tained in Minnesota Statutes Section 340A.402. as it may be amended from time to time no license shall be grant- ed 1-Id ,r .f h- 'n.. .n w h r,ll also include the characteristics of any owners. officers managers. employees. or others who require investigation under this Chapter): t. Who is not the proprietor of the establishment for which the license is issued. W i i iz -n o th alien. or upon whom it is impractical to conduct a back- ground and financial investigation due to the unavailabili- ty of information' a. Who is or during the period of the Liauor license be- comes the holder of a federal retail liauor dealer's special zu.r. r r 1. less there has also been issued to him or her a local li- cense to sell intoxicating liquor at such place 4. Who. if a corporation. does not have a manager who i l l r t• he.rovi 1., •f thi •;•ter 5, Who is the spouse of a person ineligible for a license pursuant to the provisions of this Chaoter or who in the judgment of the City Council is not the real party in inter- est or beneficial owner of the business operated. or to be operated. under the license; and An on -sale Liauor license will not be renewed if. in the case of an individual. the licensee is not a resident of the Twin Cities Metropolitan Area at the time of the date for re- newal: if. in the case of a partnership, the managingoart- ner is not a resident of the Twin Cities Metropolitan Area at the time of the date for renewal or in the case of a cor- poration, if the manager is not a resident of the Twin Cities Metropolitan Area at the time of the date for renewal. The "TWIN CITIES METROPOLITAN AREA" is defined as being comprised of the counties of Anoka. Carver. Dako- ta. Hennepin. Ramsey. Scott. and Washington. Section 11 -117. PLACES INELIGIBLE FOR LIQUOR LICENSE. Subdivision 1. No Liauor license shall be granted for sale i a r •ev'. a. •f .r willful violation of this Chapter or of Minnesota Statutes Chapter 340A. or if any license hereunder has been re- voked for cause until one year has elapsed after such con- viction or revocation Subdivision 2 No on sale Liquor license shall be granted for a bona fide club that has not been in operation and el- igible to receive a license for at least six months immedi- ately preceding the application for a license. Subdivision -3. No Liquor license shall be granted or re- newed. for operation on: 1) any Premises on which any taxes. assessments. or other financial claims of the City, County. or State are due. delinquent. or unpaid:. any Premises that is part of a larger tax parcel on which ad val- orem real estate taxes or assessments collected with such taxes are due. delinquent; or unpaid. In the event an ac- tion has been commenced pursuant to the provisions of Minnesota Statutes. Chapter 278 questioning the amount or validity of taxes. the City Council may. on application by the licensee. waive strict compliance with this provision. However; no waiver shall be granted by the City Council for taxes. or any portion thereof. that remain unpaid for a period exceeding one year after becoming due. Subdivision 4. No Liauor license shall be granted for a Premises owned by a person to whom a Liquor license may not be granted under this Chapter except for Premis- es owned by a minor. nonresident alien or a person who has been convicted of a crime other than a violatioE of Minnesota Statutes, Chapter 340A. Subdivision 5. No Liquor license- Shall be granted for a Premises that has a common entrance or exit between any two establishments except that a public concourse or publi lobby shall not be construed as a common entranc7 or ex Subdivision 6 No Liquor incense snail lie granted i_tR Premises is located within 300 feet of or witnin the same building, or on the same is aity subdivided lot p eco. c parcel of and as any of the following uses a- school one ...r au www.mnSun.com Thursday, Sept. 21, 2006 Brooklyn Center Brooklyn Park Sun -Post care center. church. hospital. halfway house. currency ex- change operation. theater. residence. pawnshop. second- hand goods dealer. tattoo establishment. body piercing establishment massageparlor, sauna. or another on -sale Liauor establishment. Section 11 -118 CONDITIONS OF LIQUOR LI- CENSE. Every Liauor license shall be granted subiect to the following conditions and any other applicable ordi- nance of the City or State law: 1, The Liquor license shall be poste. in a conspicuous place in the licensed establishment at all times; 2. Any police officer building inspector or any employee so designated by the City Manager. shall have the un- gualified riaht to enter. Inspect. and search the licensed Premises during business hours without a warrant. "Busi- ness hours" shall be deemed any time when licensee or employees are present on the Premises. Refusal to per- mit such an inspection is a violation of this Chapter and grounds for revocation of the license; 3. Every licensee shall be responsible for the conduct of the place of business and the conditions of sobriety and order in the place of business and on the Premises. The act of any employee on the licensed Premises is deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this Chapter and State law equally with the employee' 4 No on -sale Liauor establishment shall sell intoxicating liauor off-sale' No Liquor license shall be effective beyond the Premises named in the license for which it was granted: 6. No on -sale Liquor establishment shall display Liquor to the public during hours when the sale is prohibited; 7. Continuing compliance with the financial responsibili- it m-n •f w n f h r The business records of the licensee. including feder- al and State tax returns. shall be available for inspection by the City Manager, or other duly authorized representa- tive of the City at all reasonable times. Business records for accou functions required to demonstrate com• ance with the provisions of this Chapter shall be prepared in accordance with standard accounting practices as de- termined by the City Manager's designee: and 9 ALW changes in the corporation. entity or club's offi- cers directors. partners. corporate charter. articles of in- corporation. bylaws. or partnership agreement shall be submitted to the City Manager's desgnee within 30 days after such changes are made. In the case of a corpora- tion. the licensee shall immediately notify the City Man- ager's designee when a person not listed in the license ap- plication acquires an interest that. together with that of the person's spouse parent brother sister or child exceeds five percent (5 and shall give all information about said person as is required of a person pursuant to the provi- sions of this Chapter. Section 11 -119. HOURS OF OPERATION. Subdivision 1. Hours of Operation. The hours of opera- tion and days of sale shall be those set by Minnesota Statutes Section 340A.504. as it may be amended from time to time Subdivision 2. 2 A.M. Closing Special Liquor License. No Liauor licensee may sell on -sale Liauor or consume or dis- play Liquor on the licensed Premises between the hours of 1 a.m. and 2 a.m unless the licensee has obtained an optional 2 A.M. Liquor Permit from the Commissioner of Public Safety and has been issued the 2 A.M. •Closing Special Liauor License by the City. ction 11 -120. TRI TI •N P AND CONSUMPTION. In every prosecution for a viola- tion of the provisions of Minnesota Statutes. Section 340A.503. relating to the sale or furnishing of intoxicating liauor to persons under the age of 21 years. and in every proceeding before the City Council with respect thereto, the fact that the person involved has obtained and Pre- sented to the licensee his or her employee or agent. a ver- ified identification from which it appears that said person was 21 years of age wasregularly issued such iden- tification card shall be prima facie evidence that the li- censee his or her agent or employee is not guilty of a vi- olation of such a provision and shall be conclusive evi- dence that a violation. if one has occurred. was not willful or intentional. Section 11 -121. LIABILITY INSURANCE AND PROOF OF FINANCIAL RESPONSIBILITY. Subdivision 1. Insurance Reauired. All applicants for any Liquor license ora Consumption and Display Permit must, as a condition to the issuance of the license or permit; pro- vide proof of Liauor liability insurance to the City Man- ager's designee, which shall-be subject to the approval of the City Council. The issuer or surety on any liability in- surance policy or bond shall be licensed to do business in the State of Minnesota and all documents shall be ap- proved as to content form. and execution by the City At torllw.v. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year Subdivision 2. Proof of Financial Responsibility. All ap- plicants for any Liauor license or a Consumption and Dis- play Permit must. as a condition to the issuance of the li- e or .e mit t.n tr. .roof of fin- ial si- bility. Proof of financial responsibility may be provided by supplying to the City Manager's designee any of the fol- lowing- information: a An insurance certificate stating that there is in effect for the license or permit period an annual aggregate in- surance •olic of no le than 300_000 per policy year tor the Premises for dram shop insurance or b A bond of a surety company with minimum c v age as provided in clause_saj or A certticate iron the Cone ossioner Of Finance that S tates tnat Inc licensee or permitter :las deposited w tr' Inc Commissicner of Finance $300,000 in cash or secur- ties that may legally be pvrcnased by savinoS banks or fel' trust tunds having a market value of $300 000 Subdivision 3. Any liability insurance reauired by this Sec- tion must provide that it ma _pot be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten drys' notice in writing to the City of the intent to cancel the policy. Subdivision 4. Temporary On -Sale Liquor License hold- ers are subject to the provisions of Subdivisions 1 through 3 of this Section. with the exception that the minimum dram shoo insurance policy limit shall be no less than rr r••f. -v., h •i ra. 1 parks Section 11 -122. CITY COUNCIL DISCRETION TO GRANT OR DENY A LICENSE OR PERMIT. The City 'ni: •i r in 'h r n ea plication for any license or permit or for the renewal of any license. No aoolicant has a right to a license or permit under this Chapter. Each license or permit shall be issued to the applicant only and shall not be transferable to an- other holder. Each license or permit shall be issued only for the Premises described in the application. If an appli- cant for a Special Event Permit has to postpone the event because of weather. the City Manager's designee has the authority to change the effective dates of the permit. as Ion. ro r .f r •v th i Council does not change. Licensed Premises that are granted both On -Sale Wine and On -Sale 32 Percent Malt Liquor Licenses by the City Council are authorized to sell beer with an alcohol content in excess of 3.2 percent. Section 11 -123. GAMBLING REGULATIONS. Subdivision 1. Lawful Gambling Permitted. No gambling or any gambling device shall he permitted on any licensed Premises with the exception of lawful gambling on a li- censed on -sale Liquor Premises by licensed charitable nonprofit organizations that have been in existence in Broo Lyn Center for at least three years. Subdivision 2. Lease Agreement Terms. The charitable organization's use of the licensed on -sale Liauor Premis- es shall be by means of a written lease agreement be- tween the Liauor licensee and the charitable organization. The lease shall be for a term of at least one year: a copy of which shall be filed with the City Manager's designee and an additional copy must be kept on the Premises and available for public inspection upon request. The lease shall contain the following terms: a The amount of rent charged may not exceed the amount authorized by law b Rental payments shall not be based on a percentage of profits from gambling' c The charitable organization shall not reimburse the rl' n ••r tiling related expenses incurred by the Liauor licensee. h= •nl '.t •r :n m, ob- tain from the charitable organization is the rent fixed in the le se agreement' d, Lawful gambling shall not be conducted by empl •yees of the Liquor licensee or at the bar service area: and e. The lease shall contain a provision permitting the Liauor licensee to terminate the lease if the charitable or- aanization is found guilty of any violation of State or local aambtina statutes. ordinances, rules. or regulations. Subdivision 3. Limit on Organizations. Only one charita- ble organization shall -be permitted to conduct lawful gam- bling on the licensed on -sale Liauor Premises. Subdivision 4. Minimum Hours. The Liquor licensee must commit to a minimum of twenty -five (25) hours of lawful gambling on the licensed Premises for the charitable or- ganization per week. Subdivision 5. Responsibility tor Violations. The Liauor li- censee shall be responsible for the charitable organiza- I' t m. •r .r. order that the lawful gambling cease on the licensed Premises for a period uo to sixty (601 days or disallow law- ful gambling altogether on the licensed Premises for any violation of State or local gambling laws or regulations that occur on the Premises by anyone. including the Liauor li- c-n th=ch•i•.1- ..•r'_a1..'n -i.rof is Section may also be considered by the City Council as arounds for suspension or revocation of the Liquor license. IE n 11 -1 Subdivision 1. Prohibition It is unlawful for any licensee, permittee owner. or manager of any establishment li- censed under this Chapter to cause. commit permit. or allow in the licensed Premises any of the prohibited activ- ities listed in this Section or any similar activities or to sell Liquor in any Premises from which any such prohibited ac- tivities may be viewed or heard. Subdivision 2. Prohibited Activities, Prohibited activities referred to in Subdivision 1 of this Section include the fol- lowing: a. Nudity. sadomasochistic abuse. or sexual conduct as those terms are defined in Section 19 -1700 of this Code either actual or simulated; b. Mud wrestling. wet T -shirt contests. lingerie shows or i I or tri -t n in. -nd e. The display of any of the foregoing by any means in- cluding. but not limited to. books. printed material. maga, zines. movies pictures, videos plays exhibitions record- ings closed circuit television productions or any other device or contrivance in any way that is capable of being used or adapted to arouse interest. or to affect the human senses. whether through the medium of reading, obser- vation sound, or any other means. Subdivision 3. Penalty. Violation of this Section is grounds for revocation of any Liauor license or permit is- sued under this Chapter. Section 11 125. REVOCATION AND SUSPENSION The City Council may suspend or revoke any Liquor cense or permit and may Impose a civil penalty not t0 ex- ceed $2.000 pursuant to Minnesota Statutes. 340A.410 Legal Notices continued on next page District Number: 279 I District Name: Independent School District 279 Osseo Area Schools FUND 2005 -2006 ACTUAL REVENUES AND TRANSFERS IN 2005-2006 ACTUAL EXPENDITURES AND TRANSFERS OUT JUNE 30, 2006 ACTUAL FUND BALANCE 2006 -07 BUDGET REVENUES AND TRANSFERS IN 2006-07 BUDGET EXPENDITURES AND TRANSFERS OUT JUNE 30, 2007 PROJECTED FUND BALANCE General Unreserved 179,392,476 217,232,529 34,934,416 185,658,695 195,528,077 25,065,034 General Reserved 41,975,981 35,313,851 9,254,646 33,000,000 33,000,000 9,254,646 Food Service 8,952,944 8,791,715 1,725,272 8,641,485 9,326,200 1,040,557 Community Service Unreserved 0 0 0 0 0 0 Community Service Reserved 11,144,346 11,217,250 2,013,380 9,695,505 10,242735 1,466.150 Building Construction 2,441,253 7,099,360 3,383,008 0 0 3,383,008 Debt Redemption 94 ,540,463 20,638,854 78,681,383 18,642,881 18,799,413 78,524,851 Trust 9,386,837 1,440,990 8,191,684 0 0 8,191,684 Internal Service 4,086,247 /f /f /�f 4086,247 TOTAL ALL FUNDS 347,834,300 301,734,549 127 255,638,566 266,896,425 116,073,667 LONG -TERM DEBT CURRENT STATUTORY OPERATING DEBT, SHORT-TERM DEBT AND COST' PER ADM OUTSTANDING JULY 1, 2005 191215,000 STATUTORY OPERATING DEBT 6/30/06 None PLUS: NEW ISSUES 67,055,000 CERTIFICATES OF INDEBTEDNESS 6/30/06 None LESS: REDEEMED ISSUES 10,825,000 OTHER SHORT TERM INDEBTEDNESS OF FUNDS 6/30/06 None OUTSTANDING JUNE 30 2006 247,445,000 2005 -06 PUPILS IN AVERAGE DAILY MEMBERSHIP (ADM) 21,942 /I /I /I /I, f /I 2005-06 OPERATING COST PER ADM 10,036 The complete budget may be inspected upon request to the Superintendent. Comments: The General Fund includes Transportation and Capital Expenditure activities. The fund balance in the General Fund at June 30, 2006 includes an amount of $8,998,027 that is restricted by the State for capital expenditures, An annual budget for the Building Construction Fund is not adopted as project length financial plans are budgeted in accordance with bond issue authorization. 30A Brooklyn Center Brooklyn Park Sun-Post Thursday, Sept. 21, 2006 www.mnSun.com LEGAL NOTICES for the violation of any provision or condition of this Chap- ter or of any State law or rule or federal law regulating the sale of Liquor. The City Council shall revoke a Liquor li- cense for any willful violation that. under the laws of the State. it grounds for mandatory revocation. Including the jicensee's failure to maintain the insurance required by Section 11 -121 of this Chapter in full force and effect, Revocation or suspension of a Liquor license or per- mit by the City Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of the_tirneand place of the hear ing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee or permittee personally or by leaving the same at the 11- censed_Premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days Section 11 -126. PENALTIES. Any person violating any provisions of this Chapter or Minnesota Statutes, Chapter 340A. as it may be amended from time to time. or any rules promulgated under Minnesota Statutes. Chap- ter 340A. shall be guilty of a misdemeanor. and upon con- viction thereof. shall be punished by a fine of not more than one thousand dollars (51 000) and imprisonment for not more than 90 days. or both. together with the cost of prosecution Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 11th day of September, 2006. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: September 21, 2006 Effective Date: October 21, 2006 (Strikeout indicates matter to be deleted underline indi- cates new matter.) (Sept. 21, 2006)p1 /Adopt Chap 11 Liq Ord City of Brooklyn Park NOTICE OF THE CITY AUCTION The City of Brooklyn Park will utilize an auction service on the internet to sell items of bicycles, a fax machine, an Everlast 40 lb. heavy bag. Access to the website is www.Prooertvroom.com. The items will be available for the bidding on Thursday, October 5, 2006. (Sept. 21, 2006)p1 /city Internet auction /CS City of Brooklyn Park (Official Publication) ORDINANCE 52006 -1063 AN ORDINANCE APPROVING AMENDMENT TO MODIFY SECTION 152.222 OF THE ZONING CODE REGARDING FENCES AND STRUCTURES ALONG THE THREE RIVERS REGIONAL TRAIL CORRIDOR Planning Commission File 506 -127 Underlined text is proposed for insertion The City of Brooklyn Park does ordain: Section 152.222. Setbacks of the Zoning Chapter is amended as follows: 152.222 SETBACKS. (C) Side setbacks (measured in feet, from the property line): 444 Renal- Trail- Capidor (2j (1) If an attached garage has a dwelling unit constructed above it, the setback must not be less than five feet on the garage side of the lot, except in the R -2A or R -2B Single- family Residential Districts which have a minimum 7.5 -foot side setback for both garages and prin- cipal uses. (2+(2 The following may not be closer than five feet from interior lot lines and 20 feet from public rights -of- way unless further restricted elsewhere in this chapter: (a) Carports, garages (attached or de- tached), vehicles, recreational equipment and recre- ational vehicles, driveways, and parking areas. (b) Solar collectors, swimming pools and landscaping structures (excluding retaining walls). (c) Balconies, breezeways, gazebos, decks, patios. (d) Screened porches, and three season porches (e) Private outdoor recreational equipment. (D) Rear setbacks (measured in feet, from the prop- erty line): al-Trail Cefrider. 42► (1l The following may not be closer than five feet from interior lot lines and 20 feet from public rights -of -way unless further restricted elsewhere in this chapter: (a) Carports, garages (attached or de- tached), vehicles, recreational vehicles and equip- ment, driveways, and parking areas. (b) Solar collectors, swimming pools and landscaping structures (excluding retaining walls). (c) Balconies, breezeways, gazebos, decks, patios. (d) Screened porches, and three season porches (e) Private outdoor recreational equipment. (a) (21 Handicap access ramps may encroach into the rear setback in order to meet the running slopes re- quired by the Minnesota Accessibility Code. 4Q+ ailouf- Mee. ATTEST: STEVE LAMP MAYOR DEVIN MONTERO, CITY CLERK Approved as to Form by City Attorney Passed on First Reading 08 -28-06 Passed on Second Reading 09 -05 -06 Published in Official Newspaper 09 -21 -06 (Sept. 21, 2006) p1 /ord 1063 -Amd Sec 152 Fences City of Brooklyn Park (Official Publication) NOTICE OF HEARING ON PROPOSED ASSESSMENT City of Brooklyn Park, Minnesota NOTICE IS HEREBY GIVEN that the City Council of Brooklyn Park will meet at 7:00 P.M. on Monday, October 2, 2006 at the City Hall located at 5200 -85th Avenue North to pass upon the proposed assessment for the improve- ment of: Projects ST -1420, M- 1420A, S -1421, W -1422 and SS- 1423 Construction of street, street light, sanitary sewer trunk/subtrunk, storm sewer trunk, watermain trunk, wa- termain lateral and related appurtenances, installation of a permanent traffic signal system at the intersection of 97th Avenue and Schreiber Terrace /Colorado Lane and reimbursement for previously constructed water, sanitary and storm improvements which have been paid by the City's Public Utility Fund to serve the general area bound- ed on the south by T.H. 610, on the west by Hampshire Avenue, on the north by 102nd Avenue and on the east by Zane Avenue (CSAH 14). The total cost of the improvement is $3,336,080.00. Projects ST -1464, S -1465, W -1468 and SS -1459 Con- struction of street, street light, sidewalk, sanitary sewer trunk/subtrunk, lateral, service, watermain trunk, lateral, service, storm sewer trunk, related appurtenances and re- imbursement for previously constructed water, sanitary and storm improvements which have been paid by the City's Public Utility Fund to serve an area bounded on the north by 109th Avenue, on the south by the 101st Avenue alignment, on the west by Winnetka Avenue (CSAH 103) and on the east by Zane Avenue (CSAH 14). The total cost of the improvement is $6,366,900.00. Pursuant to MSA Sec. 429.011 to 429.111, all prop- erty abutting upon or lying within the above described lim- its and benefitting therefrom is proposed to be assessed. The proposed assessment is on file for public inspection at the City Clerk's Office and the City Engineer's Office. Written or oral objections will be considered at the hear- ing, but the Council may consider any objections to the amount of the proposed individual assessments at an ad- journed meeting upon such further notice to the affected property owners as it deems advisable. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that as- sessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serv- ing notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City Council has adopted, pursuant to the au- thority granted by Minnesota Statutes, Sec. 435.193 to 435.195, a resolution containing standards and guidelines for deferring the assessment for senior citizens for whom it would be a hardship to make the payments on home- stead property. The standards and guidelines are on file with the City Clerk and the City Finance Department for your inspection. DEVIN MONTERO, CITY CLERK Published in the Brooklyn Park Sun Poston September 14 and 21, 2006. (Sept. 14 21, 2006) pi /ST- 1420 -ST -1464 City of Brooklyn Park NOTICE OF THE CITY OF BROOKLYN PARK POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The City of Brooklyn Park does not discriminate on the basis of disability in the admission, or access to, or treatment or employment in, its services, pro- grams, or activities. If, due to the disability, you need auxiliary aids or services in order to partici- pate at a public hearing or city council or commis- sion meeting, please provide the City with forty- eight (48) hours' notice. This can be done by call- ing (763) 493 -8012, TDD (763) 493 -8392, FAX (763) 493 -8391. City of Brooklyn Park (Official Publication) CITY OF BROOKLYN PARK City Hall 5200 85th Avenue North Brooklyn Park, MN 55443 -4301 BIDS DUE: September 28 2006 LEGAL NOTICE -BIDS WANTED Sealed proposals will be received at the office of the City Clerk, City Hall, 5200 85th Avenue North, Brooklyn Park, MN 55443,.untit A.M. on September 28, 2006 for: Project Name: Rehabilitation of Twin Homes at 4309 4313 80th Ave N All bids shall be subject to the following: A performance bond and payment bond will be required. The City reserves the right to reject any or all bids, to waive technicalities, and award bid in the best interest of the City. Bidding documents including proposal forms, specifica- tions, plans, etc., may be obtained by mail by calling 763- 493- 8054, or picked -up at: City of Brooklyn Park Community Development Department/EDA 5200 85th Avenue North Brooklyn Park, MN 55443 -4301 Proposals must be placed in a sealed envelope marked "BID FOR BROOKLYN PARK REHABILITATION OF 80th AVE N TWIN HOMES" and addressed to the City Clerk, City of Brooklyn Park, 5200 85th Avenue North, Brooklyn Park, Minnesota 55443 -4301. Devin Montero, City Clerk Published in the Brooklyn Park Sun -Post on September 14th and September 21st, 2006 (Sept. 14 21, 2006)p1 /BID 80th ave N twin hms rehab City of Brooklyn Park (Official Publication) NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR DELINQUENT UTILITY BILLS, WEED CUTTING CHARGES, TREE REMOVAL CHARGES, UTILITY INVOICES, ADMINISTRATIVE CITATIONS, NUISANCE ABATEMENT CHARGES, AND FIRE INSPECTION FEES CITY OF BROOKLYN PARK, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Brooklyn Park will meet at 7:00 p.m. on Monday, October 16, 2006 at the City Hall located at 5200 85th Avenue North to pass upon the proposed assessment for delin- quent utility bills, weed cutting charges, tree removal charges,• delinquent utility invoices, administrative cita- tions, nuisance abatement charges, and fire inspection fees. The proposed assessment is available for public in- spection through the City Clerk's office. Written or oral ob- jections will be considered at the hearing. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serv- ing notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. School District 279 In the Community, With the Community, For the Community (Official Publication) DISTRICT REVENUES AND EXPENDITURES (Sept. 21, 2006)a2 &p1/Dept Ed rev/Exp budget No such appeal as to the amount of an assessment as to a specific parcel of land may bd'`made unless the owner has either filed a signed written objection to that as- sessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. DEVIN MONTERO, CITY CLERK Published in the Brooklyn Park Sun Post on September 21, 2006. (Sept. 21, 2006) p1 /Proposed Assessments Certificate of Assumed Name (Official Publication) MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME Minnesota Statutes Chapter 333 The filing_of an assumed name does not provide a user with exclusive rights to that name. The filing is re- quired for consumer protection in order to enable con- sumers to be able to identify the true owner of a business. State the exact assumed name under which the busi- ness is or will be conducted: BLE Caulking State the address of the principal place of business. 4500 58th Ave N 5303, Brooklyn Center MN 55429 'List the name and complete street address of all per- sons conducting business under the above Assumed Name. Bruce Lynn Emery 4500 58th Ave N 5303, Brooklyn Center MN 55429 I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this cer- tificate, I am subject to the penalties of perjury as set forth in Minnesota Statutes Section 609.48 as if I had signed this certificate under oath. FILED: Sept. 14, 2006 /s/ Bruce Lynn Emery, Owner (Sept. 21 28, 2006) p1 BLE Caulking Certificate of Assumed Name (Official Publication) MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME Minnesota Statutes Chapter 333 The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is re- quired for consumer protection in order to enable con- sumers to be able to identify the true owner of a business. State the exact assumed name under which the busi ness is or will be conducted: Better Life Enterprise State the address of the principal place of business. 4500 58th Ave N 5303, Brooklyn Center MN 55429 List the name and complete street address of all per- sons conducting business under the above Assumed Name. Bruce Lynn Emery and Victoria Jean Emery 4500 58th Ave N 4303, Brooklyn Center MN 55429 I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this cer- tificate, -I am subject to the penalties of perjury as set forth in Minnesota 'Statutes Section 609.48 as if I had signed this certificate under oath. FILED: Sept. 14, 2006 /s/ Bruce Lynn Emery, Owner (Sept. 21 28, 2006) p1 /Better Life Enterprise