HomeMy WebLinkAbout2006 07-24 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSIQN
July 24, 2006
6:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is located at
the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Discussion of Work Session Agenda Items as Time Permits
3. Miscellaneous
4. Adjourn
I
CITY COUNCIL MEETING
City of Brooklyn Center
July 24, 2006 AGENDA
l. Informal Open Forum With City Council 6:45 p.m.
—provides an opportunity for the public to address the Council on items which are not onthe
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used
to make personal attacks, to air personality grievances, to make political endorsements, or for
political campaign purposes. Council Members will not enter into a dialogue with citizens.
Questions from the Council will be for clarification only. Open Forum will not be used as a
time for problem solving or reacting to the comments made but, rather, for hearing the citizen
for informational purposes only.
—Scott and Renae Provost, 7032 Willow Lane Limit on Number of Dogs
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the meeting.
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secratary.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the consent agenda and considered at
the end of Council Consideration Items.
a. Approval of Minutes
—Councilmembers not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. July 10, 2006 Study Session
2. July 10, 2006 Regular Session
3. July 10, 2006 Work Session
ul 24 2006
J
CITY COUNCIL AGENDA -2 Y
I b. Licenses
c. Resolution Approving Change OrderNo. 1, Improvement ProjectNos. 2006-05, 06,
07 and 08, Contract 2006-B, Humboldt Avenue and Eaxle Brown Drive Street and
I Utility Improvements
8. Presentation
—Joe Bischoff, Wenck Associates, Inc. Shingle Creek Water Quality Plan, Lake TMDLs
and NPDES Phase II
9. Council Consideration Items
a. Resolution Adopting the Revised Local Water Management Plan for the City of
Brooklyn Center
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Authorizing the West Mississippi Watershed Management Commission
I to Exceed the Administrative Budget Levy Cap
•Requested Council Action:
—Motion to adopt resolution.
c. Resolution Authorizing the Shingle Creek Watershed Management Commission to
I Exceed the Administrative Budget Levy Cap
Re uested Council Action:
9
Motion to adopt resolution.
d. Resolution Approving Centerbrook Golf Course Financing Plan
•Requested Council Action:
—Motion to adopt resolution.
e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
•Requested Council Action:
—Motion to adopt resolution.
f. Resolution Accepting Bid and Awarding a Contract Improvement Project 2006-11,
I Contract 2006-E, CentraUSalt Storage Facility.
•Requested Council Action:
—Motion to adopt resolution.
10. Ad�ournment
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
July 24, 2006
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. Discussion of Random Acts of Kindness Program Councilmember O'Connor
2. Discussion of Draft Policy on Prior Authority to Purchase Items for Council Travel
3. Discussion of Massage Parlor Ordinance City Manager
4. Discussion of Liquor Ordinance Revisions Micro Brewery City Manager
5. Golf Course Audit Councilmember Niesen
Pending List for Future Work Sessions
August 14
Soil Issues 57th and Lo an Area
g
Recommendation Regarding Investment Policy Modifications per Audit (tentative
request) City Manager
August 28
Cracker Barrel Property Disposition EDA
Hotel Development
September
Charter Commission Proposed Amendments
Discussion of Fire Pension Proposal
i
MEMORANDUM
TO: City Council
FROM: Curt Boganey, v����� Manager
DATE: July 6, 2006
SUBJECT: Request for more than two dogs at residence
Background:
Renae and Scott Provost have asked d to come before the City Council to request relief
from the City Ordinance Section 1-109, which limits the number of dogs allowed within
a residential area to not more than two.
Currently the only exception to this limitation is for those individuals who possessed a
private kennel license before April 23, 2001 and have had this license renewed annually.
If a resident possessed a Private Kennel License no additional dogs could be added to the
license after Apri123, 2001.
There is no provision in the ordinance that authorizes granting an exception. It is my
opinion that for the Council to grant relief to the petitioners the Council would be
required to amend the current ordinance.
Action Requested:
This item is not placed on the agenda for action. If the Council wishes to accommodate
the request, staff should be directed to prepare an ordinance amendment.
C: Scott Bechthold
G:�Asst City Mgr\COLJNCII,.071006dogs.doc
Jt1N. 20. 2406 10:4i�AM EDINA RERLTY TITLE NWCC N0. 1915 P. 2
,�une 19, 2006
To the Braoklyn Center City Counci�,
This letter is infarm �Yie eounci� the reason wh� we would �ike to
come befare t�iem. We are asking the Council to allow us to
continue to have 5 dogs. We have three poodles, ages 12 and 2 10
year olds. We have one black Iab age Z 1/2 years and ane
chocolate lab age 1 year. We have had. the four dogs since their
births and the b1ac1� lab we tool� in at 13 months as the owner
neglected her and was gaing to ge� rid of her.
We live one a.cre river Iot at 7032 Willaw Lane. There is an empty
lot to the south of us. The 1Vlississippi River to our east, street to
the west and a neighbor to the north. By July 1 st we will have
built a 6 foot sold fence on the north side, next to the neighbar.
The south side of the lat has a fenced in poal.
'�he labs are used for hunting and the poodles are indoor dogs. The
labs are also inside dogs and are never left outside when we are not
home. We take great pride in keeping vur home and our yard in
good shape. We i�lvite anyone who haS question to stop by and
inspect our home and the dogs health. if the council needs any vet
records we vc�i11 be glad to provide them.
Thank you,
Scatt and Renae Provost
4 LI
G1T OF
BROOKLYN CENTER
R �C6K
POLICE DEPARTMENT MN
MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Kevin Benner, Lieutenant
DATE: July 3, 2006
SUBJECT: 7032 Willow Lane- Excess of Two Dogs Complaint
I have prepared a timeline of information regarding the handling of the complaint from a neighbor
about five dogs being housed at 7032 Willow Lane. Our department has investigated this matter and
has found conclusive evidence that the homeowner at 7032 Willow Lane is keeping five adult dogs at
this address in violation of Brooklyn Center Ordinance 19-104 Sub. 1. A citation was issued for this
charge to the homeowner on June 18, 2006 to address this violation in court.
A history report of 7032 Willow Lane shows no previous dog complaints to this address in the last two
years.
Timeline:
On April 3, 2006, CSO Thomas Logan responded to a neighbor complaint about five dogs being
housed at 7032 Willow Lane. This property is owned and occupied by Steve and Renae Provost. CSO
Logan spoke with the owners about having who admitted they had five dogs, but that they had been
given permission by the City to exceed the Ordinance limit. They told CSO Logan they were
grandfathered in by the City back when the Ordinance changed. The Provost's stated they were in the
process of filing for a kennel license with the City, but that the City was several months behind due to
a back log. The Provost's advised that they were having a neighbor dispute and that was the sole basis
for the complaint.
Unfortunately, CSO Logan believed this explanation for the five dogs and advised them about keeping
their dogs on their property and closed the call as a neighbor dispute.
On June 6, 20Q6, the neighbor called NLO Bald to fmd out the status of this case. It was at that time
that NLO Bald tracked down the actions taken by CSO Logan and confirmed there was no known
kennel license issued to the Provost's. CSO Logan returned to 7032 Willow Lane to discuss the kennel
license issue, but there nobody answered the door.
On June 8, 2006, CSO Logan returned to 7032 Willow Lane in an attempt to make contact with the
homeowners, but nobody answered the door. CSO Logan left a message on the Provost's home phone
to contact him and that they were violation of the Brooklyn Center Ordinance for having more than two
dogs and he needed to see the kennel license paperwork they stated they had back April.
On June 9, 2006, CSO Logan returned to 7032 Willow Lane and again received no answer at their
door. A message was again left on the Provost home phone to call CSO Logan. In that message, CSO
Logan gave them one week to address the excessive dog issue.
On June 11, 2006, CSO Logan was able to make phone contact with the Provost's. In that contact,
Scott Provost, stated the police department was always bothering them and that they would need to
drag out himself and his wife by their dead bodies before they would get rid of their dogs. CSO Logan
then was able to speak with Renae Provost. She stated she had spoken to NLO Bald back in March and
that he told her he would get all the information needed to file an appeal to keep the dogs.
(NLO Bald states this conversation did not occur.)
Rena.e Provost stated she would be bringing in all the needed paper work to NLO Bald on June 12,
2006.
On June 13, 2006, there was no contact made by the Provost, so CSO Logan contacted them and
reminded them of the June 16, 2006 deadline before a citation will be issued.
On June 16, 2006, City Clerk Sharon Knutson confirmed that the Provost's did come in to request an
appeal for the Ordinance restricting a household to two dogs, but were not granted any kennel license
or special permits. This matter was scheduled for review by the City Council on July 10, 2006 as a
result of the requests made by the Provost's, but this was not a waiver of the Ordinance.
On June 18, 2006, Scott Provost was issued a citation for housing more than two adult dogs. This
Ordinance violation has not yet been heard by the courts.
Section 1-106. STANDARDS FOR COMIlVIERCIAL KENNELS. All commercial kennels shall
be designed, operated and maintained according to the following standazds:
1. Commercial kennel floors and walls sha11 be constructed of impervious materials and a11
structures, areas, and appurtenances shall be designed to facilitate thorough and convenient
cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and
other openings to the outside shall be screened, May through October. The commercial
kennels shall be provided with adequate an.d potable water supplies and shall be equipped
with sewer facilities. Plans for all new commercial kennels and repairs or alterations to
existing commercial kennels must be filed with and approved by the City's Public Health
Sanitarian as a condition of the license.
2. Operating Standards. The licensee, its agents and employees shall operate and maintain the
kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3,
Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and
Plant Health Inspection Service, a copy of which is adopted by reference.
S ection 1-107. R.ABIES VACCINATION REQUIRED. A person who owns, harbors, or keeps a
dog over six months old within the city must have the dog vaccinated by a licensecl veterinarian with an
anti-rabies vaccine that is currently effective. A vaccination certificate is valid only for the dog and
owner to which it is issued. A person must not use a rabies vaccination certificate for a different dog
than the one for which it was issued.
Section 1-108. TAGS. A person who owns, harbors, or keeps a dog over six months old withul
the city must securely attach an identification tag or plate to the dog's collar so tha.t it can be readily
seen. The tag or plate must conta.in the name and home telephone number of the owner or other person
who is keeping the dog. The identification tag or plate must be worn by the dog at all times when it is
off the owner's or keeper's properry.
Section 1-109. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping of three (3)
or more dogs or four (4) or more cats in the family dwelling unit or on the family premises is subject to
great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and general
aesthetic depreciation, and because the irresponsible maintenance of three (3) or more dogs or four (4)
or more cats within a residential area has been the source of a variety of complaints, no family or fanuly
member shall keep, harbor, or have custody of more than two (2) dogs, or more than three (3) cats, or a
combination of more than five (5) animals exceeding six months of age in the family dwelling unit or
on the family premises. Provided, however, those persons who were issued a private kennel license
prior to Apri123, 2001, may seek renewal of their private kennel license as provided in Section 1-105.
City of Brooklyn Center 1-5 City Ordinance
2. Annlication for Private Kennel License.
a. No new private kennel license will be issued on or after Apri123, 2001. Those
persons who were issued a private kennel license prior to April 23, 2001, may seek
renewal of their private kennel license as set forth in this Chapter.
b. Renewal of License. Application for renewal of a private kennel license sha11 be made
annually on October 1 to the City Clerk who shall maintain a register of kennel
licenses. The application shall state the name and address of the applicant, the
property address or legal description of the kennel location, and the name, age, breed,
and sex of each dog to be kept. Proof of current rabies vaccination for each dog and
the applicable license fee as set forth by City Council resolution must accompany the
application. A private kennel license shall only authorize the keeping of those animals
listed on the license application approved prior to Apri123, 2001. Nothing herein shall
authorize the holder of a private kennel license fo have additional animals, beyond
those identified in the application for which the license was granted prior to April 23,
2001. At such time as the number of dogs on the licensed premises shall equal no
more than two dogs, the license shall expire. A private kennel license shall be
renewable only in the event no complaint regarding the kennel's operation has been
received during the license year. In the event that no revocation of the license is made
or contemplated by the City Council, the license sha11 be renewable as set forth in this
Chapter.
c. Standards for Auproval. An application for renewal of a private kennel license shall
be reviewed �by the City Clerk to insure compliance with this Cha.pter, with Chapter 19
of the City Ordinances, and with any condition imposed by the City Council at the
time of issuance.
d. License Revocation. In the event a complaint has been received by City officials, a
report thereof shall be made to the City Council by the City Clerk and the City Council
may direct the applicant to appear to show cause why the license should not be
revoked. A license may be revoked for violation of this Chapter, Chapter 19 of the
Brooklyn Center Ordinances, or any condition imposed by the City Council at the tirne
of issuance.
Section 1-105. STANDARDS FOR PRNATE KENNELS. A private kennel shall consist of an
enclosed space in which all animals are confined when not under restraint and constructed so as to
prevent the animals from running at large. Provision must be made to provide shelter during inclement
weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and
sanitary condition. It sha11 be unlawful to maintain a private kennel in a way which constitutes a
violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any
condition imposed by the City Council at the time the license is granted.
Ci Ordinance
Caty of Brooklyn Center 1-4 ty
City �ouncil Agenda Item No. 7a
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: July 24, 2006
SUBJECT: COiINCILMEMBER O'CONNOR: Requested Changes to Minutes
Attached are changes to the minutes of the June 10, 2006, Study Session, June 10, 2006, Regular
Session, and June 10, 2006, Work Session as requested by Councilmember O'Connor.
Attachments
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
l
--5.. v' c-.�
ta
verbatim of the discussion. She sta.ted the purpose of the minutes is to sununarize the discussion
which has been done.
Councilmember Carmody sta.ted too much time is being spent on the minutes and she would like
to approve them with only the previous changes as submitted, not with the new amendments by
Councilmember O' Connor and Councilmember Niesen because the amendments do not add to
the minutes or to the understanding of the mi.nutes.
Councilmember Lasman sta.ted the minutes should only be a summary of the meeting and do not
need to include quotes unless it is imperative to the subject.
Councilmember Carmody stated these amendments are costing the City too much money in staff
time and she would like to only make changes for errors and not opinions.
�1 c�� �r�� a�2a�c�e�
The �s of''the City Council wa� to make the following changes funderlined) to page one
of the minutes of the Joint Work Session with Financial Commission:
Internal Control Over Financial Reporting (Reporta.ble Conditionsl
Q.J o Journal Entries
C��� o Utility Billing Adjustments
o Golf Course Z Tapes
o Water Consumption
o Investment Policy
o Liquor Inventory Adjustments
Compliance and Other Matters
o Late Submittal of Re�ort of Outstanding Obli�ations to the Countv Auditor
�l 4� j o ,n i y
Councilmember O'Connor stated her disagreement with the�s
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
'DISCUSSION OF HISTORY OF NEIGHBORHOOD ADVISORY GROUPS
COUNCILMEMBER PTIESEN
Mr. Boganey stated Councilmember Niesen addressed her concerns with this item in her
memorandum.
Planning and Zoning Specialist Ron Warren discussed the history of the Riverwood Association
as a Neighborhood Advisory Group and the Earle Brown Neighborhood Advisory Group who
were formal groups that reported to the City Council during the 1960's. He stated these groups
were formally used for the revisions to the Comprehensive Plan. He stated these groups have
been periodically used for advisory input on rezoni.ng requests, however are not being used in
relation to this item. He sta.ted the 60 day rule does not allow for a neighborhood meeting to be
held.
Mr. Boganey asked if the City should continue to maintain the list of tndividuals who still serve
07/10/06 2 DRAFT
S� Ltc�� S{� SS/ a✓�
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JULY 10, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session and was called to order by Mayor
Myrna Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and
Zoning Specialist Ron Warren, Public Works Director/City Engineer Todd Blomstrom, and
Deputy City Clerk Camille Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Carmody inquired about item 7d. Resolution Approving Amendment No. 1 to
the Eastbrook Estates Subdivision Agreement, item 9a. Planning Commission Application No.
2006-008, and item 10a. Resolution Declaring a Public Nuisance and Ordering the Removal of
Diseased Trees. Tnterim City Manager Curt Boganey and Public QJorks Director/City Engineer
Todd Blomstrom responded to her inquiries.
Councilmember Lasman inquired about the indication of two families living in one unit in the
Regular June 12�' minutes, page two and asked if that is permissible. Mr. Boganey stated the
Ordinance does not set forth limita.tions on defining what a family is, however he would refer the
inquiry to the City Attorney. He explained that the building is a two family unit and one of the
units is up for renewal while the other is occupied. Councilmember Lasman requested that the
indication of single family remain listed next to the rentallicenses on the license memorandum.
Councilmember O'Connor stated she submitted changes to the minutes. After brief discussion by
the City Council, Councilmember O'Connor omitted the request for the exact number of
proposals. After discussion of Councilmember O'Connor's changes to the minutes, it was the
consensus of the City Council to add (Reportable Conditions) after Internal Control Over
Financial Reporting and add Delayed Report under Compliance and Other Matters on page one
of the Joint Work Session with Financial Commission meeting minutes.
Councilmember O'Connor asked Deputy City Clerk Camille Worley if she could hear during the
Joint Work Session with Financial Commission and stated there were many questions that were
asked that were not included in the minutes. Mayor Kragness responded the minutes are not
07/10/06 1 DR.AFT
�1. 7 2 f C1 lrl,
4. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, CARS Director
Jim Glasoe, Planning and Zoning Specialist Ron Warren, Public Works Director/City Engineer
Todd Blomstrom, and Deputy City Clerk Camille Worley
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember O'Connor stated she attended the Park and Recreation meeting where they
dol hin named Dunkin.
toured three parks. She stated the mascot was chosen to be a p
Councilmember Lasman sta.ted she attended the League of Minnesota Cities Conference in St.
Cloud on June 28�' where City Officials from throughout the State of Minnesota were in
attendance. She discussed round ta.ble discussions in which she participated in along with
workshops on eminent domain, lan.d use, Government Information Systems, community centers,
program funding changes, and legislative updates. She sta.ted she attended workshops on
immigration issues and holding successful meetings.
Councilmember Carmod� stated she also attended the League of Minnesota Cities Conference in
St. Cloud on June 28 where she attended several sessions including holding successful
meetings.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember O'Connor requested that the minutes be divided into separate items and pulled
from the consent agenda. She explained that she must abstain from voting on the xninutes from
the last meeting. She sta.ted she would like Councilmember Niesen's requested amendments
included.
Councilmember Carmody sta.ted two corrections were agreed upon during the worksession and
stated her opposition to separating the minutes from the consent agenda.
Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent
agenda and agenda wi'� amendments to the June 5, 2006, Joint Work Session With Financial
Commission minutes as submitted by Councilmember O'Connor. The following consent items
were approved as amended:
Councilmember O'Connor abstained from voting on the June 26, 2006, Study Session, June 26,
2006, Regular Session, and June 26, 2006, Work Session minutes, as she was not present at the
meetings.
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t�� �j t�-�la.�-'�
MINUTES OF THE PRQCEEDINGS OF THE CITY COUNCIL
OF TI� CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JLJLY 10, 2006
CITY HALL COUNCIL CHAMBERS
L INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Foru.m and was called to order by
Mayor Myrna Kragness at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and
Zoning Specialist Ron Warren, Public Works Director/City Engineer Todd Blomstrom, and
Deputy City Clerk Camille Worley
Mark Hostetler presented information on Brooklyn Center Community Festival and requested
support from the City. He stated the purpose of the event is to bring together different cultures
and promote a sense of community.
Scott and Renae Provost, 7032 Willow Lane requested to reschedule their appearance regarding
the limit on number of dogs until the July 24, 2006, City Council meeting.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal
Open Forum at 6:52 p.m.
Motion passed unanimously.
2. INVOCATION
Rev. G. Allen Foster, Citadel of Hope, offered a prayer as the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor
Myrna Kragness at 7:00 p.m.
07/10/06 1 DRAFT
C� }�l�'�C�`�l !�l
Jordet responded by confirming that $55,000 is included in the plan for debt service payment in
2006.
Councilmember/Commi.ssioner Carmody stated disagreement with Councilmember/
Commissioner O'Connor and sta.ted that the City should fund the proposal because the golf
course already requires improvements. She stated the golf course is worth the investment as long
as the debt is being paid.
i'�.aJ r�� �`��<<`o �c
It was the e+�se�rst� of the City Council to move this item to the regular agenda of the July 24,
2006, City Council meeting.
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carmody
seconded adjournment of the City CounciUEconomic Development Authority Work Session.
C�uncilmember/Commissioner O'Connor requested that the motion be rescinded to allow her to
discuss an issue under Miscellaneous.
Councilmember/Commissioner Lasman rescinded her motion to adjourn.
MISCELLANEOUS
Councilmember/Commissioner O'Connor inquired about a pending legal situation regarding
shoplifting at the Brookdale Ma11. Mr. Boganey discussed the status of the situation.
Councilmember/Commissioner Cazmody inquired about Councilmember/Commissioner
Niesen's memorandum regarding the appearance of Scott and Renae Provost regarding limiting
the number of dogs and stated concern that City Council discussion is not allowed prior to
receiving the information at an Informal Open Fonun.
Mayor Kragness stated it was the Council's consensus to ask Mr. Boganey to respond to
Councilmember/Commissioner Niesen and explain that it is inappropriate for Councilmembers
to engage in dialogue with a citizen during Informal Open Forum.
Councilmember/Commissioner O'Connor inquired about the OSHA inspection and the fine
assessed to the City. Mr. Boganey responded to her inquiry and stated all items with exception of
one have been resolved.
ADJOURNMENT
Councilmember/Commissioner Carmody moved and Councilxnember/Commissioner Lasman
seconded adjoumment of the City CounciUEconomic Development Authority Work Session at
7:45 p.m.
Motion passed unanimously.
07/ 10/06 2 DRAFT
vU�z—�s� s s i cfr�
MLNUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF TI� CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
JULY 10, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City CounciUEconomic Development Authority (EDA) met in Work
Session and was called to order by Mayor/President Myrna Kragness at 7:23 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, CARS Director Jim Glasoe, Director of Fiscal and Support
Services Dan Jordet, and Deputy City Clerk Camille Worley
ACTIVE DISCUSSION ITEMS:
1. Discussion of Centerbrook Golf Course Funding Recommendation
Interim City Manager Curt Boganey stated at a previous Work Session, several issues were
raised including an error on the fmancial charts. He sta.ted the pond design contributing to the
flooding on the golf course was questioned. He stated after speaking to the City Engineer, it was
determined that the pond design was not the issue; however the golf course is in the 100 year
flood plain. He sta.ted regarding the estimated revenue loss, the information has not been tracked
historically; however it is estimated to be in the hundreds to a few thousand dollars per yeaz. He
stated the proposed plan does include reimbursement for lost revenues going forward to help
fund the program. He recommended that if the City Council elects to select a financial plan, the
anticipated loss revenues be excluded from the plan because of the sma11 amount and
unpredictability.
Councilmember/Commissioner O' Connor stated the loan has not been paid back and has a
balance of $800,000. She sta.ted if $49,000 is taken from the Stormwater Fund, the fund will be
low and the rates would have to be increased. She stated she does not see any payback of the
loan in 2006 and all the golf course improvements will cost a lot of money. She suggested that
the budget for the golf course be tightened so that the fmances can be put in order.
Mr. Boganey asked Staff for confirmation that the plan is not intended to have any effect on the
debt service payment in 2006. CARS Director Jim Glasoe responded the current adopted budget
for 2006 does anticipate $55,000 loan payment. Director of Fiscal and Support Services Dan
07/10/06 1 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JULY 10, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session and was called to order by Mayor
Myrna Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O' Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and
Zoning Specialist Ron Warren, Public Works Director/City Engineer Todd Blomstrom, and
Deputy City Clerk Camille Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Carmody inquired about item 7d. Resolution Approving Amendment No. 1 to
the Eastbrook Esta.tes Subdivision Agreement, item 9a. Planning Commission Application No.
2006-008, and item 10a. Resolution Declaring a Public Nuisance and Ordering the Removal of
Diseased Trees. Interim City Manager Curt Boganey and Public Works Director/City Engineer
Todd Blomstrom responded to her inquiries.
Councilmember Lasman inquired about the indication of two families living in one unit in the
Regular June 12�' minutes, page two and asked if that is permissible. Mr. Boganey stated the
Ordinance does not set forth limitations on defining what a family is, however he would refer the
inquiry to the City Attorney. He explained that the building is a two family unit and one of the
units is up for renewal while the other is occupied. Councilmember Lasman requested that the
indication of single family remain listed next to the rental licenses on the license memorandum.
Councilmember O'Connor stated she submitted changes to the minutes. After brief discussion by
the City Council, Councilmember O' Connor omitted the request for the exact number of
proposals. After discussion of Councilmember O'Connor's changes to the minutes, it was the
consensus of the City Council to add (Reporta.ble Conditions) after Internal Control Over
Financial Reporting and add Delayed Report under Compliance and Other Matters on page one
of the Joint Work Session with Financial Commission meeting minutes.
Councilmember O'Connor asked Deputy City Clerk Camille Worley if she could hear during the
Joint Work Session with Financial Commission and stated there were many questions that were
asked that were not included in the minutes. Mayor Kragness responded the minutes are not
07/10/06 1 DRAFT
verbatim of the discussion. She stated the purpose of the minutes is to summarize the discussion
which has been done.
Councilmember Carmody stated too much time is being spent on the minutes and she would like
to approve them with only the previous changes as submitted, not with the new amendments by
Councilmember O'Connor and Councilmember Niesen because the amendments do not add to
the minutes or to the understanding of the minutes.
Councilmember Lasman sta.ted the minutes should only be a summary of the meeting and do not
need to include quotes unless it is imperative to the subject.
Councilmember Cannody stated these amendments are costing the City too much money in staff
time and she would like to only make changes for errors and not opinions.
'The consensus of the City Council was to make the following changes (underlinedl to page one
of the minutes af the Joint Work Session with Financial Commission:
Internal Control Over Financial Reporting (Renorta.ble Conditionsl
o Journal Entries
o Utility Billing Adjustments
o Golf Course Z Tapes
o Water Consuxnption
o Investment Policy
o Liquor Inventory Adjustments
Compliance and Other Matters
o Late Submittal of Renort of Outstandin� Obli�ations to the Countv Auditor
Councilmember O'Connor sta.ted her disagreement with the consensus.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
DISCUSSION OF HISTORY OF NEIGHBORHOOD ADVISORY GROUPS
COUNCILMEMBER 1�TIESEN
Mr. Boganey stated Councilmember Niesen addressed her concerns with this item in her
memorandum.
Planning and Zoning Specialist Ron Warren discussed the history of the Riverwood Association
as a Neighborhood Advisory Group and the Earle Brown Neighborhood Advisory Group who
were formal groups that reported to the City Council during the 1960's. He stated these groups
were formally used for the revisions to the Comprehensive Plan. He stated these groups have
been periodically used for advisory input on rezoning requests, however are not being used in
relation to this item. He stated the 60 day rule does not allow for a neighborhood meeting to be
held.
Mr. Boganey asked if the City should continue to maintain the list of individuals who still serve
07/10/06 2 DRAFT
on neighborhood advisory groups or inform them that the City does not use neighborhood
advisory groups; however the City has moved to the use of task forces.
Further Council discussion followed.
Mr. Warren stated the last formal neighborhood advisory group meeting was regarding the
Movie Theater in 1999.
Mayor Kragness stated the City Council consensus was to discontinue the neighborhood
advisory groups and notify the interested individuals that the City now uses task forces for
individual issues.
Mr. Boganey stated the City would invite those interesfed individuals to inform the City of their
interest in serving on future task forces as needed.
REVIEW OF CVS FENCE DECISION COUNCILMEMBER O'CONNOR
Councilmember O'Connor expressed her concern that a gap was left in the fence and sta.ted she
would like to avoid the type of situation in the future.
Mr. Boganey explained that the plans submitted to the Planning Commission and City Council
only showed a fence behind CVS. The resolution adopted by the City Council required that a
fence be constructed behind the dental clinic.
Mr. Warren explained the fence was intended for screening purposes while residents may have
expected the fence to provide security.
Mr. Boganey explained that in the future the City Council could require that the fences be
connected; however each decision should probably be made on a case-by-case basis.
Staff explained that CVS has constructed a connecting fence and a11 parties appear to be
satisfied.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Cazmody seconded to close the Study
Session at 6:45 p.m.
Motion passed unanimously.
City Clerk Mayor
07/10/06 3 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 10, 2006
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM,
The Brooklyn Center City Council met in Inforxnal Open Forum and was called to order by
Mayor Myrna Kragness at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and
Zoning Specialist Ron Warren, Public Works Director/City Engineer Todd Blomstrom, and
Deputy City Clerk Camille Worley
Mark Hostetler presented information on Brooklyn Center Community Festival and requested
support from the City. He sta.ted the purpose of the event is to bring together different cultures
and promote a sense of community.
Scott and Renae Provost, 7032 Willow Lane requested to reschedule their appearance regarding
the limit on number of dogs until the July 24, 2006, City Council meeting.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal
Open Forum at 6:52 p.m.
Motion passed unanimously.
2. INVOCATION
Rev. G. Allen Foster, Citadel of Hope, offered a prayer as the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor
Myrna Kragness at 7:00 p.m.
07/10/06 1 DRAFT
4. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, CARS Director
Jim Glasoe, Planning and Zoning Specialist Ron Warren, Public Works Director/City Engineer
Todd Blomstrom, and Deputy City Clerk Camille Warley
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember O'Connor sta.ted she attended the Park and Recreation meeting where they
toured three parks. She stated the mascot was chosen to be a dolphin named Dunkin.
Councilmember Lasman stated she attended the League of Minnesota. Cities Conference in St.
Cloud on June 28�' where City Officials from throughout the Sta.te of Minnesota. were in
attendance. She discussed round table discussions in which she participated in along with
workshops on eminent domain, land use, Government Information Systems, community centers,
program funding changes, and legislative updates. She stated she attended workshops on
immigration issues and holding successful meetings.
Councilmember Carmod stated she also attended the League of Minnesota Cities Conference in
St. Cloud on June 28� where she attended several sessions including holding successful
meetings.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember O'Connor requested that the minutes be divided into separate items and pulled
from the consent agenda. She explained that she must abstain from voting on the minutes from
the last meeting. She stated she would like Councilmember Niesen's requested amendments
included.
Councilmember Carmody stated two corrections were agreed upon during the worksession and
stated her opposition to separating the minutes from the consent agenda.
Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent
agenda and agenda with amendments to the June 5, 2006, Joint Work Session With Financiai
Commission minutes as submitted by Councilmember O'Connor. The following consent items
were approved as amended:
Councilmember O'Connor abstained from voting on the June 26, 2006, Study Session, June 26,
2006, Regulaz Session, and June 26, 2006, Work Session minutes, as she was not present at the
meetings.
07/ 10i06 2 DRAFT
1. May 22, 2006 Study Session
2. June 5, 2006 Joint Work Session With Financial Commission
3. June 12, 2006 Study Session
4. June 12, 20Q6 Regular Session
5. June 26, 2006 Study Session
6. June 26, 2006 Regular Session
7. June 26, 2006 Work Session
7b. LICENSES
AMUSEMENT DEVICE
Rega1 Cinemas 6420 Camden Avenue North
GARBAGE HAULER
Anamax Transportation Corporation 505 Hardman Avenue, South St. Paul
As en Waste S stems Inc. 2951 Weeks Avenue SE, Minneapolis
P
Y
Farmers Union Industries LLC
dba Midwest Grease P. O. Box 26, Redwood Fa11s
Randy's Sanitation, Inc. P. O. Box 169, Delano
Waste Management Blaine 10050 Naples Street NE, Blaine
MECHANICAL
Condor Fireplace and Stone 8282 Arthur St NE, Spring Lake Paxk
Joel Smith Heating A/C 4920 173rd Ave, Ham Lake
Residential Heating A/C 1815 East 41 st Street, Minneapolis
United Heating A/C 1295 Hackamore Road, Medina
RENTAL
Renewal
824 69�' Ave N Joseph Roche
NONE
7018 Brooklyn Blvd Nelia Schaff
5 DISTURBING PEACE
3907 Burquest Lane Malcolm Vinger
NONE
5412 12 %Z Fremont Ave N Gary Anakkala
NONE
6749 Humboldt Ave N Suburban Properties
1 DISORDERLY CONDUCT
(There were no calls for service for the following)
6757 Huxnboldt Ave N Suburban Properties
6761 Humboldt Ave N Suburban Properties
6773 Humboldt Ave N Suburban Properties
3900 Janet Lane Keith Carlson
07/10/06 3 DRAFT
Initial
(There were no calls for service for the following)
3006 63 Ave N William Hill
2100 69�' Ave N Barbara Romashko
5342 70�' Circle Nick Mbuba
6724 Drew Ave N John Hodgkins
4507 Kathrene Drive Theophilus Nyumah
SIGNHANGER
Sign A Rama 1050 33rd Ave SE, Minneapolis
7c. RESOLUTION NO. 2006-80 APPROVING CHANGE ORDER NO. 1,
IMPROVEMENT PROJECT NOS. 2006-01, 02, 03, AND 04, CONTRACT
2006-A, CENTERBROOK AREA NEIGHBORHOOD STREET AND
UTILITY IMPROVEMENTS
7d. RESOLUTION NO. 2006-81 APPROVING AMENDMENT NO. 1 TO THE
EASTBROOK ESTATES SUBDIVISION AGREEMENT
A vote was taken.
Aye: Mayor Kragness, Councilrnembers Carmody and Lasman.
Nay: Councilmember O' Connor.
Motion passed.
8. PRESENTATION
—Martha Sinoe, President of Organization of Liberians in Minnesota
The presentation was not given for lack of appearance.
9. PLANNING COMMISSION ITEM
9a. PLANNING COMMISSION APPLICATION NO. 2006-008 SUBNIITTED BY TJB
HOMES REQUESTING SITE AND BUILDING PLAN APPROVAL FOR AN
8,000 SQ. FT. ONE STORY OFFICE BiTILDING AND A SPECIAL USE PERMIT
TO ALLOW THE PLACEMENT OF FILL BELOW THE 100 YEAR FLOOD
ELEVATION AT 1701 JAMES CIRCLE. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 29, 2006,
MEETING.
Interim City Manager Curt Boganey explained that the application is for a site building approval
and special use permit. He stated the Planning Commission recommended approval subject to
the listed conditions.
07/10/06 4 DRAFT
Councilmember Lasman moved and Councilmember O' Connor seconded approval of Planning
Commission Application No. 2006-008 subject to the following conditions recommended by the
Planning Commission:
l. The buiiding plans are subject to review and approval by the Building Official with respect to
applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval by the
City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
deternuned based on cost estimates shall be submitted prior to the issuance of permits to
assure the completion of site improvements.
4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA
standards and shall be connected to a central monitoring device in accordance with Chapter 5
of the City Ordinances.
6. An underground irrigation system shall be installed in a11 landscape areas to facilitate site
maintenance.
7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City
Ordinances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to the release of the performance guarantee.
10. All work performed and materials used for construction of utilities shall conform to the City
of Brooklyn Center current Standard Specifications and Details.
11. Appropriate erosion and sediment control devices shall be provided on site during
construction as approved by the CiTy Engineering Department.
12. The applicant shall obtain an NPDES permit from the Minnesota PCA prior to disturbing the
site.
13. A special use permit is granted for the placement of fill in areas below the 100 yeax flood
elevation based upon the acceptance of an appropriate flood mitigation plan providing
acceptable compensatory storage as approved by the City Engineer. Said approval shall take
into consideration appropriate comments from the Minnesota DNR and the Watershed
Management Commission.
07/14/06 5 DR.AFT
14. This special use pernut is subject to all applicable codes, ordinances and regulations. Any
violation thereof sha11 be grounds for revocation.
15. T'he property owner shall enter into a utility maintenance agreement as approved by the City
Engineer prior to the issuance of building permits.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2006-81 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
Mr. Boganey explained that the resolution follows the policy established by the City regarding
diseased tress. He stated similar requests will be made throughout the summer.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of Resolution
No. 2006-81 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
A vote was taken.
Aye: Mayor Kragness, Councilmernber Carmody and Councilmember Lasman.
Nay: Mary O' Connor.
Motion passed.
Mayor Kragness inquired as to why Councilmember O'Connor voted against the item.
Councilmember O'Connor responded the Elm disease has won and most of the Elm trees have
died. She stated she would like to see any trees with leaves remain throughout the suminer for
purposes of shade. She stated the residents should be allowed time to remove the trees on their
own. She stated the winter months would be a better time for tree removal.
Councilmember Lasman asked that it be verified that the State of Minnesota requires removal of
all diseased trees.
lOb. RESOLUTION NO. 2006-82 AUTHORIZING SOLICITATION OF BIDS FOR
THE REPLACEMENT OF PUMP ENGINE NO. 6 IN THE FIRE DEPARTMENT
Mr. Boganey explained that the request is for staff to send out a Request for Proposal for a new
Pump Engine. He stated funding is included in the Capital Improvement Plan. He stated the
existing equipment is approximately 20 years old and due for replacement. He explained that
there has been a spike in steel prices and the longer the City waits, the more the engine will cost.
He stated once the proposals are received, the City Council will have a chance to review the item
before the engine is purchased.
07/10/06 6 DRAFT
II
Councilmember Carmody moved and Councilmember Lasman seconded adoption of Resolution
No. 2006-82 Authorizing Solicita.tion of Bids for the Replacement of Pump Engine No. 6 in the
Fire Department.
Motion passed unanimously.
lOc. AN ORDINANCE AMENDING ORDINANCE NO. 2004-13 REGARDING
COUNCIL SALARIES FOR 2007-2008
Mr. Boganey explained that the City Council is not authorized to increase its own salary,
however are given the opportunity to set salaries for future City Councils. He stated the
Financial Commission recommended a zero increase in 2007 and a 2% increase in 2008.
Councilmember Lasman moved and Councilmember Carmody seconded Motion to approve the
first reading of ordinance and set second reading and Public Hearing for August 14, 2006.
Motion passed unanimously.
11. ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 7:20 p.m.
Motion passed unanimously.
City Clerk Mayor
07/10/06 7 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
JULY 10, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City CounciUEconomic Development Authority (EDA) met in Work
Session and was called to order by Mayor/President Myrna Kragness at 7:23 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary
O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim
City Manager Curt Boganey, CARS Director Jim Glasoe, Director of Fiscal and Support
Services Dan Jordet, and Deputy City Clerk Camille Worley
ACTIVE DISCUSSION ITEMS:
1. Discussion of Centerbrook Golf Course Funding Recommendation
Interim City Manager Curt Boganey stated at a previous Work Session, several issues were
raised including an error on the financial charts. He stated the pond design contributing to the
flooding on the golf course was questioned. He stated after speaking to the City Engineer, it was
determined that the pond design was not the issue; however the golf course is in the 100 year
flood plain. He stated regarding the estimated revenue loss, the information has not been tracked
historically; however it is estimated to be in the hundreds to a few thousand dollars per year. He
sta.ted the proposed plan does include reimbursement for lost revenues going forward to help
fund the program. He recommended that if the City Council elects to select a financial plan, the
anticipated loss revenues be excluded from the plan because of the small amount and
unpredictability.
Councilmember/Commissioner O'Connor stated the loan has not been paid back and has a
balance of $800,000. She stated if $49,000 is taken from the Stormwater Fund, the fund will be
low and the rates would have to be increased. She stated she does not see any payback of the
loan in 2006 and all the golf course improvements will cost a lot of money. She suggested that
the budget for the golf course be tightened so that the finances can be put in order.
Mr. Boganey asked Staff for confirmation that the plan is not intended to have any effect on the
debt service payment in 2006. CARS Director Jim Glasoe responded the current adopted budget
for 2006 does anticipate $55,000 loan payment. Director of Fiscal and Support Services Dan
07/10/06 1 DRAFT
Jordet responded by confirming that $55,000 is included in the plan for debt service payment in
2006.
Councilmember/Commissioner Carmody stated disagreement with Councilmember/
Commissioner O'Connor and stated that the City should fund the proposal because the golf
course already requires improvements. She stated the golf course is worth the investment as long
as the debt is being paid.
It was the consensus of the City Council to move this item to the regulaz agenda of the July 24,
2006, City Council meeting.
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Carmody
seconded adjournment of the City CounciUEconomic Development Authority Work Session.
Councilmember/Commissioner O' Connor requested that the motion be rescinded to allow her to
discuss an issue under Miscellaneous.
Councilmember/Commissioner Lasman rescinded her motion to adjourn.
MISCELLANEOUS
Councilmember/Commissioner O'Connor inquired about a pending legal situation regarding
shoplifting at the Brookdale Mall. Mr. Boganey discussed the status of the situation.
Councilmember/Commissioner Carmod in uired about Councilmember/Commissioner
Y q
Niesen's memorandum regarding the appearance of Scott and Renae Provost regarding limiting
the number of dogs and stated concern that City Council discussion is not allowed prior to
receiving the information at an Informal Open Forum.
Mayor Kragness stated it was the Council's consensus to ask Mr. Boganey to respond to
Councilmember/Comrnissioner Niesen and explain that it is inappropriate for Councilmembers
to engage in dialogue with a citizen during Informal Open Forum.
Councilmember/Commissioner O'Connor inquired about the OSHA inspection and the fine
assessed to the CiTy. Mr. Boganey responded to her inquiry and stated all items with exception of
one have been resolved.
ADJOURNMENT
Councilmember/Commissioner Carmody moved and Councilmember/Commissioner Lasman
seconded adjournment of the City CounciUEconomic Development Authority Work Session at
7:45 p.m.
Motion passed unanimously.
07/10
/06 2
DRAFT
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk �„�/�I�
DATE: July 19, 2006
B f r cil A roval
SU JECT: Licenses o Coun
PP
The following companies/persons have applied for City licenses as noted. Each company/person
has fulfilled the requirements of the City Ordinance governing respective licenses, submitted
appropriate applications, and paid proper fees. Licenses to be approved by the City Council on
July 24, 2006, are as follows:
MECHANICAL
Sabre Heating A/C 3062 Ranchview Lane, Plymouth
RENTAL
Renewal
Earle Brown Farm Apts (4 Bldgs, 120 Units) Earle Brown Farm Apts
3 Dist Peace
4408 69�" Ave N(1 Bldg, 4 Units) Eugene Diane Wright
NONE
6706 Bryant Ave N(Single Family) Somphong Thammavangsa
NONE
6406 Indiana Ave N(Single Family) William Coleman
NONE
6920 Lee Ave N(Single Family) Ronald Stenscie
NONE
Unity Place Townhomes (100 Units) CHDC LTD Partnership
1 Assault, 12 Dist Peace, 1 Burglary, 1 Weapons,
1 Crimes against Family, 1 Fire, 2 Auto Theft, and 1 Alarm.
Initial
(There were no calls for service for the following)
4013 61 Ave N(Single Family) Toua Vang
3413 62 Ave N(Single Family) Lee Mixson
419 67 Ave N(Single Family) John Stalock
6418 Kyle Ave N(Single Family) Edward Roe
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityofbrooklyncenter.org
City Council Agenda Item No. 7c-
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 18, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 2006-05,
06, 07 and 08, Contract 2006-B, Humboldt Avenue and Earle Brown Drive Street
and Utility Improvements
On May 8, 2006, the City of Brooklyn Center entered into Contract 2006-B with Hardrives, Inc. for
completion of the Humboldt Avenue and Earle Brown Drive Street and Utility Improvement project.
During the initial preparation phase of construction, utility personnel identified a potential concern
with the temporary water system along Humboldt Avenue. Due to potential water supply issues
specific to Humboldt Avenue, staff investigated the need for a more robust temporary water system
to maintain water service along Humboldt Avenue during the replacement of the permanent water
main.
The City has specified 2'/2 inch diameter hose-type temporary water main material for city
improvement projects over the past several years. Utility staff had concerns with this application
along Humboldt Avenue due to potential vandalism problems and higher than normal water demand
issues. After discussing available options, the Contractor agreed to provide 4-inch diameter hard
plastic water main pipe with tamper proof control valves for the temporary water system along
Humboldt Avenue. The Contractor offered to provide these additional materials at their purchase
price and indicated that the City can keep the piping and materials upon completion of the project.
These materials would be available for use in future water main replacement projects where
vandalism and higher water demand may be anticipated. The cost for the upgraded temporary water
system materials as specified in the attached copy of Change Order No. 1 is $10,442.35.
Attached for consideration is a City Council resolution approving Change Order No. 1 for the
Humboldt Avenue and Earle Brown Drive Street and Utility Improvement Project, Contract 2006-B.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
I
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT
PROJECT NOS. 2006-05, 06, 07 and 08, CONTRACT 2006-B, HUMBOLDT
AVENUE AND EARLE BROWN DRIVE STREET AND UTILITY
IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, Hardrives, Inc. of Rogers, Minnesota was instructed to complete additional work as
itemized on Change Order No. 1 for Contract 2006-B; and
WHEREAS, said additional work was not included in the original Contract, but was
deemed necessary to properly complete construction for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of
Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $10,442.35 is hereby
approved. The revised contract amount shall be as follows:
Original Contract Amount 1,625,909.76
Change Order No. 1 10,442.35
Revised Contract Amount 1,636,35211
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
City of Brooklyn Center
CHANGE ORDER NO. 1
Contractor: Hardrives, Inc. June 28, 2006
Address: 14475 Quiram Drive
Rogers, MN 55374-9461
Project: Humboldt Avenue and Earle Brown Drive
Street and Utility Improvements
Improvement Project No. 2006-05, 06, 07 and 08
Contract No. 2006-B
In accordance with the terms of this Contract, the Contractor is hereby authorized and instructed to perform
the work as altered by the following provisions.
The following items were not included in the unit price proposal form or deemed to be necessary to
complete the project according to the intended design. Change Order No. l resolves all outstanding
contract adjustment claims from the Contractor for work completed through July 28, 2006 for Contract
2006-B.
1. Temporary Water System
The contract documents specify 2%z inch diameter mainline distribution pipe for the temporary
water systems to be used to maintain water service for properties adjacent to Humboldt Avenue
during replacement of water main. Based on potential vandalism issues and water demands for
some structures along the west side of Humboldt Avenue, the Owner has determined that 4-inch
diameter PVC temporary water pipe and gate valves should be used for the temporary water
system. The Contractor has requested a lump sum total contract price adjustment for said material
change for the temporary water system within the project of 10, yyZ. 3S �tp�'�+
The lump sum price adjustment shall include all materials, labor and equipment to furnish, install,
operate, salvage and remove the temporary water system along Humboldt Avenue consisting of 4-
inch diameter SDR 26, PVC water pipe, 4-inch diameter gate valves, and all miscellaneous
connections, fittings, reducers, couplings and connectors to provide a complete and operational
temporary water system along the Humboldt Avenue portion of the project area. Installation shall
include connection to the existing water service lines within or near the public right-of-way. The
Owner shall have salvage rights to the temporary water system upon completion of the project.
The Contractor shall deliver all salvaged temporary water system items to the Brooklyn Center
Public Works Facility. All temporary water service items not salvaged by the Owner shall be
removed and disposed of by the Contractor.
Total Cost: $10,442.35
TOTAL CHANGE ORDER NO. 1 $10,442.35
Original Contract Amount 1,625,909.76
Change Order No. 1 10.4�2.35
Revised Contract Amount 1,636,352.11
Page 1 of
Change Order No. 1
Conn•act 2006-B
June 28, 2006
CHANGE IN CONTRACT TIME
The Contract completion date is not chan�ed due to the items noted above.
Accepted: HARDRIVES, I�'C. Approved: CITY OF BROOKLYN CENTER
By �V' By:
Contractor's Authorized F�epresentative City Manager
Date: s Date:
By:
Director of Public Works
Date:
Page 2 of 2
City Council Agenda Item No. 8
r
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 18, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works 'f
SUBJECT: Presentation on Shingle Creek Watershed Management Commission Water
Quality Plan and TMDL Studies
The Shingle Creek Watershed Management Commission is currently developing a Water Quality
Plan and Total Maximum Daily Load (TMDL) studies to address water quality concerns in the
Shingle Creek Watershed. The results of these initiatives will provide a scientific understanding
of water quality issues throughout the watershed and a framework for selecting management
activities designed to bring the impaired waters into compliance with State water quality
standards.
Joe Bischoff from Wenck Associates has requested an opportunity to provide a brief presentation
to the City Council outlining the current water quality studies being conducted by the Shingle
Creek Watershed Management Commission. Mr. Bischoff will also provide a summary of the
TNIDL process being utilized by the Watershed Commission in the development of their Water
Quality Plan.
Following the presentation, Mr. Bischoff and City staff will be available to address questions and
receive comments from the City Council.
le r k r Recreation and Communit Center Phone TDD Number
6301 Shan C ee Pa kwa y
g y
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Num6er (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fbrooklyncenter. org
The Shingle Creek Water Quality Plan, Lake TMDLs and NPDES Phase II
Joe Bischoff
Wenck Associates, Inc.
The Shingle Creek Watershed Management Commission is currently developing a Water
Quality Plan and Capital Improvement Program to address water quality concems in the
Shingle Creek Watershed.
In support of these efforts, the State of Minnesota has provided funds for development of
TMDLs for impaired waters in the Shingle Creek watershed, including excess nutrient
impairments in lakes as well as chloride in Shingle Creek. The results of the TMDLs will
provide the scientific understanding and framework for selecting capital proj ects and
management activities designed to bring the impaired waters into compliance with State
water quality standards.
However, not all of the projects will be capital in nature; rather, many of the activities
will involve management of the natural systems for water quality, especially in shallow
lakes.
Shallow lakes have received considerable attention over the last decade as demonstrating
unique characteristics from their deeper counterparts. A healthy shallow lake has clear
water and is dominated by native aquatic plants that provide habitat for fish and
zooplankton. Degraded shallow lakes demonstrate turbid waters dominated by algae.
Shallow lakes do not respond as readily to nutrient reductions, largely because of
sediment and nutrient resuspension from wind action, carp activity, and invasive nuisance
plant species such as curly leaf pondweed.
Recent studies suggest that restoration of a shallow lake may require more than simply
reducing nutrient loads, but also may require biomanipulation, or changing the biological
structure of the lake. Either way, a healthy shallow lake will have a significant aquatic
plant community that is often perceived as an inhibitor to recreation.
Understanding the ecology of shallow lakes is critical to developing TMDLs that are both
appropriate and effective for restoring shallow lakes. Here we will present some
examples of the effects of shallow lake ecology on the development of excess nutrient
TMDLs in the Shingle Creek watershed. We will also outline the TMDL process being
utilized by the Shingle Creek Commission in the development of their Water Quality
Plan and Capital Improvement Program and discuss the role of the Cities in the program
including NPDES Phase II requirements for stormwater.
J:�,Shingle Creek\TMDLs�LakeTMDL�Shallow Lake Abstract 2.doc
City Council Agenda Item No. 9a
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 18, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Adopting the Revised Local Water Management Plan for the City of
Brooklyn Center
The Shingle Creek and West Mississippi Watershed Management Commissions adopted a
Second Generation Watershed Management Plan on May 13, 2004. Member cities are required
to update their Local Water Management Plans (LWMP) to be in compliance with the
Watersheds' Second Generation Plan within two years from adoption.
On October 10, 2005 the Brooklyn Center City Council authorized an engineering consultant to
revise the City's Local Water Management Plan in accordance with the watershed requirements.
The Local Water Management Plan was revised in compliance with Minnesota Statutes 8410 and
103B.235 as well as the standards set forth by the Shingle Creek and West Mississippi
Watershed Management Commissions. The revised plan was submitted to the Watershed for
approval on March 7, 2006. The Watershed Commissions approved the revised Local Water
Management Plan for Brooklyn Center on June 8, 2006.
The revised Local Water Management Plan contains the following information.
Section 1— Introduction, provides a description of the general purpose and scope of the
revised LWMP.
Section 2— Land and Water Resource Inventory, describes the physical environment
including watersheds and drainage patterns, dominant land uses, and significant water
bodies within the City.
Section 3— Goals and Policies, lists the City's goals and policies along with public agency
requirements affecting surface water management in the City.
Section 4— System Assessment, describes the existing stormwater management system in
the City and details the various assessments of problems in the existing system.
Section 5— Implementation Plan, covers regulatory responsibilities, priority implementation
items, operation and maintenance, and financing considerations.
6301 Shingle Creek Parkway Recreation and Community Center Phone 7'DD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
w ww. cityo fb rooklyncenter. org
Section 6— Suminary and Recommendations, contains a summary of the LWNIP and
provides recommendations for implementing the Plan.
Appendix A— Minimum Engineering Standards for Storm Water Conveyance and
Management, provides a summary of storm water management design standards for
development and redevelopment projects located within the City of Brooklyn Center.
Attached for consideration is a City Council resolution adopting the revised Local Water
Management Plan. Copies of the LWMP will be available for review at the City Council
meeting.
i
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE REVISED LOCAL WATER MANAGEMENT
PLAN FOR THE CITY OF BROOKLYN CENTER
WHEREAS, the City of Brooklyn Center was required to prepared a revised Local
Water Management Plan in compliance with Minnesota Statutes 8410 and 103B.235 as well as the
standards set forth by the Shingle Creek and West Mississippi Watershed Management
Commissions; and
WHEREAS, a revised Local Water Management Plan was prepared by Bonestroo
Associates under the direction of the City Engineer; and
WHEREAS, the revised Local Water Management Plan was approved by the Shingle
Creek and West Mississippi Watershed Management Commissions on June 8, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the revised Local Water Management Plan for the City of Brooklyn Center is
hereby adopted for use as a guidance document for future storm water management activities within the
City.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 9b
I
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE WEST MISSISSIPPI WATERSHED
MANAGEMENT COMMISSION TO EXCEED THE ADMINISTR.ATIVE BUDGET LEVY
CAP
WHEREAS, the City of Brooklyn Center is a member of the West Mississippi
Watershed Management Commission, a Minnesota joint powers organization, organized
pursuant to Minnesota Statutes, Section 471.59 and Section 103B.211 (the "Commission"); and
WHEREAS, the Joint Powers Agreement establishing the Commission provides
that the Commission's an.nual levy to the cities for its administrative budget may not exceed a
cap, which, for calendar year 2007, is in the amount of $126,650 without the consent of a
majority of the city members; and
WHEREAS, the Commission has requested the approval by the member cities of
a levy for its administrative budget which exceeds the cap by the amount of $3,950, for a total
assessment of $130,600; and
WHEREAS, the City Council has determined that it is reasonable, appropriate,
and in the best interests of the public to approve the proposed levy for the administrative budget
requested by the Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, as follows:
1. The City Council approves the total levy by the West Mississippi Watershed
Management Commission for calendar year 2007 for its administrative budget in the
amount of $130,600.
2. The City Clerk is directed to forward a copy of this resolution to the recording secretary
of the Commission.
Julv 24, 2006
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
3 Fernbrook Lane N• Plymouth, MN 55447
Phone (�63) 553- F� �7 553-93
��f
�aw�.�ct.�ewt Cew,.a,�.tss�c� www.shinglecreek.org
DATE: June 29, 2006
TO: Mayors, City Managers and City Administrators of Member Cities
of the West Mississippi Watershed Management Commission
FROM: Judie A. Anderson, Administrator
RE: West Mississippi Watershed Management Commission
2007 Operating Budget
At its last regular meeting and at a special meeting held on June 29, 2006, the West Mississippi Watershed
Management Commission ("Commission") adopted its general fund budget for calendar year 2007. Copies
of the budget and of the proposed assessment against each member city are attached.
Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a
member city may object to the budget by giving written notice to the Commission before August 1, 2006.
If any objection is received, the Commission will hear the objections and may modify the budget.
A recently adopted amendment to the Joint Powers Agreement also sets an "assessment cap" on the
Commission's administrative budget. The budget cap can only ���ded if the city councils of a
majority of the Commission members adopt resolutions approving the higher assessment prior to
September 1, 2006. If a majority of the cities do not approve the higher levy, the Commission's budget
will be limited to the cap.
The amount of the cap for 2007 will be $126,650. The amount of the proposed administrative budget lery
is $130,600. Therefore, consent of a majority of the member cities is required. The amount by which the
proposed administrative levy exceeds the cap is recommended by the Commission to cover some of the
costs of the activiries on the following list. These items were recommended in the Water Quality Plan
(WQP) and are part of the Commission's ongoing efforts to monitor and improve water quality and
implement TNIDLs. They directly relate to cities' NPDES permits and nondegradation requirements.
Education Grants. With the expansion of this program to associations, nonprofits,
scouting groups, etc., we are seeing more interest in the grant program. It is
recommended that the size of the program be increased to double the number of grants
from 6 to 12 ($3,000 each in Shingle Creek and West Mississippi).
Wetland Monitorine. The Commission has to date performed no wetland monitoring.
Hennepin County Environmental Services manages a program called the Wetland Health
Evaluation Program (WHEP) that trains volunteers to monitor wetland vegetation and
other indicators. It is proposed that two key sites in Shingle Creek and two sites in West
Mississippi be monitored, with emphasis given to finding sites that may be impacted by
excess chloride. T'he cost would be $2,000 for each Commission, which includes $800
per site for HCES services and staff time to evaluate results:
The Commission has approved the proposed budget and requests approval of the member cities to exceed
the cap for calendar year 2007 in the amount stated above.
r
Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo
\r
yti
�1��� f �F 2`
r,zr, c. �a�:�r,r�e,�t l'cn�.:��sste��
Your cooperation in continuing the important wark of the Commission is geatly appreciated.
A draft form of resolution approving the assessment above the cap is attached for your convenience.
Questions may be directed to this office or to your representative.
JAA:tim
Enclosures
Cc: Commissioners via email
Commission Staff via email
J:\WestMiss�F'inancials07�L,etter to cities.doc
i
Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo
West Mississippi Watershed Management Commission
2007 Operating Budget
A roved A roved A roved
Approved
A roved
pp pp pp pp Additional
2004 2005 2006 2007 �tems 2007
INCOME
1 _Applicationfees ___$12_000___ ___$12_000_ $12,000 $12,000
2 Wetland reviews 0 0 0
3 Interest income 1,000____ _____1 1,300__ 2
Stream corridor �rant
5 Reserve 43,250 26,750 12,550
125,600
---------------p--------------------------------
7 _Assessment out reserve use_ 15 30,000
8 Assessment above cap 0 0 3,950
TOTAL INCOME $132,450 $132,700 $136,200 $139,600 $5,000
EXPENSES
OPERATIONS
Administration:
9 Administrative Services 25 25_500 30,000 __30,800____
10 _Engineering Support 4,500 __4
11__ Administration ____18_000 18_360 18_200___ ___18,700
12 ManagementPlan _____5_100 ____5,100 5,000
Grant Writin g--------------------------------- 2,500 2:500
14_ Field Inspection
15------ Le�al Services 7,500 7_500
Project Reviews:
16 En�ineering 20 000 20_400 20 20,500
17 Administration 3,000 3,060 3,100 3,150
Miscellaneous:
1 _250
19 Audit _____1,500 _____1 ____5,000___ ____5_000
1:500
21 Insurance Bonding 2
22 Meeting Expense 1,000 1,020 1,050 1,200
SUBTOTAL OPERATIONS M $96,700 $94,950 $97,200 $99,900
r
6/29/06 [Path]WM 2007 Approved budget.xlsBudget
West Mississippi Watershed Management Commission
2007 Operating Budget
Approved Approved Approved Approved Approved
2004 2005 2006 2007 Additional
Items 2007
MONITORING AND INFO GATHERING
23 Volunteerstream monitoring_ 2 _____2.000 ___1,000 1,000
2,000
24 Volunteer wetland monitoring
SUBTOTAL MONITORING $2,000 I $2,000 $1,000 I $1,000 $2,000
EDUCATION AND PUBLIC OUTREACH
25 Education Pro�ram 15_000 17 25
26 Web site 3,750 3,750
27 NPDES 2 _____2
28 Education Grants 2,500 2,500 3,000 3,000 3,000
SUBTOTAL EUCATION $23,750 $25,750 $28,000 $28,700 N $3,000
MANAGEMENT PLANS
29 Oxbow Creek/Other Stream Assessment 5
30 Future Wetland Protect and Preserve plan 5,000
SUBTOTAL MGMT PLANS I $0 $0 I $5,000 $5,000 $0
33 Contribution to constNgrant match 10,000 10,000 5,000 5,000
�TAL OPERATING EXPENSE $132,450 $132,700 $136,200 $139,600 $5,000
CAPITAL IMPROVEMENT PROJECTS
31
I rora� c�P I $o I �o $0 1 $o I $o
6/29/06 [Path]WM 2007 Approved budget.xlsBudget
West Mississippi Watershed Management Commission
2007Member Assessments
2005
Cost Allocation Cost Based
2004 Tax Total Cost
Community Acreage Capacity Based on Area on Tax Capacity
%age Dollars %age Dollars °loage Doltars
Brooklyn Center 1,660 5,553,748 10.46% 4,861.28 12.17% 5,655.92 11.31% 10,517.20
Brooklyn Park 9,880� 22,680,190 62.26% 28,933.40 49.70%� 23,097.45 55.98% 52,030.84
Champlin 3,620� 14,595,036 22.81% 10,601.10 31.98%� 14,863.55 27.40% 25,464.65
Maple Grove 530 1,978,521 3.34% 1,552.10 4.34% 2,014.92 3.84%� 3,567.02
Osseo 180 827,933 1.13%� 527.13 1.81% 843.16 1.47% 1,370.29
Totals 15,8701 45,635,428 100.00%� 46,475.00I 100.00%I 46,475.00� 100.00%� 92,950.00
2006
Cost Allocation Cost Based
2005 Tax Total Cost
Community Acreage Capacity Based on Area on Tax Capacity
%age Dollars %age Dollars %age Dollars
Brooklyn Center 1,660 6,086,553� 10.46%� 5,771.30� 11.74%� 6,475.62� 11.10% 12,246.92
Brooklyn Park 9,880 26,723,178� 6226% 34,349.65� 51.53% 28,431.37� 56.89% 62,781.03
Champlin 3,620 16,214,190� 22.81% 12,585.60� 31.27% 17,250.63 27.04% 29,836.23
Maple Grove 530 1,920,537� 3.34%� 1,842.64� 3.70% 2,043.30 3.52% 3,885.94
OSSeo 180 915,551 1.13% 625.80 1 J7% 974.07 1.45% 1,599.88
Totals I 15,870 51,860,009 100.00% 55,175.00 100.00% 55,175.00 100.00% 110,350.00
Administrative Budget
Cost Allocation Cost Based
2006 Tax Total Cost
Community Acreage Capacity Based on Area on Tax Capacity
%age Dollars I %age Dollars %age Dollars
Brooklyn Center 1,660 6,785,278� 10.46%� 6,568.87� 11.48%� 7,207.85� 10.97% 13,777
Brooklyn Park 9,880� 31,438,179� 62.26%� 39,096.66� 53.18%� 33,396.Q6� 57.72°to 72,493
Champlin 3,620� 17,446,424� 22.81%� 14,324.89� 29.51%� 18,532.94� 26.16% 32,858
Maple Grove 530� 2,373,534� 3.34%� 2,097.29� 4.01% 2,521.35� 3.68% 4,619
Osseo 180� 1,074,863� 1.13%� 712.29� 1.82% 1,141.80� 1.48%� 1,854
Totals� 15,870� 59,118,278� 100.00%� 62,800.00 100.00%� 62,800.00� 100.00% 125,600
2007 Additional Items
Cost Allocation Cost Based
2006 Tax Total Cost
Community Acreage Capacity Based on Area on Tax Capacity
%age Dollars %age Dollars %age Dollars
Brooklyn Center 1,660 6,785,278 10.46% 206.58 11.48% 226.68 0.34% 433
Brooklyn Park 9,880 31,438,179 62.26% 1,229.55 53.18% 1,050.27 1.82% 2,280
Champlin 3,620 17,446,424 22.81 450.50 29.51 582.84 0.82% 1,033
Maple Grove 530 2,373,534 3.34%� 65.96 4.01 79.29 0.12% 145
Osseo 180 1, 074,863 1.13% 22.40 1.82% 35.91 0.05% 58
Totals 15,870 59,118,278 100.00% I 1,975.00 100.00% 1,975.00 3.14% I 3,950
J:\WestM iss\Financials07�2007Assessments_WM.xlsAssessments
City Council Agenda Item No. 9c
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE SHINGLE CREEK WATERSHED
MANAGEMENT COMMISSION TO EXCEED THE ADMINISTRATIVE BUDGET LEVY
CAP
WHEREAS, the City of Brooklyn Center is a member of the Shingle Creek
Watershed Management Commission, a Minnesota joint powers organization, organized
pursuant to Minnesota Sta.tutes, Section 471.59 and Section 103B.211 (the "Commission"); and
WHEREAS, the Joint Powers Agreement establishing the Commission provides
that the Commission's annual levy to the cities for its administrative budget may not exceed a
cap, which, for calendax year 2007, is in the amount of $285,900 without the consent of a
maj ority of the city members; and
WHEREAS, the Commission has requested the approval by the member cities of
a levy for its administrative budget which exceeds the cap by the amount of $13,100, for a total
assessment of $299,000; and
WHEREAS, the City Council has determined that it is reasonable, appropriate,
and in the best interests of the public to approve the proposed levy for the administrative budget
requested by the Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota:
1. The City Council approves the total levy by the Shingle Creek Watershed Management
Commission for calendar yeax 2007 for its administrative budget in the amount of
$299,000.
2. The City Clerk is directed to forward a copy of this resolution to the recording secretary
of the Commission.
Julv 24, 2006
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
n r re e k Watershed Management Commission
3235 Fernbrook Lane N• Plymouth, MN 55447
Phone (763) 553-1144 Fax (763) 553-932b
www.shinglecreek.org
DATE: June 29, 2006
TO: Mayors, City Managers and City Administrators of Member Cities
of the Shingle Creek Watershed Management Commission
FROM: Judie A. Anderson, Administrator
RE: Shingle Creek Watershed Management Commission
2007 Operating Budget
At its last meeting, the Shingle Creek Watershed Management Commission ("Commission") adopted its general
fund budget for calendar year 2007. A copy of the budget and of the proposed assessment against each member city
are attached.
Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a member
city may object to the budget by giving written notice to the Commission before August 1, 2006. If any objection is
received, the Commission will hear the objections and may modify the budget.
A recently adopted amendment to the Joint Powers Agreement also sets an"assessment cap" on the Commission's
administrative budget. The budget cap can only be exceeded if the city councils of a majority of the Commission
members adopt resolutions approving the higher assessment prior to September 1, 2006. If a majority of the cities
do not approve the higher levy, the Commission's budget will be limited to the cap.
The amount of the cap for 2007 will be $285,900. The amount of the proposed administrative budget levy is
$299,000. Therefore, consent of a majority of the member cities is required. The amount by which the proposed
administrative levy exceeds the cap is recommended by the Commission for some of the activities on the following
list. In the list of potential budget items below, the first item is a required TMDL implementation activity. The
remaining items were recommended in the Water Quality Plan (WQP) and are part of the Commission's ongoing
efforts to monitor and improve water quality and implement TMDLs. These directly relate to cities' NPDES
pernuts and nondegradation requirements.
Chloride T1VIDL Imnlementation Activities. At the April 2006 TAC meeting, the TAC
recommended that the Commission include in the 2007 budget two activities: 1) additional
funding to complete data analysis and to include in the annual water quality report an assessment
of chloride application and in-stream data ($5,000); and 2) an annual workshop for city staff
involved in salt application activities ($1,000).
Education Grants. With the expansion of this program to associations, nonprofits, scouting
groups, etc., we are seeing more interest in the grant program. It is recommended that the size of
the program be increased to double the number of grants from 6 to 12 ($3,000 each in Shingle
Creek and West Mississippi).
Wetland Monitorin�. The Commission has to date performed no wetland monitoring. Hennepin
County Environmental Services manages a program called the Wetland Health Evaluation
Program (WHEP) that trains volunteers to monitor wetland vegetation and other indicators. It is
,m� �a....._-.-
Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale
j
Shin
�reek
proposed that two key sites in Shingle Creek and two sites in West Mississippi be monitored, with
emphasis given to finding sites that may be impacted by excess chloride. The cost would be
$2,000 for each Commission, which includes $800 per site for HCES services and staff time to
evaluate results..
Aauatic Plant Monitorins. It is proposed that the Commission budget funds to offer a workshop
providing training by University Extension staff for lake association members and other
volunteers who wish to perform aquatic plant monitoring in lakes in the watershed. The estimated
cost for these workshops is $2,000. 'This is more cost-effective than engaging the services of a
water specialist to conduct a professional plant survey.
The Commission has approved the proposed budget and requests approval of the member cities to exceed the cap for
calendar year 2007 in the amount stated above.
Your cooperation in continuing the important work of the Commission is greatly appreciated.
A draft form of resolution approving the assessment above the cap is attached for your convenience.
Questions may be directed to this office or to your representative.
JAA:tim
Enclosures
Cc: Commissioners via email
Commission Staff/ vi email
7:�Shingle Creek�Financials�Financials0'7Uetter to citiesSC.doc
Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale
Approved
Shingle Creek Watershed Approved Approved Approved Approved Additional
Management Commission Budget 2004 2005 2006 2007 Items 2007
[NCOME
1 Application fees $12,000 $12,000 $12,000 $12,000
2 Wetland reviews 0 0 0
3 Interest income 1,000 1,000 500 1,000
4 Contribution to Reserve
5 Chloride TMDL grant 20,000 5,000
6 Lake TMDL grant 85,339 65,000
7 Corridor study grant 20,000 M
8 DO/Biotic integrity 200,000
9 Assessment 262,750 268,190 276,500 285,900 13,100
10 Ad valorem 75,000
TOTAL INCOME $401,089 $286,190 $429,000 $498,900 $13,100
EXPENSES
OPERATIONS
Adnsinistration:
10 Administrative Services $4�,000 $45,900 $54,500 $56,900
1l Engineering Support 7,000 7,140 0� 0(
Engineering:
12 Administration 45,000 45,900 47,000 39,900
13 Management Plan I 5,000 5,100 S,100 5,000
14 Grant Writing 7,500 7,650 7,700 6,000
15 TMDL/CIP Engineering 0� 0� 0� 8,000
16 Field Inspection 2,500 0 0 C
Legal:
17 Legal Services 12,500 12,750 13,000 13,000
Project Reviews:
18 Engineering 28,000 28,560 29,000 32,000
19 Administration I 4,000 4,080 4,200 4,300
Miscellaneous:
20 Bookkeeping 2,800 2,860 2,900 3,000
_____.._.21_.__.___.I Audit 1,SOQ 1,500 5,000 5,000
22 Contingency 6,000 5,000 5,000�� 5,000
23 lnsurance Bonding 2,500 2,500 2,500 2,800
24 Meeting Expense 2,700 2,750 2,800 2,800
SUBTOTAL OPERATIONS $172,000 $171,690 $178,700 $183,700 $0
MONITORING AND INFO
GATHERING
25 Commission stream monitoring $30,000 $35,000 $35,000 $38,800
26 USGS site monitoring 2,800 3,200
27 Chloride TMDL annual report $5,000
28 Volunteer lake monitoring I 7,000 6,500 6,500 6,�00
29 Volunteer stream monitoring 3,000 3,000 3,000 3,000
30 Volunteer wetland monitoring 2,000
31 Volunteer aquatic plant monitoring 2,100
SUBTOTAL MONITORING $40,000 $44,500 $47,300 $51,500 $9,100
J:\Shingle Creek\Financials\Financia1s07�Approved 2007 Budget.doc
Approved
Shingle Creek Watershed Approved Approved Approved Approved Additional
Management Commission Budget 2004 2005 2006 2007 Items 2007
EDUCATION AND PUBLIC
i OUTREACH
32 Education Program 15,000 17,000 25,000 25,700
33 Web site 3,750 3,000
I
34 NPDES 2,500 2,500
p--
35 Education and Im 1 Grants 2,500 2,�00 3,000 3,000 3,00
36 Chloride TMDL annual workshop 1,000
SUBTOT.4L EDUCATION $23,750 $25,000 $28,000 $28,700 I $4,000
MANAGEMENT PLANS
TMDLs:
37 Shingle Cr Chloride 20,000 5,000
38 Lakes Phase I 85,339
34 Lakes Phase II 65,000
40 Shingle Cr DOBiotic Integrity 200,000
Management plans.�
41 Shingle Creek corridor study I 40,000
42 Chloride/lake phase I TMDL impl 20,000
plan
43 Stream assessment phase II I5,000
44 Lake phase II TMDL imp] plan I5,000
SUBTOTALMGMTPLANS $145,339 $25,000 580,000 �215,000 $0
45 Contribution to constr/grant match 20,000 20,000 20,000 20,000
TOTAL
OPERATING $401,089 $286,190 $354,000 $498,900 $13,100
EXPENSE
CAPITAL IMPROVEMENT
PROJECTS
46 Brooklyn Park Stream Restoration J 75,000
I
48
49
I SUBTOTAL CIP $0 $0 I $75,000 $0 $4
I I I I
TOTAL
OPERATING $401,089 $286,190 �429,000 $498,900 $13,100
CAPITAL
EXPENSE
Shingle Creek Watershed Management Commission
Member Assessments
2007 Budget
A B I C I I E F G H I I
5a I 2oos I I I 1 I I I I
55 Cost Allocation Cost Based
56 Community Acreage 2005 Tax gased on Area on Tax Capacity Total Cost
57 Capacity °�oaqe Dollars I %aqe I Dollars I %age Dollars
581 I I 1 I I
59 �Brooklyn Center 3,7201 15,643,282 13.07%I 18,070.63� 12.75%I 17,624.571 12.91%� 35,695
60 IBrooklyn Park I 7,0801 31,273,4751 24.88%I 34,392.481 25.49%I 35,234.391 25.18%I 69,627
61 �Crystal 2,4801 11,576,3091 8.71%� 12,047.08 9.43%� 13,042.50 9.07%� 25,090
62 �Maple Grove 5,0201 19,139,598I 17.64%I 24,385.63 15.60%I 21,563.71 16.62%� 45,949
63 �Minneapolis 1,9501 8,841,5501 6.85% 9,472.511 7.21%� 9,961.37� 7.03%� 19,434
64 �New Hope 2,0701 8,717,351 I 7.27% 10,055.43� 7.10%I 9,821.44� 7.19%� 19,877
65 �Osseo 300� 2,180,1731 1.05%� 1,457.311 1.78%� 2,456.301 1.42%I 3,914
66 �Plymouth 4,3801 18,181,6391 15.39%I 21,276.70� 14.82%I 20,484.42� 15.10%� 41,761
67 �Robbinsdale I 1,4601 7,155,0961 5.13%� 7,092.231 5.83%� 8,061.321 5.48%� 15,154
681 I I I 1 I I I I
69 Totals 28,4601 122,708,4731 100.00%1 138,250.001 100.00%I 138,250.00� 100.00%I 276,500
70 a I I I
7�� I I I I I I, I
72 �2007 Administrative Budget I I I
73 Cost Allocation Cost Based
74 Community Acreage 2006 Tax gased on Area I on Tax Capacity Total Cost
75 Capacity o/,aqe I Dollars I %aqe I Dollars I %age I Dollars
76I I I I I I I I I,
77 IBrooklyn Center I 3,720I 16,184,222� 13.07%� 18,684.961 11.85%� 16,942.931 12.46%� 35,628
78 (Brookl�rn Park 7,0801 33,467,807� 24.88%I 35,561.70� 24.51%I 35,036.77� 24.69%� 70,598
79�Crystal 2,4801 12,536,941� 8.71%� 12,456.64� 9.18%I 13,124.671 8.95%� 25,581
80 �Maple Grove I 5,020 24,145,535I 17.64%1 25,214.65I 17.68%I 25,277.471 17.66%� 50,492
81 �Minneapolis I 1,950 10,091,3661 6.85%� 9,794.541 7.39%� 10,564.45 7.12% 20,3�9
82 �New Hope 2,070I 9,479,187� 7.27%I 10,397.28� 6.94% 9,923.57 7.11% 20,321
83 �Osseo I 3001 2,208,888 1.05%I 1,506.851 1.62% 2,312.44� 1.34%� 3,819
84 �Plymouth I 4,3801 20,313,844 15.39%I 22,000.041 14.88%I 21,266.151 15.13%� 43,266
85IRobbinsdale I 1,4601 8,120,841 5.13%I 7,333.351 5.95%I 8,501.541 5.54%I 15,835
861 I I I 1 I I l I
87 Totalsl 28,460� 136,548,6311 100.00%� 142,950.00� 100.00%� 142,950.00� 700.00%� 285,900
881 I I I I 1 I I
$91 I I I I I 1
90 �2007 Additional Items I I I I I
91 Cost Allocation Cost Based
92 Community Acreage 2006 Tax gased on Area on Tax Capacity Total Cost
93 Capacity o�oaqe I Dollars I %aqe I Doilars %age Dollars
941 I I I 1 I
95 jBrooklyn Center 3,7201 16,184,2221 13.07%I 856.15) 11.85%I 776.331 12.46%� 1,632
961grooklyn Park 7,0801 33,467,8071 24.88% 1,629.44� 24.51%I 1,605.391 24.69%� 3,235
97 (Crystal I 2,4801 12,536,9411 8.71% 570.771 9.18%I 601.381 8.95%I 1,172
98 �Maple Grove 5,020I 24,145,5351 17.64%) 1,155.34� 17.68%I 1,158.221 17.66%I 2,314
991Minneapolis I 1,9501 10,091,366 6.85%I 448•79) 7.39%I 484.07� 7.12%� 933
100 New Hope I 2,0701 9,479,187 7.27%I 476.41I 6.94% 454.70� 7.11%I 931
101 OSSeO 300� 2,208,888 1.05%� 69.04) 1.62% 105.96� 1.34%� 175
102�PIymouth 4,380 20,313,844� 15.39%I 1,008.05� 14.88% 974.42� 15.13%� 1,982
103�Robbinsdale I 1,460 8,120,8411 5.13%� 336.021 5.95%I 389.54� 5.54%� 726
104� I I I I I I I I
105 Totalsl 28,460� 736,548,631� 700.00%� 6,550.00� 100.00%I 6,550.00� 100.00%� 13,100
106 I I I I I I I
07� I I I I I I, I
1081 I I I I I I I
J:\Shingle Creek\Financials\Financials07�SC 2007 Member Assessments.xls
City Council Agenda Item No. 9d
i
MEMO
Date: Jul 20 2
y 006
To: Mayor Kragness and City Council Members
From: Curt Boganey, Interim Ci����ager
i
Sub'ect: Centerbrook olf course financin lan
J
g gp
Background
On July l O 2006 the City Council met in work session to consider a plan that would
prioritize the use of golf course revenue so that the necessary funds would be available
for ongoing operations, contingencies, and capital replacement needs. In addition this
plan provides for a one time infusion of funds from the Storm Sewer Fund in recognition
of revenue lost to the golf enterprise fund when the storm water retention basins were
under construction. Finally, the plan provides for repayment of the outstanding debt with
all funds available after the preceding obligations have been satisfied. It is estimated that
annual loan repayment would be reduced to about 25,000 a year on average.
This plan has been reviewed and endorsed by both the Financial and Parks and
Recreation Commissions.
Recommendation
It is recommended that the City Council adopted the proposed resolution approving the
Centerbrook golf course financing plan.
C: Jim Glasoe
Dan Jordet
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING CENTERBROOK GOLF COURSE FINANCING
PLAN
WHEREAS, the growth of golf courses in Minnesota., combined with unfavorable
economic conditions has effected the profitability of golf courses in general; and
WHEREAS, the reduction in net revenues at Centerbrook, combined with the current
loan repayment schedule caused staff to become concerned about the future viability of the golf
course fund; and
WHEREAS, the City Council and Financial Commission met in joint session to
discuss the Centerbrook Golf Course finances; and
WHEREAS, the City Council directed that a Capital Plan be developed, along with a
revised loan repayment schedule; and
WHEREAS, said plan was developed, reviewed and ur�animously recommended by
the Park and Recreation Commission and the Financial Commission; and
WHEREAS the Ci Council met in a work session to discuss the revised plan.
tY
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center; a revised financial plan for Centerbook Golf Course containing the following items
is hereby approved:
1. A Ca ital Plan is established with a one-time contribution of $49,000 from the
i
p
i Fund and an annual contribution fr
om olf course
Storzn Water Util ty g
operations;
2. At the end of each fiscal year, an annual reserve shall be calculated to
accommodate cash flows and a contingency for emergencies;
3. Any cash balance remaining in the golf course fund at the end of the fiscal year
after all operational expenses, cash flow and emergency reserves shall be
transferred to the Capital Improvements Fund to reduce the inter-fund loan
balance, until the loan is paid in full.
RESOLUTION NO.
Julv 24. 2006
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM
TO: City Council
FROM: Curt B��g��erim City Manager
DATE: July 6, 2006
SUBJECT: Centerbrook Golf Course Financing Plan
Background:
On June 26�' the City Council began the review of the proposed financing plan for
Centerbrook Golf Course. During the course of that review errors were found in the
proposed Ten Year Capital Plan. There was also a question raised regarding the plan to
reimburse the golf course in future years due to losses resulting from excessive storm
water.
I have attached a revised Ten Year Plan correcting the previously noted errors. I have
also confirmed that the recommended plan does include a provision for prospective
reimbursements due to lost sales caused by flooding.
After discussing the provision for lost sale reimbursements due to flooding with staff, it is
my recommendation to amend the proposed plan by eliminating this provision for the
following reasons:
The estimated revenue is expected to be minor and unnecessary for the plan to be
successful
The estimated revenue loss is infrequent, unpredictable and less than exact
None of these revenues were included in the original pro forma forecasts
considered by the Commissions
Action Requested:
Approve or modify the proposed financing plan for the Centerbrook Golf Course.
im lasoe
C. J G
Ebhc carpet COUNCII..MEM
�F„-�-r, Capital lmprovement Plan
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t 1 1 I i i I
;�:lublroirse ;m I I 1 f I I
Roof Replacemer�t I I f I I I I I I
Refrigerator $1,5001 I 1 I I I I I
Freezer f I I $2.00U1 1 I 1 1 I I
Carpet Replacement I I i I I I I $7.0001 I
Hot Water Heater I I I 1 I I $1.0001 I I
Tables Chairs I I I I I 1 I I $5,0001
Ice Cube Maker I I I 1 $3.0001 1 I I i
Paint interior I I I I I I $1.0001 I 1
Air Conditioner I I 1 1 I I $2,0001 I i I
Fumace I I I 1 I I 53,0001 I I
Management SoftwareMardware I I I I I I I $5.000 I I
Cash Registers I I 1 I t I 54.5001 I
Copier I I I I $1,0001 I 1 I I I
Officce fumishings I I I I I I I I 1 I
Pro shop fumishings i I I I I I I $3,0001 I I
Bathrooms Remodel I I$12.000 I I I I
Surveiilance Cameras I I 1 I I $3,0001 I I I
Window Repiacement I 1 I I i $8,0001 I I
Dow Replacement I I I 1 I $2.0001 I
t I I I I I I I 1
I I I I• I I I I
1 I I I I I I I i
New j�__ I I I I I I I I
Picnic Shelter I I I I I 592,5001 I I I 1
Fiagpole I I I I I I $2.0001 1 I
I I, I I I I I I
I 1 I 1 I I I I
1 I I I I I I I I
c��, s ±6rounds I I I I 1 I I I f I
P� Erosion I Storrn I Water 1 Utilitv I 1 I I I I I
ion coMrols I$28.0001 1 1 I I I i I 1
'on Heads/Gate Valves I I $28,0001 I I I I I I I
eriay/Repave Paths t I I I I I I I$10,OQ01
Wood Bridges 1 I I I 1 I 1 $5,0001 1
Garage Doors Replace I I I I I $5,0001 I I
Benches I I 1 I I I 52.0001 I t I
Signs I I I $3.0001 I I I
Parking lot iights I I I I I i I $7,0001 I
Pull Carts I I 1 $1,000 I 1 I I
I 1 I I I I t I I
I I I I I I I I I
I I I I I f I i I
�g:` I I I I I I I I I I
Aerator I I I I I I I I 1 I
Pond Fountains t I I I l I I
Golf Carts I I I I 1 1 I I
Fertilizer Spreader I 1 I 54,500 I I 1 I I I
Top Dresser I i I I$11.00OI I 1 I I I
Utility Cart I I I $4,400� I 1 I
Golf Carts I I 1 I I I I$10.0001 $10.000
Sprayer j 1 I$11,0001 I I I I I
I I I I I I I I I t
I I 1 1 I I I I
I 1 I I I I I 1 I
Yestly Totals $0 I$29,500 I$28,000 I$18,500 1$27,000 I$24,900 I$16,000 I$15,500 I$21,000 �$25,0� �$10,000
Annual Capital Allocation $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500
Stormwater Contribution to Reserve $49,000
Capital Reserve Balance $49,000 $37,000 $26,600 $25,500 $16,000 $8,600 $10,100 $12,100 $8,600 $1,100 $8,600
r
City of Brooklyn Center
Centerbrook Cash Flows 8 Debt Payments
200T through 2016
YEAR 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Notes:
Beginning Cash Balance 118,728 69,500 59,650 59,313 50,489 43,779 45,983 48,700 45,932 39,179 I
Annual Operating Cash 35,000 36,050 37,132 38,245 39,393 40,575 41,792 43,046 44,337 45,667 increases by 3°h per year
Interest Income 5,343 3,128 2,684 2,689 2,272 1,970 2,069 2,192 2,067 1,763 beginning cash eaming 4 1/2 °h retum
CapitalExpenses (29.500) (28,000) (18,5001 (27.000) (24.9001 (16.000) (15.500) (21.000) (25,0001 (10,000)from schedule
Mnual Cash Produced 10,843 11,178 21,376 13,915 16,765 26,545 28,361 24,237 21,404 37,430
Ending Cash Available 129,571 80,678 80,966 73,228 87,254 70,324 74,344 72,937 67,336 76,609 Beginning Balance plus Annual Cash Produced
Reserve Requ:,_,.._..: 69,500 59,850 59,313 50,489 43,779 45,983 48,700 45,932 39,779 47,441 calculated below
Debt Payment 60,071 21,028 21,653 22,738 23,475 24,341 25,643 27,005 26,157 29,189 ending cash available less reserve requirement
Debt Balance Owed EOY 739.929 718,902 697,249 674,511 651,036 626.695 801,057 574,046 545,869 516,720 amount owed at the end of each year to CIF
Calculation of Reserve Reauirement
Capital Reserve Balance 37,000 26,SD0 25,500 16,000 8,600 10,100 12,100 8,600 7,100 8.600 Beginning CR Balance 17,500 per year- capital expenses
Operating Resarve Requirement 32,500 33,150 33,813 34.489 35.179 35,883 36,600 37.332 36,079 38.841 increases 2% per year
89.500 59,650 59,313 50.489 43,779 45.983 48,700 45.932 39,179 47,441
N I
centerbrookprojections.xls
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: City Council
FROM: C y, Interim City Manager
DATE: June 21, 2006
SUBJECT: Financing Plan for Centerbrook Golf Course
Action Requested:
This item has been placed on the work session agenda so that staff can respond to any
questions the Council may have regarding the recommended financing plan for the
Centerbrook Golf Course.
This item wa.s previously reviewed at a joint meeting March 6, 2006, of the City Council
and Financial Commission. The consensus direction from the meeting was for staff to
prepare a specific capital plan and a loan replacement program that the Financial
Commission and Park and Recreation Commission could review and consider.
Staff prepared a proposal in response to this direction. The proposal was reviewed by
both the Park and Recreation Commission and the Financial Commission. Each of these
commissions unanimously recommended Council approval of the proposal.
The proposed course of action includes the following and is fiu described in the
attached material:
A$49,000 contribution from the Storm Sewer Fund to the Golf Course Fund
establishing a Capital Reserve
An annual operating revenue reserve of $50,000 for capital purchases, cash flow
requirements and contingency.
A revised loan repayment policy based on a formula that assumes loan
repayments will be made from free cash flow after covering annual capital
reserves and capital expenditures.
C: Jim Glasoe
G:1Asst City Mgr\COL7NCIL.MEM.FRM.062601.doc
6301 Shingle Creek Parkway Recreation ¢nd Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3�94
w ww. cityo fbrooklyncenter. org
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: June 21, 2006
TO: Curt Boganey, Interim City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Recommendation- Centerbrook Finances
At the joint meeting of the City Council and Financial Commission on March 6, 2006 regarding
Centerbrook golf course, there was significant agreement on keeping the golf course as a
recreational amenity for the community, but less agreement on how to address the lang term debt.
After considerable discussion, it was decided that staff would develop a capital plan for the golf
course along with a recommenda.tion regarding the debt. These items would be brought back to
the Park Recreation Commission and the Financial Commission for consideration and a
recommendation.
Also of note at the meeting, was the discussion of the golf course and 2ts relationship to the
Storm Sewer Utility Fund as a regional storm water detention facility. It was reported that the
golf course had lost approximately $49,000 in net revenues in 1998, as the golf course was not
opened until July l st of that year to accommodate completion of the stonn water pond
construction. Additionally, the Council and Commissioners discussed the fact that the golf
course is routinely closed, for varying periods of time, as a result of flooding related to storm
water.
Attached, please fmd a copy of the proposed Capital Plan for Centerbrook. It is a ten yeax plan
that schedules yearly capital projects and expenditures according to need. Similar to the larger
Capital Improvements Plan for the city, this plan would be reevaluated each year, and presented
along with the golf course budget.
The Capital Fund is established with an initial contribution of $49,000 from the Storm Sewer
Utility Fund, and an annual contribution of $17,500 from operating revenues. You will note that
the capital reserve maintains a positive balance throughout the duration of the plan.
6301 Shin le Creek Parkwa Recredtion and Communit Center Phone TDD Number
g y y
Brooklyn Center, MN 55430-2199 (763) 563-3400
City Hdll TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityofbrooklyncenter.org
In addition to the funding of capital projects and purchases, the staff recommendation also
includes a reserve for early season expenditures. During the first quarter of each year, the golf
course produces limited revenues until the course opens for business. The annual net revenues
through the end of March are typically ($25,000). Sta.ff recommends that sufficient cash reserves
be held in reserve annually to accommodate for this deficit.
As a result, staff recommends that a revised loan repayment policy be adopted that calls for loan
payments according to a set formula, rather than a predetermined schedule. Sta.ff
proposes that the formula direct any year-end cash reserves in excess of $50,000, plus any
Capital Reserve balance, be directed to the Capital Improvements Fund. Again, this reserve
would accommodate funding of capital projects and early season expenditures.
Staff further recommends that revenues lost as a result of golf course closures related to storm
water be reimbursed by the Storm Sewer Utility Fund. This reimbursement would be for actual
league rounds cancelled, and an average of daily non-league rounds played during the same
period over the past three years. Lastly, staff recommends that all principal payments made
continue to be tracked, until such time the original loan is repa.id.
At their May 16 meeting, the Park and Recreation Commission met to consider this issue. After
some deliberation, they passed a unanimous motion affirniing the staff recommendations and
recommending the same to the City Council. Similarly, the Financial Commission unanimously
passed a similar motion at their June 5 meeting.
Please let me know if you have any questions regarding the recommendations or would like
additional information.
Proposed Centerbrook Funding Formula:
•$17,500 Annual Capital Set Aside +$25,000 Annual Early Year
Expenditures Retainage +$7,500 Margin =$50,000 Annual Reserve.
•$50,000 Annual Reserve Any Capital Retainage (per the Capital
Plan) Yearly Cash Reserve. Any remaining fiznds would be directed
to the Capital Improvements Fund. Contributions would continue to
be tracked until original loan balance is paid in fulL
Golf course fund would be reimbursed for revenues lost as a result of
golf course closures related to storm water. This reimbursement would
be for actual league rounds cancelled, and an average of daily non-
league rounds played during the same period over the past three years.
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCII.
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
MARCH 6, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Work Session with the Financial Commission at City
Hall and was called to order by Mayor Kragness 6:34 p.m.
ROLL CALL
Mayor Kragness, and Councilmembers Kaxhleen Carmody, Kay Lasman, Diane Niesen, and
Mary O'Connor. Also present: City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, CARS Director Jim Glasoe, and Director of
Fiscal and Support Services Daniel Jordet.
Financial Commission Members present were Commissioners Robert Anderson, Susan Shogren
Smith, and Mark Nemec. Commission Chair ponn Escher and Commissioner Robert Paulson
were absent and excused.
DISCUSSION OF GOLF COURSE
City Manager Michael McCauley presented a PowerPoint presentation, starting with the
introduction that explained that the golf course that was constructed in the late 1980s, was
funded by a$1.1 million loan, and set up as an enterprise. He stated the golf course was set up as
an enterprise in order to re-pay the construction loan and generate its own operating funds and
capital. He explained that the golf course is the only recreation amenity that is an enterprise. He
continued the presentation that included the following topics:
Performance
Park and Recreation Commission Review
Centerbrook Golf Course Days Lost to Weather
Net Operating Revenues Area Par 3 Course
Centerbrook Golf Course League Rounds Cancelled
CARS Director Jim Glasoe discussed the financial impact of rounds canceled due to weather. He
stated league rounds are the bread and butter of the operation and are detrimenta.l if canceled.
Councilmember Lasman asked if the canceled rounds are made up. Mr. Glasoe explained that
some rounds are still lost, however Staff has been trying to create a formula or incentives to
recapture the revenue from those rounds.
Staff, Councilmembers, and the Financial Commission discussed financial effects of weather.
3/6/06 -1-
I
Conditions of site
Parcel Map
Centerbrook Golf Course Site Map
Staff, Councilmembers, and the Financial Commission discussed storm water and water
retention including the 100 and 500 year flood plan on the golf course.
Mr. McCauley stated this is not land that is usable for anything other than open space, flood
water retention, or a golf course.
Uncaptured Benefits
Mr. McCauley stated the regional storm water ponding site is located on this facility and there
was no payment to the course when the course was flooded by storm water detention nor was
there payment when operating da.ys were lost during storm water pond construction, estimated
value of $49,000. He explained that the access to the water tower and maintenance of grounds
are maintained under the golf course enterprise fund.
Options
Option 1. Status Quo
Option 2 Discontinue
Option 3 Privatization
Option 4 Treat as Principal Only
Option 5 Establish Targets
Staff, Councilmembers, and the Financial Commission discussed options for the golf course.
Recommendations
Mr. McCauley requested direction from the City Council and Financial Commission on the
future of the Golf Course.
Staff, Councilmembers, and the Financial Commission discussed the effects on property taxes
both in the past and in the future.
Councilmember Niesen inquired about the listed expenditures for this time of year. Mr. Glasoe
explained that the current expenditures are primarily staffing and utilities.
Mayor Kragness stated she would like to see the golf course remain and added that many local
golf courses are experiencing the same problems.
Mr. Glasoe explained that the golf course is profitable enough that it is not a burden on the
taxpayers.
Councilmember O'Connor stated the pressure should remain on the golf course to pay the loan
and decrease expenditures.
Director of Fiscal and Support Services Daniel Jordet distributed a fmancial statement of the golf
course and discussed funding depreciation that is included in the list of expenditures.
3/6/06 -2-
Councilmember Lasman stated commercial use is not a viable use because of the soil. She stated
park land would not contribute revenue and would amount to considerable maintenance costs.
She stated if the golf course is contributing enough to cover operations and could possibly
contribute to the capital improvement fund, the City should retain the golf course. She stated the
golf course is an amenity to the City because it accommodates youth, seniors, and families.
Mr. McCauley stated he would prepare a golf course specific capital plan for the loan
replacement ideas, and have the Financial and Parks and Recreation Commission review
proposals for a subsequent work session.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 8:25 p.m.
Motion passed unanimously.
City Clerk Mayor
3/6/06 -3-
Capi�al lmprovement Plan
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1 a i� 1 i i
I I I I f I I I I
�bliouse.� x
Replacement i I I �I 1 I I I
Refigerator a $1.500� I I I I I I I
Freezer I 1 I $2.ODDl I I I I I
Carpet Replacement I 1 I I I 1 f $7.0001 I
Hot Water Heater i� I I I I 51.0001 1 I
Tabies Chairs I I 1 I I S5.00Oa
Ice Cube Maker I I I I $3.Q00� I
Window Treatments I I 1 I 1 I� $2.000)
Paint interior i I 1 I 1 I $1.00Oi I I
Air Conditwner 1 I 1 I I I $2.0001 I I I
Fumace 1 I 1 I I I $3,0001 I I I
ManagemeM Soflware/Hardware I I I I I I $5.0001 I
Cash Registers I I I 1 I I 51,5001 I I
Copier I i I $1,000) 1 I 1
Office tumfshings I I I 1 1 I 1 I I
Pro shop fumishings I 1 1 I I $3.0001 I I
Bathrooms Remodei I I I$12,0001 I I I 1 I I
Surveillance Cameras I 1 I 1 1 $3.0001 I
Window Replacement 1 I I I 58.0001 I
Door ReplacemeM I I I i I� 1 $2.00U1 I
1 a i 1 I I
I I 1 1 1 I I I I I
1 1 1 1 1 1 I I
r ■I �y
��v...�'w..a` i I��wc�w�..-ut�'ac.�is3:�si.-.�� I
Picnic Shetter i I I I $15.Q001 I I I 1
Flagpole I I I I I 1 $2.0001 f I 1
1 1 1 1 I 1 I I
I I I 1 I I I I I
1 I 1 I I I I
��r'� �n,x�e"`�.'r s m ^t^��.,:
�.-��c r"..;:+
nd Erosion I Storm I Water Utilitv I� I 1 1 I t
ation controls $28,0001 I 1 I M I I I
ation Heads/Gate VaNes I $28.0001 I I I I I I I
eAaylRepave Paths I I I I 1 I I 510,000�
Wood Bridges I I f t I I I f $5.0001 I
Garage Do�rs Repiace I I I t I 1 $5.DODI I
Parking Lot Overlay I 1 1 I I I 1 I I$15.000
gencr,es I 1 1 I I I $2.000� I I
Signs 1 I I i $3.0001 I 1 I,
Parking lot lights 1 1 1 1 1 I S12,OOUI I
Pull Carts I I 1 l $1.000) 1 I I,
1 I 1 1 1 I 1 1 I
I I I I 1 I I I
I I 1 1 I 1 i 1 I'
E94_7R_�►����.� I 1 I I I 1 I I I I
A�erator���� 1 1 I i 1 I I 1 I I
Pond FouMains I I I 1 I i I I I
Goif Carts I I I 1 I, I i I I I
Fertiiizer Spreader I I 1 54.5001 I N
Top Dresser l 1$11.000� 1 I 1 I
Udlity Cart $4.4001 I I I
Golf Carts 1 I I I I 510.0001 $10.OD01 $5,000�
Sprayer I 1 �$11,000� 1 I
I I I I 1 1 1 I I I,
I i' I I I I I f I I�
I I I I 1 1 1 I I
Yearly ToffiIs $0 1$29,500 I$28,000 I$18,500 1$18,000 �$23,000 �$16,000 515,500 I$26,ODD �$17,000 I$15,000
Mnuai Capitai Atlocation $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 517,500 $17,500 $17,500 $17,500
Stormwater Contribution to Reserve $48,OOU
CapRai Reserve Balance 549,000 $37,000 526,500 $25,500 $27,000 $21.500 $23,000 $25,000 �16.500 $17,000 $19,500
City of Brooktyn Center
Centerbrook Cash Flows 8 Debt Payments
2007 through 2016
YEAR 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Notes:
Beginning Cash Balance 118,728 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079
AnnualOperating Cash 35,000 36,050 37,132 38,245 39,393 40,575 4�,792 43,046 44,337 45,667 increases by 3% peryear
Interest Income 5,343 3,128 2,684 2,669 2,767 2,551 2,650 2,772 2,422 2,479 beginning cash earning 4 1/2 return
Capital Expenses (29.5001 (28,000) (18.5001 (16,000) (23,0001 (16,000) (15,5001 (26,000) (17,000) (15,000) from schedule
AnnualCash Produced 10,843 11,176 21,316 24,915 19,160 27,125 28,942 19,818 29,759 33,746
Ending Cash Avallable 129,571 80,678 80,966 84,228 80,649 63,804 87,824 81,418 83,592 88,225 Beginning Balance plus Annual Cash Produced
Reserve Requirement 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079 5B,341 calculated below
Debt Paymenl 60,071 21,028 21,653 22,738 23,970 24,922 26,224 27,586 28,513 29,884 ending cash available less reserve requirement
Debt Balance Owed EOY 739,929 718.902 697,249 674,511 650,541 625,619 599,395 571.810 543.297 513,413 amount owed at the end of each year to CIF
Calculation of Resenie ReauiremenL•
Capital Reserve Balance 37,000 26,500 25,500 27,000 21,500 23,000 25,000 16,500 17,000 19,500 Beginning CR Balance �7,500 per year capiial expenses
Operating Reserve Requirement 32,500 33,150 33.613 34,489 35,179 35,883 36,600 37,332 38,079 36,841 increases 2% peryear
69,500 59,650 59,313 67,489 56,679 58,883 61,600 53,832 55,079 58,341
City Council Agenda Item No. 9e
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 19, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
diseased elm trees most recently marked by the City tree inspector, in accordance with approved
procedures.
The past three suinmers have shown an outbreak in Dutch elm disease throughout the metro area that
has not been seen since Dutch elm entered the state of Minnesota in 1961. Currently, many
communities are witnessing the infection of elm trees that survived the maj or outbreak in the 1970s.
Experts say a decline in awareness and the maturation of trees that rooted decades ago may be
fueling the rise in infections.
The City of Brooklyn Center has historically maintained a policy of removing diseased trees
promptly (in three weeks or less) and enforcement of proper disposal in order to keep this disease
from escalating in our community.
Attached for consideration is a City Council resolution declaring a public nuisance and ordering the
removal of diseased trees as listed on the resolution document. It is anticipated that a similar
resolution will be submitted for council consideration each meeting during the summer and early fall
as additional diseased trees are identified and marked.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
ww w. cityo fbrooklyncenter.org
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declarin�
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
l. The diseased trees at the followin� addresses are hereby declared to be a public
nuisance:
PROPERTY OWNER ADDRESS TREE
CITY OF BROOKLYN CENTER 5847 SHINGLE CREEK PKWY 96,97,98,99,100
KHAM NONG THI 5637 NORTHPORT DR 101
EUGENE FEUCHT 6237 LEE AVE N 102
RICKY GRANDSBERRY CHANTAE GILLS 6231 LEE AVE N 103
CITY OF BROOKLYN CENTER FIRE HOUSE PARK 104
DHM MINNEAPOLIS HOTEL LP 2200 FREEWAY BLVD 105
HOLGER MARLYS HANSON 3624 72� AVE N 106
CHURCH OF ST ALPHONSUS 7025 HALIFAX AVE N 107
WILLIAM PATRICIA TALMADGE 5406 LOGAN AVE N 108
SCOTT MARY BETH THORNTON 5818 EMERSON AVE N 109
DAVID DAHLGREN 6138 DUPONT AVE N 110
MILADA DEWITT 6210 BRYANT AVE N 111
LOLA NELSON 5540 DUPONT AVE N 112
ISD #281 5421 BROOKLYN BLVD 113
RYAN MEYER JULIE WILSON 3113 68� AVE N 114
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to
contest the determination of the City Council by requesting, in writing, a hearing.
Said request shall be filed with the City Clerk.
3. After five {5) days, if the property owner fails to request a hearing, the tree(s)
shall be removed by the Ci All removal costs, including legal, financing, and
Ty
administrative char es shall be s eciall assessed a ainst the ro ert
g P Y g P P Y
RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the faregoing resolution was duly seconded by member
and upon vote being taken thereon, the followin� voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I�
City Council Agenda Item No. 9f
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 20, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works 'r�
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No.
2006-11, Contract 2006-E, Central/Salt Storage Facility Improvements
The City's 2006 Capital Improvement Program includes funding for construction of central/salt storage
improvements. The purpose of this project is to construct a salt building capable of storing multiple ice
control materials and conversion of the existing salt building into cold storage space for CARS and park
maintenance operations.
Bids for the CentraUSalt Storage Facility were received and opened on July 20, 2006. The bidding results
are tabulated as follows:
Bid Bid
Bidder Base Bid Alt. No. 1 Alt. No.2
Greystone Construction $324,926.00 $3,790.00 $4,500.00
Maertens Brenny Construction $326,450.00 $3,900.00 $4,500.00
Ebert Incorporated $328,200.00 $3,439.00 $4,250.00
CM Construction $330,000.00 $3,700.00 $4,300.00
Parkos Construction $345,800.00 $3,900.00 $4,800.00
Lund-Martin Construction $357,000.00 $4,000.00 $4,500.00
Rochon Corporation $371,500.00 $3,745.00 $4,300.00
Merrimac Construction $382,879.00 $3,776.00 $4,637.00
Hunderberg Construction $436,430.00 $2,945.00 $4,670.00
Of the nine bids received, the lowest base bid of $324,926.00 was submitted by Greystone Construction
of Shakopee, Minnesota. The bid documents included two alternate bid items. Alternate Bid Item No. 1
consisted of the contractor furnishing and installing a penetrating sealer to the interior walls of the
building to prevent corrosion to the concrete material. Alternate Bid Item No. 2 includes the cost to
provide an additional 12-inches of building height to the building to allow greater clearance for operating
dump trucks within the structure. Staff recommends that the City award the contract based on the sum
total of the base bid, Bid Alternate No. 1 and two times the amount of Altemate Bid Item No. 2(add 24-
inches to building height). The engineer's estimate for the bid was $437,000.
Attached for consideration is a City Council resolution accepting the bid items and awarding a contract
for the Central/Salt Storage Facility Improvements to Greystone Construction Company in the amount of
$381,716.00.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter. org
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IlVIPROVEMENT PROJECT NO. 2006-11, CONTRACT 2006-E,
CENTRAL(SALT STORAGE FACILITY
WHEREAS, pursuant to an advertisement for bids for Improvement Project No.
2006-11, bids were received, opened, and tabulated by the City Clerk and Engineer on the
20�' day of July, 2006. Said base bids were as follows:
Bid Bid
Bidder Base Bid Alt. No. 1 Alt. No.2
Greystone Construction $324,926.00 $3,790.00 $4,500.00
Maertens Brenny Construction $326,450.00 $3,900.00 $4,500.00
Ebert Incorporated $328,200.00 $3,439.00 $4,250.00
CM Construction $330,000.00 $3,700.00 $4,300.00
Parkos Construction $345,800.00 $3,900.00 $4,800.00
Lund-Martin Construction $357,000.00 $4,000.00 $4,500.00
Rochon Corporation $371,500.00 $3,745.00 $4,300.00
Merrimac Construction $382,879.00 $3,776.00 $4,637.00
Hunerberg Constxuction $436,430.00 $2,945.00 $4,670.00
WHEREAS, Bid alternate No. 1 represents the cost for penetrating sealer to protect
the interior walls from corrosion and bid alternate No. 2 represents the cost per foot of
additional building height; and
WHEREAS, the City wishes to award the contract based on the sum total of the base
bid, bid alternate No. 1 and the addition of two (2) feet of total building height.
WHEREAS, it appears that Greystone Construction Company is the lowest
responsible bidder as determined by the total of the base bid and bid alternate items tabulated
above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The Mayor and Interim City Manager are hereby authorized and directed to
enter into a contract with Greystone Construction Company of Shakopee,
Minnesota in the name of the City of Brooklyn Center, for Improvement
Project No. 2006-11, according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Engineer.
2. The estimated project costs and revenues are as follows:
RESOLUTION NO.
En�ineer's Estimate As Amended Per Low Bid
COSTS
Contract 393,000.00 337,716.00
Contingency (10%) 19,000.00 19,000.00
Admin/Legal/Engr. 25,000.00 25,000.00
Total Estimated Project Cost 437,000.00 381,716.00
REVENUES
Capital Pro�ects Fund (40100) 437,000.00 381.716.00
Total Estimated Revenue 437,000.00 381,716.00
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMO
Date: July 20, 2006
To: Mayor Kragness and City Council Members
From: Curt Boganey, Interin�Z��anager
Subject: July 24 Work Session Items
Random Acts of Kindness
This item has been placed on the agenda for Council direction. Councilmember
O'Connor has suggested that the program be discontinued.
Draft Policy on Prior Authority to Purchase Items for Council Travel
On June 26�' the City Council began discussing a draft policy requiring advance Council
training material purchases. As reflected in the minutes attached, several issues were
raised by Council members regarding the policy. The City Manager was directed to
contact the LMC to find out if they store conference materials from National Conferences
that the City Council members would have access ta
I spoke with Kevin Frazell with League of Minnesota Cities and he informed me that the
League does not typically purchase materials from National Conferences.
This item is returned to the Agenda for Council direction.
Massage Parlor Ordinance
Ms. Jill Dalton approached the City Council in Open Forum on June 12 urging the City
Council to amend the Current Ordinance and fees governing therapeutic massage in
Brooklyn Center.
Recently I met with Ms. Dalton regarding her concerns in preparation for the work
session discussion. During the course of that conversation two points were noted. The
first was that the primary objection to the ordinance related to the fee. Secondly, Ms.
Dalton was not aware that bona fide health ciubs are exempt from the business license
requirement of the ordinance. Specifically Health Clubs are not required to pay the
$3,000 annual fee or the $1,500 investigation fee.
Following our meeting Ms. Dalton prepared the attached memo clarifying her concerns
with the ordinance. She identifies several requirements under Section 23-1712 that her
facility does not meet. These are bathroom requirements, mop sink requirements, locker
requirements, and door lock requirements.
If the City Council is of the opinion that allowing therapeutic massage in health clubs
similar to Curves it may require that Curves meet all of the ordinance requirements or it
mat direct staff to propose ordinance amendments for Council consideration
Liquor Ordinance Revisions Brewery and Brew Pub Off Sale Amendment
Attached is a redraft the City Liquor ordinance. This redraft has been completed for the
principal purpose of making our current ordinance simpler to read, understand and
administer.
There is one substantive change being proposed. That change would allow a micro
brewery such as Surely Brewing to sell growlers to its customers as provided under State
Law. While the law on this issue is somewhat confusing, investigations by the City
Attorney and me have determined that the State Liquor Control Division believes that it
is permissible for the City with a municipal liquor store to allow such a license.
We request Council direction regarding action on the revised ordinance.
Golf Course Audit Councilmember Niesen
Councilmember Niesen has submitted a memo (attached) regarding this matter. I am sure
she will be prepared to explain what Council action is desired
I
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: City Council
FROM: Curt Boganey, I t Manager
DATE: July 7, 2006
SUBJECT: Random Acts of Kindness Program
I previously notified the City Council that we were considering placing a notice in the upcoming
City Watch newsletter regarding the Random Acts of Kindness program. I indicated that we
would proceed unless we were notified by a Council Member that there was an interest in further
Council discussion regarding the program. I've been notified by one Council Member that she
has an interest in not proceeding without further Council dialogue.
This item is placed on the agenda for the Council to provide staff with direction.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Broohlyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Park facility. He said the meeting was taped in its entirety and would be replayed at its normally
scheduled times.
3. Discussion of Draft Policy on Prior Authority to Purchase Items for Council
Travel
Councilmember/Commissioner Lasman stated the draft policy seems to be inviting Council
Members to purchase training materials, which opens the door for more spending. She suggested
modifying the language to make it clear that this is not an expectation.
Councilmember/Commissioner Carmody said the policy should be more broad and include other
purchases not related to travel (i.e., online books).
Councilmember/Commissioner Niesen said the City is a member of the League of Minnesota
Cities (LMC) and inquired if LMC might have CDs, tapes, or training materials from the
National League of Cities conferences or other types of training materials that the City could
borrow. She said if this is the case, the policy could direct Council Members to the LMC for
training materials.
Mayor Kragness stated she doesn't think the policy is necessary.
It was Council consensus to direct the Interim City Manager to find out from the League of
Minnesota Cities what training materials are available to the City at no expense and report back
to the Council.
4. Discussion of Centerbrook Golf Course Funding Recommendation
Councilmember/Commissioner Lasman said there was agreement to keep the golf course as a
recreational amenity for the community and this proposed plan addresses the financing plan for
the golf course.
Mr. Boganey said the financing plan was drafted as a result of the direction given by the Council
at its joint meeting with the Financial Commission in March. He said the proposed financing
plan addresses capital improvements, as well as the loan repayment and having sufficient funds
to operate the golf course on an ongoing basis. He reviewed the three components as follows:
•$49,000 contribution from the Storm Sewer Fund to the Golf Course Fund
establishing a Capital Reserve;
annual operating revenue of $50,000 for capital purchases, cash flow requirements,
and contingency; and
a revised loan repayment policy based on a formula that assumes loan repayments
that will be made from a cash flow after covering annual capital reserves and capital
expenditures.
Councilmember/Commissioner Niesen raised the issue of having the City's auditors do a special
audit of the golf course and look at its financing.
06/26/06 2
DRAFT
2.07 Poliey on City Council Travel Expense
Council members attending approved travel may purchase conference
training materials at City expense if requested and approved in advance by
the City Council
MEMO TO: Brooklyn Center Council members; Mayor Myrna Kragness; City
Manager, Curt Boganey
FROM: Jill Daltan
Owner, Curves of Brooklyn Center
DATE: 7uly 17, 2006
Ordinance governing massage centers in Brooklyn Center, Chapter
23, Sections 17-00-1720
A careful reading of the ordinance in question resulted in the following disclosure, page
23-58:
No business license shall be required for qualified
barber shops, hair or beauty salons or for bona fide
health clubs: provided, however that all other
requirements of Section 23-1700 through 23-1720 must
be met, and a11 masseurs and masseuses must have
certificates.
Curves of Brooklyn Center fits the description of a bona fide health club, and for the
most part, fulfills the requirements. There are, however, a few small points that would be
difficult for my club to conform to. The purpose of this memo is to list these points and
inquire whether exceptions would be possible so that I can proceed with my plans have
massage available in my club. The exceptions are as follows:
Section 23-1712
Item 1- We do not have a separate locker room, nor do we have room for one. We do
have 2 bathrooms, one of which is adjacent to the massage room. Only one
member receives a massage at a time, and there is ample time between massages for her
to undress in privacy in the massage room before the masseuse comes back in.
Item 5- We do have a janitorial closet, but it does not have a mop sink.
Item 7- We do not have individual lockers with keys. Typically the member stores her
clothing and personal belongings in the massage room, within plain sight.
Item 9- At the present time the door to the massage room has a lock on it. If this is
deemed an important issue, I can have the door handle changeti to a non locking one. The
room is also used on occa.sion as a dressing room, hence the lock.
Note: In the unlikely event a man wants to have a massage in our club, we would
schedule him for our quiet or off hours.
Please let me know at your earliest convenience how ne�rt to proceed. Thank you for
your consideration.
My name is Jilt Qalton- t am a resident of Brooklyn Center and fihe new owner of the
Gurves in Brooklyn Genter- right across the street from our fibrary and down the street
from City Hail..
I am sure most of you have a least heard of Curves for {Nomen. We are a fitness
center, and as the owner, l am deepiy committed to the health and well being of women
in Brooklyn Center, most particularly to our 380+ members.
We have an affiliation with the Minnesota Schoot of Business. At the end of two years
of therapeutic massage training, their students have the option of coming to our c{ub
to do their intemship. This has been a wonderful opportunity for our members, and
has convinced us that therapeutic massage has extensive benefits. 1've given you a
list of benefits of massage. In surnmary, massage therapy can improve health by
acting directly on the muscular, nervous, circulatory and immune systems. Massage
treatments aim to develop, maintain or rehabilitate physical function; relieve or prevent
physical dysfunction and pain; retax tight and tense rnuscles. Massage therapy also
improves circulation and immune system function; reduces averall stress; and
creates a sense of relaxation and well being.
We recently had an interri at the cfub that is quite uniquely suited to our club. She's a
very talented masseuse and extraordinary caregiver, very knowledgeable about her
work and the human body, dedicated to the well being of the members she worked
with, and possesses a personality that fits in perfectly with our members.
We became very excited about the possibifity of having her set up shop in our club.
However, when I went to City Hall to inquire about the ordinances, I found out the
fees make therapeutic massage in Brooktyn Center essentiaFfy prohibitive, unless you
are affiliated with a medical center.
While I understand why this sort of action was important back in the 60's and 70's
when "massage parlors" were a problem, therapeutic massage has changed
dramatically since that time, and has become a very accepted and respected
profession and sought after therapy. That Brookiyn Center prohibits this is very
surprising. I checked with some of the other surrounding toavns, and could not find
any simitar ordinances. Masseuses in 8rooklyn Park, for exampte, are licensed
through the state- there are no city fees or restrictions at alf.
I respectfully ask as a Brooklyn Center resident and business owner, that you consider
changing the ordinance and fees governing therapeutic massage in Brooklyn Center. I
am urging my members to contact you as well with their awn personal stories.
Please do not hesitate to e-mail or call me if you have questions or concems. Thank
you for your time and consideration.
Jill Dalton, owner
Curves for Women
6048 Shingie Creek Parkway
Brooklyn Center, MN 55430
(763) 503-3889
Section 23-1613. SEPAR.ABILITY. Every section, provision or a part of this ordinance is
declared separable from every other section, provision or part to the extent that if any section,
provision or a part of the ordinance shall be held invalid, such holdings shall not invalidate any other
section, provision or part thereof.
Section 23-1614. PENALTIES. Whoever does any act forbidden by this ordinance or omits or
fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction
thereof by lawful authority, be punished by a fine not to exceed $1,000 or imprisonment not to
exceed 90 days or both, together with the costs of prosecution. Each day that a violation exists
constitutes a separate and distinct offense.
Section 23-1615. LIABILITY FOR THE CRIMES OF ANOTHER. Every person who
commits or attempts to commit, conspires to commit or aids and abets in the commission of an act
Y
constitutin a violati
g on of tlus ordina.ilce or any act, wluch constitutes an omission and, therefore, a
violation of this ordinance, whether individually or in connection with one or more persons or as
principal, agent, or accessory, shall be guilty of such offense and every person who falsely,
fraudulently, forcibly or willfully, induces, causes, coerces, requires, permits or directs another to
violate any of the provisions of this chapter is likewise guilty of such offense.
MASSAGE PARLORS
Section 23-1700. STATEMENT OF POLICY. The City Council of the City of Brooklyn
Center considers it necessary to provide for the special and express regulation of businesses or
commercial enterprises which offer massages to the general public in order to protect the public
health, safety and welfare and to guard against the inception and transmission of disease. The City
Council further finds that commercial enterprises offering massages are susceptible of operation in a
manner contravening, subverting and endangering the morals of the community, thus, requiring close
inspection, licensing and regulation.
The City Council also finds that control and regulation of commercial establishments of these types,
in view of the abuses often perpetrated, require intensive efforts by the Police Department, Public
Health Sanitarian and other departments of the Cify and as a consequence, the concentrated use of
City services in such control detracts from and reduces the level of service available to the rest of the
community, and thereby diminishes the ability of the City to promote the general health, welfare,
morals and safety of the community. In consideration for the necessity on the part of the City to
provide numerous services to a11 segments of the community, without a concentration of public
services in one area working to the detriment of the members of the general public, it is hereby
decided that the number of massage parlor licenses issued pursuant to this ordinance or the number of
sauna licenses issued pursuant to Chapter 23-1600, which may be in force at any one time, either
licensing massage parlors, sauna parlors, or any combination thereof, shall be no more than a total of
three such licenses.
City ofBrooklyn Center 23-56 City Ordinance
Section 23-1701. DEFINITIONS.
1. The term "massage" means the rubbing, stroking, kneading, tapping or rolling of the body
of another with the hands for the exclusive purpose of physical fitness, relaxation,
beautification and for no other purpose.
2. The term "masseur" means a male person who practices or administers massage.
3. The term "masseuse" means a female person who practices or administers massage.
4. The term "certificate" as used herein means a certificate issued by the City authorizing the
holder thereof to practice or administer massage in the City of Brooklyn Center.
S. The term "bona fide health club" means those parts of a facility that are designed and
used primarily for health and fitness activities and that have a capital investment of at
least $250,000 in building and fixtures and at least $20,000 in exercise equipment.
6. The term "qualified" when used to refer to a baxber shop, hair or beauty salon, or licensed
cosmetology salon, means that such primary use has at least two full time employees
engaged in the primary business use, is in a zoning district where such use is a permitted
use, has no more than 15% of the floor area of the premises devoted to a massage use, has
been in business in the city for at least three years, and has a capital investment in
furniture, fixtures and equipment of at least $30,000.
7. The term "recognized school" means a school or educational institution that: a) is in
good standing with the Minnesota Therapeutic Massage Network or the American
Massage Therapy Association; b) is either registered or licensed with the Minnesota
Higher Education Office or accredited by a federally recognized accrediting agency; c)
has for its purpose the teaching of the theory, method, profession or work of massage; aiid
d) requires a resident course of study before the student is given a diploma or certificate
of graduation following the successful completion of the course of study or learnulg.
Section 23-1702. MASSAGE DISTINGUISHED. The practice ofmassage is hereby declared
to be distinct from the practice of inedicine, surgery, osteopathy, chiropractic, physical therapy, or
podiatry and persons duly licensed in this State to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, nurses who work solely under the direction of any such
persons, athletic directors and trainers are hereby expressly excluded from the provisions of this
section. Beauty culturists and barbers who do not give, or hold themselves out to give, massage
treatments, as defined herein, other than is customarily given in such shops or places of business, for
the purpose of beautification only shall be exempt from the provisions of this section.
City of Brooklyn Center 23-57 City Ordinance
Section 23-1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in
the business of operating a massage parlor or massage establishment either exclusively or in
connection with any other business enterprise without being first duly licensed as provided herein.
No person shall engage in or hold himself or herself out as being engaged in the practice of massage
nor shall any person administer or practice massage commercially or for hire, or for the exchange of
any valuable consideration within the City of Brooklyn Center without first having obtained a
certificate as herein provided, except any person who is currently registered by the State Board of
Medical Examiners. No business license shall be required for qualified barber shops, hair or beauty
salons or for bona fide health clubs; provided, however that all other requirements of Sections 23-
1700 through 23-1720 must be met, and all masseurs and masseuses must have certificates.
No business license shall be required, and the requirements of Section 23-1712 need not be met, for a
masseur or masseuse, holding a current and valid certificate, to give massages to persons at public
places if both the masseur or masseuse and the customer are fully clothed, the place is open to the
public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders,
arms and back.
Section 23-1704. CONTENTS OF APPLICATION FOR LICENSE. Application for license
shall be made only on the forms provided by the City Manager. Four complete copies of the
application shall be furnished to the office of the City Manager containing the address and legal
description of the property to be used, the names, addresses and phone numbers of the owner, lessee,
if any, and the operator or manager, the nanie, address and telephone number of two persons, who
shall be residents of Hennepin County and who may be called upon to attest to the applicant's,
manager's or operator's chaxacter; whether the applicant, manager or operator has ever been convicted
of a crime or offense other than a traffic offense and, if so, complete and accurate information as to
the time, place and nature of such crime or offense including the disposition thereof; the names and
addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regazding credit
which has been extended for the purposes of constructing, equipping, maintaining, operating or
furnishing or acquiring the premises, personal effects, equipment or anything incident to the
establishment, maintenance and operation of a massage parlor or massage establishment.
If the application is made on behalf of a corporation, joint business venture, partnership or any legally
constituted business association, it shall submit along with its application, accurate and complete
business records showing the names and addresses of all individuals having an interest in the
business, including creditors furnishing credit for the establishment, acquisition, maintenance and
furnishings of said business and, in the case of a corporation, the names and addresses of all officers,
general managers, members of the board of directors as well as any creditors who have extended
credit for the acquisition, maintenance, operation or furnishing of the establishment including the
purchase or acquisition of any items of personal property for use in said operation. All applicants
shall furnish to the City, along with their applications, complete and accurate documentation
establishing the interest of the applicant and any other person, having an interest in the premises upon
which the building is proposed to be located or in the furnishings thereof, personal property thereof,
or the operation or maintenance thereof.
i Ciry of Brooklyn Center 23-58 City Ordinance
Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage,
credit arrangement, loan agreements, security agreements and any other documents establishing the
interest of the applicant or any other person in the operation, acquisition or maintenance of the
enterprise offering a massage. The application shall also contain blueprints diagrams, plans, layouts
and the like showing the construction, revision, remodeling, alteration or additions of or to the
premises and specifically showing the layout, design and arrangement of the bathing and restroom
facilities and the size and type of equipment and facilities to be used.
Section 23-1705. CONTENTS OF THE APPLICATION FOR CERTIFICATE. Application
shall be made only on forms provided by the City Manager. The application shall contain the
following information together with any other information which the City Manager may require:
1. Evidence of the applicant's education qualifications, including originals or certified copies
of degrees, diplomas or certificates, if any.
2. Evidence of applicant's practical qualifications to practice massage.
3. Evidence that the applicant is of good moral character.
4. The names and addresses of two persons, residents of Hennepin CounTy, who may be
referred to as the applicant's character.
5. Whether the applicant has ever been convicted of a crime or offense other than a traffic
offense, and if so, information as to the time, place and nature of such crime or offense.
6. Evidence in the form of a current certificate from a licensed physician practicing in
Minnesota indicating (a) that within the past 30 days he has examined the applicant, and
(b) that such examination was for the purpose of determining whether applicant had any
communicable disease and (c) that as a result of such examination he believes that
applicant is not suffering from any communicable disease which would disqualify the
applicant from engaging in the practice of massage.
Section 23-1706. LICENSE FEE, LICENSE 1NVESTIGATION FEE AND LICENSE YEAR.
The annual license fee and an investigation fee for the purposes of issuing a license shall be as set
forth by City Council resolution. A non-refundable investigation fee must be paid in full before the
application for a new license is accepted. The initial license fee shall be paid in full, with cash, or a
certified or cashier's check, before the license is issued. Renewal license fees shall be paid in fu11 at
the time of application for renewal. The investigation fee may be paid with a personal check. In the
event that the application is denied or in tlie event that the license, once issued, is revoked, canceled
or surrendered, no part of the annual license fee or fee for investigation for the issuance of a license
shall be returned to the applicant unless by express action of the City Council. A separate license
shall be obtained each year for each place of business. The licensee shall display the license on a
prominent place in the licensed premises at all times. A license unless revoked, is for the calendar
year or part thereof for which it has been issued.
City of Brooklyn Center 23-59 City Ordinance
The fee for the investigation for issuance of a license must be tendered with each new application for
a license and must also be paid at any time when there is a proposed change of ownership or
reapplication for a license wherein additional or different parties other than the original licensee and
interested parties are proposing to be licensed. A license for the operation of a massage parlor is
nontransferable.
Section 23-1707. CERTIFICATE FEE, CERTIFICATE INVESTIGATION FEE AND
CERTIFICATE YEAR. The annual certificate fee and an investigation fee for the purposes of
issuing a certificate shall be as set forth by City Council resolution. The certificate fee and fee for the
investigation of the certificate shall be paid when the application is filed. In the event that the
application is denied or in the event that the certificate, once issued, is revoked, canceled or
surrendered, no part of the annual certificate fee or fee for the investigation for the issuance of a
certificate shall be returned to the applicant unless by express action of the City Council. A separate
certificate shall be obtained each year.The certificate holder shall display the certificate on a
prominent place in the premises of the certificate holder at a.11 times. A certificate, unless revoked, is
for the calendar year or part thereof for which it has been issued. The fee for the investigation for
issuance of a certificate must be tendered with each new application for a certificate and must also be
paid at any time when there is a proposed change of ownership or reapplication for a certificate
wherein additional or different parties other than the original certificate holder are proposing
certification. A certificate pernutting the holder thereof to practice massage is nontransferable.
Section 23-1708. GRANTING OR DENIAL OF LICENSES AND CERTIFICATES. License
applications and certificate applications shall be reviewed by the Police Department, Planning and
Inspection Department, Health Department and such other departments as the City Manager shall
deem necessary. The review shall include an inspection of the premises covered by the application to
determine whether the premises conforms to all applicable code requirements.
Thereafter, licenses and certificates shall be recommended for approval or denial by the City
Manager to the City Council, subject to the provisions of this ordinance. Any appeals shall be before
the City Council. A license permitting the conduct of a massage parlor or massage establishment is
nonrenewable and nontransferable and application must be made each year for a license, permitting
and allowing the conduct of such business for the succeeding year. A certificate permitting the
holder thereof to practice or administer massage commercially is nonrenewable and nontransferable
and application must be made each year for a certificate permitting and allowing the holder thereof to
administer or practice massage far the succeeding year.
Section 23-1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE.
1. No license shall be issued if the applicant or any of its owners, managers, employees,
agents or interested parties is a person of �ad repute.
2. Licenses shall be issued only if the applicant and all of its owners, managers, agents,
employees or interested parties are free of convictions for offenses which involve moral
turpitude or which relate directly to such person's ability, capacity or fitness to perform
the duties and discharge the responsibilities of the licensed activity.
City of Brooklyn Center 23-60 City Ordinance
3. Licenses shall be issued only to applicants who have not, within one year prior to the day
of application, have been denied licensure, have had a license revoked or suspended in or
by any community or political subdivision or the State of Minnesota and whose owners,
managers, or any interested parties have not been similarly denied, revoked, or
suspended.
4. Licenses shall be issued only to applicants who have answered fully and txuthfully all of
the information requested in the application, who have paid the fizll license fee and fee for
investigation and have cooperated fully and truthfully with the City in the review of the
application.
5. If the applicant is a natural person, a license shall be granted only if such person is 18
years of age or older.
6. Licenses may only be granted when in complete conformity with the zoning code of the
City of Brooklyn Center. No license shall be granted for any premises which is within
300 feet of, or in the same building as, or on the same legally subdivided lot, piece or
parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop,
tattoo or body piercing establishment, another massage parlor, sauna, school, day care
center, church, hospital, on-sale liquor establishment, halfway house, theater or residence;
provided, however, that this limitation shall not apply to bona fide health clubs or
qualified barber shops, hair or beauty salons or licensed cosmetology salons.
7. Licenses shall be granted only to establishments which can meet the safety, sanitary and
building code requirements of the City.
8. A license shall not be granted if granting the license (a) would be inconsistent with the
comprehensive development plans of the City, or (b) would otherwise have a detrimental
effect upon other property or properties in the vicinity.
Section 23-1710. CONDITIONS GOVERNING ISSUANCE OF THE CERTIFICATE.
1. Certificates shall be issued only to persons of good repute and persons who are in good
health and free from any communicable diseases which would disqualify the applicant
from engaging in the practice of massage.
2. Certificates shall be issued only to persons free of convictions of offenses which involve
moral turpitude or which relate directly to the person's ability, capacity, or fitness to
perform the duties and discharge the responsibility of the occupation.
3. Certificates sha11 not be issued to persons who, within one year prior to the date of
application, have been denied certification or who has had his or her certificate revoked
or suspended in or by any political subdivision, municipality or by the State of
Minnesota.
City of Brooklyn Center 23-61 City Ordinance
4. Certificates shall be issued only to persons who have fully and truthfully answered all of
the information requested in the application and have paid the full certification fee and
certification investigation fee.
5. Certificates shall be issued only to persons 18 years of age or older.
6. Certificates shall be issued only to persons having at least 500 hours of training in
massage from a recognized school.
Section 23-171 l. RESTRICTIONS AND REGULATIONS.
1. No licensee shall employ any person as a masseur or masseuse without first insuring that
said employee possesses a valid certificate for the administration or practice of massage.
2. The licensed premises shall not be open or in operation between the hours of 11:00 p.m.
and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of
massage be on said premises or perform any massage or administer any such services
between the hours of 11:00 p.m. and 8:00 a.m. on the succeeding day.
3. The licensee, masseuse, or masseur and any persons in their employ or agents or o�cers
thereof and any anc� all persons with an interest in said business shall comply with all
applicable ordinances, regulations and laws of the City of Brooklyn Center, the State of
Minnesota, and the United States government.
4. If the licensee is a partnership or corporation, the applicant shall designate a person to be
manager and in responsible charge of the business. Such person shall remain responsible
for the conduct of the business until another suitable person has been designated in
writing by the licensee. The licensee shall promptly notify the Police Department in
writing of any such change indicating the name, address and telephone number of the new
manager and the effective date of such change.
5. The licensee shall permit and allow the inspection of the premises during business hours
by any and all appropriate City employees and agents.
6. The licensed premises must be kept and maintained in a sanitary condition defined as
being free from the vegetative cells of pathogenic microorganisms and al.l equipment,
personal property, tables, beds, towels, clothing and the like used in or for the purpose of
massage shall also be maintained in a sanitary condition as defined herein.
7. Any person acting as a masseur or masseuse sha11 have his or her certificate displayed in
a prominent place at his place of employment and upon demand by any police officer or
other authorized officer or agent of the City of Brooklyn Center, any person engaged in
practicing massage shall identify himself or herself giving his or her true legal name,
correct address and phone number.
City of Brooklyn Center 23-62 City Ordinance
8. No person under 18 years of age shall be permitted upon or allowed to be employed or to
serve in any establishment licensed under the provision of this ordinance.
9. Any person practicing massage within the City of Brooklyn Center shall initially advise
the City of his or her address and telephone number and sha11 further advise the City of
any changes in address or telephone number within thirty (30) days of such change.
10. Except as provided in Section 23-1703, any person practicing massage within the City
may do so only at premises which are licensed for the conduct of such business as herein
provided and further any person practicing massage shall inform the City of any changes
in employment or the location of his employment within the City within seven (7) days
after such change.
11. Any masseur or masseuse practicing massage shall have the upper and lower parts of his
or her body covered and completely clothed by a nontransparent uniform or cloth at all
times.
12. Every person to whom a certificate is issued shall appeaz personally at the Police
Department to receive delivery of the certificate and upon such appearance, sha11 be
photographed and fmgerprinted for identification purposes. One copy of the photographs
shall be permanently affixed to the certificate and a second copy thereof shall be kept in
the files of the Police Department.
13. Each licensee sha11 keep on the licensed premises and for each licensed premises an
occupancy or guest register which shall contain the true correct name, address and phone
number of each patron of the licensed premises. Each licensee, his employees, masseurs,
masseuses, or agents of them shall require each patron to identify himself by such
sufficient identification showing the true correct name, address and phone number of said
patron. The occupancy register or guest register shall be maintained on the licensed
premises and open for inspection by officers, employees and agents of the City of
Brooklyn Center, the State of Minnesota or the United States government and must be
maintained for a period of not less than two years.
Section 23-1712. CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
1. Each licensed premises shall have a separate restroom and separate locker room for
members of each sex.
2. All massage rooms, restrooms and bathrooms used in connection therewith shall be
constructed of materials which are impervious to moisture, bacteria, mold or fungus
growth and shall be maintained in a sanitary condition defined as being completely free
from the vegetative cells of pathogenic microorganisms. The floor-to-wall and wall joints
shall be constructed to provide a sanitary cove with a minimum radius of one inch. All
equipment, personal property, beds, towels, clothing and the like used in the massage
parlor shall be of a sanitary design and kept in a sanitary condition.
Ci o Brookl n Center 23-63 City Ordinance
tY .f Y
3. All restrooms shall be rovided with mechanical ventilation with two cfin er s uare foot
P P q
of floor area, a hand washing sink equipped with hot and cold n�nning water under
pressure, sanitary towels and a soap dispenser.
4. All rooms in the licensed premises including but not limited to sauna rooms, massage
rooms, restrooms, bathrooms, janitor's closet, hallways and reception are shall be
illuminated with not less than thirty-foot candles of illumination.
5. Each licensed premises shall have a j anitor's closet which shall provide for the storage of
cleaning supplies. Such closet shall have mechanical ventilation of two cfm per square
foot of floor axea. Such closet shall include a mop sink.
6. Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept in
a state of good repair and sanitary at all times. Linen and other materials shall be stored
at Ieast twelve inches off the floor. Clean towels, wash cloths and linens must be
available for each customer.
7. Individual lockers shall be made available for use by patrons, with each locker having
sepazate keys for locking.
8. Such licensed premises shall provide adequate refuse receptacles which sha11 be emptied
as often as required.
9. The doors to the individual massage rooms shall not be equipped with any locking device
nor shall they be blocked or obstructed from either side of the door.
Section 23-1713. HEALTH AND DISEASE CONTROL. No person while afflicted with any
disease in a communicable form or while a carrier of such disease or while afflicted with boils,
infected wounds, sores or any acute respiratory infection shall work in or use the services of any
public massage room and no person known or suspected of being afflicted with any such disease or
condition shall be employed or permitted in such area or capacity.
Section 23-1714. REVOCATION, SUSPENSION ORNONRENEWAL OF LICENSE. The
license may be revoked, suspended or not renewed by the City Council upon recommendation of the
City Manager by showing that the licensee, its owners, managers, employees, agents, or any other
interested parties have engaged in any of the following conduct:
1. Fraud, deception or misrepresentation in connection with the securing of the license.
2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the
use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic
drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants or
tran uilizers.
q
3. Conduct inimical to the interests of the public health, safety, welfare and morals.
City of Brooklyn Center 23-64 Ciry Ordinance
4. Engaging in conduct involving moral turpitude or pernutting or allowing others within
their employ or agency to engage in conduct involving moral turpitude or failing to
prevent agents, officers or employees in engaging in conduct involving moral turpitude.
5. Failure to fully comply with any requirements of the ordinances of the City of Brooklyn
Center regarding sanitary and safety conditions, zoning requirements, building code
requirements or ordinances, the violation of which involves moral turpitude, or failure to
comply fully with any requirements of this ordinance.
6. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction.
7. Engaging in any conduct which would constitute grounds for refusal to issue a license
herein.
The licensee may appeal such suspension, revocation or nonrenewal to the City Council. The
Council shall consider the appeal at the next regularly scheduled Council meeting on or after ten days
from service of the notice of appeal to the City Manager. At the conclusion of the hearing, the
Council may order:
1. That the revocation, suspension or nonrenewal be affirmed.
2. That the revocation, suspension or nonrenewal be lifted and that the certificate be
returned to the certificate holder.
3. The City Council may base either suspension or issuance of the certificate upon any
additional terms, conditions and stipulations which they may, in their sole discretion,
impose.
Section 23-1715. REVOCATION, SUSPENSION OR NONRENEWAL OF
CERTIFICATES. Certification may be recommended by the City Manager for revocation or
suspension or not renewed by the City Council for any of the following:
1. Fraud, deception or misrepresentation in connection with the securing of certification.
2. Habitual drunkenness or intemperance in the use of drugs including but not limited to the
use of drugs defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic
drugs, amphetamines, benzedrine, dexedxine or other sedatives, depressants, stimulants,
or tranquilizers.
3. Conduct inimical to the interests of the public health, safety, welfare or morals.
4. Engaging in conduct involving moral turpitude.
5. Failure to fully comply with the requirements of this ordinance.
City of Brooklyn Center 23-65 Ciry Ordinance
6. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction.
The certificate holder may appeal such suspension, revocation or nonrenewal to the City Council.
The Council sha11 consider the appeal at the next regularly scheduled Council meeting on or after ten
(10) days from service of the notice of appeal to the City Manager. At the conclusion of the hearing
the Council may order:
1. That the revocation, suspension or nonrenewal be �rmed.
2. That the revocation, suspension or nonrenewal be lifted and that the certificate be
returned to the certificate holder.
3. The City Council may base either suspension or issuance of the certificate upon any
additional terms, conditions and stipulations which they may, in their sole discretion,
impose.
Section 23-1716. PROHIBITED ACTS. No employer shall employ a person to practice or
administer massage nor permit, suffer or allow a person to practice or administer massage unless that
person has been granted a valid certificate pursuant to this ordinance and every employer shall
require that the certification be prominently and openly displayed on the premises in plain view.
Section 23-1718. SEPAR.ABILITY. Every section, provision or part of this ordinance is
declared separable from every other section, provision or part to the extent that if any section,
provision or part of the ordinance shall be held invalid, such holding shall not invalidate any other
section, provision or part thereof.
Section 23-1719. PENALTIES. Whoever does any act forbidden by this ordinance or omits or
fails to do any act required by this ordinance shall be guilty of a misdemeanor and upon conviction
thereof by lawful authority, be punished by a fine not to exceed $1,000 or imprisonment not to
exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation
exists constitutes a separate and distinct offense.
Section 23-1720. LIABILITY FOR THE CRIMES OF ANOTHER. Every person who
commits or attempts to commit, conspires to commit or aids and abets in the commission of any act
constituting a violation of this ordinance or any act, which constitutes an omission and, therefore, a
violation of this ordinance, whether individually or in connection with one or more persons or as
principal, agent or accessory, shall be guilty of such offense and every person who falsely,
fraudulently forcibly or willfully induces, causes, coerces, requires, permits or directs another to
violate any o� the provisions of this chapter is likewise guilty of such offense.
City of Brooklyn Center 23-66 City Ordinance
a�
Licenses City of Brooklyn Center
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`��w t� a �,t� a ns a'� r
ri��� nua��`ee� ira�i�x�. (���linan�� �F�
q �CC�;s� �_�T ���r.�
Liquor On-Sale 3.2 Malt Liquor- $500 December 31 11-102
Special2 A.M. Closing $200 December 31 11-110
Temnorary $10/day N/A
Liquor Investigation $500 if conducted
within the State of
Minnesota, or the
actual cost not to
exceed $10,000 if
the investigation is
requited outside
the.State�of
Minnesota
Liquor Off-Sale 3Z Malt Liquor �$100 I December 31 I 11-102
Massage Establishmept $3,000 December 31 23-1703
Investigation Establishment $1,500
Masseur or Masseuse $50
Investigation—Masseur/Masseuse $100
Mechanical Systems I$60 I Apri130 I 23-1500
Motor Vehicle Dealer Apri130 23-1202
Class A $250
Class B $75
Pawnbroker I$3,000 December 31 23-603
Investi�ation $1,500
Public Dance �$175 I December 31 I 23-301
Rap Parlors, Conversation Parlors, December 31 23-1804
Adult Encounter Groups, Aduit
Sensitivity Groups, Escort Services,
Model Services, Dancing Services, or
Hostess Services $1,500
Investigation $1,500
Rental Biennial 12-901
Single Family Dwelling
Initial License/New Owner $400
Renewal License {no change in $300
license holder)
Two Family Dwelling
Each Rental Unit $200
Multiple Family Dwelling
Each Building $200
Each Unit $18
Minimum Base Fee $450
Multiple Family Dwelling Six 12-913
Month Provisional License (five or
more units)
Per Building $112.50
Per Dwelling Unit $7.50
Rental Reinspections $50
Rental Compliance Order $50
A�peals
Saunas or Sauna Baths I$3,000 December 31 23-1602
Investi�ation $1,500
Fee Schedule Page 4
I�_
City t�f
I�ROOKLYN Office of the City Clerk
�ENTER
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: July 18, 2006
SUBJECT: An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances
Relating to the Regulation of Liquor
In September 2005, Chapter 11 of the Brooklyn Center Code of Ordinances Relating to liquor,
regulating hours of operation, was amended to reference Minnesota Statutes rather than restate the State
law. It was noted in Mr. McCauley's August 18, 2005, memorandum that the entire liquor code was
being reviewed to simplify it and to remove sections that serve no purpose other than to restate State
law. The Liquor Code has been reviewed and attached is a draft ordinance amendment. The draft has
been reviewed by the City Attorney.
The draft includes a section which allows issuance of off-sale licenses to brewers and brew pub
restaurants [Section 11-104, Subdivision 1 and Section 11-107 (11)]. Attached is information related to
a request from Omar Ansari, Surly Brewing Company, to authorize the sale of growlers on his premises.
Attachments
City of Brooklyn Center
A Millennium Community
To. Mayor Kragness and C uncil Members Carmody, Lasman, Niesen, and O Connor
From: Michael3. McCauley
City Manager
Date: August 18, 2005
Re: Municipal Liquor Store Hours
The City Clerk is reviewing the City Code regarding liquor regulations in genera.l to
simplify the ordinance and to remove sections that serve no purpose other than to restate
Staxe law. We plan to present for City Council consideration a revised chapter on liquor.
As indicated, many sections of the chapter simply restate State law and become incorrect
whenever the State amends its laws. We are proposing the amendment regarding hours of
sale for the municipal liquor store to reflect the changes in hours allowed by the 2005
Legislature in advance of the comprehensive proposal on liquor to allow the liquor store
to operate at the same times as surrounding stores without delaying that change pending a
comprehensive update proposal.
•ti301 Shingle Creek Parkway Recredtion and Community Center Phone TDD Number
Broohlyn Center, MN 5543D-2I99 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityof brooklyncenter.org
CITY OF BROOKLYN CENTER
Notice is hereby given that a public heanng will be held on the day of
2006 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an Ordinance Amending Chapter 11 of the Brooklyn Center Code of
Ordinances Relating to the Regulation of Liquor.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER
CODE OF ORDINANCES RELATING TO THE REGULATION OF LIQUOR
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Sections 11-101 through 11-718 of the City Ordinances of the City
of Brooklyn Center are 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:
LI UOR
Q
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 operation, 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 axe hereby adopted by reference
and are made a part of this Chapter as if set out in full. It is the intention of the City Council that
all future amendments to Minnesota Statutes, Chapter 340A, are hereby adopted by reference or
referenced as if they had been in existence at the time this Chapter is adopted.
Section 11-102. CITY MAIF BE MORE RESTRICTNE 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 Chapter, additional restrictions
on the sale and possession of alcoholic beverages within its limits beyond those contained in
Minnesota Statutes, Chapter 340A, as it may be amended from time to time.
Section 11-103. DEFINITIONS. In addition to the definitions contained in Minnesota
Statutes, Section 340A.101, as it may be amended from time to time, the following terms are
defined for purposes of this Chapter:
1
ORDINANCE NO.
1. Hotel, as used in this Cha ter, means and includes any establishment having a
P
resident proprietor or manager where, in consideration of payment therefor, food
and lodging are regularly furnished to transients, which maintains for the use of
its guests not less than 100 guest rooms with bedding and other usual, suitable,
and necessary 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 employs an adequate staff to provide suitable and usual
service, and which maintains under the same management and control as the rest
of the establishment and has, as an integral part thereof, a dining room with
appropriate facilities for seating not less than 100 guests at one time, where the
eneral ublic are in consideration of a ent therefor served with meals at
g p P Ym
tables. In the case of an on-sale Class E license, the Hotel shall have a dining
room with appropriate facilities for seating not less than 30 guests at one time
where guests are provided with food and beverages.
2. Liquor, as used in this Chapter, without modification by the words "intoxicating"
or "3.2 percent malt," includes both intoxicating liquor and 3.2 percent malt
liquor.
3. Premises, as used in this Chapter, shall mean the inside of the building or the
leased space inside a building as shown on the plan submitted to the City
Manager's designee with the original license. Outside areas, such as patios or
parking lots, shall not be included in the definition of "Premises" unless
specifically listed on the license or special permission is obtained in writing from
the City 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 proprietor or manager, where meals are regularly
prepared 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 consumed while seated at a single location. It shall have a
license 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 establishment," "medium establishment," or "large establishment" as
defined in Minnesota Statutes, Section 157.16, Subdivision. 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. Municinal Liauor Store. A municipal liquor store that was previously
established is hereby continued to be operated within the city for the off-sale of
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ORDINANCE NO.
intoxicating liquor. Except as provided in Section 11-107 (11), no intoxicating 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
taxes, assessments, or other financial claims of the City, County, or State are due,
delinquent, or unpaid shall be leased for municipal liquor store 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 eneral fund out of the first monies comin into the
g g
munici al li uor store fund that are not needed for carr 'n on the business. Any surplus
I P q Y g
accumulating in the mumcipal liquor store fund may be transferred to the City's general
fund by resolution of the City Council and may be expended for any City purpose.
Subdivision 4. Hours of Oneration. The hours of operation and days of sale shall 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 licensed under this Chapter; or where the
consumption and display of Liquor is permitted by State Statute.
Section 11-106. LICENSE REQUIRED. No person or entity, except wholesalers or
manufacturers to the extent authorized by State Statute and the municipal liquor stores, shall
directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for
possession, or otherwise dispose of Liquor as part of a cornmercial transaction without first
having received a license to do so as provided in this Chapter.
Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are
the types of Liquor licenses and permits that may be issued by the City pursuant to this Chapter:
1. On-Sale 3.2 Percent Malt Liauor 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, bowling center, or Hotel where food is prepared and
served for consumption on the Premises or to the City of Brooklyn Center for City
facilities and events.
2. Off-5ale 3.2 Percent Malt Liauor License, which shall permit the sale of 3.2
percent malt liquor in its original package for consumption off the licensed
Premises only.
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ORDINANCE NO.
determine whether such food and beverages are adequate to protect the
public interests. Changes in menu may not be made without the prior
approval of the City Manager's designee. Liquor may be dispensed for no
more than two hours a day and shall not be dispensed before 4 p.m. or
after 8 p.m. The licensee shall not require the payment of consideration
for Liquor other than that which is paid as its regular charges for rooms.
The area designated as the dining room shall be adequately separated from
other common areas of the Hotel by physical barriers to control ingress
and egress and to ensure security and compliance with the provisions of
this Chapter. Class E licensees may serve Liquor on Sunday subject to the
provisions of this Chapter without having to obtain a separate Sunday On-
Sale Intoxicating Liquor License.
f. On-Sale Class F Intoxicatin� Liauor License. This license is available
only to the Earle Brown Heritage Center. This license allows the sale and
dispensing of Liquor at the convention center and bed and breakfast
facilities located at the Earle Brown Heritage Center. This license applies
to the sale and dispensing of Liquor to patrons attending events at the
Earle Brown Heritage Center. This license shall no
t be valid for amateur
athletic events held at the Earle Brown Heritage Center.
g. Snecial 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,
promotional activities, or other special events. A Special Event Permit
may be issued by the City only 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 requested by the City
Manager's designee shall be submitted therewith.
A Special Event Permit may be granted for a period of 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 by 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 controls, and the nature of the event proposed.
The Special Event Permit may specify conditions with which the licensee
must comply, and the sale of Liquor pursuant to the permit shall be
deemed a consent and agreement to the imposition of such conditions.
Violations of any such conditions or any other provisions of law are
grounds for suspension or revocation of the Special Event Permit and of
the licensee's Liquor license.
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3. Temnorarv On-Sale 3.2 Percent Malt Liauor License, which shall be issued only
to a club, charitable, religious, or nonprofit organization. Temporary On-Sale 3.2
Percent Malt Liquor Licenses shall be subject to any special terms and conditions
the City Council may prescribe.
4. On-Sale Intoxicatin� LiQUOr License. A Restaurant must have a dining room that
i's open to the general public, with a total minimum floor area of 1,800 square feet
and seat not less than 150 guests at one time in order to obtain an On-Sale
Intoxicating Liquor License. The following are the classes of On-Sale
Intoxicating Liquor Licenses that may be issued by the City:
a. On-Sale Class A Intoxicatin� Liauor License. A Hotel or Restaurant that
has 80% or more of its applicable revenue derived from the serving of
food for consumption on the Premises is eligible for a Class A license.
b. On-Sale Class B Intoxicatin� LiQuor License. A Hotel or Restaurant that
has 50% to 79% of its applicable revenue derived from the serving of food
for consumption on the Premises is eligible for a Class license.
c. On-Sale Class C Intoxicatin� Liquor License. A Hotel or Restaurant that
has 40% to 49% of its applicable revenue derived from the serving of food
for consumption on the Premises and derives a considerable part of its
revenue from sources other than Liquor or food is eligible for a Class C
license.
d. On-Sale Class D Intoxicatin� Liauor License. A Hotel or Restaurant that
is a new Liquor license applicant that has not established a ratio between
food and Liquor revenue 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 appropriate license class
for the following year. If such documentation is not available, the Class D
license shall be extended for no more than one additional year. Otherwise,
a Class A, B, or C license will be assigned by the City based on the
established ratio between food and Liquor sales.
e. On-Sale Class E Intoxicatin� Liauor License. This license is available
only to Hotels that serve food and Liquor in a dining room that is open to
the general public that has a total minimum floor area of 1,200 square feet
and seating for 100 people; and that is conducted in such a manner that a
significant part of the revenue for a license year is the sale of food for
consumption on the Premises. Applicants for Class E licenses must
submit with their applications menus of food and nonalcoholic beverages
that will be served with the Liquor dispensed. The City Council shall
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5. 5undav On-Sale Intoxicatin� Liauor License. This license may be issued only to
an establishment that holds an On-Sale Intoxicating Liquor License and that
serves Liquor only in conjunction with the service of food.
6. Temporarv On-Sale Intoxicatin� Liauor License. This license may be issued only
upon receiving the approval from the Commissioner of Public Safety. The license
may be issued only in connection with a social event within the city that is
sponsored by a club or charitable, religious, or other nonprofit organization that
has existed for at least three years. The license may authorize the sale of
intoxicating 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
temporary 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 occupies. The temporary license may provide that the licensee may
contract for intoxicating liquor catering services with the holder of an On-Sale
Intoxicating Liquor License issued by any municipality.
I
7. On-Sale Club Liauor License. This license may be issued only with the approval
of the Commissioner of Public Safety. This license may be issued only to clubs
that have been in existence for at least three years and that shall sell Liquor only
to members and bona fide guests.
8. On-Sale Wine License. This license may be issued only with the approval of the
Commissioner of Public Safety. 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 manner 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 licensed Premises in conjunction with the sale of food shall
be permitted.
9. Optional2 A.M. Closin� Snecial Liauor License. This license may be issued only
to an establishment that holds an on-sale Liquor license and has obtained an
optional2 A.M. Closing Permit from the Commissioner ofPublic Safety.
10. Consumption and Disnlav Permit. This permit may be issued to an applicant for
an establishment that complies with the requirements of Minnesota Statutes,
Section 340A.414, and has obtained a permit from the Commissioner of Public
Safety.
11. Brewer and Brew Pub Off-Sale License. This license may be issued only with the
approval of the Commissioner of Public Safety for sale of 64-ounce containers of
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ORDINANCE NO.
malt liquor produced and packaged on the licensed Premises in accordance with
the requirements of Minnesota Statutes, Section 340A.301, Subdivision 7(b).
Section 11-108. NUMBER OF LICENSES THAT MAY BE ISSUED. The number of
On-Sale Intoxicating Liquor Licenses issued by the City shall be limited to 18. The license for
the Earle Brown Heritage Center shall not be included in this limit. The number of On-Sale
Wine Licenses shall be unlimited.
Section 11-109. TERM AND EXPIRATION OF LICENSES AND PERMITS. Each
Liquor license shall be issued for a maximum period of one year. All licenses, except 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 accompanying City
consent to the permit, shall expire on March 31 of each year.
Section 11-110. LICENSE AND PERMIT FEES; PRO R.ATA.
Subdivision 1. License Fees. The fees for all Liquor licenses and permits shall be set by
City Council resolution.
Subdivision 2. Investi�ation Fee. A non-refundable investigation fee set by City Council
resolution must be paid by the applicant in full before an application for a new license is
i 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 renewal, a change in the ownership or control
of the licensee, or because of an enlargement, alteration, or extension of Premises
previously licensed, the licensee shall pay an additional investigation fee set by City
Council resolution.
Subdivision 3. Renewal License Fees. Renewal license applications shall be filed by
November 1 of the preceding 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, good 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 this Chapter are complied with,
grant the application. A late renewal charge set by City Council resolution shall be
applied to renewal license applications that area submitted 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 licenses, except temporary Liquor
licenses, that are granted 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 monthly basis for an On-Sale or Off-Sale 3.2 Percent Malt Liquor License,
and prorated on a daily basis for an On-Sale Intoxicating Liquor License. When the
Liquor license is for a property on which the building is not ready for occupancy, the
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ORDINANCE NO.
commencement date for computation of the license fee for the initial license period shall
be the date on which a certificate of occupancy is issued.
Subdivision 5. Refund of License Fees. Temporary Liquor license fees are non-
refundable. No part of the fee paid for any other type Liquor license issued under this
Chapter shall be refunded by the City except in the following instances 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 unexpired period of the
license, computed on a monthly basis, when operation of the licensed business ceases not
less than one month before expiration of the license because of:
a. destruction or damage of the licensed Premises by fire or other peril;
b. 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 11-11 l. APPLICATIONS FOR LICENSE.
Subdivision l. Reauirements for Liauor Licenses; Excludes Temborarv 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 Manager's designee. No person shall make a false statement in an
application. In addition to the information that may be required by the Commissioner of
Public Safety, the application shall contain the following information:
a. Whether the applicant is a natural person, corporation, partnership, or
other form of entity;
b. Type of Liquar license that the applicant seeks;
c. A personal infortnation form, as provided by the City, filled out by the
sole owner; each partner; each manager, proprietor, or other person with
management responsibilities for the Premises; each person who, singly or
together 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 individual:
1. Full legal name, place and date of birth, and street residence
address of the individual;
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ORDINANCE NO.
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 concerning dates and places where used;
3. Whether the individual is married or single. If the individual 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;
4. Whether the individual and his or her current spouse are registered
voters and, if so, the city and state in which each of them is
registered;
5. 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 occupation 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 any, for the preceding
ten years;
8. 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, misdemeanor, or petty
misdemeanor, other than a traffic offense. 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 saloon, Hotel, Restaurant,
cafe, tavern, bar, or other business of a similar nature. If so, the
individual shall furnish information as to the date, place, and
length of time of the employment or operation;
10. Whether the individual has ever been in military service. 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 current spouse than second cousin, whether
of the whole or half blood, computed by the rules of civil law, or
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ORDINANCE NO.
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 in 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 Minnesota who are of good moral
character and not related to the individual or financially interested
in the Premises or business, who may be referred to with respect to
the individual's character.
d. A legal description of the property to be licensed together with a site plan
of the property showing dimensions and location of buildings;
e. 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 if
so required, 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 business, 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, but shall not include persons owning or
controlling less than five percent (5%) interest in the business if a
corporation;
g. A statement as to whether or not all real estate and personal property 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 designee shall require.
Subdivision 2. On-Sale Club Liauor License. In addition to the requirements listed in
Subdivision 1, the application for an On-Sale Club Liquor License shall contain the
following information:
a. The name of the club;
b. The date that the club was first incorporated. The applicant shall provide
copies of the club's articles of incorporation, bylaws, and the names and
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10
ORDINANCE NO.
street addresses of all officers, members of the executive committee,
managers, and board of directors;
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 stated therein. In the event that no person can
make such a statement, satisfactory documentary proof may be submitted
in support of such facts;
d. A statement of the number of club members that is certified by the club
treasurer; and
e. If a passcard, password, passkey, or other indicia of inembership is a
condition of entrance to the club, the applicant shall provide the City
Manager's designee with such indicia of inembership to be used only for
the purposes set forth in this Chapter.
Subdivision 3. On-Sale Intoxicatin� Liauor and On-Sale Wine Licenses. In addition to
the requirements 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 certification, as required by Minnesota Statutes, Chapter
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 certificate as to a
trade name under the provisions of Minnesota 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 incorporation or association agreement, and
bylaws; if a foreign corporation, a certificate of authority as described in
Minnesota 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 persons intended to be served in each of the rooms; and
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ORDINANCE NO.
e. If the application is for Premises that is planned, under construction, or
undergoing substantial alteration, the application shall be accompanied by
a set of preliminary plans showing the design of the proposed Premises to
be licensed.
Subdivision 4. Temporarv On-Sale Intoxicatin� Liauor License. Every application for a
Temporary On-Sale Intoxicating Liquor License shall be in the form prescribed by the
Commissioner of Public Safety. The form shall be verified and filed with the City
Manager's designee.
Subdivision 5. Temporarv On-Sale 3.2 Percent Malt Liquor License. Every application
for a Temporary On-Sale 3.2 Percent Malt Liquor License shall be made on a form
supplied by the 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 require from 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. Consumntion and Dis�lav Permit and One-Dav Temnorarv Consumntion
and Disnlav 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 Commissioner of Public Safety. The form shall be verified and filed with the City
Manager's designee.
Section 11-112. EXECUTION OF APPLICATION. If the application is by a natural
person, it shall be signed and sworn to by such person; if by a corporation, by an officer 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 partners; if by an unincorporated
association or other type of organization, by the manager or managing officer thereof.
Section 11-113. TRANSFER OF LIQUOR LICENSE. No transfer of Liquor license
shall be permitted from place to place or person to person without complying with the
requirements of an original application, except where a new application is filed as a result of
incorporation by an existing licensee and the ownership, control, and interest in the license are
unchanged.
Section 11-114. INVESTIGATION OF APPLICATIONS. All applications for a Liquor
license, excluding temporary Liquor licenses, shall be referred by the City Manager's designee to
such other City departments as the City Manager's designee shall deem necessary far
verification and investigation of the facts set forth in the application. The City Manager's
designee is empowered to conduct background and financial investigations to verify the
information in the application, including, but not limited to, ordering a computerized criminal
history inquiry obtained through the Criminal Justice Information System and/or a driver's
license history inquiry as recorded by the State Deparhnent of Public Safety on the applicant.
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ORDINANCE NO.
The City Manager's designee shall cause to be made such investigation of the information
requested in this Chapter as shall be necessary and shall make a written recommendation and
report to the City Council. The City Council may authorize such additional investigation as it
shall deem necessary.
Section 11-115. APPROVAL OF LICENSES AND PERMITS BY CITY COUNCIL.
All Liquor licenses and permits set forth in this Chapter shall be subject to review and approval
b the Cit Council.
Y Y
Section 11-116. PERSONS INELIGIBLE FOR LIQUOR LICENSE. In addition to the
requirements contained in Minnesota Statutes, Section 340A.402, as it may be amended from
time to time, no license shall be granted to or held by any of the following persons (which shall
also include the characteristics of any owners, officers, managers, employees, or others who
require investigation under this Chapter):
l. Who is not the proprietor of the establishment for which the license is issued;
2. Who is not a citizen of the United States or a resident alien, or upon whom it is
impractical to conduct a background and financial investigation due to the
unavailability of information;
3. Who is or during the period of the Liquor license becomes the holder of a federal
retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any
place unless there has also been issued to him or her a local license to sell
intoxicating liquor at such place;
4. Who, if a corporation, does not have a manager who is eligible pursuant to the
provisions of this Chapter;
5. Who is the spouse of a person ineligible for a license pursuant to the provisions of
this Chapter or who, in the judgment of the City Council, is not the real party in
interest or beneficial owner of the business operated, or to be operated, under the
license; and
6. An on-sale Liquor 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 renewal; if, in the case of a partnership, the managing partner is not a
resident of the Twin Cities Metropolitan Area at the time of the date for renewal;
or in the case of a corporation, 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, Dakota, Hennepin, Ramsey, Scott, and Washington.
Section 11-117. PLACES INELIGIBLE FOR LIQUOR LICENSE.
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ORDINANCE NO.
Subdivision 1. No Liquor license shall be granted for sale on any Premises if the licensee
has been convicted of any willful violation of this Chapter or of Minnesota Statutes,
Chapter 340A, or if any license hereunder has been revoked for cause until one year has
elapsed after such conviction or revocation.
Subdivision 2. No on-sale Liquor license shall be granted for a bona fide club that has
not been in operation and eligible to receive a license for at least six months immediately
preceding the application for a license.
Subdivision 3. No Liquor license shall be granted, or renewed, 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; or 2) any Premises that is part of a larger tax
parcel on which ad valorem real estate taxes or assessments collected with such t�es are
due, delinquent, or unpaid. In the event an action 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 Liquor 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 Premises
owned by a minor, nonresident alien, or a person who has been convicted of a crime other
than a violation 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 public
lobby shall not be construed as a common entrance or exit.
Subdivision 6. No Liquor license shall be granted if the Premises is located within 300
feet of, or within the same building, or on the same legally subdivided lot, piece, or parcel
of land as any of the following uses: a school, day care center, church, hospital, halfway
house, currency exchange operation, theater, residence, pawnshop, secondhand goods
dealer, tattoo establishment, body piercing establishment, massage parlor, sauna, or
another on-sale Liquor establishment.
Section 11-118. CONDITIONS OF LIQUOR LICENSE. Every Liquor license shall be
granted subject to the following conditions and any other applicable ordinance of the City or
State law:
1. The Liquor license shall be posted 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 unqualified right to enter, inspect, and search the licensed
Premises during business hours without a warrant. `Business hours" shall be
14
ORDINANCE NO.
deemed any time when licensee or employees are present on the Premises.
Refusal to permit 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 Liquor establishment shall sell intoxicating liquor off-sale;
5. 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 responsibility requirements of State law
and of this Chapter;
8. The business records of the licensee, including federal and State tax returns, shall
be available for inspection by the City Manager, or other duly authorized
representative of the City at all reasonable times. Business records for accounting
functions required to demonstrate compliance with the provisions of this Chapter
shall be prepaxed in accordance with standard accounting practices as determined
by the City Manager's designee; and
9. Any changes in the corporation, entity or club's officers, directors, partners,
corporate charter, articles of incorporation, bylaws, or partnership agreement shall
be submitted to the City Manager's designee within 30 days after such changes
are made. In the case of a corporation, the licensee shall immediately notify the
City Manager's designee when a person not listed in the license application
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 provisions of this Chapter.
Section 11-119. HOURS OF OPERATION.
Subdivision l. Hours of Oneration. The hours of operation 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. Closin� Special Liauor License. No Liquor licensee may sell on-
i sale Liquor or consume or display Liquor on the licensed Premises between the hours of
15
ORDINANCE NO.
1 a.m. and 2 a.m. unless the licensee has obtained an optional2 A.M. Liquor Permit from
the Commissioner of Public Safety and has been issued the 2 A.M. Closing Special
Liquor License by the City.
Section 11-120. RESTRICTIONS ON PURCHASE AND CONSUMPTION. In every
prosecution for a violation of the provisions of Minnesota Statutes, Section 340A.503, relating to
the sale or furnishing of intoxicating liquor 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 presented to the licensee, his or her employee or agent, a verified identification
from which it appears that said person was 21 years of age and was regularly issued such
identification card, shall be prima facie evidence that the licensee, his or her agent or employee is
not guilty of a violation of such a provision and shall be conclusive evidence 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 ReQUired. All applicants for any Liquor license or a
Consumption and Display Permit must, as a condition to the issuance of the license or
permit, provide proof of Liquor liability insurance to the City Manager's designee, which
shall be subject to the approval of the City Council. The issuer or surety on any liability
insurance policy or bond shall be licensed to do business in the State of Minnesota, and
all documents shall be approved as to content, form, and execution by the City Attorney.
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 Resnonsibilitv. All applicants for any Liquor license
or a Consumption and Display Permit must, as a condition to the issuance of the license
or permit, demonstrate proof of financial responsibility. Proof of financial responsibility
may be provided by supplying to the City Manager's designee any of the following
information:
a. An insurance certificate stating that there is in effect for the license ar
permit period an annual aggregate insurance policy of not less than
$300,000 per policy year for the Premises for dram shop insurance; or
b. A bond of a surety company with minimum coverage as provided in
clause (a); or
c. A certificate from the Commissioner of Finance that states that the
licensee or permittee has deposited with the Commissioner of Finance
$300,000 in cash or securities that may legally be purchased by savings
banks or for trust funds having a market value of $300,000.
16
ORDINANCE NO.
Subdivision 3. Any liability insurance required by this Section must provide that it may
not be canceled for any cause by either the insured or the insurer unless the canceling
party has first given ten days' notice in writing to the City of the intent to cancel the
policy.
Subdivision 4. Temporary On-Sale Liquor License holders are subject to the provisions
of Subdivisions 1 through 3 of this Section, with the exception that the minimum dram
shop insurance policy limit shall be no less than $500,000 for events held on City-owned
property, such as parks.
Section 11-122. CITY COiJNCIL DISCRETION TO GR.ANT OR DENY A LICENSE
OR PERMIT. The City Council in its discretion may either grant or deny the application for any
license or permit or for the renewal of any license. No applicant 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 another holder. Each license or permit shall be issued only for the Premises
described in the application. If an applicant 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 long as the total amount of hours approved by the City Council does not change.
Licensed Premises that are granted both On-Sale Wine and On-Sale 3.2 Percent Malt Liquor
Licenses by the City Council are authorized to sell beer with an alcohol content in excess of 3.2
percent.
i Section 11-123. GAMBLING REGULATIONS.
Subdivision 1. Lawful Gamblin� Permitted. No gambling ar any gambling device shall
be permitted on any licensed Premises with the exception of lawful gambling on a licensed on-
sale Liquor Premises by licensed charitable nonprofit organizations that have been in existence
in Brooklyn Center for at least three years.
Subdivision 2. Lease A�reement Terms. The charitable organization's use of the
licensed on-sale Liquor Premises shall be by means of a written lease agreement between the
Liquor 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 Liquor licensee for any Liquor
license fees or other gambling related expenses incurred by the Liquor licensee.
The only compensation that the Liquor licensee may obtain from the charitable
organization is the rent fixed in the lease agreement;
17
I
ORDINANCE NO.
d. Lawful gambling shall not be conducted by employees of the Liquor licensee or at
the bar service area; and
e. The lease shall contain a provision permitting the Liquor licensee to terminate the
lease if the charitable organization is found guilty of any violation of State or
local gambling statutes, ordinances, rules, or regulations.
Subdivision 3. Limit on Or�anizations. Only one charitable organization shall be
permitted to conduct lawful gambling on the licensed on-sale Liquor 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
organization per week.
Subdivision 5. Resnonsibilitv for Violations. The Liquor licensee shall be responsible
for the charitable organization's conduct of lawful gambling. The City Council may order that
the lawful gambling cease on the licensed Premises for a period up to sixty (60) days or disallow
lawful 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 Liquor licensee or the
charitable arganization. Any violation of this Section may also be considered by the City
Council as grounds for suspension or revocation of the Liquor license.
Section 11-124. PROHIBITED ACTIVITIES.
Subdivision 1. Prohibition. It is unlawful for any licensee, permittee, owner, or manager
of any establishment licensed under this Chapter to cause, commit, permit, or allow in the
licensed Premises any of the prohibited activities listed in this Section or any similar activities or
to sell Liquor in any Premises from which any such prohibited activities may be viewed or heard.
Subdivision 2. Prohibited Activities. Prohibited activities referred to in Subdivision 1 of
this Section include the following:
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 displays, or strip-
tease dancing; and
c. The display of any of the foregoing by any means including, but not
limited to, books, printed material, magazines, movies, pictures, videos,
plays, exhibitions, recordings, 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, observation, sound, or any other means.
18
ORDINANCE NO.
Subdivision 3. Penaltv. Violation of this Section is grounds for revocation of any Liquor
license or permit issued under this Chapter.
Section 11-125. REVOCATION AND SUSPENSION. The City Council may suspend
or revoke any Liquor license or permit and may impose a civil penalty not to exceed $2,000
pursuant to Minnesota Statutes, 340A.415, for the violation of any provision or condition of this
Chapter or of any State law or rule or federal law regulating the sale of Liquor. The City Council
shall revoke a Liquor license for any willful violation that, under the laws of the State, is grounds
for mandatory revocation, including the licensee'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 permit 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 time and place of the hearing 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 licensed 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, Chapter 340A, shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine of not more than one thousand dollars
($1,000) 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 day of 2006.
Ma or
Y
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(c*ri'�R indicates matter to be deleted, underline indicates new matter.)
19
YYYYU�U
Curt Boganey
om: LeFevere, Charlie L. [clefevere@Kennedy-Graven.com]
nt: Monday, May 01, 2006 1:58 PM
To: Curt Boganey
Curt,
I received a voicemail from Ms. Marlene Kjelsberg of the State Liquor Control Division in reponse to my email to her of April 26,
2006. In her voicemai{ she offered no formal opinion about the authority of cities with municipal liquor stores to issue off-sale
licenses to small breweries for the sale of "growlers" or any explanation of why the Alcohol Control Division felt that such licenses
could be issued.
She did note, however, that it was the opinion of the Liquor Control Division that it was the intent of the legislature to authorize the
issuance of such licenses and that a"precedent" had been set by the issuance of one such license in Eden Prairie, which has a
municipal liquor store, and which issued a license to a brew pub in the city. I called the city attorney who advised me that such a
license had been issued but that he believed the licensee was no longer in business.
He also advised me that the chief of pofice had not incouraged the issuance of such a license on public safety grounds. As I
understand the chiefs objections, he was concerned about the sale of growlers. Growlers are 64-ounce containers of beer that
are easily opened and are not bottled under pressure so that they must be drunk quickly to avoid going flat. I believe the chief felt
that this would tend to encourage the drinking of alcohol, pefiaps in inappropriate places or inappropriate amounts.
I would recommend that the Brooklyn Center Police Chief be contacted to see whether he has any concerns about such sales.
The purpose of a municipal liquor off-sale store is to control intoxicating liquor sales in the city, and the issuance of private off-sale
licenses would not consistent with this purpose.
ough it seems to be at least the informal position of the Alcohol Control Division that such licenses may
ssued, I see nothing in the statute to support that position. However, even if State law authorized such
licenses, the city would not be required to issue them. If the city council did wish to authorize such licenses, an amendment to the
city's liquor code would be required.
If the council wished to pursue issuance of such a license, it could request the Alcohol Control Division to request a formal opinion
from the Attomey General. Or, if the council wished to rely on the informal opinion of the Liquor Control Division and to issue such
licenses, it could simply direct staff to prepare a proposed amendment to the city code.
Please fet me know if you have any questions.
Charlie
Charles L. LeFevere
Kennedy and Graven, Chartered
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Telephone: (612) 337-9215
Fax: (612) 337-9310
clefevere(�a kennedv-oraven.com
5/1/2006
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: April 14, 2006
Re: Update
SURLY BREWING COMPANY
The on again off again request related to the sale of Growlers at the Surly Brewing
Company location is back on. The Liquor Control Commission now has indicated that it
may be of the opinion that the City of Brooklyn Center is authorized to approve an off-
sale growler license at a microbrewery. Mr. Boganey has requested a written opinion
from the state agency so that we can proceed if we receive written confirmation.
COUNCILMEMBER LASMAN INQUIRY REGARDING CRIME PREVENTION
GOLF TOURNAMENT
Council Member Lasman requested that the following e-mail be forwarded to the
Council:
Please forward this message to the Mayor and Councilmembers.
Hello Myrna, Kathleen, Diane, and Mary,
At our last meeting, I forgot to ask you if you would be interested in once again sponsoring a hole
for this year's Crime Prevention Golf Tournament fundraiser. Hole sponsorship is $100 so it
would be $20 for each of us, if we would like to do this again this year. If we decide to sponsor a
hole, the tournament committee will again provide a sign on the hole with our names on it. All of
the golfers see the sign, and in years past, I have been told by those in attendance that they
really appreciate the Council's participation and support of the event. Please let me know if you
are willing to contribute $20 toward this effort. I will pass the information along to the committee
chair, and you can pay me the money at the next meeting.
Thank you.
Kay
MINNESOTA AFFIDAVIT OF CANDIDACY
Enclosed is a copy of the Minnesota Affidavit of Candidacy form that was discussed on
Monday.
Sharon Knutson
From: Michael McCauley
Sent: Friday, April 14, 2006 1:59 PM
To: 'LeFevere, Charlie L.'
Cc: Sharon Knutson; Curt Boganey
Subject: RE: Brewpub appiication for off-sale growler license
Charlie,
Please review and advise on any ordinance change necessary to issue a license:�After your review, I will put
this on a work agenda for council direction on whether they want to do this or not. Thank you.
Mike
From: Curt Boganey
Sent: Friday, April 14, 2006 1:53 PM
To: Michael McCauley
Cc: 'clefevere@kennedy-graven.com'
Subject: FW: Brewpub application for off-sale growler license
FYL
Mike your direction on the application.
From: Kjelsberg, Marlene [mailto:Marlene.Kjeisberg@state.mn.us]
Sent: Friday, April 14, 2006 1:10 PM
To: Curt Boganey
Subject: RE: Brewpub application for off-sale growler license
AGED's interpretation of Chapter 340A.301, subd. 7 is that it authorizes a city to issue an off sale license to a brewer or
brewpub only for the sale of their products in 64 oz. containers from the place of manufacture. This is an exception to
340A.405 that says off sale licenses may only be issued to exclusive liquor stores, and in some cases drug stores and
grocery stores. Chapter 340A.509 also provides that a city may be more restrictive in the sale of alcoholic beverages
within their respective jurisdiction, and if Brooklyn Center decides they do not desire to issue an off sale license to a
brewer or brewpub for the sale of only their products in 64 oz. growler containers from the place of manufacture, they
may decline to issue that license. Chapter 340A301, subd. '7 does not provide that a city may issue any other types of
businesses off sale licenses, however. Ultimately, iYs going to be a city decision in this matter, and if the city decides to
issue the license, AGED would in all likelihood approve the brewer off sale license as well.
Marlene Kjelsberg, Supervisor
Alcohol Gambling Enforcement Division
Department of Public Safety
444 Cedar Street, Suite 133
St. Paul, MN 55101
Phone: 651-296-6430 (On May 9, 200G will change to 651-201-7503)
Fax: 651-297-5259
-----Original Message-----
From: Curt Boganey [mailto:cboganey@ci.brooklyn-center.mn.us]
Sent: Friday, April 14, 2006 11:47 AM
To: Marlene.Kjelsberg@state.mn.us
4/14/2006
Subject: Brewpub application for off-sale growler license
Ms Kjelsberg:
Thank you for your assistance.
The City of Brooklyn Center has been approached by the President of Surly Brewing Co. requesting that the City issue an off-sale
growler license for use at its current micro-brewery location here in Brooklyn Center.
We have been advised that as the operator of a municipal liquor store the City of Brooklyn Center is not authorized to issue off-sale
intoxicating liquor licenses and therefore the City may not approve the application of Surly Brewing Co.
From our previous communications, I understand that the Liquor Control Commission does not agree with this interpretation of the
state law and the City of Brooklyn Center is authorized to consider and approve an application for an off-sale growler license at the
subject micro-brewery.
Please confirm in writing and cite the authority under which an application for an off-sale intoxicating liquor license may be approved
by the Ciry of Brooklyn Center.
Your assistance is greatly appreciated.
Curt Boganey,
Assistant City Manager
4/14/2006
2 1
�.S�Y.
March 15, 2006
Mr. Omar Ansari
President
Surly Brewing Company
4811 Dusharme Drive
Brooklyn Center ,MN 55429
RE: Growler License Application
Dear Mr. Ansari:
On this date, as requested, I spoke with Marlene Kjelsberg, Office Operations
Coordinator for the Deparhnent of Public Safety, State of Minnesota. Ms. Kjelsberg
stated that she would contact the Attorney Generals office to get a determination on
whether or not a City with a municipal liquor store is authorized to approve an
intoxicating liquor license to sell "growlers" as you have requested. Therefore, we will
be holding our response to your application request until we receive the results of the
Attorney General Opinion regarding this issue before we proceed further. Please let me
know if you have questions or concerns.
Sincerely,
Curt Boganey
Assistant City Manager/Director of Operations
Cc: Mike McCauley
Charlie LeFevere
Sharon Knutson
G:�Asst City Mgr\brew9pub.ltr.doc
I
Monday, March 13, 2006
Mr. Curt Boganey
I am submitting a brewery/brewpub application for off-sale growler license. The directors
at Alcohol and Gambling will not write any letters in support of municipal liquor cities
issuing off-sale licenses, as they do not write letters by the request of citizens or
businesses. However, the license issuers at the state have verbally stated that they would
have no opposition to issuing a license in our situation if presented with the opporhznity.
With this in mind, and the fact that the state did issue a license to the municipal-liquor
city of Eden Prairie for an off-sale growler license to�� brewpub in 2003, I would greatly
appreciate if the Department could be contacted for their thoughts on the matter.
Thanks for taking the time to review this and I look forward to receiving the cities
response to the issue.
Sincerely,
r
s <n
.t r
f`
omar ansari
President
481 I Dusharme Drive Brooklyn Center, MN 55429 tel 763.535.3330 fax 763.535.2708 wwwsurlybrewing.com
IL
M"innesota Department Of Public Safety ALCOHOL AND GAMBLING ENFORCFME... Page 1 of 3
Minnesota. Department Of Public Safety
s:'.
ALCOHOL AND GAMBLING ENFORCEMENT f
M1 i
444 Cedar Street Surte 133
St. Paul, MN 55101-5133
(651)296-6439 Fax (651) 297-5259 TTY (651)282-6555
www.dps. state.mn/alcgamb/alcgamb
r����l ���C� ��.��t'°' �'��L :��f�
APPLICATION FOR BREWPUB OFF SALE lYIALT LIQUOR T.ICENSE
Annual Brewpub Production in Barrels a
Workers Compensation Insurance Company Name �C`' ctdw,�.� Policy
1-�� wK�y�
Licensee's MN Sales and Use Tag ID# 1 To apply for a sa and use tax ID call (651) 296-6181
If a corporation, an officer shaIl eaecute this application If a partnerslup, a partner shall eaecute this application
Licenaee Name (Individual, Corporation, Paz4►aslup, LLC) Social Security rade Nameor DBA
SJ ��i� �!3 i?��9 t�#3 C�_ a-1 �'f i� n
t�icense Locati (Street Addresa 8c Block No.) icenae Period AppficanYs Home Phone
`1 TJ 1 t L�S st?� kl 1� �rom To -a� �.3
ty co,►�`� l� sr��� z� coa� 'li
�/'L ��vt l� /����9�'
hlame of Store Ma�ager smesa Phone I�umber �o B(Individual Applicant)
�7%��,5 ,3.� 3 3� I
[f a corporation or LLC state name, date of birth, Social Security address, tiUe, and s6ara held by each officer. If a partnership, state names, address and
uf birth of each partner.
Paztner Officer (Firat, middle, last) DO SS# Title hares Address, City State, Zip Code
D��r `���l�v�►�„� ��t5�,�� ���s%�'�� I�����:��sTv�'nl ("�;�e�� (��j�r�
Partner Officer (First, middle, last) D B S# Tifle �area Addresa, City, State, Zip Code
Partner �cer (Fiist, middle, last) DOB �SS# Title 5harea Addresa, City, State, Zip Code i
4 r
Paztner �cer (Fust, middle, last) DOB �SS# TiUe 5hare.s Addresa, City, State, Zip Code
1. If a corporation, date of incorporation I'� state incorporated in aznount paid in capital�F1 t� J If a subaidiary
If inc ated nnder U►e laws
ffiy ot�er corpomtion, so atate and grve Pu�pou of corporation f�2:�i �rP�
another atate, is corporation authorized to do businesa in the atate of Minnesota? 0 Yes 0 No L
2 Descn�be ia to w ch licens appliea• ch mm(first floor, second floor, basement, etc.) or if entare building, so state.
�w.�� �.'1`
3. Is eatablistunent located near any atate univer�fy, state hospitat, haining school, reformatory or prison? Yes,�o If yea shte approximate dis��.
4. Name and addresa ofbuilding owner: /V�Pi SL'�►rin ��.�'f
Has owner of
building any connection, directly or ind'uectly, with applicant7�Yes 0 No
5. Is applicant ar any of the associatea in this application, a n►ea►ber of the govecning body of the municipality in which this licenae ia to be iasued? [3 Yes
yea, in what capacit}R
6. State whe@�er any peraon other� applicantv Lae any right, titie or mtereat in the fumiWre, fixtnrea or equipment for which ficense is applied and if so, Sivt
name and details.
7. Have applicants any interest whatsoever, d'aectty or in any other liquor establishment in the state of Minnesota? 0 Yes �To If yes, give n
and address of establisLment
8. Are the premises now occupied or to be occupied hy the applicant entirely separate and exclusive fmm any other buamess eatabliahment? Yes o
9, Statey�he�er applicant has or will be granted, an On eale Liquor License in con,junction witl► this Off 3ale Liquor License and for the same premises. Yes
N7��Wi11 be granted
10. State whedter applicant l�as or will be granted a Sunday On Sale Liquor Licenae in conjunction with the mgnlaz On Sale Liquor License. X�v 0 N
be gianted
11. ff this applicaRion is for a County B�vd Off Sale License, state the diatance in miles to the ..:.r.. �i mun��ip�1rtY.
12. State Numb� of Employees
13. If this license is being isaned by a unty Boazd, has a public hearing been heid as per MN Stadrte 340A.405 sub2(d)?
14. If this license is bein� issued bV a CountV Board, ia it located in an organized townsl�ia? If so, attac6 townshi4 aaoroval. i
I. State whether applicant or any of the associates in this application, have ever had an applicatian for a liquor license
http://www.dps.state.mn.us/alcgamb/brewpubappl.htm 2/28/2006
1Vi'innesota Department Of Public Sa�ety A1�c:utiuL r�u�,� v���LU��
rejected �y�y municipality or state authority; if so, give dates and details.
'R
this a licat
2. Has the applicant or any of the associates in this application, during the five years immediately preceding PP
lation of such laws or local ordinances;
evoked for an vio
ct r Y
ever had a license under the esota Liquor Control A
so, give dates and details.
3. Has applicant, partners, off'icers, or empl ees ever had any liquor law violations in Minnesota or elsewhere> includin�
State Liquor Control penatties? 0 Yes �No If yes, give dates, charges and final outcome.
4. During the past license yeaz, has a swzunons been issued under the Liquor Civil Liability Law (Dram Shop) M.S.
340A.802.
Yes o If yes, attach a cooy of the summons.
This license ust have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FOItM.)
��x �e
A. Liquor Liability Insurance (Dram Shop) -$50,�0 per person, $100,000 more than one person;
$10,000 property
destruction; $50,000 and $100.000 for loss of ineans of support.
B. A surety bond from a surety company with minimum coverage as specif�ied in A.
C. A certif'icate from the State Treasurer that the licensee has deposited with the state trust funds haein
market
value of $100,000 or $100,000 in cash or securities.
certifv that I have read the above 4ueations aud that the answers are true and correct of mv own knowledge.
Print name of applicant title Signa of App �cant ate
1��� ���f��
Y��'S�i�e��! ����i ?��L��(�.�
REPORT BY POLICEVSHERIFF'S DEPART1�ENr
This is to certify that the applicant and the associates named herein have not been convicted within the past five years for any
violation of laws of the State of Minnesota or municipal ordinances relating to intoxicating liquor except as follows:
Police/Sheriff s Department Title Signature
PS 9136-(2003)
County Attorney's Signature
IlVIPORTANT NOTICE
All retail liquor licensees �cohol, Tobaccon and F'u�earms. FoOinforma.ti n call (65T 2(,_0220is issued by the Bureau of
Click here for Brew Pub License
-F�,' Return to Alcohol Enforcement Page
.���-x,::.ti
http://www.dps. state.mn.us/alcgamb/brewpubappl.htm
2/28/2006
Mar 09 06 03:46p Gladwin Rgency 95Z-935 p•4
OS."09/2QQ6 15:08 �A% 763537048Ei '�'OR'ER SI'I?CI4L 1 f�001/001
Tower �pecisi F�cilitics, Inc.
a 490o i�rguway 169 N.
hTew lqape, Ml�i 554Z8-4019
t (763) �37-0701 (800) b2Z �xs��
P Fax: (763) 537-04�6
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Ove�° �S Year� o,�'aS`ervir.e
Ma�v1i 2, 2pU6
�r�va� �la.�r��,�� ��ro�AZ�,�a�v
Attn; G1adv�En Tnsu�rance Agcncp
S F:�ges'
Iausur�d l�ia�ne: Su�rl� T3rewing Campany
Carrier: �ounders A- �ate� Ad�mitted Carri�r
Limil� of Y.,i�bi�ify:
�300,Q00. Per Uccurre,uce �300,000. Aggre�ate Lirnit
Aeductible: Nane
Pol'rcy Fvrm: Occurrence Fozm (NIl�i-CSL 07-OS) Capy a�tach'ed.
Pren�ium h'ees:
Premium: $835.00
Inspec�io� Fee: $f Q.00
Brok�rs Fee: $25_0�
Total: �920.�p
Annua.l Premiuzn., AdjustabXe a,t Per I aU s�.es (estz�ted at sales}
A�satiXt Batt�xy: 10% of p�emium
Subject tn A,udit
SU�JLCf T'A Favora�le Insp�ctio� Cornpleted a�d Sx�ed Liquor L'zability Appticat�ou
Notie�: �'lease read this quote car�'iiIty tem�s and condxt�ons ma.y vary tl�an those requcst�ed on
yvur applicatiot].
Ta biund covcrage we mu�t have a writtcn request, �tre coc�p�ny requires a sxgned
�pplic�t[o�u at binding.
C�tionel Termris�u Prc:�iwx�. $Stl.UO Must h�ve signed terrorism form in c�rder to bind.
Qtlqttl i5 vslid 1c1r 3(? d8ys.
aa���a�, ��y,�;h� CO'V�RAGE Bai�Nd ��R YOUR
Laailvs�a)toR�ra�coial_«im REQUES►�' AN O R�UOzIE.
763-537-0741 a 15 Pvoue �ffective D�tA:
7�� .5?7�()4Rf., �eue ��ned:
806-622-I667 Pharte
Mar 09 06 03:46p Gladwin Rgenc� 952-935 P•�
,.�'�QRD INSURANCE Bir11DER a3�oei2oo6
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THIS BINDER IS ISSUED 70 EXTLNO COVERAG[ IN TIiE Ak30VE NAMF.p CUMPANY
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ACQRD 75 (2p01/01) NOTE: IWIpqRTANT STATE INFORMIATION ON PAGE 2 @��CORD CORPORATIaN 1993
TM INSQT$ (0017).Oa EL6CTRON�C LASER FORMS. INC.-(800�327 NA�'
t f t
HItC�YY�'�[ �'f�ll� �Y�OiLWMw+
June, 2000
TO: Liquor Industry and Liquor Licensing Authorities
EROM: Frank Ball, Director
SUBJECT: 2003 Brewpub Legislation
The 2003 Legislature passed new legislation to allow the off sale of malt beverages brewed on the premises of a licensed brewpub. The new law
provides that a municipality may issue an off sale malt liquor license to a licensed brewpub within its jurisdiction. The license also requires
license eriod for the ne
w Brew ub Oi
effective. The P
approval by the Alcohol and Gambling Enforcernent Division (AGED) prior to becoming P
Sale Malt Liquor License will be the same as the on sale liquor license the brewpub holds, so both licenses will expire on the same date.
The brewpub off sale malt liquor license would allow the off sale of containers of brewpub malt beverages commonly referred to as "growlers".
The growler containers must be 64 ounces in size and must be properly sealed with a twist type closure, cork, stopper, or plug. The growler
e closure cork sto er, or lu;
over the to of the twist PP P
container must also bear a a er or lastic adhesive band, ship, or sleeve that extends p h'1�
PP P
e name and address of the bre ub. The container itset
n u on o enin of the container. 'The seal must bear th
forming a seal that must be broke p p g
must be labeled with the name of malt liquor, bear the name and address of the brewpub, and will be considered intoxicating liquor unless
otherwise specified. Not more than 500 barrels or 50 percent of the brewpub's annual production may be sold at off sale by the licensed
b pub.
sale of brewpub malt beverages may only be sold during the hours permitted by law for off sale liquor stores, and brewpub malt beverages
sold at off sale must be removed from the brewpub premises prior to closing time for off sale liquor stores.
The Application for the Brewpub Off Sale Malt Liquor License and the Brewpub Off Sale Malt Liquor License Certificate can be obtained by
calling 651-296-6979 or by accessing our website at the link below. Applicants need to fill out the application completely and retum it to the ci�
or county licensing authority for council or board approval prior to being submitted to the Alcohol and Gambling Enforcement Division. After
approval by the council or board, the completed applicarion and completed and signed license certificate is forwarded to the Alcohol and
Gambling Enforcement Division for final approval; Agents from AGED will conduct a pre-license premises inspecrion prior to granting
approval.
If you have fi�rther questions regarding this new legislation, please do not hesitate to contact us at 651-296-9519.
_Click here for A�nlication
Click here for Brew Pub License
Alcohol Enforcement Page
�s:
Return to Aicohol Gambling Enforcement Home
Minnesota. Department Of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT
�44 Cedar Street Suite 133
L
55101-5133
St. Paul MN
(651)296-6439 Fax (651) 297-5259 TTY (651)282 6555
www.dps.state.mn/alcgamb/alcgamb
I
APPLICATION FOR BREWPUB OFF SALE MALT LIQU
OR LICENSE
Annual Brewpub Production in Barrels
Workers Compensation Insurance Company Name Policy
Licensee's MN Sales and Use Taz ID To apply for a sales and use tax ID call (651) 296-6181
[f a corporation, an officer shall execute this application If a partnership, a partner shall execute this apptication.
Licensee Name Individual, Co oration Partnershi LLC 5ocial Securit Trade Nameor DBA
TP P Y
License Location (Street Address Block No.) tcense Period ApplicanYs Home Phone
�From To
City Counry State Zip Code
Name of Store Manager Business Phone Number DOB (Individual Applicant)
If a corporation or LLC state name, date of birth, Social Security address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each
partner.
I Partner Officer (First, middle, last) DOB SS# Title 5hares Address, City, State, Zip Code
Partner Officer (First, middle, last) DOB S# Title 5hares Address, City, State, Zip Code
�Officer (First, middle, last) DOB SS# Title 5hares Address, City, State, Zip Code
Partner Officer (First, middle, last) DOB SS# Title Shares Address, City, State, Zip Code
L If a corporation, date of incorporation state incorporated in amount paid in capital If a subsidiary of any other corporation,
so state and give purpose of corporation If incorporated under the laws of another state, is corporation authorized to do
business in the state of Minnesota? Yes No
2. Describe premises to which license applies; such as (first floor, second floor, basement, etc.) or if entire building so state.
3. Is establishment located near any state university, state hospital, training school, reformatory or prison? Yes No If yes state approximate distance.
4. Name and address of building owner:
Has owner of building any connection
directly or indirectly, with applicant? Yes No
5. Is applicant or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? Yes No If yes, in what capacity',
6. State whether an erson other than a licants has an ri h title or interest in the furniture fixtures or e ui ment for which license is applied and if so, give name and details.
YP PP Y 8� 9 P
7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? Yes No If yes, give name and address of
establishment.
8. Are the premises now occupied or to be occupied by the applicant entirely separate and exclusive from any other business establishment? Yes No
9. State whether applicant has or wil] be granted, an On sale Liquor License in conjunction with this Off Sale Liquor License and for the same premises. Yes No Will be granted
]0. State whether applicant has or will be granted a Sunday On Sale Liquor License in conjunction with the regular On Sale Liquor License. Yes No Will be granted
11. If this application is for a County Board Off Sale License, state the distance in miles to the nearest municipality.
12. State Number of Employees
13. If this license is being issued by a County Board, has a public hearing been held as per MN Statute 340A.405 sub2(d)?
14. If this license is being issued by a County Board, is it located in an orQanized townshio? If so, attach township approvai.
1. State whether applicant or any of the associates in this application, have ever had an application for a liquor license rejected by any
municipality or state authority; if so, give dates and details.
2. Has the applicant or any of the associates in this application, during the five years immediately preceding this application ever had a
license under the Minnesota Liquor Conirol Act revoked for any violation of such laws or local ordinances; if so, give dates and details.
3. Has applicant, partners, officers, or employees ever had any liquor law violations in Minnesota oz elsewhere, including State Liquor
Controi penalties? Yes No If yes, give dates, charges and final outcome.
4. During the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802.
Yes No If yes, attach a cony of the summons.
This licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.)
Check one
one erson• $10 000 ro e
erson 100 000 more than p p rh'
Insurance Dram Sho $50 000 er P
A. Liquor Liabihty p) p P
destruction; $50,000 and $100.000 for loss of ineans of support.
or
B. A surety bond from a surety company with minimum coverage as specified in A.
oi C. A certificate from the State Treasurer that the licensee has deposited with the state trust funds having market
value of $100,000 or $100,000 in cash or securiries.
I certify that I have read the above questions and that the answers are true and correct of my own knowled�e.
Print name of applicant title Signature of Applicant ate
REPORT BY POLICE�SHERIFF'S DEPARTMENT
This is to certify that the applicant and the associates named herein have not been convicted within the past five years for any violation of laws c
the State of Minnesota or municipal ordinances relating to intoxicating liquor except as follows:
Police/Sheriffs Department Title Signature
County Attomey's Signahue PS 9136-(2003)
IMPORTANT NOTICE
�retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco, ax
Firearms. For information call (651)726-0220
Click here for Brew Pub License
Return to Alcohol Enforcement Page
3
Return to Alcohol Gambling Enforcement Home
�F j
Last updated: 06/12/2003
Na STATE OF MINNESV ta `'1Lr
I DEPARTMENT OF PUBLIC SAFETY
Fee ALCOHOL AND GAMBLING ENFORCEMENT County
BREWPUB OFF SALE MALT LIQUOR LICENSE
THIS CERTIFIES THAT:
LICENSEE
TRADE NAME
STREET ADDRESS OR LOT AND BLOCK NO
Is authorized to sell malt liquor at off sale at a licensed brewpub subject to the laws and regulations of the State of Minnesota and municipal
Ordinances for the Period beginning to
THIS LICENSE IS APPROVED
Mayor or President
Given under my hand and the Municipal Corporate SE
City of Date
Alcohol Gambling Enforcement Director Date
Clerk or Auditor
Return to Alcohol Enforcement Documents
Return to Alcohol Enforcement Home Page
S.F. No. 171, as in[roduced 84th Legislative Session (2D05-2006)
r•
A'[innesota Senate
�`���i
KEY: ��n old language to be removed
underscored new language to be added
NOTE: If you cannot see any difference in the key above, you need to chanQe the dis�lav of stricken and/or underscored
language.
Authors and Status List versions
S.F. No. 171, as introduced 84th Legislative Session (2005 Posted on Jan 06, 2005
1.1 A bill for an act
1.2 relating to liquor; providing for conformity in
1.3 license fees and production levels for brewpubs and
1.4 small brewers; authorizing issuance of temporary
1.5 licenses to small brewers; authorizing off-sale of
1.6 growlers by small brewers; modifying sampling
1.7 provisions; providing that the on-sale license for
1.8 Elko Speedway authorizes sales on all days of the
1.9 week; changing the issuer of a certain license at the
1.10 state fair; authorizing the city of Duluth to issue a
1.11 liquor license for Wade Municipal Stadium; authorizing
1.12 the city of St. Paul to issue a liquor license for
1.13 special events at the State Capitol; amending
1.14 Minnesota Statutes 2004, sections 340A.301,
1.15 subdivisions 6, 7; 340A.404, subdivision 10; 340A.510,
1.16 subdivision 2; Laws 2003, chapter 126, sections 28,
1.17 29; proposing coding for new law in Minnesota
1.18 Statutes, chapter 340A.
1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 Sectiori l. Minnesota Statutes 2004, section 340A.301,
1.21 subdivision 6, is amended to read:
1.22 Subd. 6. [FEES.] The annual fees for licenses under this
1.23 section are as follows:
1.24 (a) Manufacturers (except as provided
1.25 in clauses (b) and (c)) $15,000
1.26 Duplicates 3,000
1.27 (b) Manufacturers of wines of not more
1.28 than 25 percent alcohol by volume 500
1.29 !c) Brewers a~'�
1. 3 0 ��-sa�rst�� a�srFt�-{�-} who
1.31 manufacture more than 3.400 barrels
1.32 of malt liauor in a vear 2,500
2.1 (d) Brewers who also hold one or more
http://www.revisor.leg.state.mn.us/bin/bidbill.php?bi11=S0171.0&session=1s84 (I of7)1/10/2005 7:43:16 AM
S.F. No. 171, as introduced 84th Legislative Session (20U5-2006)
2.2 retail on-sale licenses and who
2.3 manufacture fewer than 3,500 barrels
2.4 of malt liquor in a year, at any one
�.5 licensed premises, using only wort produced
2.6 in Minnesota, the entire
2.7 production of which is solely
2.8 for consumption on tap on the
2.9 licensed premises or for off-sale
2.10 from that licensed premises.
2.11 A brewer licensed
2.12 under this clause must obtain a separate
2.13 license for each licensed premises where
2.14 the brewer brews malt liquor. A brewer
2.15 licensed under this clause may not be
2.16 licensed as an importer under this chapter 500
2.17 (e) Wholesalers (except as provided in
2.18 clauses (f), (g), and (h)) $15,000
2.19 Duplicates 3,000
2.20 (f) Wholesalers of wines of not more
2.21 than 25 percent alcohol by volume 2,000
2.22 (g) Wholesalers of intoxicating
2.23 malt liquor 600
2.24 Duplicates 25
2.25 (h) Wholesalers of 3.2 percent
2.26 malt liquor 10
2.27 (i) Brewers who manufacture fewer than
28 2,000 barrels of malt liquor in a year 150
2.29 !i) Brewers who manufacture 2.000 to
2.30 3.500 barrels of malt liauor in a
2.31 vear 500
2.32 If a business licensed under this section is destroyed, or
2.33 damaged to the extent that it cannot be carried on, or if it
2.34 ceases because of the death or illness of the licensee, the
2.35 commissioner may refund the license fee for the balance of the
2.36 license period to the licensee or to the licensee's estate.
3.1 Sec. 2. Minnesota Statutes 2004, section 340A.3�1,
3.2 subdivision 7, is amended to read:
3.3 Subd. 7.,. [INTEREST IN OTHER BUSINESS.] (a) Except as
3.4 provided in this subdivision, a holder of a license as a
3.5 manufacturer, brewer, importer, or wholesaler may not have any
3.6 ownership, in whole or in part, in a business holding a retail
3.7 intoxicating liquor or 3.2 percent malt liquor license. The
3.8 commissioner may not issue a license under this section to a
3.9 manufacturer, brewer, importer, or wholesaler if a retailer of
3.10 intoxicating liquor has a direct or indirect interest in the
3.11 manufacturer, brewer, importer, or wholesaler. A manufacturer
3.12 or wholesaler of intoxicating liquor may use or have property
3.13 rented for retail intoxicating liquor sales only if the
3.14 manufacturer or wholesaler has owned the property continuously
3.15 since November 1, 1933. A retailer of intoxicating liquor may
3.16 not use or have property rented for the manufacture or
3.17 wholesaling of intoxicating liquor.
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S.f. No. 171, as introduced 84th Legislative Session (2005-2006)
3.18 (b) A brewer licensed under subdivision 6, clause (d), may
3.19 be issued an on-sale intoxicating liquor or 3.2 percent malt
3.20 liquor license by a municipality for a restaurant operated in
.21 the place of manufacture. Notwithstanding section 340A.405, a
�3.22 brewer who holds an on-sale license issued pursuant to this
3.23 paragraph or a brewer who manufactures fewer.than 3.500 barrels
3.24 of malt liauor in a vear may, with the approval of the
3.25 commissioner, be issued a license by a municipality for off-sale
3.26 of malt liquor produced and packaged on the licensed premises.
3.27 Off-sale of malt liquor shall be limited to the legal hours for
3.28 off-sale at exclusive liquor stores in the jurisdiction in which
3.29 the brewer is located, and the malt liquor sold off-sale must be
3.30 removed from the premises before the applicable off-sale closing
3.31 time at exclusive liquor stores. The malt liquor shall be
3.32 packaged in 64-ounce containers commonly known as "growlers."
3.33 The containers shall bear a twist-type closure, cork, stopper,
3.34 or plug. At the time of the sale, a paper or plastic adhesive
3.35 band, strip, or sleeve shall be applied to the container and
3.36 extend over the top of the twist-type closure, cork, stopper, or
4.1 plug forming a seal that must be broken upon opening of the
4.2 container. The adhesive band, strip, or sleeve shall bear the
4.3 name and address of the brewer. The containers shall be
4.4 identified as malt liquor, contain the name of the malt liquor,
4.5 bear the name and address of the brewer selling the malt liquor,
4.6 and shall be considered intoxicating liquor unless the alcoholic
4.7 content is labeled as otherwise in accordance with the
4.8 provisions of Minnesota Rules, part 7515.1100. A brewer's total
.9 retail sales at on- or off-sale under this paragraph may not
4.10 exceed 3,500 barrels per year, provided that off-sales may not
4.11 total more than 50 percent of the brewer's production or 500
4.12 barrels, whichever is less. A brewer licensed under subdivision
4.13 6, clause (d), may hold or have an interest in other retail
4.14 on-sale licenses, but may not have an ownership interest in
4.15 whole or in part, or be an officer, director, agent, or employee
4.16 of, any other manufacturer, brewer, importer, or wholesaler, or
4.17 be an affiliate thereof whether the affiliation is corporate or
4.18 by management, direction, or control. Notwithstanding this
4.19 prohibition, a brewer licensed under subdivision 6, clause (d),
4.20 may be an affiliate or subsidiary company of a brewer licensed
4.21 in Minnesota or elsewhere if that brewer's only manufacture of
4.22 malt liquor is:
4.23 (i) manufacture licensed under subdivision 6, clause (d);
4.24 (ii) manufacture in another state for consumption
4.25 exclusively in a restaurant located in the place of manufacture;
4.26 or
4.27 (iii) manufacture in another state for consumption
4.28 primarily in a restaurant located in or immediately adjacent to
4.29 the place of manufacture if the brewer was licensed under
4.30 subdivision 6, clause (d), on January 1, 1995.
4.31 (c) Except as provided in subdivision 7a, no brewer as
.32 defined in subdivision 7a or importer may have any interest, in
4.33 whole or in part, directly or indirectly, in the license,
http://www.revisor.leg.state.mn.us/binlbldbill.php?bi11=S0171.0&session=1s84 (3 of7)1/!0/2005 7:43:16 AM
S.F. No. 17 t, as introduced 84th Legislative Session (2005-20D6)
4.34 business, assets, or corporate stock of a licensed malt liquor
4.35 wholesaler.
4.36 Sec. 3. Minnesota Statutes 2004', section 340A.404,
•.1 subdivision 10, is amended to read:
TEMP N- ALE LICENSES. (a) The overnin
5.2 Subd. 10. ORARY 0 S 1
9
5.3 body of a municipality may issue to (1) a club or charitable,
5.4 religious, or other nonprofit organization in existence for at
5.5 least three years, {2) a political committee registered under
5.6 section l0A.14, or (3) a state university, a temporary license
5.7 for the on-sale of intoxicating liquor in connection with a
5.8 social event within the municipality sponsored by the licensee.
5.9 The license may authorize the on-sale of intoxicating liquor for
5.10 not more than four consecutive days, and may authorize on-sales
5.11 on premises other than premises the licensee owns or permanently
5.12 occupies. The license may provide that the licensee may
5.13 contract for intoxicating liquor catering services with the
5.14 holder of a full-year on-sale intoxicating liquor license issued
5.15 by any municipality. The licenses are subject to the terms,
5.16 including a license fee, imposed by the issuing municipality.
5.17 Licenses issued under this subdivision are subject to all laws
5.18 and ordinances governing the sale of intoxicating liquor except
5.19 sections 340A.409 and 340A.504, subdivision 3, paragraph (d),
5.20 and those laws and ordinances which by their nature are not
5.21 applicable. Licenses under this subdivision are not valid
5.22 unless first approved by the commissioner of public safety.
5.23 A county under this section may issue a temporary
24 license only to a premises located in the unincorporated or
5.25 unorganized territory of the county.
5.26 (c) The aovernina bodv of a municinalitv mav issue to a
5.27 brewer who manufactures fewer than 3,500 barrels of malt livuor
5.28 in a vear a tem�orarv license for the on-sale of intoxicatina
5.29 licsuor in connection with a social event within the munici�alitv
5.30 s�onsored bv the brewer. The terms and conditions s�ecified for
5.31 temnorarv licenses under z�araara�oh (al shall an�lv to a license
5.32 issued under this naraaranh. excent that the reauirements of
5.33 section 340A.409 shall anDlv to the license.
5.34 Sec. 4. Minnesota Statutes 2004, section 340A.510,
5.35 subdivision 2, is amended to read:
5.36 Subd. 2. [MALT LIQUOR SAMPLES AUTHORIZED.] (a)
6.1 Notwithstanding section 340A.308, a brewer may purchase from or
6.2 furnish at no cost to a licensed retailer malt liquor the brewer
6.3 manufactures if:
6.4 (1) the malt liquor is dispensed by the retailer only for
6.5 samples in a quantity of less than 1�0 milliliters of malt
6.6 liquor per variety per customer;
6.7 (2) where the brewer furnishes the malt liquor, the
6.6 retailer makes available for return to the brewer any unused
6.9 malt liquor and empty containers;
6.10 (3) the samples are dispensed by an employee of the
11 retailer or brewer or by a sampling service retained by the
.12 retailer or brewer and not affiliated directly or indirectly
6.13 with a malt liquor wholesaler;
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S.F. No. 171, as introduced 84th Legisiative Session (2005-2006)
6.14 (4) not more than three cases of malt liquor are purchased
6.15 from or furnished to the retailer by the brewer for each
6.16 sampling;
17 (5) each sampling continues for not more than eight hours;
.18 (6) the brewer has furnished malt liquor for not more than
6.19 five samplings for any retailer in any calendar year;
6.20 (7) where the brewer furnishes the malt liquor, the brewer
6.21 delivers the malt liquor for the sampling to its exclusive
6.22 wholesaler for that malt liquor;
6.23 (8) the brewer has at least seven days before the sampling
6.24 filed with the commissioner, on a form the commissioner
6.25 prescribes, written notice of intent to furnish malt liquor for
6.26 the sampling, which contains (i) the name and address of the
6.27 retailer conducting the sampling, (ii) the maximum amount of
6.28 malt liquor to be furnished or purchased by the brewer, (iii)
6.29 the number of times the brewer has furnished malt liquor to the
6.30 retailer in the calendar year in which the notice is filed, (iv)
6.31 the date and time of the sampling, (v) where the brewer
6.32 furnishes the malt liquor, the exclusive wholesaler to whom the
6.33 brewer will deliver the malt liquor, and (vi) a statement by the
6.34 brewer to the effect that to the brewer's knowledge all
6.35 requirements of this section have been or will be complied with;
6.36 and
7.1 (9) the commissioner has not notified the brewer filing the
7.2 notice under clause (8) that the commissioner disapproves the
7.3 notice.
7.4 (b) For purposes of this subdivision, "licensed retailer"
1.5 means a licensed on-sale or off-sale retailer of alcoholic
7.6 beverages and a municipal liquor store.
7.7 fcl A brewer mav �orovide samr�les of its own �roducts on its
7.8 �remises to nersons tourinQ the brewerv in a vuantitv of less
7.9 than 100 milliliters of malt liauor ner varietv ner nerson.
7.10 Sec. 5. [340A.910] [SEVERABILITY.]
7.11 In the event that a court of com*�etent �urisdiction holds
7.12 that anv section of this char�ter is unconstitutional or
7.13 otherwise invalid. the invalidit�� does not affect other
7.14 provisions or annlications of this cha�ter that can be aiven
I 7.15 effect without the invalid *�rovisions or a�Dlication. and to
7.16 this end the Drovisions of this chaoter
are severable.
7.17 Sec. 6. Laws 2003, chapter 126, section 28, is amended to
7.18 read:
7.19 Sec. 28. LELKO SPEEDWAY; ON-SALE LICENSE.]
7.20 Notwithstanding Minnesota Statutes, section 340A.404,
7.21 subdivision 1, the city of Elko may issue an on-sale
7.22 intoxicating liquor license to the Elko Speedway in addition to
7.23 the number authorized by law. The license may authorize sales
7.24 only to persons attending racing events at the speedway. The
7.25 license authorizes sales on all davs of the week. All
7.26 provisions of Minnesota Statutes, chapter 340A, not inconsistent
7.27 with this provision, apply to the license authorized under this
'7.28 section. The license may be issued for a space that is not
7.29 compact and contiguous, provided that the licensed premises may
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bi11=S0171.0&session=1s84 (5 of 7)1/10/2005 7:43:16 AM
S.F. No. 171, as introduced 84th Legislative Session (2005-2006)
7.30 include only the space within the fenced grandstand area as
7.31 described in the approved license application.
7.32 Sec. 7. Laws 2003, chapter 126, section 29, is amended to
33 read:
.34 Sec. 29. [WINE LICENSES; STATE FAIR.]
7.35 (a) Notwithstanding Minnesota Statutes, sections 37.21 and
7.36 340A.412, subdivision 4, paragraph (a), clause (3), the city of
8.1 St. Paul Ramsev Countv may issue a license to the holder of a
8.2 state fair concessions contract with the state agricultural
8.3 society which authorizes the licensee to sell Minnesota-produced
8.4 wine by the glass at the state fair in connection with the sale
8.5 of food by the concessionaire. All provisions of Minnesota
8.6 Statutes, chapter 340A, not inconsistent herewith, apply to
8.7 licenses issued under this section.
8.8 (b) For purposes of this section "Minnesota-produced wine"
8.9 means wine produced by a farm winery licensed urider Minnesota
8.10 Statutes, section 340A.315, and made from at least 75 percent
8.11 Minnesota-grown grapes, grape juice, other fruit bases, other
8.12 juices, and honey.
8.13 Sec. 8. [WADE MUNICIPAL STADIUM; LIQUOR LICENSE.]
8.14 Notwithstandina anv other law to the contrar�r. the citv of
8.15 Duluth mav issue an on-sale wine and malt licxuor license in
8.16 addition to the number authorized bv law for the oremises known
8.17 as Wade Municinal Stadium for use durino baseball aames and
8.18 other events s�onsored bu the Duluth Huskies. The license mav
8.19 authorize the sale and consum�tion of wine and malt liauor in
20 the arandstand and dinina areas of the stadium. The license
.21 authorizes sales on all davs of the week.
8.22 Sec. 9. [CITY OF MINNEAPOLIS; LIQUOR LICENSE.]
8.23 Notwithstandina anv law, ordinance. or charter nrovision to
8.24 the contrarv. the citv of Minneanolis mav issue an intoxicatina
8.25 liQUOr license to an establishment located at 2200 Como Avenue.
8.26 Southeast. which currentiv holds an on-sale wine license.
8.27 Sec. 10. [STATE CAPITOL CENTENNIAL EVENTS.]
8.28 Notwithstandina anv other law to the contrar�r. the citv of
8.29 St. Paul mav issue an on-sale wine and malt lieuor license to
8.30 the Canitol 2005 Commission or Friends of the Minnesota State.
8.31 Canitol for snecial events held in the State Caoitol and on the
8.32 Canitol arounds relatina to the centennial anniversarv of the
8.33 Ca�itol buildina. The license authorized b�r this section is
8.34 valid until Januarv 2, 2006. All nrovisions of Minnesota
8.35 Statutes, chanter 340A, not inconsistent with this section ao�lv
8.36 to the license authorizecl bv this section.
9.1 Sec. 11. [EFFECTIVE DATE.]
9.2 Section 1 is effective Jul�� 1, 2005. Sections 2 to 5, 7.
9.3 8. 9. and 10 are effective the da�r followina final enactment.
9.4 Section 6 is effective on aonroval bv the Elko Citv Council and
9.5 comnliance with Minnesota Statutes. section 645.021.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bi11=S0171.0&session=Is84 (6 of7)1/10/2005 7:43:16 AM
I
Michael McCauley
�'rom: Curt Boganey
Sent: Thursday, August 04, 2005 1:33 PM
To: Michael McCauley
Subject: FW:
FYI.
Cordially,
Cornelius L. Boganey,
Assistant City Manager
763-569-3303
-----Original Message-----
From: LeFevere, Charlie L. [mailto:clefevere@Kennedy-Graven.com]
Sent: Thursday, August 04, 2005 10:01 AM
To: Curt Boganey
Subject:
Curt,
You have asked whether the City is authorized to issue retail licenses for the sale of "growlers"
by breweries.
As you know from previous communications from the applicant and the beverage industry,
state law now authorizes cities to issue off-sale licenses to breweries for the sale of "growlers"
under certain circumstances. However, the issuance of such a license would not be authorized
in Brooklyn Center because Brooklyn Center has a municipal liquor store.
Under Minnesota Statutes, Section 340A.601, cities having inunicipal �liquor are authorized to
issue on-sale liquor licenses to certain kinds of establishments. However, there is no such
authorization for issuance of off-sale licenses. I have discussed this matter with the attorney for
the State Liquor Control Division. She confirms that the licenses issued to breweries for the
sale of "growlers" are state intoxicating liquor licenses (although the alcoholic beverages that
can be sold are limited to beer produced on the premises). Because Brooklyn Center, like other
cities having municipal liquor stores, is not authorized to issue off-saie intoxicating liquor
licenses, the City would not be authorized to issue a license of the kind requested.
Charlie
Charles L. LeFevere
i
City of Brooklyn Center
A Millennium Community
May 25, 2Q05
Mr. Omaz Ansari, President
Surly Brewing Co.
4811 Dusharme Drive
Brooklyn Center,lVlN 55429
RE: Attorney General Opinion
Deaz Mr. Ansari:
On May 24, 2005, we spoke regarding the request for an Attorney General's opinion
regarding the legality of beer sampling for tour guests at a licensed brewery in
Minnesota. During our conversation you adamantly stated that you would prefer that the
City not request such an opinion from the Attorney General.
This letter is to inforin you that we have agreed to honor your request and will not be
seeking an opinion from the Attorney General on this matter. Please let me know if you
have questions or concerns regarding this matter.
Sincerely,
s�
Comelius L. Boganey
Assistant City Manager
c: Michael McCauley
6301 Shingle Creek Parhway Recreation and Community Center Phone TDD Nrim.ber
Brooklyn Center, MN 55430-2199 (763) 569-3400
City H¢ll TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityo fb rooklyncenter. org
GRANDVIEW PARK
Mayor Kra ness received an in ui from a resident re ardin Gra.ndview Park and the fact that the fields
g q �'Y g g
were not available for use, as well as the condition of the turf. District No. 286 is responsible for the
establishment of the turf on the fields. Our staff has been monitoring the work and in contact with District
No. 286's Project Manager. District No. 286's contractor did the seeding of the site late and with the
extremely cool spring, the only grass that has currently established itself is the rye grass, along with some
weeds. The blue grass is still dormant and will germinate with the advent of warm weather. District No.
286's contractor is responsible for debris pickup, repairing eroded azeas, over seeding thin spots, and
repeating these processes until the turf is fully established. The agreement between the City and the District
provides that the fields will be out of service until the spring of 2006 when the turf will have reached full
maturity.
BROOKDALE
Mayor Kragness attended a meeting at Brookdale and was advised that the current manager of Brookdale
will be leaving for a new position at the Burnsville Center.
OMAR ANSARI/ATTORNEY GENERAL OPINION
In subsequent conversations between Mr. Ansari and Mr. Boganey, Mr. Ansari requested that the City not
request an opinion from the Attorney General. We have honored Mr. Ansari's request and have not sought
an opinion from the Attorney General on the legality of beer sampling for tour guests. This means that under
the current state of legal leview, Mr. Ansari would not be able to provide samples. Mr. LeFevere will
continue to monitor the situation to see if there is some mechanism that would allow the sampling of beer at
a brewery. Enclosed is a copy of the letter to Mr. Ansari confirtning that understanding.
TALL GRASS AND BRUSH ORDERS FOR 6248 BROOKLYN DRIVE
Enclosed are copies of tlie orders that were given to the property owner of 6248 Brooklyn Drive, Thomas
Green.
CHARTER COMMISSION REPORT
Enclosed is a copy of the report that Charter Commission Member Edward C. Nelson is making to the
Charter Commission. This is one of the items that the Charter Commission is studying as described by Mr.
Leino at Wednesday night's meeting.
TRANSIT CENTER BATHROOMS
Enclosed is a copy of a Ietter that was sent May 24 to the Regional Administrator of the Metropolitan
Council requesting a response to the letter of April 1. As was discussed, we anticipate bringing this to the
attention of the Metropolitan Council representative for this area if we do not receive a response.
Pa e 2 OS/27/OS
g
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Cann asman, Niesen, and O'Cannor
From: Michael J. McCaule��
City Manager i���
Date: May 20, 2005
Re: Update
MICROBREWERY SALES AND SAMPLES
Mayor Kragness was contacted by Omar Ansari regarding sales of product at his
proposed microbrewery. He indicated to Mayor Kragness that he may attend an open
forum to present his issues. Since Mayor Kragness' conversation with Mr. Ansari, Ms.
Knutson and Mr. Boganey have had conversations regarding the sale of product from the
brewery and free samples. Mr. LeFevere has researched the issue as we have tried to
work with Mr. Ansari on free samples at the brewery. Mr. LeFevere also contacted State
liquor control to see what their position might be. The result of these efforts is that it does
not appear that free samples may be given at the brewery and the premises would not
qualify for an off-sale license.
800 Mhz. RADIO FREQUENCY
Chief Bechthold discussed t11e issues raised in the materials that Council Member
O'Connor received at the cable commission with the Hennepin County Sheriff s
Department. Chief Bechthold was advised that Hennepin County was working with
Nextel on this matter. Hennepin County will handle all of the legal, technical, and other
issues related to band width.
SOD C�MPLAINT 53 AVENUE
Mr. Blomstrom reviewed the sod issues from a past construction project along 53` in
response to Ed Oja's recent e-mail to the City Council. We plan to replace the sod in
question.
CANCELLED LEGISLATIVE BREAKFAST
The May 21 S legislative breakfast at Crystai has been cancelled. There may be a re-
scheduled meeting in June.
�301 Shingle Creeh P¢rkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityof brooklyncenter.org
Page 1 0
Sharon Knutson
From: Sharon Knutson
nt: Thursday, May 12, 2005 11:33 AM
o: 'Erickson, AI'
Subject: Microbrewery sampling
Good moming, AI.
Omar Ansari, Surly Brewing Co., 4811 Dusharme Drive, Brooklyn Center, has been in contact with me regarding options for his
business to conduct sampling and sales �f the malt liquor that he produces (or will produce, as I am not sure if he is operating yet)
#1 -1've explained to him that the City would not approve an off-sale liquor license for his location because we own and operate
municipal liquor stores.
#2 I've explained also that he is not eligible for an on-sale liquor or 3.2 percent malt liquor license because he does not operate a
restaurant along with his operation.
#3 I don't know the rules and regulations for a microbrewery with regard to tours with sampling, so I've referred him to your office.
He is very upset because there was new legislation that was adopted that would allow his business to sell the growlers (H.F. No.
171). I'm not sure why he would do tours and sampling for the general public if he cannot sell the growlers to them.
#4 I also referred him to the City's Liquor Store Operations Manager to discuss the possibility of the municipal liquor stores carryi
his product and conducting sampling.
Any assistance you can provide me with regard to whether he can or cannot do tours with sampling would be very helpful. The Ci1
of Brooklyn Center does not have a license for this type of activity, so I was not sure if it is something he can or cannot do.
�k you.
Sharon Knutson
City Clerk
City of Brooklyn Center
(763) 569-3306
(763} 569-3494 fax
05/12/2005
Office of the City Clerk
City of Brooklyn Center
A Millennium Community Sharon Knutson
City Clerk
May 11, 2005
Mr. Omar Ansari, President
Surly Brewing Co.
4811 Dusharme Drive
Brooklyn Center, MN 55429
RE: Brew Pub Off-Sale License (Growlers)
Dear Mr. Ansari:
This letter is in response to your inquiries of last week regarding the possibility of Surly Brewing Co.
obtaining a brew pub off-sale malt liquor license and sampling at its Brooklyn Center location. With regard
to off-sale, the City of Brooklyn Center owns and operates two municipal off-sale liquor stores. The City
has operated municipal off-sale liquor operations since the 1940s when voters approved a measure
authorizing the City to sell liquor. In view of the fact that the City of Brooklyn Center operates municipal
off-sale liquor stores, the City would not approve the issuance of an off-sale malt liquor license to a brew
pub. Without an off-sale liquor license, you are prohibited from conducting sampling or taste testing at your
location.
You may want to consider contacting the Assistant City Manager/Director of Operations to discuss the
possibility of the municipal liquor stores carrying your products and/or conducting sampling of your malt
beverage products at one or both locations. Curt Boganey serves as the Assistant City Manager/Director of
Operations and can be reached via telephone at 763-569-3303 or e-mail at cbo�anevnci.brooklyn-
center.mn.us.
Should you have further questions regarding liquor licensing, please do not hesitate to call me at 763-569-
3306.
Sincerely,
Sharon Knutson
City Clerk
cc: Curt Boganey, Assistant City Manager/Director of Operations
6301 Shiragle Creek Parkw¢y Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityo fbrooklynce�ater.org
S.F. No. 171, 2nd Engrossment 84th Legts ative ession
LegBs�'!ture Horne L'a�tks to 4he V�EOrid tie1P 1 Ac
����t£S4�d �.@11��@
{���se S�esate JaEnt Departr�ents se�d Commissions Bill Search and Status Statutes, Laws, ar�d Ftules
�y removed, old language. underscored s adde d, new l a n g u a g e.
NOTE: If you cannot see a diFference in the key above, yo� ca� �anoe ihe disoMav stridcen and underscored tezt•
Authors and Status List versions,
S.F. Na 171, 2nd Engrossment 84� Le9isiati�re Sessfon (2005�00B1 Posted on Feb 10. 20D5
1.1 A bill for an act
1.2 relating to liquor; providing for conformity in
1.3 license fees and production levels fo= brewpub= and
1.4 small bxewers; authorizing issuance of temp Y
1.5 licenses to small brewers; authorizing off-sale of
1.6 growlers by small brewers; providing that the on-sale
1.7 license for Elko Speedway authorizes sales on all days
l of the week; changing the issuer of a certain license
1.9
at the state fair: authorizing the city of Duluth to
1.10 issue a liquor license for Wade Municipal Stadium;
1.11 authorizing the city of St. Paul to issue a liquox
1.12 license for special events at the State Capitol;
1.13 amending Minnesota Statutes 2004, sections 340A.301,
1.14 subdivisions 6, 7; 340A.404, subdivis�o�n�l�n L�oding
1.15 2003, chapter 126, sections 28, 29% P P g
1.16 fox new law in Minnesota Statutes, chapter 340A.
1.17 $E IT ENACTED BY THE I,EGISLATURE OF TIiE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2004, section 340A.301,
1.19 subdivision 6, is amended to read:
1.20 Subd. 6. [FEES.] The annual fees for licenses under this
1.21 section are as follows:
1.22 (a) Manufacturers (except as provided $15,000
1.23 in clauses (b) and (c)} 3,Q00
1.24 Duplicates
1.25 (b} Manufacturers of wines of not mo=e 500
1.26 than 25 percent alcohol by volume
1,27 (c} Brewess
ae�,.r;�,ea
1.28 �a� who
1-2g manufacture more than 3,500 bar=els 2�500
1.30 of malt liouo= in a year
1.31 (d) Brewess who also hold one or more
2.1 retail on-sale licenses and who
2-2 manufacture fewer than 3,500 barrels
of malt liquor in a year, at any one
2•3 roduced
t
2.q licensed premises, using only wor p
sota the entire
2.5
in M
inne
is so
lel
2.6 production
of which Y
2.� for consumption on tap on the
2_g licensed p=e
mi.ses oz for off-sale
icensed remises.
Z,g from that 1 P
'censed
2.10 A
bxewer li
2.11 under this clause must obtain a separate
Z,12 license for each licensed premises where
2.13 the brewes brews malt liquor. A brewer
2.14 licensed unde= this clause may not be
2.15 licensed as an importer under this chapte= 500
2.16 (e} Whalesalers (excepana�s�h;;vided in $15,000
2,17 clauses (f), (g). 3,000
2.18 Duplicates
2,1g (f) Wholesalers of wines of not moxe 2�000
2.2p than 25 percent alcohol by volume
2.21 {g) Wholesalers of intoxicating
http:l/www.revisor.leg. state.mn.us/bin/bldbill.php?bi11=S0171.2&session=ls84
5/5/2005
S.F. No. 171, 2nd Engrossment 84th Legtstanve aess�vu ��••vj
600
2.22 malt Iiquor 25
2.23 Duplicates
2.24 (h) Wholesalers of 3.2 peicent 10
2.25 malt liquor
2.26 (iy gre'�„rers who manufactu=e fewe= than 1 O
2,27 2,000 barrels of maZt li4t�or in a yea�
2,2g Bzewers who manufacture 2,000 to
2,2g 3,500 baxrels of malt lic,'uor in a
2.30 year
2.31 If a business licensed under this section is destroyed, or
2.32 damaged to the eXtent that it cannot be carried on, or i£ it
�.33 ceases because of the death or illness of the licen.see, the
2.34 co�m.stissioner may xefund the license fee for the balance of the
2.35 license period ta the licensee ox to the licensee's estate.
2.36 5ec. 2. Minnesata Statutes 2004, section 340A.301,
3.1 subdivision 7, is amended to sead: a Exce t as
3.2 Subd. 7. jINTEREST IN OTHER BUS�NESS.].( 1 P
3.3 provided in this subdivision, a holdez of a licen'se as a
3_q manufacturer, brewer, �oxa=�/ a holdi g a
3.5 ownership, in whole or in p
3,b in�oxicating liquar or 3.2'pe�cent malt liquor license. Tize
3,� conaoissione= may not issue a�.icense under this section to a
3,g manufacturer, brewer, importer, or wholesaler if a retailex of
3,9 intoxicating liquor has aorterCtor wholesalexintAr�nu£acturer
3.10 manufacturer, brewer, imp or use or have property
3..11 or wholesaler of intoxicating liqu
3,12 rented�for setail intoxicating liqubL sales only if the
3,13 manufactuxez ox wholesaler has owned the pxopezty continuously
3.14 since Novembes 1, 1933. A retailer of intoxicating liquor may
3.15 not use or'have properCy Yented foi the manufa�ture or
3.16 wholesaling of intoxicating liquo=•
3.17 (b) A brewes licensed under subdivisioh 6, clause (d)� �Y
3,18 be issued 'an on-sale in'taxicating 1i�uor or 3.2 percent'malt
3.19 liquos license by a nnznicipality fo= a=est section 340A 405
3.20 the place of manufacture. Notwithstanding
3.21 brewer wlio holds ari on-sale licerise issued guYsuant to this
3_22 parag=aph oz a b=ewes who manufactures fewe* than 3,500 ba=zels
3.23 of malt liquor in a Wear may, with the appxoval of the
3,24 comtnissioner, be issued a license�by a municipality foLeo�f$eSale
3,25 of malt li�N�= Produced and packaged oii the licensed p
3.26 Off-sale of malt Iiquo� shall be limited to the legal houxs fo=
3,27 off-sa3e at exclusive liquor stores in the jurisdiction in wtiich
3.28 the brew�s is located, and the malt liquoL sold off-sale mugt be
3.�9 removed fxom the premises befoxe the applicable aff-sale closing
3.30 time at eXClusive liquor s�ores. The'in�alt liquor shs�lezs."
3.31 packaqed in 64-ounce containe=s co�only known as J
3,32 The containers shall bea= a,twist-type closure, cork, stoppe=,
3.33 or plug. At the tiine of tlie sale, a pape= or plastic adhesive
3.34 band, strip, or sleeve shall b� applied to the contain�r and
3.35 exteiid ove= the top of the twist-type closuse, coxk, o opher, or
3.36 plug fozming a seal that must be bxbken upon opening
4.1 container. The adhesive band, strip, or sleeve shall bear the
g,2 name and address of the brewer. The containers shall.be
¢,3 ideritified as malt liqudr, contain the name of the m�lt liquor,
q.4 bear the name and address of the brewer selling the malt liquor,
4.5 and shall be considered intoxicating liquor unless the alcoholic
4.6 content is labeled as otherwise a�ta7515a1100.W1A hsewer�s total
4,� p=ovisions of Minnesota Rules, p
der this paragraph may not
q.g retail sales at
on
or off-sale un
q,g exceed 3,5Q0 barYels per year, provided that off-sales may not
4.10 total mo=e than 50 pe=cent of the b=ewes's p=aduction o= 50U
4.11 barrels, whichever is less. A brewez licensed under subdivision
4.12 b, clause (d),�may hold or have an�interest in other r�tail
4.13 on-sale I.icenses, but may not have an owsze=ship inte=a=teinlo ee
y
4.14 whole o= in part, or be an officer, dire�T��=; o e� olesaler; or
q,15 af, arYy o'ther manufactux�e�, brewer, a.mp
http
5/5/2005
S.F. N�. 171, 2nd Engrossment 84th Legtslauve �ess�c���
4.16 be an affiiiate the=eof whethet the affiliation is co=poxate or
4.17 by management, di=ection, or control: Notwithstanding this
q,18 'prohibit�.on, a bzewer licensed under subdiv�isa�bxewesllicensed�
4.19 may be an affiliate or subsidia=y company f
4.20 in Minnesota 4L elsewhere if that bxewe='s onZy max'�ufacture of
4.21 ma.lt liquo= is':
4.22 (i} manufactuse licensed vnder,subdivision 6, se {d};
4.23 (ii) manufacture in anothe= state fo= cansump
4.24 exclusively in a restaurdnt loca'ted in the place of n�nufacture;
4.25 os tion
4.26 (iii) manu£actu=e in another state for co�sumP
4.27 primarily iti a restaur�.nt located in or iunmediately adjacent to
4,28 the place of manufacture if the b=ewe= was licensed undes
4.29 subdiva.sion 6, clause (d}, on January 1, 1995.
4.3� (c) Except as�provided in subdivision 7a, no b e interest, in
4.31 defined in subdivision 7a or imparte� maY have any
4.32 whole or in part, directlp o= indirectly, in the license,
4.33 business, asaets, or cox'porate stock of a licensed malt liquor
4.34 wholesaler.
4.35 Sec. 3. Minnesota Statutes 2004, section 340A.404,
4.36 subdivision 10, is amended to read: ovexninq
5.1 S�ubd. 10. [TEMPORARY ON-SAI.E LICEriSES.] (a) The 3
5,2 body of a municipalit.y may issue to (1) a club or charitable,
5.3 seligious, or other nonpxofit organization in existence for a�
5.4 least three years, t2} a political co�¢aittee registesed under
5,5 section 1dA.14, ox {3) a state unive=sity, a temPo=ary license
5.6 for the'isn-sale af intoxicating liquor onsosedebyitheWlicensee.
5.7 social event within the municipality sp
5,8 The license may authorize the on-sale of intoxicating liquor for
5,g not mcsre than four�consecutive day�, and may authorize on-sales�
5.10 on premises othe= than psemises the Iicensee owns or Fermanently
5.11 occupies. The license may p=ovide that the licensee may
5.12 contract for intbxieating liquor'catering seivio�g�icensehissued
5.13 holde= of a f�11-yea= on-sale intoxicating liqu
5.1A by any mui?iciPaiity; The licenses a=e subject to the terms,
5.15 including a license £ee, im�iosed by the issuinc� municipality.
5.16 I,icenses issued under this subdivision a=e subject to all laws
5,17 and ordinances govexning the sale• of intoxicatinaralxaoh td)�pt
5.18 sections 340A.409'and 340A.504, subdivision 3, p P
5.19 and those laws and ordinances which by their natuse are not
5.20 applicable. L'icenses under this subdivision axe not valid
5.21 unless first appxoved by' the co�ai"ssiorieY' a� p�lic safety.
5_22 �b� A �ountiy undex this section may issue a tempoxa=y
5.23 license only to a premises located in the unincoxporated oz
5.24 unorganized teiritory of the cdunty.
5.25 (c) The Qoverninq bodv of a munici�alitv maY issue to a,
5.26 bsewez who manufactuses fewe= than 3,5�Q bar=els of malt liquox
5,27 in a vear a temvd'rarv•license fo= t�he on-sale oF intoxica'Ca.riq
5,28 liauor in cannection with a social event within the municipalitv
5.29 sponsosed b� the brewer. The terms and conditions specified for
5.30 temporarv licenses under �araqraoh (a) shall a�b1v to a license
ued undex this �araqravh, exceot that the recuiremen�h
5.31 iss 1 aop1Y to
5.32 section 340A.409, subdivisions 1 to 3a, shal
5.33' license•
5.34 Sec. 4. [340A.910J [SEVERABI�ITY.J
5.35 In the event that a couzt of comaetent �urisdiction holds
�,36 that anv section of this cha�ter is unconstitutional or
6.1 othexwise invalid, the invalidity does not affect other
6.2 p=ovisions o= applications of this cha�ter that can be qiven
6.3 effect without the invalid �rovisions or anplication, and to
6.4 this end the ±�rovisions of this chapter are se�erable.,
6.5 Sec. 5. I,avas 2043, chapter 126, section 28, is amended to
6.6 sead:
6.7 Sec. 28. [ELRO SPEEDWAY: ON-SALE LICENSE.I
6,g Notwithstanding,Mi.nnesota Statute iss�ze c an on
6,g subdivisiQn 1, the city of Elko may
http://www.revi�or.leg. state.mn.uslbin/bldbill.php?bi11=S0171.2&session=1s84
5I5J2045
S.F. No. 171, 2nd Engrossment 84th Legisiahve session ��vv�
6.10 intoxicating liquor license to the Elko Speedwaauthorizetsales�
6.11 the number authorized by law. The license may
6,12 only to persons attending racing events at e t �eekp ee All y.
da s
of th
icense authorizes sales on all Y onsistent
6.13 1 not inc
6.14 provisions of Minnesota Sta�ot�he license authorized unde= this
6.15 with this provision, apply
6.16 section. The license may be issued for a space that is not
6.17 compact and contiguous� provided that the licensed premises maY
6.18 include only the space within the fenced grandstand area as
6.19 described in the approved license application.
6.20 5ec. 6. Laws 2003, chapter 126, section 29, is amended to
6.21 read:
(_22 Sec. 29. I�� LICENSES; STATE FAIR.j
6.23 (a} Notwithstanding Minnesota Statutes, sections 37.21 and
6.24 340A.412, subdivision 4, paragraph (a) clause (3)
6.25 R�ev Countv may issue a license to the holdex of a
6.26 state fair concessions contract with the state agricultuxal
6.27 society which authorizes the licensee to sell Minnesota-produced
6,28 wine by the glass at the state fai= in connection with the sale
6.29 of food by the concessionaire. All provisions of Minnesota
6.30 5tatutes, chapter 340A, not inconsistent herewith, apply to
6.31 licenses issued under this section.
6.32 (b) For purposes of this section pMinnesota-produced wine"
6.33 means wine produced by a farm winery licensed under Minnesota
6.34 Statutes, section 340A.315, and made from at least 75 percent
6.35 Minnesota-gxown grapes, grape juice, other fruit bases, other
6.36 juices, and honey.
�.1 Sec. 7. [WADE MUNICIPAI� STADIUM: L14UOR LICENSE.]
7,2 Notwithstandinq anl othe= law to the contrarY, the cit�r of
7,3 Duluth maW issue an on-sale wine and malt lictuor license in
7,q addition to the number authorized by law for the �rea►ises known
7.5 as Wade Munici�al Stadium fo= use durinci baseball cTames and
7,6 other events s�onsosed b<f the Duluth Huskies. The license may
'7,7 autho=ize the sale and consumption of wine and malt li4uor in
um
7,8 the cirandstand and dininci areas of the stadium. The license
'7.9 authoxizes sales on all days of the week.,
7.10 Sec. 8. [CITY DE MINNEAPOLIS; ZIQUOR LICENSE.]
7.11 NotwithstandinQ an�f law, ordinance, or charter �pxovision to
7.12 the contrar��, the cit�i of Minneapolis may issue an intoxicatinq
7.13 liauor license to an establiskunent located at 2200 Como Avenue
7.14 Southeast, which cur=entl�� holds an on-sale wine license.
7.15 Sec. 9. [STATE CAPITOL CENTENNIAI� EVENTS-�
7.16 NotwithstandincT anv other law to the contrary, the city of
7,17 St. Paul ma�r issue an on-sale wine and malt liquor license to
7,18 the Cavitol 2005 Conanission or Friends of the Minnesota State
7.19 Canitol for special events held in the State Capitol and on the
7.20 Canitol qrounds relatincT to the centennial anniversary of the
7.21 Capitol buildina. The license authorized bv this section is,
7,22 valid until Januarv 2, 2006. Al1 �=ovisions of Minnesota
7.23 Statutes, cha�ter 340A, not inconsistent with this section applv
7.24 to the license authorized by this section.
�,25 Sec. 10. [EFFECTIVE DATE.]
7,26 Section 1 is effective Julv 1, 2005. Sections 2 to 4, 6•.
7.2� 7, g, and 9 a=e effective the dav followinq final enactment.�
7.28 Section 5 is effective on a•aproval bv the Elko City Council and
7.29 comnliance with Minnasota Statutes, section 645.021..
Piease direct all comments concerning issues or legisiation
to your Hause Member. or State Senator..
For Legislative Staff or for directions to the Capitol, visit the Contact Us page•
http;//www.revisar.leg. sta.te.mn.us/bin/bldbill.php?bi11=S0171.2&session=1s84
5/5/2005
I
G. Brew Pub Off-Sale License (Growlers)
l. A municipality may issue with the approval of the Commissioner of Public
Safety, an off-sale malt liquor license to a brew pub within it's
jurisdiction. The license allows the brew pub to sell malt beverages
brewed on their licensed premises at off-sale with the following
stipulations:
The container (Growler) must be a 64 ounces.
The container must be properly sealed with a twist type closure,
cork stopper or plug.
The container must also bear a plastic or paper adhesive band,
strip or sleeve that extends over the top of the container forming a
seal that must be broken upon opening the container.
The seal and the container must bear the name and address of
brew pub and will be considered intoxicating liquor.
Brew Pub off-sale hours are the same as the hours for off-sale
liquor stores as defined in Minnesota Statute 340A.504
(see page 6)
Not more than 500 barrels or 50 percent of the brew pub's annual
production may be sold at off-sale.
H. 3.2 Beer License (340A.403)
1. An on-sale or off-sale liquor licensee may sell 3.2 beer without a
further license.
2. A city or county may issue a 3.2 beer license for either on-premise or
off-premise sale.
3. On sale 3.2 beer licenses may be issued to drug stores, hotels, clubs,
bowling centers and establishments used exclusively for the sale of 3.2
beer with the incidental sale of tobacco and soft drinks. (340A.411
subdivision 1)
I. Wine On-Sale licenses (340A.404 Subd. 5) and on-sale of strong beer.
1. A municipality may issue an on-sale wine license to a restaurant that
has at least 25 seats. This permits the sale of wine up to 14%
alcohol.
2. A municipality may by ordinance authorize a holder of an on-sale
wine license, who is also licensed to se113.2 beer on-sale and whose
gross receipts are at least 60% attributable to the sale of food, to sell
strong beer at on-sale without an additional license no additional fee
may be charged.
3. A municipality may issue an on-sale wine license to a licensed bed
and breakfast facility, provided it is only for the registered guests.
(See also bed and breakfast no license requiYed under item B)
J. Combination Licenses (340A.406)
A city of the fourth class or a statutory city of 10,000 or fewer population may issue an off-sale
and on-sale intoxicating liquor license to the same licensee or in lieu o£issuing separate licenses
to the same licensee, may issue a combination on-sale and off-sale license.
5
lOd. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
OF THE CITY OF BROOKLYN CENTER REGARDING THE
MANUFACTURING OF BEER, WINE AND DISTILLED ALCOHOLIC
BEVERAGES
Mr. McCauley discussed that the City had a request to consider a microbrewery and that the Planning
Commission reviewed the request and recommended approval of the request to allow the operation
of a microbrewery in the I-1 and I-2 Zoning District.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first
reading and set second reading and public hearing on June 14, 2004.
Councilmember Carmody questioned if there would be sewer access charges. Director of Public
Works/City Engineer Todd Blomstrom informed that there would be sewer access charges from the
Metropolitan Council and the City. Mr. McCauley discussed that there are some unresolved issues
as to what will be put in the sewers and that it will be determined at a later date as a separate issue.
Councilmember Niesen questioned how the discharge would not impact the lake. Mr. McCauley
discussed that the flow of discharge would be into the sanitary system only and that the Metropolitan
Council will review the water for cost of the treatment.
Councilmember Niesen questioned the hours of operation. Omar Ansari addressed the Council and
informed that the hours of operation would be during day business hours. Mr. Ansari discussed that
he believes the only noise from the microbrewery would be the noise of the trucks and that if
problems axise they would handle the issues.
Motion passed unanimously.
10e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
OF THE CITY OF BROOKLYN CENTER REGARDING ALLOWABLE
USES IN THE CC CENTRAL COMMERCE OVERLAY DISTRICT
Mr. McCauley discussed that this ordinance amendment would be one of several for the CC Central
Commerce Overlay District as the Opportunity Site moves forward and that this specific amendment
would evaluate and specify uses in the CC Central Commerce Overlay District.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading
and set second reading and public hearing on June 14, 2004. Motion passed unanimously.
l��"`�
OS/10/04 -6-
c�`,�
i
S
�i-
��p'."
Minnesota Department Of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT
444 Cedar Street Suite 133
St. Paul, MN 55101-5133
(651)296-6439 TDD (651)282-6555
BREWER NOTIFICATION TO FURNISH MALT LIQUOR FOR SAMPLING
Date of Notification Name and title of person completing this notification
BREWER INFORMATION
Brewer Name
Brewer Address
Brand name of product to be sampled
Amount of product to be provided
Name of Wholesaler that will make delivery
Number of times a product has been provided to this retailer for sampling in the past calendar year
RETAILER INFORMATION
Retailer conducting sampling
Retailer address
Sampling date Hours
The brewer named in tl:is notificatiore acknowledges the provisions oJM.S. §340A510 and agrees
to comply with all requirements.
Signature (Authorized brewer representative acknowledging above information to be true and correct).
NOTE: All information to be completed by brewer representative
PS009104 (4/96)
�linnesota Statutes 2004, 340A. 0 Nage ot
✓Iinnesota Statutes 2004. Table of Chanters
,able of contents far Chai�ter 340A
•340A.510 Samples.
Subdivision l. Samples for other than malt liquor
authorized. On- or off-sale retail licensees and municipal
liquor stores may provide, or permit a licensed manufacturer or
a wholesaler or its agents to provide on the premises of the
retail licensee or municipal liquor store, samples of wine,
liqueurs, cordials, and distilled spirits which the retail
licensee or municipal liquor store currently has in stock and is
offering for sale to the general public without obtaining an
additional license, provided the wine, liqueur, cordial, and
distilled spirits samples are dispensed at no charge and
consumed on the licensed premises during the permitted hours of
sale in a quantity less than 50 milliliters of wine per variety
per customer, 25 milliliters of liqueur or cordial, and 15
milliliters of distilled spirits per variety per customer.
Subd. 2. Malt liquor samples authorized. (a)
Notwithstanding section 340A.308, a brewer may purchase from or
furnish at no cost to a licensed retailer malt liquor the brewer
manufactures if:
(1) the malt liquor is dispensed by the retailer only for
samples in a quantity of less than 100 milliliters of malt
liquor per variety per customer;
2) where the brewer furnishes the malt liquor, the
iler makes available for return to the brewer any unusecl
malt liquor and empty containers;
(3) the samples are dispensed by an employee of the
retailer or brewer or by a sampling service retained by the
retailer or brewer and not affiliated directly or indirectly
with a malt liquor wholesaler;
(4) not more than three cases of malt liquor are purchased
from or furnished to the retailer by the brewer for each
sampling;
(5) each sampling continues for not more than eight hours;
(6) the brewer has furnished malt liquor for not more than
five samplings for any retailer in any calendar year;
(7) where the brewer furnishes the malt liquor, the brewer
delivers the malt liquor for the sampling to its exclusive
wholesaler for that malt liquor;
(8) the brewer has at least seven days before the sampling
filed with the commissioner, on a form the commissioner
prescribes, written notice of intent to furnish malt liquor for
the sampling, which contains (i) the name and address of the
retailer conducting the sampling, (ii) the maximum amount of
liquor to be furnished or purchased by the brewer, (iii)
number of times the brewer has furnished malt liquor to the
retailer in the calendar year in which the notice is filed, (iv)
the date and time of the sampling, (v) where the brewer
furnishes the malt liquor, the exclusive wholesaler to whom the
ttp://www. revisor.leg.state. mn. us/stats/340A/510. html 05/12/200
I:
/linnesota Statutes 2004, 340A.510 Nage z ot
brewer will deliver the malt liquor, and (vi) a statement by the
brewer to the e�fe�c� that to the brewer's knowledge all
requirements of this section have been or will be complied with;
and
n� the commissioner has not notified the brewer filing the
e under clause (8) that the commissioner disapproves the
notice.
(b) For purposes of this subdivision, "licensed retailer"
means a licensed on-sale or off-sale retailer of alcoholic
beverages and a municipal liquor store.
HIST: 1Sp1986 c 3 art 1 s 43; 1987 c 152 art 1 s l; 1989 c 49
s 6; 1996 c 418 s 11; 1998 c 364 s 7; 2003 c l26 s 13,14
'opyright 20d4 by the Office of Revisor of Statutes, State of Minnesota.
i
�ttp://www. revisor.leg.state. mn. us/stats/340A/510.html 05/12/200
�Iinnesota Statutes 2005. Table of Chapters
'able of contents for Chanter 340A
340A.601 Establishment of municipal liquor stores.
�ubdivision 1. Authority. A city having a population
of not more than 10,000 may establish, own, and operate a
municipal liquor store which may sell at retail alcoholic
beverages and tl) in the case of a municipal liquor store that
sells at off-sale only, all items that may lawfully be sold in
an exclusive liquor store under section 340A.412, subdivision
14, or (2) in the case of a municipal liquor store that sells at
on-sale only, or at on- and off-sale, any item that may lawfully
be sold in an establishment with an on-sale intoxicating liquor
license. A municipal liquor store may also offer recorded or
live entertainment and make available coin-operated amusement
devices.
Subd. 2. Population change. A city which has
established a municipal liquor store may continue to operate it
notwithstanding a subsequent change in population.
Subd. 3. Scope aad application. A city which
established a liquor store prior to July 1, 1967, may continue
to own and operate it.
Subd. 4. Newly formed municipalities; municipal liquor
stores; liquor licenses. A city may not establish or operate
a municipal liquor store or issue an on-sale or off-sale liquor
license until two years after its incorporation. This
r triction does not apply to a newly incorporated statutory
which had formerly been a town or is made up of a major
graphic portion of what had formerly been a town, which town
had the powers of a statutory city under section 368.01.
Subd. 5. Issuance of licenses to private persons. A
city owning and operating a munieipal liquor store may issue
on-sale liquor licenses to hotels, clubs, and restaurants. A
city issuing on-sale licenses under this subdivision may
continue to operate the municipal liquor store or may resume
operation of a municipal liquor store previously discontinued.
The number of on-sale licenses issued under this section by
a city is governed by section 340A.413.
A city may not issue licenses under this section, other
than a license issued to a club under section 340A.404,
subdivision l, clause (4), until authorized by the voters of the
city voting on the question at a special election called for
that purpose.
Subd. 6. Musiicipalitias; certain on-sale liceases. A
city which did not permit the sale of intoxicating liquor within
its boundaries as of June 30, 1969, or was incorporated after
that date may issue on-sale licenses for the sale of
intoxicating liquor in accordance with subdivision 5.
Subd. 7. Notice of intent. A city which has issued
il intoxicating liquor licenses may not establish a
icipal liquor store until one year after publishing a notice
of its intention in the city's legal newspaper. The city must
provide in the notice if the municipality will be engaging in
the sale of intoxicating liquor to the exclusion of all private
interests.
/linnesota Statutes 2004, 340A.510 rage oT
�Iinnesota Statutes 2004. Table of Chaoters
,able of contents for Chanter 340A
�340A.510 Samples.
Subdivision 1. Samples for other than malt liquor
authorized. On- or off-sale retail licensees and municipal
liquor stores may provide, or permit a licensed manufacturer or
a wholesaler or its agents to provide on the premises of the
retail licensee or municipal liquor store, samples of wine,
liqueurs, cordials, and distilled spirits which the retail
licensee or municipal liquor store currently has in stock and is
offering for sale to the general public without obtaining an
additional license, provided the wine, liqueur, cordial, and
distilled spirits samples are dispensed at no charge and
consumed on the licensed premises during the permitted hours of
sale in a quantity less than 50 milliliters of wine per variety
per customer, 25 milliliters of liqueur or cordial, and 15
milliliters of distilled spirits per variety per customer.
Subd. 2. Malt liquor samples authorized. (a)
Notwithstanding sectiion 340A.s0�, a brewer may purchase from or
furnish at no cost to a licensed retailer malt liquor the brewer
manufactures if:
(1) the malt liquor is dispensed by the retailer only for
samples in a quantity of less than 100 milliliters of malt
liquor per variety per customer;
2) where the brewer furnishes the malt liquor, the
iler makes available for return to the brewer any unused
malt liquor and empty containers;
(3) the samples are dispensed by an employee of the
retailer or brewer or by a sampling service retained by the
retailer or brewer and not affiliated directly or indirectly
with a malt liquor wholesaler;
(4) not more than three cases of malt liquor are purchased
from or furnished to the retailer by the brewer for each
sampling;
(5) each sampling continues for not more than eight hours;
(b) the larewer has furnished malt liquor for not more than
five samplings for any retailer in any calendar year;
(7) where the brewer furnishes the malt liquor, the brewer
delivers the malt liquor for the sampling to its exclusive
wholesaler for that malt liquor;
(8) the brewer has at least seven days before the sampling
filed with the commissioner, on a form the commissioner
prescribes, written notice of intent to furnish malt liquor for
the sampling, which contains (i) the name and address of the
retailer conducting the sampling, (ii) the maximum amount of
liquor to be furnished or purchased by the brewer, (iii)
number of times the brewer has furnished malt liquor to the
retailer in the calendar year in which the notice is filed, (iv)
the date and time of the sampling, (v) where the brewer
furnishes the malt liquor, the exclusive wholesaler to whom the
http://www. revisar.leg.state. mn. uslstats/340A/510. html 05/18/200
1linnesota Statutes 2004, 340A.510 F'age 1 ot
brewer will deliver the malt liquor, and (vi) a statement by the
brewer to the effect that to the brewer's knowledge all
requirements of this section have been or will be complied with;
and
9) the commissioner has not notified the brewer filing the
n ce under clause {8) that the commissioner disapproves the
notice.
(b) For purposes of this subdivision, "licensed retailer"
means a licensed on-sale or off-sale retailer of alcoholic
beverages and a municipal liquor store.
HIST: 1Sp1986 c 3 art 1 s 43; 1987 c 152 art 1 s 1; 1989 c 49
s 6; 1996 c 418 s 11; 1998 c 364 s 7; 2003 c 126 s 13,14
;opyright 2004 by the Office of Revisor of Statutes, State of Minnesota.
'I http://www.revisor.leg.state.mn.us/stats/340A/510.html 05/18/20(
I
YYYYU�
Curt Boganey
�om. Diane Niesen
Sent: Thursday, July 13, 2006 5:11 PM
To: Curt Boganey
Subject: Information for next Council Work Session Golf Course audit possibilities
To: Mayor, Councilmembers, Acting City Manager
Fr: Councilmember Niesen
Re: Golf Course information
Today I spoke with Dave Mol at Tautges Redpath regarding options for Golf Course/audit
information.
In the 2005 Audit Report that we reviewed together with auditors, staff and members of
Financial Commission it was note
d that
p.32 has the Balance Sheet, p.34 the Income Statement, and p.36 the Cash Flow
Statement. The I/S contains non-cash items such as depreciation. It was suggested that
having either staff, or the auditors, prepare a 5-year projected cash flow statement would
help Council see where money for operations, capital items and debt repayment is planned
to come from. This would aid any initial decision-making for CIP planning, benchmarking
and yearly monitoring to projections.
As staff prepared a projection for expenses, so should a projection for cash-flow be
prepared. Again, the auditors have the capability of providing this to Council also.
An audit can provide more in-depth analysis of internal controls. With things so tight, each
and every dollar (sales) matters.
An audit can provide business comparisons to other golf courses using information from
NGCOA: green fees, customer types/trends, expense ratios, debt levels, staffing, etc.
It was noted that last year the Golf Course generated $21,000 from operations. With a$50,000
loan payment it would not take long, if this trend continued, for the cash-on-hand of
approximately $45-50,000 from end-of-year to be depleted.
In m o inion in order for Council to n
u derstand the tax a er subsid to this amenit curr I
Y p ent
P Y Y Y Y�
and projected over the next several years, a projection of income should be done in any case.
While the City funds Community Center activities, parks and such, it needs to be known how the
Golf Course is stacking up, or needs to stack up, in relation. The bottom line is, where is the
tipping point at which taxpayers should cease supporting this Enterprise and another option for
its use explored?
What is the difference if one year the Council authorizes a transfer of $49-50,000 from the
�eral Fund to the Golf Course, vs. complete forgiveness of a loan payment? In either case,
�at is a subsidy of this communit amenit that we ma or ma not, be able or want to afford.
Y Y Y Y
7/14/2006