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HomeMy WebLinkAbout2003 08-11 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION August 11, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. City Attorney report on open meeting law 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Coun 'lmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: August 5, 2003 SUBJECT: Legal Opinion on Open Meeting Law Attached please find a copy of an opinion from Charlie LeFevere outlining some thoughts and guidelines in dealing with e -mail communications. As indicated in Mr. LeFevere's opinion, this is an area of potential concern that has not been clearly ruled upon by the Courts. This opinion was requested in response to a concern raised by Councilmember Carmody asking for guidance on the Open Meeting Law as it would relate to electronic communications. 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. cityo f brooklyncenter. org Aua -06 -03 16:29 From - Kennedy & Graven +612337931D T -DBD P.002/01)5 F -205 470 Pillsbury Center 1 200 Sauch Sixth Scrccr Minneapolis MN 554D2 _ (612) 337 -9300 celephonc (612) 337 -9310 Fax C H A R T E R E D hrep :Ilv - %w.kerutcdy- grnvcn.com C11A.RLES L. LEFEvERE Arromey at taw Direct Dial (612) 337 -9215 August 5, 2 03 Email: cicfevere c@kcnnedy- graVen.com VIA FACSIMILE 763 569 -3494 AND U.S- MAIL Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: 'Oven Meetinz Law Dear Mike: You have asked for my comment on the question whether an exchange of emails can cause a violation of the open meeting law. The courts have established that a scheduled gathering of a quorum of a public body is a meeting Within the meaning of the open meeting law. Meetings of less than a quorum have not resulted in a finding of violation of the open meeting law on the facts presented to the courts up to this time. It is clear that a simple meeting of one councilmember with another is not a per se violation of the open meeting law. However, in an extreme case, such as moving council discussions from a council meeting to an intereet chat room would, in all probability, result in a finding by the court that a violation of the open meeting law has occurred. In one of the principal open meeting law cases in Minnesota, Maber2 v. Independent School District No. 281, 336 N.W. 2d, 510 court found that a number of meetings of school board members did not constitutes violations 3 o f the open meeting law but noted that "serial meetings in groups of less than a quorum for the purposes of avoiding public hearings or fashioning agreement on the issue may also be found to be a violation depending on the facts of the individual case." In det erminin g whether any group of communications among council members constitutes a violation of the open meeting law, the court would be balancing the public right to be informed against the efficient administration of city business. The court would consider a number of factors in making this decision, including the following: 1. The subject matter of the communication. Communications relating to incidental matters such as scheduling, notices of meetings, and purely social communications would probably not constitute open meeting law violations. However, if the subject matter of the CLtr235393v1 communications is city business, a matter of public interest, and perhaps a subject that is BR291 -4 Au1i —D6 -03 16:29 From — Kennedy & Gravan +612337931D T—DBD P.DD31DD5 F-2D5 Mike McCauley Letter August 5, 2003 Page 2 expected to come up for city council decision in the future, it is more Iikely that communications could be found to be a violation. 2. The number of people involved. The greater the number of people involved, the snore likely it is that a violation will be found. A single communication between two people, by itself, would not be a violation. However, as noted in the Moberz case, serial communications could constitute a violation. Therefore, a one -on -one meeting that is part of a series of one - on -one meetings among councilmembers could be a violation of the open meeting law. When emails or other communications are addressed by a councilmember to all other councilMembers, a communication has occurred between more than a quorum of the city council members. Whether any one such communication, or series of communications, constitutes a violation of the opera meeting law would depend on the facts of eacla case. However, involving all of the city council members increases the risk that a violation will be found. 3. Substantive discussion. If a communication is merely the forwarding of information, it is less likely to be found to be a violation. However, if a communication involves statements Of position, intent, arguments, or communications that could lead to influencing or arrangim votes in an upcoming decision Us is more likely to be found to be a violation. 4. The extent of the communication. A single one -way communication is less likely to be found a violation of the opera meeting law. However, continuing responses between and among councilmembers may constitute the type of discussion of a public issue that the open meeting law requires to occur in an open public meeting. 5. Public discussion of issue. If there has been, or will be, a full public discussion of an issue, the courts may be more forgiving of communications that occur outside of that hearing. However, if there has been no public hearing, or the primary discussion occurs through outside communications, the court is more likely to conclude that the meeting is a substitute for a proper open meeting and therefore is a violation of the open meeting law. 6. Need for public discussion. If the subject matter of the communication is a matter about which it is expected that public discussion would occur, or if there is a need for public input and public oversight, the court's analysis may be tipped in favor of a finding that the public's right to be informed is violated by the communication. 7. Puroose to avoid public discussion,. If it is the conclusion of the courn that the evidence establishes that the purpose of the communication is to avoid public discussion, it is more likely that the communications will be found to be a violation. CLL- 235393Yr BR291-4 I Auz -06 -03 16:29 From - Kennedy & Graven +6123379310 T -DBD P.004 /005 F -2D5 Mike McCauley Lettcr August 5, 2003 Page 3 I believe there is reason to be concerned about email communications as a possible violation of the open meeting law. Emails can, of course, be as effective a means of communications as a face -to- face meeting. However, it is much easier for couzicilmembers to lose control of email communications. For example, Councilmember A may send an ciriail communication to all other councilmembcrs on a matter of public interest or city business. At that point, a communication has occurred among all city council members. That one communication, by itself, may not be a violation of the open meeting law. However, neither Councilmember A nor any one of the other counci]rnembers can control where the conversation goes from there. If Councilmember B responds and again copies all councilmembets, all city council members have become involved, either actively or passively, in a series of communications on a matter of public business. If Councilinember C adds a comment, communications have now actively occurred among a quorum of councilmembers. This may not have been the intent or expectation of Councilmember A or Councilmember B, but it has nevertheless occurred_ The point at which such communications becomes a violation of the open meeting law may vary from case to case depending on the particular facts and the factors noted above, among others. If a quorum of eouncilmembers finds themselves in the same physical location discussing a matter of city business, it is easy for one or more to leave. However, it is more difficult to manage a person's participation in council communications when they are occurring by email. Until a councilmember has read an email from another councilmember, lie or she does not know whether the email is an innocent social communication or a communication that could be one link in an open meeting law violation. When deciding whether to participate in a communication, if there are any concerns about open meeting law violations, it is best to err on the side of caution for several reasons. One reason is that these non - conventional meetings are evaluated by the court on a case -by -case basis_ Therefore, until a judge has weighed the facts and determined whether the need for effective administration of city business at a closed meeting outweighs the public's right to be informed, a eouncilmernber will not know whether a violation has occurred, Moreover, there are no cases dealing directly with such communications, so there is little guidance about how such matters will be decided by the courts in the future. Second, it is not pleasant to be the subject of open meeting law violation allegations or the defendant in an open meeting law lawsuit. It can be disruptive, time consuming, and disturbin to be front page news with one's name associated with alleged open meeting law violations. g Finally, if there is an open meeting law lawsuit, the city council may or may not decide to pay any legal expenses incurred in connection with the lawsuit. Some cities have secured open meeting law insurance. However, to the extent that insurance is not available, or is not sufficient to cover expenses, a councilmember may be requesting reimbursement for legal expenses or damages from an unsympathetic council (I was involved in defending a mayor and councilznember in Lake Elmo for open meeting law violations. Even though the court found, both at the district court and the CLL.235393vt aa.z91-4 Au¢ —D6 —D3 16:29 From Kannedy & Graven +6123379310 T—DBD P.OD5 /DDS F -205 R Mike McCauley Letter August 5, 2003 Page 4 court of appeals levels, that no open law meeting law violation had occuzred, a substantial time Passed before the city council finally agreed to reimburse the two members for then, there was no legal obligation for the city council eve legal f to do so.) I would recommend that fees -and council consider ado n Pig practices much as possible. that avoid communications outside of city council meetings s Many potential problems could be avoided, for example, b forty information, questions and re uests to the Ci Y for councillneznbers as a q �' Manager who can then forward information to other appropriate. Tease give me a call if you have any fwther questions. Very truly yo I Charles L. LeFevere CLL:peb I CLL- 235393Y1 88291 -4 • CITY COUNCIL MEETING City of Brooklyn Center August 11, 2003 ** AMENDED AGENDA ** 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Foruin will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 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 23, 2003 - Special Session 2. July 28, 2003 - Study Session 3. July 28, 2003 - Regular Session b. Licenses C. Resolution Regarding Tax Forfeited Land • • CITY COUNCIL AGENDA -2- August 11, 2003 d. Approval of Contract Between the City of Brooklyn Center, School District No. 011, and Hennepin County for the Use of Brooklyn Center's County -owned Election Equipment by the School District e. Amending 2003 City Council Meeting Schedule - Motion to amend the August 18, 2003, Work Session to 6:30 p.m.; reschedule the October 6, 2003, Work Session to October 20, 2003; and amend the City Council Retreat to 8:30 a.m. f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees g. Resolution Accepting Bid and Awarding a Contract, Improvement ProjectNo. 2003- 13, 2003 Street Sealcoat h. Resolution Approving Final Plat for ONEILLS ESTATES 8. Public Hearings a. An Ordinance Vacating a Portion of Street Right -of -Way: Shingle Creek Parkway • South of 69 Avenue North -This item was first read on July 14, 2003, published in the official newspaper on July 24, 2003, and is offered this evening for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. - Motion to table ordinance. b. An Ordinance Vacating a Portion of Utility Easement Along Garden City Elementary School, Osseo School District No. 279 -This item was first read on July 14, 2003, published in the official newspaper on July 24, 2003, and is offered this evening for second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. • I • CITY COUNCIL AGENDA -3- August 11, 2003 C. An Ordinance Amending Chapters 11 and 23 of the Brooklyn Center Code of Ordinances, Relating to Liquor Licensing and General Licensing Regulations -This item was first read on July 14, 2003, published in the official newspaper on July 24, 2003, and is offered this evening for second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. Resolution Recognizing and Commending Winners of the 2003 Landscape and Garden Contest -Requested Council Action: - Motion to adopt resolution. b. Report on Deer Management - Requested Council Action: • - Motion to direct preparation of a draft deer management plan. C. Resolution Authorizing the Consent to Enter Into Discussions with the Hennepin County Board Regarding Public Safety Communication Services -Requested Council Action: - Motion to adopt resolution. d. Code Enforcement Report - Requested Council Action: -None, report only. e. An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments and Report on Additional Fees for 2:00 a.m. Closing -Requested Council Action: - Select option and introduce selected ordinance to approve first reading and set second reading and public hearing on September 8, 2003. f. Report on Taxicab Licensing -Requested Council Action: -None, report only. • • CITY COUNCIL AGENDA -4- August 11, 2003 g. Set August 18, 2003, at 6 p.m. for Special City Council Meeting to Consider Utility Relocation De- Watering Request from Mn/DOT Requested Council Action: Set Monday, August 18, 2003, at 6 p.m. for Special City Council Meeting. 10. Adjournment • • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JULY 23, 2003 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. CONSIDERATION OF AGREEMENT FOR BILLING SERVICES RELATED TO • DISCHARGE OF DEWATERING FRO CONSTRUCTION ACTIVITIES ON HIGHWAY 100 City Manager Michael McCauley discussed that the Minnesota Department of Transportation (Mn/DOT) had approached City staff regarding the issues they were having with the construction of Highway 100 and the underground utilities that will require temporary dewatering. After consideration of the issues involved, City staff asked the City Attorney be the lead contact person to work on this issue. City Attorney Charlie LeFevere had prepared an agreement that would hold the City harmless if the City participated in an agreement with Mn/DOT and Mn/DOT's contractor, Ames Construction Inc. City Attorney Charlie LeFevere discussed the agreement he prepared and informed the Council that he had not received feedback from the other parties involved. Council expressed comments and concerns and had discussions with Mn/DOT representatives Wayne Norris and Liz Benjamin, about the issues involved. Some of those discussions included the following: Councilmember Niesen discussed that she thought her recollection was that the project was not going to need dewatering. Mr. Norris and Ms. Benjamin discussed the overall project and that the contractors are not able to get to the storm sewer pipes since the water tables are two to three feet higher than they were at the time the project was designed due to high rainfall amounts. 07/23/03 -1- DRAFT This is temporary construction dewatering and there would not be permanent dewatering which is why the bridge was raised to avoid permanent dewatering. Councilmember Peppe expressed that he believes the City should not be responsible if something were to go wrong and questioned if the City would be capable of monitoring the dewatering in the case the unexpected occurs. Mr. McCauley informed that the City is not in a position to supervise the dewatering. Ms. Benjamin discussed that the contractor is fully aware of the terms for monitoring and that there is a provision in the agreement regarding the monitoring. Councilmember Carmody questioned how the dewatering will be monitored and the billing process. Director of Public Works /City Engineer Todd Blomstrom discussed that the monitoring and billing needs to be agreed upon with all parties involved and that it is suggested that the billing be on a monthly basis. Councilmember Lasman expressed concern about the City being one of the last to know if something fails with the dewatering system. Councilmember Niesen questioned the reason why the City is in this situation. Ms. Benjamin discussed the process for the project up to date. Councilmember Peppe questioned if the City would be paying the money first and how this would be accomplished with the budget issues the City is facing. Mr. McCauley informed that the City would be paid as water put in, but not billed by Metropolitan Council Environmental Services (MCES) for • approximately six months for the increased flows. Councilmember Lasman made a motion to authorize an agreement with sufficient protection holding the City harmless. Councilmember Niesen questioned who and what the risks involved include. Mr. McCauley discussed that the City needs to be sure to get paid and that the Metropolitan Council Environmental Services Division (MCES) permit review did not set a limit for inflow and that there could be potential back up for those who are upstream. Mr. Norris discussed that his position would be to agree that the three parties involved need to work out an agreement and that he recommends to keep the project on track. He informed that Mn/DOT's attorney had reviewed the agreement prepared by Mr. LeFevere and that there are some reservations. Councilmember Peppe expressed that he would like to make sure that the language on page three is verified to make sure that the City Engineer is considered as part of a responsible contact for the dewatering. Mr. LeFevere informed that he would check and that the agreement could be tightened. 07/23/03 -2- DRAFT • Mr. McCauley asked that the motion be clarified. Councilmember Lasman made a motion to authorize the City Attorney to recreate an agreement to reflect desires by the Council and work with Mn/DOT and Agnes Construction, Inc. Councilmember Niesen questioned number six on page three. Mr. McCauley discussed that clause would protect the City from a cancellation policy. Councilmember Carmody seconded the motion. Councilmember Niesen voted nay. Motion passed. ADJOURNMENT The Council adjourned at 6:25 p.m. City Clerk Mayor • • 07/23/03 - 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 STUDY SESSION JULY 28, 2003 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • PRESENTATION ON POTENTIAL SENIOR HOUSING AT BEST WESTERN HOTEL SITE City Manager Michael McCauley discussed that a developer was present to provide a brief presentation on a potential senior housing proposal for the Best Western Hotel. He informed there are a number of issues involved and before the developer would continue with the proposal he would like direction from the Council as to whether or not they would be interested in pursuing the proposed senior housing at the Best Western Hotel. Winthrop and Weinstine Attorney Dan Schleck, presented materials and outlined the options proposed for senior housing at the Best Western Hotel. He informed that he would like to gear this senior housing to an upgraded community for seniors, attractive in size and amenities, and make the site accessible for others in the community. He informed there are a lot of issued to be resolved if the Council would like to pursue senior housing at this location. Jao Vang, Bridgecreek Development, added that if the Council would like to pursue senior housing there would be zoning requirements and that costs would be incurred. Mr. Schleck informed that the units would be for ownership only, that the room sizes need to be considered further, and that the pool will be kept. Mayor Kragness expressed that she would be in favor of moving forward since the City is lacking in • senior housing. 07/28/03 -1- DRAFT Councilmember Lasman expressed that she would be in favor and would like to see the area of the Best Western Hotel site improved. • Councilmember Peppe informed that he would like to have more discussions regarding the City's Comprehensive Plan before taking a stand. Councilmember Lasman questioned the resale of the units. Mr. Schleck informed that they are looking at a system for a buyback program. Mayor Kragness expressed thanks to Mr. Schleck and Mr. Vang. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda items 7c, Approval of Application from St. Alphonsus Church to Conduct a Raffle on September 20, 200 -, 8b Consideration of Application for a Currency Exchange License P pP Y Submitted by Fast Cash Check Cashing LLC to Operate a Currency Exchange Business at 6050 Shingle Creek Parkway, Suite 6078, Brooklyn Center, Minnesota; 9a, Planning Commission Application No. 2003 -010 Submitted by David Lutz (SPM Construction Company); IOb, An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center; l Oc, 2:00 a.m. Bar Closing; and l Of, Potential Development Along Highway 252 and 69` Avenue. Councilmember Carmody informed that Consent Agenda Item 7c, Approval of Application from St. Alphonsus Church to Conduct a Raffle on September 20, 2003, should be an approval to conduct • excluded bingo. Councilmember Lasman questioned if the Council could receive the monthly reports that are generated for the rental units. Mr. McCauley informed that he did not think that would be a problem. Councilmember Peppe questioned how much the appraisal would cost for the potential development along Highway 252 and 69 Avenue. Mr. McCauley informed that it would be under $10,000 and that if the developer takes over that appraisal cost would be reimbursed. Councilmember Niesen informed that there was a typographical error on page 10 of the July 14, 2003, Regular City Council meeting minutes. MISCELLANEOUS Council discussed the blacktop issue at 3300 62 Avenue North. Councilmember Niesen expressed that she would like to have a liaison to the Shingle Creek Watershed Management Commission. • 07/28/03 -2- DRAFT • ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor • • 07/28/03 -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 28, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Gary Grove, 6520 Ewing Avenue North, addressed the Council to express his concern about the code • compliance letter he had received regarding the chipped painting on his home. He requested that the Council consider allowing him to discuss this matter with the City Council at a future meeting to continue the discussion regarding the code enforcement process. It was the consensus of the Council to allow Mr. Grove to appear before the Council at the August 11, 2003, Work Session. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2• INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:03 p.m. • 07/28/03 _1_ DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she attended the Board of Water and Soil Resources meeting on July 23, 2003; and that the Shoreland Restoration Project will begin the second week of September. She informed that anyone interested with helping with the Shoreland Restoration Project could contact her. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the agenda and consent agenda with amendments to the following: e Consent Agenda Item 7a, Approval of Minutes, had a typographical error with the word quite needing to be quiet. 7c, Approval of Application from St. Alphonsus Church to Conduct a Raffle on September 20, 2003. should read: Approval of Application from St. Alphonsus Church to Conduct Excluded Bingo on September 20, 2003. Motion passed unanimously. 7a. APPROVAL OF MINUTES Motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the July 14, 2003, executive session, and the July 14, 2003, study and regular sessions minutes with the typographical error amended. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 07/28/03 -2- DRAFT • • AMUSEMENT DEVICE OPERATOR Scoreboard Pizza 6816 Humboldt Avenue North MECHANICAL Budget Home Services 13755 Buck Lake Boulevard, Big Lake Green Mechanical, Inc. 8811 East Research Center Road, New Hope Nasseff Mechanical Contractors 122 South Wabasha, St. Paul NS/I Mechanical Contracting 2300 Territorial Road, St. Paul RENTAL Renewal: 1510 69` Avenue North (4 plex) Brian Doyle Initial: 501 Bellvue Lane Brett Hildreth 5919 Pearson Drive Ramales Salustio SIGN HANGER Griffin Sign & Awning Inc. 2151 351 Avenue NW, Cambridge Spectrum Sign Systems 5680 Flint Trail, Wyoming Universal Signs, Inc. 1033 Thomas Avenue, St. Paul 7e. APPROVAL OF APPLICATION FROM ST. ALPHONSUS CHURCH TO • CONDUCT EXCLUDED BINGO ON SEPTEMBER 20, 2003 A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the application from St. Alphonsus Church to conduct excluded bingo on September 20, 2003. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003 -111 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7e. APPROVAL OF CONTRACT BETWEEN THE CITY OF BROOKLYN CENTER, SCHOOL DISTRICT NO. 279, AND HENNEPIN COUNTY FOR • THE USE OF BROOKLYN CENTER'S COUNTY -OWNED ELECTION EQUIPMENT BY THE SCHOOL DISTRICT 07/28/03 -3- DRAFT A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the contract • between the City of Brooklyn Center, School District No. 279, and Hennepin County for the use of Brooklyn Center's county -owned election equipment by the School District. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING SECTIONS 34 -110 AND 34 -140 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO SIGN REGULATIONS City Manager Michael McCauley discussed that this ordinance amendment would allow electronic message boards to change messages /images no more frequently then two seconds. Under the current ordinance any change in a message is defined as a flashing sign and is prohibited. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. • ORDINANCE NO. 2003 -07 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTIONS 34 -110 AND 34 -140 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO SIGN REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. CONSIDERATION OF APPLICATION FOR A CURRENCY EXCHANGE LICENSE SUBMITTED BY FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6050 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA - RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6060 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA 07/28/03 -4- DRAFT • • Mr. McCauley discussed that the State requires the City to publish notice of the Council's intent to consider a currency exchange license and conduct a public hearing. This evening a public hearing has been schedule with a resolution to deny the issuance of the currency exchange license by reason of Brooklyn Center Code, Section 23 -2203 (1), which prohibits location of a currency change within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as a secondhand goods dealer. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -112 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6060 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA • The motion for the adoption of the foregoing resolution P g g on was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2003-010 SUBMITTED BY DAVID LUTZ (SPM CONSTRUCTION COMPANY). REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE FIVE TRACTS OF LAND AND SURPLUS RIGHT -OF -WAY INTO TWO PARCELS AT THE SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003 -010 submitted by David Lutz (SPM Construction Company) requesting for preliminary plat approval to divide and combine five tracts of land and surplus right -of -way into two parcels at the southwest corner of Shingle Creek Parkway and 69 Avenue North is one of several steps that will take place for this project. • 07/28/03 -5- DRAFT Planning and Zoning Specialist Ron Warren outlined the request and discussed that the Planning • Commission will consider a Planned Unit Development (PUD) on August 14, 2003. In the meantime, this preliminary plat can proceed but it must be with the clear understanding that if the PUD is not approved, or some other alternative is not approved, and the final plat is filed, the proposed January 2004 modifications will not be allowed to be made based on a lack of appropriate parking meeting the minimum requirements of the zoning ordinance. Mr. Warren discussed that the question raised earlier about the right- in/right -out would be allowed and that staff is in the process of reviewing traffic of 64 Avenue. Mr. Warren informed the Council that the Planning Commission recommended approval Planning Commission Application No. 2003 -010 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An appropriate cross access agreement allowing access from the proposed Lot 2 through the proposed Lot 1 shall be developed and filed with the final plat. 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall be filed with the final plat. 5. The proposed division/combination comprehended under this preliminary plat allows for 377 parking spaces on the Palmer Lake Plaza site (proposed Lot 1), which will accommodate a 60,546 sq. ft. office and 75,546 sq. ft. industrial /warehouse occupancy of the building. Mr. Warren discussed questions raised by Councilmember Niesen regarding this request and the PUD process. Mayor Kragness suggested that Councilmember Niesen attend some Planning Commission meetings. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -010 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. S LICENSING M 0 DISCUSSION REGARDING TAXICAB C G FRO REQUEST OF Q TIM CRANDALL 07/28/03 -6- DRAFT • • Tim Crandall, 6114 Dupont Avenue North, and taxicab driver with All Around Transportation, addressed the Council to discuss his concern with the recently adopted taxicab ordinance and informed that he believes this new ordinance has cut off the general taxicab service to Brooklyn Center residents. Mr. Crandall discussed that taxicab drivers are not able to get a license through the Metropolitan Airports Commission since they only offer so many licenses per year and are not offering any more licenses this year. He discussed that he along with other taxicab drivers are certified through the Minnesota Department of Transportation (Mn/DOT) and inquired why this certification is not acceptable. All drivers are trained, have insurance, and the Highway Patrol inspecting the taxicabs. Mayor Kragness asked Mr. Crandall if All Around Transportation had a holding area. He responded that they do not have one in Brooklyn Center and that he had contacted the IHOP Restaurant about having taxicabs park in their parking lot. He suggested that the Council consider a holding area at the old bus line area along Xerxes Avenue. Mayor Kragness asked if amending the City's ordinance to require that taxicab drivers be licensed in another municipality; allowing them to pick up passengers within the City would be beneficial. Mr. Crandall responded that would help. Mr. Crandall questioned if a moratorium could be put on the taxicab ordinance until the Council makes a decision. • Council discussed the possibilities of changing the ordinance to allow the Mn/DOT certification or allowing drivers who are licensed in another municipalities to pick up in Brooklyn Center. Mr. McCauley informed that the Council could direct staff to review what other municipality's license taxicabs and or consider an emergency ordinance since an ordinance would be required to supersede an ordinance. Mayor Kragness informed that staff will look into what other municipality's license taxicabs and that staff will get a hold of him when this item is back on an agenda. 10b. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that since the Council last reviewed this proposed rental ordinance there had been two changes suggested and made to the proposed rental ordinance. The elimination of vandalism calls and the number of calls for service had been changed to .65. He provided a PowerPoint presentation of some of the materials included with the agenda packet and informed there would only be seven properties that would fall into the provisional license category. He suggested that the Council take public input and after approve the first reading and set second reading and public hearing on August 25, 2003. • 07/28/0 -7- DRAFT Councilmember Peppe discussed that he attended the Association for Rental Management (ARM) meeting and that he believes after the meeting the misperceptions were straightened out and more people are seeing the good of this proposed rental ordinance. Councilmember Carmody discussed that there was discussion regarding raising of the number of units to be included for calls for service and that she does not want to raise the number from. 5 units. Councilmember Niesen expressed that she had a lot of questions and concerns about the liability the City may face with this proposed rental ordinance. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the meeting for public input. Motion passed unanimously. John Miesen, Attorney for Brookside Manor, addressed the Council with his concern about the City trying to hold landlords responsible for tenants and suggested that the Council consider making the landlords do things to be more responsible other than a mitigation plan. He expressed that he believes the City should not hold the landlords responsible for tenants they cannot control. Councilmember Peppe expressed that the reoccurring properties are those the City needs to deal with and that the proposed rental ordinance is designed to help all properties. Mr. Crandall discussed that he agrees with the purpose; however, he does not agree with the mitigation plan. Councilmember Carmody discussed that the mitigation plans would require and help the landlords • with other measures such as security and education for tenants. She discussed that the City Council should not have to tell landlords how to run their properties; it is the responsibility of the landlords. Councilmember Niesen expressed that she agrees with Mr. Miesen and questioned the three- strike rule. Mr. LeFevere discussed the three - strike rule and informed that the rule is specific to one tenant. Mary Barrus, Housing Commissioner, addressed the Council to discuss that the Planning Commission had been working on this ordinance for approximately 15 months and that they have fine -tuned the ordinance and made the necessary modifications. Councilmember Niesen expressed that she wants to make sure the Council is doing the right thing and questioned if the Housing Commission had checked with other organizations to inquire what procedures they use. Councilmember Peppe discussed that he believes it does not matter what other organizations are doing and that effective management will make a difference. Judy Thorbus, Housing Commissioner, addressed the Council to inform that the Housing Commission did look at other municipalities and that the proposed rental ordinance is similar to the New Brighton ordinance. 07/28/03 -8- • 8 DRAFT • Councilmember Niesen questioned how long New Brighton's ordinance had been in effect and if there had been any lawsuits. Mr. LeFevere responded that he thought the New Brighton's ordinance had been in effect for approximately two and half years and that he is not aware of any lawsuits. Mayor Kragness informed that she had recently talked with the Mayor or Brooklyn Park and that since they had adopted a new rental ordinance the calls for service had dropped drastically. The Council recessed at 9:07 p.m. and reconvened at 9:15 p.m. Lloyd Deuel, Housing Commissioner, addressed the Council to express that the Housing Commission had worked long and hard on this ordinance and that he believes this needs to be passed. A resident from the area of 67`" Avenue North and Emerson addressed the Council to express that the he believes that management can make a difference with rental properties. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the public input. Motion passed unanimously. Councilmember Lasman expressed that she would like to make a motion to approve first reading and set second reading and public hearing on August 25, 2003. She believes the ordinance is fair and reasonable. • Councilmember Niesen expressed that she appreciates the work the Housing Commission has done; however, she is still concerned about holding the landlords responsible. She wants to be assured that the Council is not asking them to do something they cannot do and does not want the landlords to be surprised when they are notified that they will need to abide by a provisional license. Mr. McCauley discussed that management will be receiving monthly reports on the calls for service. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on August 25, 2003. Motion passed unanimously. loc. 2:00 A.M. BAR CLOSING Mr. McCauley discussed that a request had been received for a 2:00 a.m. bar closing. Staff had conducted a survey of surrounding communities and that survey revealed that all cities adjacent to Brooklyn Center except Fridley now have a 2:00 a.m. bar closing time. He suggested that it would be reasonable to consider amending the City's ordinance to a 2:00 a.m. bar closing and that the Council might wish to consider an additional fee for licensing the establishments that request a 2:00 a.m. bar closing. 07/28/03 -9- DRAFT Mayor Kragness discussed that she would like to have other cities surveyed to inquire what fees they • are charging and that she believes it would be important to add a fee since there will be added work from the City's police department. 10d. CITY OF BROOKLYN CENTER V. BRENDAN J. MCCARTHY, ET AL STIPULATION Mr. McCauley discussed that this stipulation would agree to resolve the issues raised by four property owners in connection with the Mississippi Riverbank project. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the stipulation. Motion passed unanimously. 10e. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this resolution would authorize the execution of an agreement between the Minnesota Department of Public Safety and the City for participation in the Safe and Sober Communities during October 1, 2003, through September 30, 2004. RESOLUTION NO. 2003 -113 Councilmember Carmody ntroduced the following resolution and moved its adoption: • Y g P RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10L POTENTIAL DEVELOPMENT ALONG HIGHWAY 252 AND 69' AVENUE Mr. McCauley discussed that the City had received a request David G. Evanson to have the City acquire excess right -of -way from the Minnesota Department of Transportation (Mn/DOT) for potential development along Highway 252 and 69` Avenue. Acquiring the land from Mn/DOT would make sense even if an agreement was not made with Mr. Evanson. The request before the Council is to authorize commencing the process with Mn/DOT to purchase the property, including performing a survey and appraisal that would be funded by the Economic Development Authority. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve a letter to Mn/DOT requesting purchase of excess right -of -way along Highway 252 and 69 Avenue. Motion passed unanimously. • 07/28/03 -10- DRAFT • 11. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:40 p.m. Motion passed unanimously. City Clerk Mayor • • 07/28/0") _ _ " 11 DRAFT i City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy Cipy Clerk DATE: August 6, 2003 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on August 11, 2003. MECHANICAL Dave's Heating & Air Inc. 11601 37 Avenue NE, Columbia Heights S B S Mechanical Inc. 7160 Madison Avenue West, Golden Valley RENTAL Renewal: 4700 68 Avenue North Michael and Kristina Bowe 060803 Dog Complaint 052703 Dog Complaint • 010103 Impounded Animal 5444 Bryant Avenue North Ralph Johnson No Calls 5316 Russell Avenue North Lewis and Vivian Hedlund No Call Initial: 3701 47 Avenue North (11 units) Drew Kabanuk 030503 Suspicious Activity 081202 Theft 5347 -53 Brooklyn Boulevard Randy Cook 111202 Suspicious Activity (5347) 112902 Alarms (5353) 5715 Knox Avenue North Xiong Yang No Calls 5223 Twin Lake Boulevard E Donna Kabanuk No Calls SIGN HANGER Color Sign Service, Inc. 11096 61 Street NE, Albertville 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 ouncil Agenda Item No. 7c ty g Member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION REGARDING TAX FORFEITED LAND WHEREAS, Hennepin County has requested approval of their classification of certain tax forfeited land as non - conservation land and further requested municipal recommendation for public auction approval; and WHEREAS, it has been determined that the City has no utilities or public use to which the land could be placed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the classification by Hennepin County of Hennepin County parcels number 34- 119 -21 -21 -0024 relating to a portion of Lot 5, Block 2, Sunrise Manor in the City of Brooklyn Center has non - conservation property be and hereby is approved. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that it formally recommends the public auction of the property as proposed by Hennepin County. Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers C , Lasman, Niesen, and Peppe FROM: Michael J. McCaule DATE: August 6, 2003 SUBJECT: Hennepin County Request to Approve Classification of Tax Forfeited Land and Recommend Its Sale at Public Auction Attached are materials received from Hennepin County requesting municipal approval of the classification of the property as non - conservation land and recommending its sale at public auction. If the City Council takes no action prior to September 15, 2003, it will be deemed to have approved the classification and sale. The Public Works Director has reviewed the property in question and determined that there is no impact on City utilities from this proposed action. Also there would be no public purpose to which the City could put the property by requesting that it be conveyed to the • City. 10 , 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.cityolbrooklyncenter.org XBR O, or • MEMORANDUM KLYN TER DATE: July 24, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works -0 SUBJECT: Hennepin County Property — 34- 119 -21 -21 -0024 Attached is a letter from Hennepin County Taxpayer Services Department regarding the above referenced ro e p p rty. Our existing record plans and base maps indicate that the City does not have utilities within the property identified in the letter. City water main is located approximately 15 feet south of the parcel as shown on the attached plan sheet. • • CADocuments and Settings \tblomstrom \Desktop \TAB Memol.doc i li Cti i i I ! El �I i j I:: at�LIXiK' S NR 1SE 6RAhl0R P VEU�' dARA6E T WU HL ntK al[6 ediE N•aTEFL tJ11Ni UNDFR ITE . rxAVt . q❑ - CHEVROLET N ENT ��.s /- t6L CD[SRALTOF SHALL M IP a sx ^LIF• IPDI^"" '.� _ �.•, - _ - ... .. 4 _. ; . / iM.xu II IIW CPDPS imm ra 15• Mix. PA»M vi� 1 I �:• - J iJD K M �>� 69 tr` [ Nry aM INCLUD[ 3 ! fNULCN '� :V _- - N;�; � -b.• `r..TLP3Crt aEEOYxuLCI!_ �Z ALL wDP. `J IELOFI,F/• _ „�,,, _ --- _- AF¢{1b.' -_ d LpxfP� i.� MTLNTALS TOP �TIIFeE �-� "__ '�.. • E Q PftrasN!T. I:x '\ �4 SPIN.L K III[LVO<D Ip TI¢ PfD FIQI F� j rli' r ' ® ' L¢ 'l. • aLD /. .i.r - _ __ - .. 1 11�' "'bTTP— _ !! j __. �� i �'. ` ' x "" •,�•'� — nrF�i EAw . .- PUND.:c,N6f _. • � � aSiLK• «.F•R Lxw �D�a[e Fex� , ' �: � 8 ieL'NLFNF"°. Y � �¢.1 wuLyD e us i eT� j FRANCg AvE.u. . `_ - NFUaT 1Lx6 it c ' I: \ \\ ! dNJ I rt�o i TLT Mr- ae.lrexvm I, �cEA3r :- �imfPro�D PLw -_ 'gawca.- nmcazz-t' "nw,aoc. -- e6S / A Dos ._. _.. 660 wE6T SIDE fADT'iIDF C Y eaa I : L:,ao•� I :• E..w , reRN.I N - -_ � � � i �',; --- - "- -- _ _ - — - _ e66 _ oalxc3lRDE�t _ [ saL ¢r �� k SAO w.asDNN Z 2ytNA7'A � R RA1NlN gip �+ ip'. _ j� � . � a•a JINf DemN• LRw.rcE AvE wa ro ewHaKL�__i pp , - 1DULEVgRD� _ �� Ey � ,vI:YAULT � •[ RLT 8TD 6Y. .�1AT }! _ . _._ y = fi x_ -__ _` -JIFF - - •.tOJNV " �6 3�AIDE -____ _ ._� ____.- - __. _ ... _ __.. _ �L -___ I � - -_ - d - ' x NOTE: w�TfFTA1LE 6•PD _ N,fYY�O __ ,d•_ iF..d.Ld1[JPr,E2x.,,- �p1ft DYFINF IIF, �CwIST. II2 •- LYa1LK_ I 30 3 - 31 •.FNGI - — I .._2 �3- Sheet No. 5 of 9 Sheet/ Hennepin County Taxpayer Services Department • A -600 Hennepin County Government Center • Minneapolis, Minnesota 55487 -0060 July 11, 2003 BY CERTIFIED MAIL. RETURN RECEIPT REQUESTED SHARON KNUTSON, CITY CLERK CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 RE: Conservation /Non - Conservation Classification List # 1253 C /NC The lands as described on Conservation /Non - Conservation Classification List # 1253 C /NC, were classified as either conservation lands or non - conservation lands, as is appropriate, by the County Auditor's Administrative Review Board. Enclosed is a copy of County Auditor's Directive No. 2003 -16 providing for the classification of the lands, under authority granted in accordance to Minnesota Statute 282.135 by the Board of Hennepin County Commissioners. As required under M.S. 282.01, the department requests that your city officials review Conservation /Non - Conservation List # 1253 C /NC. When municipal review has been completed, the department will require a certified copy of a • municipal resolution that resolves and approves parcels for public auction, for auction to adjacent owners, or requests public use conveyance or nonpublic sale to your city. It should be noted that certain changes in tax - forfeited land procedures were made by the Minnesota Legislature as part of the 2001 Tax Reform Law. See enclosed Exhibit A, an outline for suggested points that should be covered in your municipal resolution. Please be advised that the sale of the lands shall be deemed to be approved pu rsuant to M.S. 282.01. Subd. 1, if the city council fails to respond to this classification notice within sixty (60) days of receipt of certified mail. The deadline for responding will be on or about September 15, 2003. Please contact Terry Schuhler, Property Tax Services unit leader, at (612)- 348 -3734 or (612)- 596- 6527(voice mail), should you need further assistance or clarification. Sincerely, Patrick H. O'Connor, Director Taxpayer Services Department s4 Jeffrey L. Strand, Supervisor Tax - Forfeit and Property Revenue Section PHO:JLS:tls Enclosures An Equal Opportunity Employer Recycled Paper EXHIBIT A Outline of Suggested Points to Cover in a Governmental Subdivision Resolution for Tax - Forfeited Lands • I. Municipal officials should approve the classification as Conservation and/or Non - Conservation land. II. The parcels should be formally recommended for public auction approval, for adjacent owner auction approval if Minnesota Statutes, section 282.01, Subd. 7a for unbuildable vacant lots is applicable, or for requesting a conveyance for an authorized public use to your governmental subdivision, or for requesting a nonpublic sale to Your governmental subdivision. III. Upon receipt of a written application from a city or a governmental subdivision within 60 days of the classification by the county, a parcel may be withheld from auction for a time period not to exceed six months, in accordance with Minnesota Statues, section 282.01, Subd. 1. A city or governmental subdivision must pay maintenance costs incurred by the county during the six-month period during which the land is withheld from auction, provided the property is not offered for public sale after the end of the six-month period. The written application should be in the form of a municipal resolution requesting acquisition and the reason for the six- month hold. IV. Under the Minnesota Legislature's 2001 Tax Reform, procedures on targeted neighborhood lands were made uniform and consistent throu houfthe state. Effective g for deeds issued on or after August 1 2 gu 001 the recommendation of the County Board is required for applications for conveyance of targeted neighborhood tax - forfeited lands to be acquired for redevelopment as productive taxable property. Further, deeds of conveyance issued under paragraph (a) of Minnesota Statutes, section 282.0 1, Subd. lb. are not conditioned on continued use of the property as stated in the application. (Laws of 2001, H1 Article 3, Section 60) V Each parcel should be verified as to the amount and type of special assessments shown as certified to the county before forfeiture. These special assessments were canceled at forfeiture by operation of law. A percentage of the amount of the cancelled special assessments will be paid from any tax- forfeited land sales proceeds. Should any • portion remain unpaid municipalities have the ability to reassess the unpaid balance against the property, as provided by Minnesota Statutes, section 429.071. However, please keep in mind that the tax- forfeiture process serves as a "cleansing" process to effectuate return of properties to productive taxpaying status. VI. The amount and type of special assessments levied after the forfeiture should be certified to this office. These "new certified" special assessments are added to the minimum bid appraised value used in the auction. The `view certified" special assessments are to be paid from any tax- forfeited land sales proceeds. VII. Each parcel should be reviewed for special status, such as public waterfront, wetland, peat lands and marketable timber resource issues, or any potential public nuisance or special zoning conditions or restrictions. The f statutory citations are shown in County Auditor's Directive No. 2003 -16, a copy of which is enclosed. Any information supplied by the municipalities may be helpful in the successful disposition of the lands. We ask your assistance in determining if any parcels on List # 1253 C/NC have wells. If any of the parcels on the list have wells, please request a Minnesota Department -of Health Well Disclosure Certificate from this department. As noted above, please provide available information about parcels such as zoning, known soil conditions, known environmental contamination, or special municipal restrictions. Such information may assist the county in managing and marketing the properties in order to facilitate its return to a tax productive status. If you request conveyance to your governmental subdivision, please submit a properly completed and executed form PT962.RAR, titled, " Application by a Governmental Subdivistnni for Cgnvevance of Tax Forfeited Lands for an Authorized Public Use" for each parcel requested. Minnesota Department of Revenue requires use of this form Enclosed is form PT962.RAR. Please call Properly Tax Services Unit at (612) 348 -3734 if you need more blank forms, or it is located on the Department of Revenue website at the following address: http: / /www.taxes. state. mn. us /proptaxlpropinfolstdeed l statedeed.htm . Conveyance to a governmental subdivision for a public purpose is subject to the recommendation of the County Board. The Hennepin County Board's Tax - Forfeited Land Policy, Resolution No. 82 -8 -612, requires that a specific public purpose be identified in the request. A copy of the & resolution is enclosed. In our experience, the Minnesota Department of Revenue discourages use of the generic phrase "public urposes" on the requests for state deeds. Rather, the specific public purpose that has been identified for the lands should be stated on the municipal application. Prope umber Target Previous Owner • Special • Property7Cddress Area Date of Judgment Land d Value Market Assessments Legal Tenants Propertv Tvne C/NC Yes J No Date of Forfeiture Building Value Value Before Forfeiture Description Vacant (of 7/3/03) (22) City of Brooklyn Center 34 119 21 21 0024 1 No K L Persons 1,000 1,000 Vacant Land Address Unassigned 04/16/99 Non- Conservation 05/23/02 EX STATE HWY LOT 5 BLOCK 2 SUNRISE MANOR I • Office of the County Auditor No. 2003 -16 County of Hennepin COUNTY AUDITOR'S DIRECTIVE State of Minnesota (Tax - Forfeited Land) To all persons interested in the lands hereinafter described: Whereas, pursuant to legal authority y as provided under Minnesota Statutes, Section 282.135, the Director of Taxpayer Services Department, acting in the capacity of County Auditor - Treasurer, has had the matter hereinafter described come before the County Auditor for administrative review; and Whereas, pursuant to the application or request for change of status of tax- forfeited land described more fully below, the undersigned Deputy Count A p ty y editor finds as follows: 1. That the Hennepin County Auditor hereby certifies the Conservation or Non - Conservation status and authorizes public sale of all No - n Conservation classified parcels els of land on Conservation or Non - Conservation Classification List 1253 C /NC, on file with the Hennepin County Auditor, except where Conservation classification status is noted on said list, and further certifies that all parcels therein have been viewed and comply with the provisions of Minnesota Statutes, Sections 85.012, 92.461, 282.01, Subd. 8, 282.018, Subd. 1, and 282.018, Subd. 2, and other • statutes that require the withholding of tax- forfeited land from sale; and that the Hennepin County Auditor hereby requests approval, where appropriate and necessary, from the Minnesota Department of Natural Resources for the sale of tax- forfeited land fisted on Conservation or Non- Conservation Classification List 1253 C /NC. Patrick H. O'Connor, County Auditor P July 10, 2003 Marie A. Kunze _ (OFFICIAL SEAL) Deputy County Auditor • 4g83� • RESOLUTION K 0. K -.8 -512 The following resolution was offered by Commissioner Johnson, seconded by Commissioner Kremer: WHEREAS, numerous requests are received for sale or conveyance of tax forfeited land to municipalities and other governmental subdivisions of the State, BE IT RESOLVED that it is the general policy of the Henneppin County Board to encourage the return of tax forfeited lands within the county to private ownership and the tax rolls, provided that governmental subdivisions are not discouraged from acquiring 'lands to be used for conservation, recreation or other purposes as detailed in this resolution. BE IT.RESOLVED that tax forfeited land will be conveyed to governmental subdivisions without monetary consideration if: 1: The land it to be used for parks, wetlands, flood control, trailways, open space', streets, roads, rights of way and public access, or C: the land is valued at the receipt of application at $1,000 or less per parcel at current values, or an equivalent value as indexed at ten percent per annum hereafter, regardless of public use or purpose, and • BE IT RESOLVED, that except as otherwise provided in this resolution, tax forfeited land will not be conveyed to governmental subdivisions unless the current appraised value is paid, and BE IT RESOLVED that an application shall be required to request-a conveyance without payment or a Sale and the application shall be accompanied by a resolution Of the governing body specifying the public purpose or intended public use for whi - ch the tax forfeited land is being acquired. An application will not be considered unless received at least ten nays prior to the first publication of the notice o..f public sale of the subject property, and BE IT RESOLVED that the acquisition of tax forfeited land by a governmental subdivision (except Housing and Redevelopment Authorities and other governmental subdivisions of the state expressly authorized - by law to resell, lease or transfer property) for resalQ shall not be approved by the Board BE IT RESOLVED that the purchase price be paid over a three -year period commencing on date of sale if the governmental subdivision has budget or levy limitations that do not permit cash purchase. Interest shall be payable at the rate prescribed by law for sales to the public of similar property, and BE IT RESOLVED that municipalities are urged to judiciously exercise their legitimate rights of disapproval of sale and classification of tax forfeited. land in the context of this resolution, and AUG 1 01982 Resolutio tio. 8z- 8 -6Jz. continued . Page 2 BE RESOLVED that pursuant to authority of Minnes ota Statutes, Sectio • 282.03 this Board will itnpose reasonable conditions on sales to the n to limit the use of the parcels sold and to. limit amount of public expenditures that may -be made for the Uenefit of the parcels when such action will encourage municipal approval of sale, and g BE IT.RESOLVLD that if applications are concurrently filed by a governmental subdivision and a repurchaser to purchase and repurchase respectively the same tax forfeited land, the County Board will consider: I. The public interest to be served by acquisition by the governmental subdivision. 2. The public interest to be served by repurchase. 3. The hardship to be suffered by the repurchaser if the repurchase application is not approved. 4• The circumstances relating to forfeiture. ' BE IT RESOLVED that on a sh owing oW1ng of unusual j , by specific resolution, or hardship the Board of Commissioners may, approve a variance of these BE IT RESOLVED that Resolution No. 81 -3 -125 is hereby rescinded. Commissioner Kremer offered a friendly amendment to the second resolving clause, the second paragraph, to insert the word "market" between "current" and "values" and after the words "at ten percent" and insert therefor "January 1st annuallyCommissionerkJohnsonaacceptedetheer" • friendly amendment and no objections were voiced. Commissioner Kremer moved to add the following sentence to the fourth resolving clause: Each application and RBA involving a parcel with a market value in excess of $1,000 shall include the following; the acreage of the Property, current zoning, current use and waterfront, if any, The motion was seconded by Commissioner Robb and approved unanimously. Commissioner Robb offered a friendly amendment to the first line of the second resolving clause, after the word "conveyed" to add the words "for public use or purpose." Commissioner Johnson accepted the friendly amendment and no objections were voiced. The question was on the adoption of the resolution, as amended, and there were seven YEAS and no NAYS as follows: COUNTY OF N.ENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTI {ER Jeff Spartz Randy Johnson X Richard E. Kremer X E. F. Robb, Jr. X Sam S. Sivanich X • Nancy 01 kon X . John E. Derus, Chairman X RESOLUTION ADOPTED, ATTEST: ` erk o f t,e County Board AUG 1 0 1982 PT Form 962.RAR Minnesota D�artmeut of Revenue Staple All Correspondence Application by a Governmental Subdivision for Conveyance of Tax - Forfeited Lands for an Authorized Public Use • (Minnesota Statutes, Section 282.01, Subdivisions la through le) (Note: If the governmental subdivision has purchased the property., use PT Form 80) In Hennepin County Nanne of governmental subdivision (applicant): Mailing address of applicant: Date requested property was forfeited to the State: (month) (da)) (year) Legal description of property (include the name of the city/town in which the property is located): • Describe the intended public use to be made of the property (be specific, including statute or special law references, if relevant): State the need for the property (be specific, e.g., why this property instead of some other property ?): • Please check the appropriate box: There are one or more wells on this property 0 There are no wells on this property A Wetland. Certification Form Must Be Attached To This Application Return application to: MN Department of Revenue* Property Tax DivisioneMail Station 3340*St. Paul, MN 55146 -3340 STATE OF ) )ss. County of Hennepin ) • being first duly sworn, deposes and says that he /she is the authorized representative of the applicant named herein, that he /she has read said application and knows the contents thereof, and that' the matters stated therein are true and correct. Name Title Subscribed and sworn to before me this day of .20 Notary Public, County, Minn. My commission expires RECOMMENDATION OF COUNTY BOARD UPON APPLICATION The County Board of Hennepin County, Minnesota, through its County Auditor, Pursuant to Minnesota Statutes 282.135, and Hennepin County Resolution No. 95- 8- 556R1, has reviewed the application of the City of dated , for the conveyance for an authorized public use of certain tax - forfeited land described therein. The county board recommends that this application be: • rejected_granted _. Signature of Director of-Taxpayer Services Department/ Date (for County Board) CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax - forfeited land for conveyance for an authorized public use. Signature of County Auditor or Land Commissioner Date OFFICE OF THE COMMISSIONER OF REVENUE St. Paul, Minn., 20 Upon due consideration of this application, it is ordered that it is hereby: rejected_ granted • Commi of Revenue By City Council Agenda Item No. 7d Hennepin County Taxpayer Services ElectionsNoter Registration 612 - 348 -5151, Phone . A -600 Government Center 612 - 348 -9677, Fax 300 South 6th Street www.co.hennepin.mn.us Minneapolis,MN 55487 -0060 July 28, 2003 Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Sharon, Enclosed please find a consent of assignment of contract between the City of Brooklyn Center, Sch , scounty -owned election qu District No. 011 and Hennepin County for use of Brooklyn Center equipment ool ment b the school district P Y s ict in this fall's election. Please note that this is a three -way agreement that must be approved by all three parties. This original document must be signed and dated by the proper authority. Please forward the signed agreement to School District No. 011 for their approval and signature. They should then • mail the original document back to our office. After the County Board's approval, and when the document is finalized, we will forward a copy to you and to School District No. 011. Please note the county attorney has approved the language in the agreement so that it is standard for all jurisdictions using equipment this fall. Because it is a pre- approved standard agreement your city and the school district must approve all of the clauses and language contained within with no additional changes. If there are additional conditions you feel are needed please do so in a separate agreement between your city and the school district. Due to the complexity of this issue, our time to expedite this agreement is extremely limited. Please do whatever you can to assist us in executing this agreement. Sincerely, ,V. 0 Michelle D. DesJardin Elections Manager Enclo: Agreement No. A031071 Cc: Dave Buck, Anoka Hennepin ISD 011 • An Equal Opportunity Employer Recycled Paper • Agreement No. A031071 HENNEPIN COUNTY, ANOKA - HENNEPIN SCHOOL DISTRICT 011 & THE CITY OF BROOKLYN CENTER CONSENT OF ASSIGNMENT OF CONTRACT NO. A07910 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, the INDEPENDENT SCHOOL DISTRICT 279 AND THE CITY OF BROOKLYN CENTER, all political subdivisions of the State of Minnesota, hereinafter referred to as the "County ", the "School District" and "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487, the address of the City is 6301 Shingle Creek Parkwav, Brooklvn Center, Minnesota 55430 and the address of the School District is 11299 Hanson Blvd NW. Coon Rapids, Minnesota 55433. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99 -6 -426 authorized the purchase of election equipment (hereinafter "Election Equipment ") for a countywide optical scan voting system, election hardware and • services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer County property from the City to the School District for the School District's use; and WHEREAS, the County desires to lease Election Equipment to the School District for use at the 2003 School District general and /or special elections; and NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the County Election Equipment identified as: one (1) Model 100 Optical Scan Precinct Count Unit including two (2) PCMIA memory cards, one (1) Model 100 metal ballot box, and one (1) Model 100 cover carry • case for polling places contained within the School District. • Section 2 OWNERSHIP 2.1 The City and the School District acknowledges that the County owns the Election Equipment and that the School District is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The School District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ESS) and is protected under federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The School District shall be responsible for the Election Equipment while it is in • the possession of the School District. The School District either through insurance or a self- insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and /or replacement of the Election Equipment while this contract is in effect, consistent with the School District's defense and indemnity obligations contained in Section 5.6 herein. Section 4 TERM, TERMINATION 4.1 The City, the School District and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the School District returns the equipment to the City or December 31, 2003, whichever is sooner. Section 5 OTHER TERMS AND CONDITIONS • 5.1 No Waiver. No delay or omission by any party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with 2 • respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by any of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to any party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. None of the parties shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of all of the other parties, and any attempt to do so shall be void and of no force and effect. 5.5 THE SCHOOL DISTRICT AGREES THAT THE COUNTY IS FURNISHING THE . ELECTION EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ES &S, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S AND THE CITY'S SOLE LIABILITY AND THE SCHOOL DISTRICT'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT Q T FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County or the City be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the ossibilit f p y o such damage) or loss of profit, loss of business or any other • financial loss or any other damage arising out of performance or failure of 3 • performance of this Agreement by the County. The County, the City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the School District: Dave Buck Anoka- Hennepin School District 011 11299 Hanson Blvd NW Coon Rapids, MN 55433 To the City: Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway • Brooklyn Center, MN 55430 To the County: Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 5.8 Audit Provision. All parties agree that any party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one • of this Agreement are incorporated into and made a part hereof by this reference. 4 • 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District, the City and the County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the School District, the City and the County represent that they are duly authorized to execute this Lease Agreement on behalf of the School District, the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 5.12 For lease of the Model 100 Optical Scan Precinct County Units, the School District shall: Pay the City the amount of Twenty -five dollars ($25) per Model 100 Optical Scan Precinct Count Unit upon receipt of billing for use of the equipment; 5.14 Program Service. The County shall, without charge, provide programming services to the School District. 5.15 Transporting and Return of Equipment. The School District shall be • responsible for the transporting of the equipment from and to the City. Upon termination of this Agreement, the School District shall forthwith deliver the Election Equipment to the City or its designee, complete and in good order and working condition. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK • 5 • COUNTY BOARD APPROVAL The SCHOOL DISTRICT and the CITY, having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the _ day of , 2003 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: And: Approved as to execution Assistant/County Administrator ATTEST: Assistant County Attorney Deputy /Clerk of County Board Date: • SCHOOL DISTRICT Approved as to form B By: School District Attorney School District Date: CITY Approved as to form B By: City Attorney City Date: 6 • City Council Agenda Item No. 7e City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: August 5, 2003 SUBJECT: City Council Meeting Schedule I would request three amendments to the City Council meeting schedule. The first change would be to start the August 18 Work Session at 6:30 p.m. This is a joint meeting with the Financial Commission. A 6:00 p.m. start poses some difficulties for several of the Financial Commission Members. A 6:30 p.m. starting time would facilitate Financial Commission participation at the beginning of the Work Session with the City Council. When the City Council Retreat is established in the calendar, the times are approximate until final • arrangements are made closer to the actual date set for the Retreat. Therefore, I would request that the time be set at 8:30 a.m., rather than the 8:00 a.m. currently identified in the City Council meeting schedule. The third change would be to move the October 6 joint Work Session with the Financial Commission to October 20 at 6:30 p.m. I will be on vacation September 22 through October 3, and it would facilitate preparation for the Work Session if it could be moved to October 20. The extra time will also allow us to have a better compilation of materials. The information coming from the State of Minnesota is appearing to be even less timely than it was last year for final numbers. 0 1 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. 7f • MEMORANDUM DATE: August 4, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide 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 trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • • 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 declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: I . The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- CHRISTIAN KNUTSON 5200 FRANCE AVE N 226 MARK & RENEE KLICK 6023 LYNDALE AVE N 227 • CRAIG & SHERRY TATMAN 5957 LYNDALE AVE N 228 & 229 LAURA HEINZ & MICHAEL OARE 6942 MAJOR AVE N 230 ROBERT JOHNSON 380662 ND AVE N 231 KARLA & STEPHEN DYE 200055 TH AVE N 232 DOUGLAS & BRENDA LODIN 5413 MORGAN AVE N 233 JANICE BREYFOGLE 6901 LOGAN AVE N 234 KOUA VANG 6700 FRANCE AVE N 235 EUNICE & JOSEPH WITRY, JR. 6718 EWING AVE N 236 JEROME & PATRICIA HAEG 7118 JUNE AVE N 237 TERESA KNIGHT 5949 XERXES AVE N 238 ABBY BOUDREAU 5841 ZENITH AVE N 239 GERALD & MARY JO FENSTAD 6037 BROOKLYN BLVD 240 DUANE & KAREN MODROW 6706 BEARD AVE N 241 MARK & KATHY ALLEN 6036 HALIFAX PL 242 SUSAN & DANIEL WAGNER 7037 DUPONT AVE N 243 CITY OF BROOKLYN CENTER CENTRAL PARK 244 CITY OF BROOKLYN CENTER ORCHARD PARK 245 DA PORN & XENG SUE YANG 6845 BRYANT AVE N 246 LONNEY & JOANNE ECKENRODE 6844 COLFAX AVE N 247 TIMOTHY THOMPSON 5945 CAMDEN AVE N 248 TIMOTHY & CATHERINE LAMERE 121058 TH AVE N 249 DER & SUA VANG 6325 INDIANA AVE N 250 HAROLD & ERMA LONG 6912 NEWTON AVE N 251 OPAL RAMIN 5225 TWIN LAKE BLVD EAST 252 CRAIG NIERODE 5113 EWING AVE N 253 NATHANIEL GEORGE & CHERI DEE- GEORGE 5508 DUPONT AVE N 254 & 272 • SCOTT SYLTE & DIANA ESPINOSA 5300 NEWTON AVE N 255 GLENN & AUBRY COLEMAN 5631 HILLSVIEW RD 256 DANIEL GONZALES & CARMEN PEREZ 120857 T ' AVE N 257 RESOLUTION NO. • TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- DALE CERNOHLAVEK & SHANNON BACON 2700 O'HENRY RD 258 RICHARD HOFFMAN 340966 T ' AVE N 259 MOHAMED MOHAMED 5508 FREMONT AVE N 260 ROBERT & RANELLE BROWN 5319 KNOX AVE N 261 JOEL & JENNIFER KLINGENSMITH 5325 KNOX AVE N 262 MILDRED MEAD 5350 KNOX AVE N 263 CAROL POTTER 5433 KNOX AVE N 264 MELVIN & DOROTHY TUOMI 5606 JUDY LANE 265, 266 & 267 TODD DESCHEPPER 6122 COLFAX AVE N 268 WILLIAM & LYDIA SAVOREN 5532 DUPONT AVE N 269 RICHARD RAHN 5518 DUPONT AVE N 270, 271 & 272 ERIC MEYER 6443 JUNE AVE N 274 OLUFEMI OLAGBAJU 6225 NOBLE AVE N 275 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 City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7g i • MEMORANDUM DATE: August 11, 2003 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works �A13 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2003 -13, for 2003 Street Sealcoat Bid Results Bids for the 2003 Street Sealcoat contract were received and opened on August 11, 2003. The bidding results are tabulated as follows: Bidder Bid Amount Allied Blacktop Company $ 99,654.74 Pearson Bros. Inc. $ 106,888.95 • Of the two (2) bids received, the lowest bid of $99,654.74 was submitted by Allied Blacktop Company of Maple Grove, Minnesota. The Engineer's Estimate for the project was $108,904.90. The low bid is $9,250.16 below the Engineer's estimate and $7,234.21 below the next lowest bidder, which is indicative of a competitive bidding environment. The attached project map identifies the roadways included in the 2003 Street Sealcoat project. Humboldt Avenue and 69 "' Avenue North were removed from the project area during the bidding process. Based on unit bid prices for the lowest bidder, the addition of Humboldt Avenue and 69 Avenue North to the 2003 project would increase the contract amount by approximately $27,400. Funding for this project in the amount of $90,000 was included in the 2003 Budget under Public Works Street Maintenance (43220- 6530). The project area can be further reduced to lower the final project cost in order to meet the current budget. However, City staff recommends that the full project amount be awarded and completed this year (excluding Humboldt and 69 Avenues) based on the information provided below. Five Year Projected Cost Table 1 below provides a summary of the future sealcoat work that is scheduled for the annual street and utility reconstruction projects. The schedule was developed in order to maintain a 7 -year maintenance cycle for sealcoat application. This maintenance cycle represents the time • between initial street reconstruction and first sealcoat application. The maintenance cycle should be limited to a maximum of 7 years to maximize the useful life of the street pavement. • Table 1 — Sealcoat Schedule Project Year of Scheduled Year Maintenance Name Street Construction for Sealcoat Cycle Woodbine Neighborhood 1994 2001 7 Shingle Ck Pkwy & 69 Ave 1995 2003 8 Orchard Lane East 1996 2003 7 Humboldt Avenue & 69 Ave. 1996 2004 8 Orchard Lane West 1997 2004 7 Bellvue Neighborhood 1998 2005 7 Southeast Neighborhood 1999 2005 6 Garden City Central 2000 2007 7 Garden City North 2001 2008 7 Southwest Area 2002 2009 7 Garden City South 2002 2009 7 The City of Brooklyn Center receives approximately $90,000 per year from Mn/DOT for street maintenance work on Municipal State Aid (MSA) designated streets. Table 2 provides the historical and projected costs for sealcoat work through 2007 for all streets, including MSA designated streets. • The average annual cost for the next five years is $94,420 per year. A higher annual cost is necessary for the years 2003, 2004 and 2005 in order to get the street reconstruction projects back onto a 7 -year maintenance cycle due to the high volume of streets that were constructed in 1994 through 1996, but not previously included in annual sealcoat projects. Table 2 — Annual Sealcoat Costs Quantity Est. Cost Year (LF) (in 2003 Dollars) 1998 21,220 $57,300 1999 0 $0 2000 0 $0 2001 18,400 $49,700 2002 28,266 $76,300 2003 50,460 $99,700 2004 30,350 $108,000 2005 45,618 $123,200 2006 23,226 $82,100 2007 21,900 $59,100 • Annual Ave. for 2003 to 2007 $94,420 �e i / ��h f j� n �r � �y�Y � ��� �, *t�l • w ` "" 11 ■ � � � tP � r1 ;�''�"�l� <s� J It 1 " � r! ifa i tl�l it►1� 1 9��i� � 111 in 11 : I II h li m r f 1 1 ', nnu■ uru it i { � i ,�-„� Il 1 1 - + u u [! .1 t ■tnu: nw . 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VAR Its 3 $ tz• _ I 1 ifii9 i ��� -� /� I(K _ �L Ina L:t .a a . 1 "' ��uln Inr tt ■�' L� r It ''.;w 111 1 . ,. .p nrl . t r, a -� 1 ■ _ • ro�u u'I u �„ � a'i yrr nn1/r - S iri` i =ii it f n i � ! " -•. s + �. u■t-.n nrni- �+ � � F - I 1 t ! s ;7. „ -,. ,r 1�. I im of "�' - ��- m /'tV 11 'r n_>t 1�■� 1 1 rtNt 1 u u 1 n. ' 1 =, n p ".. - S n i r »i( -- It •�" ■1 1 II�i: V "+ - ,L.O1 ''E, • so fil = �' ' 1 VIII li i ,... +. � apw _ , � �, 1 s - (III III a [ • r I � • i tr ty ' _� S s ifs/ c = 3 ,hl LZ'C -a 7 Int i11t ° ' •' z3� = 7 f1 l ee - ` " r+. � ,I � N.huE �.' 1, ..rt' r ° tlia 1 n+ t n • � � �Y.i `n t• , f , ' )♦ ■1 � se : '�::�' {i�lii atii �`-� . EK i - • Ilt iNlllt � _, t 1 ~ i n jt e; r r ,. ■nyilt n�rt• � tea =. Yil � red �: - ►� .. mrty N , • adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003 -13, 2003 STREET SEALCOAT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2003 -13, bids were received, opened, and tabulated by the City Clerk and Engineer on the 11' day of August, 2003. Said bids were as follows: Bidder Bid Amount Allied Blacktop $ 99,654.74 Pearson Brothers $ 106,888.95 WHEREAS, it appears that Allied Blacktop is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into • a contract with Allied Blacktop of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2003 -13, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The project costs shall be charged to the Street Maintenance Division. 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 A Millennium Community To: Mayor Kragness and uncil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: August 7, 2003 Re: Seal Coating The proposed seal coating for 2003 would be greater than the amount in the 2003 budget of $90,000. Mr. Blomstrom's review of the seal coating for 2003 has caused him to propose a schedule for seal coating that will average $93,000 or so per year, with some years being substantially higher and others lower. The amount of seal coating reflects different needs based on the amounts of past street projects. We have had some rather large years in the past that in turn generate larger seal coating projects. Seal Coating is planned a few years after a project has been completed to finalize the project by applying the protective coatings of the seal coating. I would recommend proceeding with the higher level of seal coating than the budget. In reviewing expenditures to date, we should be able to absorb the higher cost for the project due to deferred expenditures in other areas of Public Works. • 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 • MEMORANDUM bo- DATE: August 4, 2003 "RAPt TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2003 -13, for 2003 Street Sealcoat The City is currently soliciting construction bids for the 2003 Street Sealcoat Project. Bids will be received and opened at 11:00 a.m. on Monday, August 11, 2003. Following the bid opening, bid data will be tabulated and made available for the City Council meeting that evening. A total of four bids are anticipated from local contractors. A notice will be sent to residents within the project area prior to starting construction. The placement of aggregate and initial sweeping will be completed on August 31, 2003, and final sweeping will be completed by September 5, 2003. • Table 1 below provides a summary of the future sealcoat work that is scheduled for the annual street and utility reconstruction projects. The schedule was developed in order to maintain a 7 -year maintenance cycle for sealcoat application. This maintenance cycle represents the time between initial street reconstruction and first sealcoat application. City staff recominends that the maintenance cycle be limited to a maximum of 7 years to maximize the useful life of the pavements within the annual street construction areas. Table 1 — Sealcoat Schedule Project Year of Scheduled Year Maintenance Name Street Construction for Sealcoat Cycle Woodbine Neighborhood 1994 2001 7 Shingle Ck Pkwy & 69 Ave 1995 2003 8 Orchard Lane East 1996 2003 7 Orchard Lane West 1997 2004 7 Sellvue Neighborhood 1998 2005 7 Southeast Neighborhood 1999 2005 6 Garden City Central 2000 2007 7 Garden City North 2001 2008 7 Southwest Area 2002 2009 7 Garden City South 2002 2009 7 • • The City of Brooklyn Center receives approximately $90,000 per year from Mn/DOT for street maintenance work on Municipal State Aid (MSA) designated streets. Table 2 provides the historical and projected costs for sealcoat work through 2007 for all streets, including MSA designated streets. The average annual cost for the next five years is $94,380 per year. A higher annual cost is necessary for the years 2003 and 2005 in order to get the street reconstruction projects back onto a 7 -year maintenance cycle due to the high volume of streets that were constructed in 1994 through 1996, but not previously included in annual sealcoat projects. Table 2 — Annual Sealcoat Costs Quantity Est. Cost Year (LF) (in 2003 Dollars) 1998 21,220 $57,300 1999 0 $0 2000 0 $0 2001 18,400 $49,700 2002 28,266 $76,300 2003 50,460 $125,600 • 2004 30,350 $81,900 2005 45,618 $123,200 2006 23,226 $82,100 2007 21,900 $59,100 Annual Ave. for 2003 to 2007 $94,380 • • Member introduced the following resolution and moved its adoption: T RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003-13,2003 STREET SEALCOAT WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2003 -13, bids were received, opened, and tabulated by the City Clerk and Engineer on the I l day of August, 2003. Said bids were as follows: Bidder Bid Amount Allied Blacktop $ to be provided at City Council meeting Pearson Brothers $ to be provided at City Council meeting Astech Asphalt Surfaces Tech. $ to be provided at City Council meeting Bituminous Roadways $ to be provided at City Council meeting WHEREAS, it appears that is the lowest responsible bidder. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with of , Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2003 -13, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized an directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The project costs shall be charged to the Street Maintenance Division. 0 • RESOLUTION NO. 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. • 1� a,F s,� �� � fai ;� • HIM �I i!,[P ■nun °" II 1 11 �� . u „� iiiil i u/ 1 m rN, m .� L • _ t = Lu E'il un, • w I" , plti II 1 ntllu ■,iia knn- �Ir nu � • S r , kI �` i'tlld "/ � '�'' 4iyli�t 1 t / m m i w u .nw � »n � Houk uu a tl r' 1 • j} I i nt i uur' t t Inn - 1 1 n\o ,y�,y��.. 1•- rS%1 {.° • k ii' I � I1 III III . �IIIIF � I IIt Ifi1 111!1 I�flllf I I II r ' , j � • I IIIIIEIIItIit nlr � t k1 1\ � r • /�� � i I 1 11 I I t11r- 11 I.j II\ Iltllii . riR ,q ], "'"' tl 1 "' t1 t 1] i 1 �Y �1 '� ri ti, / 1 11 1 r ■ It, 1 1 t \UII 111 1,1 t.t III�1 &.,.,, • i, I tt /. ■�i�iFil c 1 it + II . � 11 II II VIII . � + nr.1 r11II r 1. 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A rr� _ �1 tit n '/ a,.•. � i,�.,,,�. � '' �: It � ` I • .a ler, in E / [ r t � nw Ink n ■ .� ! � ' t ' Ullt •� f 111 UII O. A\ .?y1d■ Ind », ref �{ n i w � u l L �1, n s ht ,Yn 1+ mr.•r 1 F r...m..� iii , • I � :: , Ii a IIu u . r .' I �� ] r _ 7Y d ar ■ L.L -. ulaa 7 ti I■r I��` Ittr111 • 1 ., -s tt .� � r '11 s � � ru ir •nl's � '�' Iiiil 1 � r+' r e ^� F lt l ,r. t { JI `.'" ] E � s. eI'� i .3 r � � VIII Q! R [ • 1 it E i 1 � r pkt 'jt ■■ � [ �Ii/� ■■ r�IIIf =' �Z � e'SiC12~,�'� S�:=1"l�ti I ?JI h n ritm ■ tit , a kY7. � . Y � € � n n�r� 1. Irtt 1 »,11 ... tt:�� ` ' � ■Yi f�� t v � ��� ,� �1 E. p. ^.'. ';�IiE Iylil nFE` j �. • v ` � � i �ftit' JII :r I I— il .,.. p �= I �• i 111 1. !'7� I /t tl ❑ illi s Y SIB sk i ; rs r 1 1 City Council Agenda Item No. 7h • MEMORANDUM DATE: August 5, 2003 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works 1' SUBJECT: Resolution Approving Final Plat, ONEILLS ESTATES On May 27, 2003 the City Council approved Planning Commission Application No. 2003 -005, Preliminary Plat for ONEILLS ADDITION, subject to the conditions recommended by the Planning Commission. KPM Properties, Inc. is now seeking Final Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The title for the Final Plat for this property has been changed to ONEILLS ESTATES. It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, ONEILLS ESTATES WHEREAS, The City Council on May 27, 2003 approved a Preliminary Plat for ONEILLS ESTATES to divide the existing property located at 5024 France Avenue North, and WHEREAS, KMP Properties, Inc. has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for ONEILLS ESTATES is hereby approved, subject to the following conditions: I. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. • 4. Prior to release of the final plat, the applicant shall either have made application for a building permit to construct a single family home on the proposed Lot 1 or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year following the filing of the final plat. 5. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 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. 0 • TMa'.:�:A21 T, ONEILLS ESTATE C.R.DOC.NO, - - _ — _ — _J 33 JS I KNOW All. lEM BY THESE PRESENTS TMI IPM Prop.tlea L1c. a Lironeola cerpaplfea error a Iles lobes' deeco�bed 1_ to s c °9 Pop.ty dbalad F tM Cainly of IbnNpF, 1lvwwl0. TM Eo.t 133.03 het of the W.st 1831)3 feat of th. R.M 150.00 loot of tlw Sent! 48,00 loot or Nafftost puler of SooB oot I .II y. .bTRI Iw poet. or tM Nwlheoat ps1. of 5.ctioo 10. T—n.hip 118. Rm 21. :: .: •�.�� $ I vaned I� � E� i YEjr6 wA Nr I/e.a �K Vi�sF�G.lro M. —oo to M ­oYoot I �: ,•: -�, .••. E.i1 1 '� i - n /p tralag0. uliptY aid sidewalk p. oM pbllsd w ONELLS ESTATE and dove boob denote aM dedcae to t Y M plAFC lo, pubYp we Ipev. Me ewemoMs :• _. •.. tI,M1tlMI' - L� i -- Dmae m —o on IM Pot — \SBB °l7'2$ "E 1 33.10_____ . i..; F Ito— —of c w KPM R ertiee FL Me ored to bo by its a9iM Poper ofr py Me fel he hard my of 200— 11r'e W �1 1 Ie3. y 3p 1 ORAeuaE I ■ � V1E —EioA1 pa vet. Yyere o.ner. itPLl Properu.. Fc - ZI C4 y 61 C St— of —of. cw�t of 1 I B 0 74 TM r.egoky Fe wm aaao.>na bold. a. Ihis _ day or Myo,A o.ar or RPM v. �a 52.47 ! m behdl of ado carppdka 200__, by pet. ep.Bea Fc.. a MFnewle earP.Ue. Bas9 c 1 .. f Nm•m zs ^w sxra•3s ^w % . I 1 yb o G 4!t.cyp c°'^t w�.,eeoia by 4I � z i v m y 3b 1 b.ebY wrtlf Mot 1 Moo a oyot .ie plotted 0n IoM d Ibod m this plat m 0L 1-5 ESTATE: Wt tM plot is t re ooldim of add _,y; ey; 3 � _, oat a Apt— .e CarecSy sMwn m said pot in rest oo 1 b Rbo of a loon IMI a mmmenla Moo Men .Fr ­t et Y I X= r erd tM1 IM auhida bpaM.iss .o canac8y ds.i .Iw m ado pot, aM Mal M.a .a m wteaa. m darFsd F W • A5.02ZSbd. n I b M dasigrolof . pubto ( G l 1 ___a NUNA4L U1LRY ! sEEWALK EASEIUrt , hV ys to M Boob oo ed 1. " N88.1725 "A 133.10 Prauh Lkaiwad LeM 5weyp I ,��••. 1 - AEQ w( nwnr�rF[Twm Ykvweola Re9lehaim No. 24992 1 i .AI Ar v.. v.. ro -- - - - - -4 v 3B I slot. or 1r.waato ( f C000 y or W000po TM r.sgpia vv.Ya's eertirxata rm adra.ledyed bo— m. tNe _ day of 200_ X� by Gegay R. M1oerJO, Lkeroed Led Swey.. I R6 Tb.ne Prasde Nel.y PmEC, Y. t6vweta l YY My Cpade(ar, Espies Josvy 31 005 i SCALE N FEET BROdEYN CENTER. LMlE50TA >a 1a 1wiNl a 21 lbb plot or O US ESTATE A ggo—t . oo by xa City Caul of Me City of Brooby. Coot_ Mkwneta o, e regb rneatFq Ib.wl bolo 0 30 5o 90 fhb day of - . 2 00_ -- N m too"'A IM -'t— oem.elll atl r.cwmyrydy,y of 1M CemNe — of Traw boboo o,, IM Canty 1WaoY EoRt,. boot Mao rote by tM My p Me pre, M ,oy period hw elmaed v111vA r_.yt of wldo eonrnmla otl rxamwMOtbm, a PovMsd by IFsasoto StaMe0. Se h clin 505.03, bion 2 My COIAwf. C< BR00m_YN CENTER MMESOTA ASSt Br "A,- . By Maie9er 5 FIASED TION OF TILS WO BA SYSTEM By OEN3wE5 WON MO/EILENT SET 6 BASE dl AN AED BA56 Arq MARNm RLS Na 24992 TAVAYER SERVCES O ARTLENT O TES WCN MOMAE7IT 104AR) 1 Bat lM tm.e payobb io _aid Plpr Yo.o M1y Men paid f. brtl b Rbod F the plat. 0alad Mk __ dry of Rdrkk N 0• Cantor, Hoo ^vlm Canty Aodt. By Oepuly P.eued to Il ob,oto Staates See 388585 ( 1989) Bie plot Ma been .proved INS __ day of tb V M'pt 61311, NunepF cantY Livwwto LOT SURVE COMPANY /AC. wis. P. q­ Ibnmin Camly S ..Yo, By YS LAAD SINVEYORS Ci_tTy RECORDER ---* e Coo�t LA,.weeh 1 MrebY ..lily Mai tM Willie plot or ONELLS ESTATE .m receded F tbb arfke Mis _ day of 200__ at _o'coek Yfchad N Clvoifl, Lkrwepi. C y Recp BY ft Pdy City Council Agenda Item No. 8a • MEMORANDUM DATE: August 4, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: An Ordinance Vacating a Portion of Street Right of Way: Shingle Creek Parkway South of 69 Avenue North The City of Brooklyn Center has received a request from The Wirth Companies to vacate a portion of street right -of -way on the east side of Shingle Creek Parkway to the south of 69 Avenue North. The subject area for vacation includes the easterly portion of street right -of -way that was formerly used for a section of roadway before Shingle Creek Parkway was relocated to the current alignment during reconstruction in 1994. Information related to the proposed vacation was forwarded to Xcel Energy, the owner of the overhead utility lines that cross over this portion of street right -of -way. Xcel Energy has requested additional time to review the issue in relation to an existing easement that did not appear on the preliminary plat. In addition, minor adjustments to the boundary of the right-of- way vacation are anticipated based on City staff review comments for the preliminary plat. City staff recommends that the proposed ordinance be tabled until the August 25, 2003 City Council meeting to allow additional time to resolve easement issues with Xcel Energy and complete minor adjustments to the boundary of the right -of -way vacation. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 11th day f August, 2003, at 7 Y .m. g p or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating certain public street right of way on Shingle Creek Parkway south of 69' Avenue North. 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 VACATING A PORTION OF STREET RIGHT OF WAY: SHINGLE CREEK PARKWAY SOUTH OF 69TH AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The northerly and easterly portions of Shingle Creek Parkway right -of- way extending 650 feet south of 69 Avenue North is hereby vacated as a public street; provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. The area of street right -of -way to be vacated is further described as all those • parts of the northeast quarter of the northeast quarter of Section 34, Township 199, Range 21, according to the government surveys thereof, and Shingle Creek Parkway as dedicated in the plats of Twin Cities Interchange Park and Earle Brown Farm Townhomes, Hennepin County, Minnesota, lying northeasterly of the northeasterly right of way line of Shingle Creek Parkway, as now layed out and traveled and northeasterly of Lot 29, Block 1, said Earle Brown Farm Townhomes and southeasterly of the southeasterly right of way line of 69"' Avenue North (formerly HCSAH No. 130, Plat 27) as now layed out and traveled and southwesterly of Tract D and Tract K of Registered Land Survey No 1499, Hennepin County, Minnesota. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication • Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • Vacation Sketch fO � � ;'', ��� �R_ -� — WI RTH COMPANIES ,1 �•$ � ' 615 2nd Avenue South Minneapolis, MN 55402 Drawing File. 2002 - 525- 721.DWG ^ T f \ / Project No. 2002 -525 -L ®/ L9 •® PROPOSED VACATION DESCRIPTION MMM u u All those parts of the Northeast Quarter of the Northeast +{ 1 / I \ . L _ . `.. 1 V �/ . / 14 1 — ..� Quarter of Section 34, Township 119, Range 21, and s• "u s` • $� "f t Government Lot i of Section 35, Township 119, Range 21, '- according to the government surveys thereof, and Shingle 2 4 Creek Parkway as dedicated In the plats of TWIN CITIES f r C- - [) I\ 1h A C_ n I— /I /1 T 'I INTERCHANGE PARK and EARLE BROWN FARM TOWNHOMES, C. \ 7 U V \ 1 N I V I L_ I N 1 L_ V I I Hennepin County. Minnesota, lying northeasterly of the 3 �Y�/ \ �,, ��� northeasterly right of way line of Shingle Creek Parkway, as now la out and traveled and northeasterly of Lot 29, r Block 1, . &1 sold RLE BROWN FARM TOWNHOMES and J" I I f' /\ T I /l h I ; southeasterly of the southeasterly right of way line of 69th 4 .I Avenue North (formerly HCSAH No. 130, Plat 27) as now toyed out and traveled and southwesterly of Tract D and / Tract of REGISTERED LAND SURVEY NO 1499, Hennepin � County. G 'f14 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that om a duty Licensed Land Surveyor under the laws of 1 the State of Mi a. S� J �.,> I \ r_\ v T / L^J Kurt M. Kisch, MN License No. 23968 July 16, 2003 Data NORTH 4- \ 1 1� %.G � . / Duluth. ICI / �-� / i • // 7/ Ham Lake, MN /tJ T `1 (r J'/ \ \ \ / Hibbing, MN 0 60 Minnetonka, MN r I Phone: (952) 933 -0972 I (J/ / l• \� 952) 9 33-11 53 ww (wn.rlk- kuuelato.co sto.com �� / 6110 Blue Circle Dr.- Suite /100• Minnetonka, MN 55343 • City Council Agenda Item No. 8b • MEMORANDUM DATE: August 4, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: An Ordinance Vacating a Portion of Utility Easement Along Garden City Elementary School, Osseo School District No. 279 The City of Brooklyn Center has received a request from Osseo School District No. 279 to vacate a portion of storm sewer easement along the west side of the Garden City Elementary School building. The reason stated for this request is to provide for the expansion of the existing school building in accordance with the approved site plan. The portion of the easement to be vacated consists of approximately 50 square feet of area along the eastern side of the easement as shown on the attached figure. Consistent with the City Charter, this item was first read on July 14, 2003, published in the official newspaper on July 24, 2003, and is presented for the second reading and public hearing by the City Council. Staff recommends approval of the ordinance. • • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing Y g p will be held on the 11th day of August, 2003, 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 vacating certain public street right of way on Shingle Creek Parkway at 69' Avenue North. 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 VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. A portion of utility easement Document No. 573712 within RLS No. 803, Tract A is hereby vacated as an easement. The area of utility easement to be vacated is further described as: That part of storm sewer easement recorded as Document No. 573712 which lies northerly and easterly of the following described line: Commencing at the southeast corner of Tract A, Registered Land Survey No. 803, Files of • Registrar of Titles, Hennepin County, Minnesota; thence South 89 degrees 57 minutes 54 seconds West, along the south line of said Tract A, a distance of 270.22 feet; thence North 0 degrees 03 minutes 14 seconds West a distance of 63.17 feet to the point of beginning of line to be described; thence South 89 degrees 56 minutes 46 seconds West a distance of 50.00 feet; thence North 0 degrees 03 minutes 14 seconds West to the easterly line of said storm sewer easement and there said line terminates. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2003. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeouts indicate matter to be deleted, underline indicates new matter.) Easement Release Sketch For: Q ARMSTRONG, TORSETH, SKOLD 8c RYDEEN w CN EASEMENT RELEASE w in i That port of storm sewer easement recorded as Document No. 573712 which lies northerly and I I easterly of the following described line: a 2 I Commencing t the southeast corner of Tract A, REGISTERED LAND SURVEY NO. 803, Files of a I Registrar of Titles, Hennepin County, Minnesota; thence South 89 degrees 57 minutes 54 seconds E I West, along the south line of said Tract A, a distance of 270.22 feet, thence North 0 degrees 03 a t I minutes 14 seconds West o distance of 63.17 feet to the point of beginning of line to be cif p I I described; thence South 89. degrees 56 minutes 46 seconds West o distance of 50.00 feet; thence North 0 degrees 03 minutes 14 seconds West to the easterly line of said storm sewer easement I I I and there said line terminates. I.. I -,., W ........ -Easterly line of storm sewer easement "- I o M n N 8 1 Portion of easement " .� { to be released N0973 14 . — ' S89 "W 50.00 p cn I I i hereby certify that this sketch was prepared by me I 1 5 � or under my direction and that I am o dui icensed 1 I Land Surveyor under the taws of the St{lM }� lrrrygsoto. I 1 I 3 Dated this 26th day of June, 2003. �P••'' ••.G����� I REHDER do ASSOCIATES, INC. �` LICENSED I LAND = I I SURVEYOR 42618 ;•�� I I I Minnesota C nnesotaLicense L and No. 4261 Surv eyor ''9 ��OF" O � I I ����r� t viii► I ••••• , S89e5754 "W 270.22 ..... J Rehder and Associates, Inc. - '• - ••South line of Tract A, Southeast corner of •••••- -'•• - C IVI L ENGINEERS AND LAND SURVEYORS RLS No. 803 Tract A, RLS No. 803 3440 Federal Orlve • Sbite 240 Eagan. Minnesota Phone (051) 452 -5051 1 i I � i City Council Agenda Item No. 8c • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of August, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapters_ 11 and 23 relating to liquor licensing and general licensing regulations. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -103 is amended as follows: Section 11 -103. APPLICATIONS FOR LICENSE. Subdivision 1. Every application for a license to sell beer shall be made on a form supplied • by the City. It shall be unlawful to make any false statement in an application. Applications shall be filed with the [chief of police] Citv Manager's designee. Subdivision 2. Every application shall be referred to the [chief of police] Citv Manager's designee. The [chief of police or his/her designee] Citv Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. A[n] non - refundable investigation fee as set by city council resolution shall accompany each application. [The chief of police shall estimate the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeds the minimum but which remains unused after completion of the investigation shall be returned to the applicant.] A re- investigation fee as set by city council resolution shall be applied when a change in management or ownership occurs. Subdivision 3. Every "on -sale" application shall be [referred to the director of planning and inspection as to] reviewed to determine whether the proposed licensed premises meets the requirements of the zoning ordinance and building code. Subdivision 4. "Temporary on- sale" applications shall be submitted to the [chief of police] Citv Manager's designee a minimum of thirty calendar days in advance of the proposed event. • There is no investigation fee to apply for this license. ORDINANCE NO. • Subdivision 5. Application for the renewal of an existiniz license shall be made b v November 1. If in the iudL-ment of the city council, good and sufficient reason is shown by the applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. Section 2. City Code Section 11 -104 subdivisions 1 and 2 are amended as follows: Section 11 -104. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale or off - sale 3.2 percent malt liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly 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. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manaeer's designee any of the following proofs: a. A certificate that there is in effect an annual aggregate insurance policy for dram • shop insurance of not less than $300,000 per policy year; or b. A bond of a surety company with minimum coverages as a provided in clause p Y S p (), o r C. A certificate of the state treasurer that the licensee has deposited with him $300,000 in case or securities which may legally be purchased b savings banks or for trust funds having g Y p Y g a market value of $300,000. Section 3. City Code Section 11 -105 subdivision 1 is amended as follows: Section 11 -105. LICENSE FEES. Subdivision 1. [Each application for a license shall be accompanied by a receipt from the chief of police for payment in full of the required fee for the license.] A non - refundable mvesti2ation fee as set by city council resolution must be paid in full before an aDnlicati n - o for a new license is accepted. The initial license fee shall be raid in full, with cash, or a certified or cashier's check, before the license is issued._ Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be aid into the general fund of the municipality. A late p g renewal charize as set by city council resolution will be applied to renewal applications submitted after November 1. [Upon rejection of any application for a license, the City shall refund the amount paid.] • Section 4. City Code Section 11 -106 subdivision 1 is amended as follows: I I ORDINANCE NO. • Subdivision 1. The city council shall cause to be investigated all facts set out in the application. [Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the city council shall grant or refuse the application at its discretion.] Section 5. City Code Section 11 -404 is amended as follows: Section 11 -404. PREMISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the commissioner of public safety, his designated agents, and duly authorized peace officers of the City. Refusal to permit such inspections shall be a violation of this ordinance. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the [chief of police] Citv Manager's designee with such indicia of membership to be used only for the purposes set forth in this Section 11 -404. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of the license. Section 6. City Code Section 11 -407 subdivisions 1 and 2 are amended as follows: Section 11 -407. LIABILITY INSURANCE. • Subdivision 1. Insurance Required. At the time of filing an application for any annual or one day set -up license, the applicant shall file with the [chief of police] Citv Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly 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. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] Citv Manager's designee any of the following proofs: Section 7. City Code Section 11 -501 paragraph 10 is amended as follows: Section 11 -501. DEFINITION OF TERMS. 10. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] CL Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained for a limited period of time under certain conditions. Section S. City Code Section 11 -503 and paragraph 9 are amended as follows: • ORDINANCE NO. • Section 11 -503. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 9. Such other information as the [chief of police] City Manager's designee shall require. Section 9. City Code Section 11 -506 paragraphs 2 and 7 are amended as follows: Section 11 -506. LICENSE FEES. 2. A non - refundable investigation fee as set by city council resolution must be paid in full before an 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 [application for a] license is [accepted] issued Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full [by December 15 preceding each license year] at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. • 7. An investigation shall be made of the application for an "on -sale club" license, however no fee shall be charged for the investigation. The club shall, however, notify the [chief of police] City Manager's designee within 30 days of any change of manager or officers of the club and submit a personal information form on the new individual(s). Section 10. City Code Section 11 -507 is amended as follows: Section 11 -507. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee, and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including 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 Department of Public Safety on the applicant. The [chief of police] City Manager's designee 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. City Code Section 11 -510 paragraphs 14,15 and 18 are amended as follows: Section 11 -510. CONDITIONS OF LICENSE. , • ORDINANCE NO. • 14. Changes in the management, officers, or directors of the club shall be submitted to the [chief of police] Citv Manager's designee within 30 days after such changes are made. [15. At the time of license renewal, the manager, officers, and directors of the club shall state the nature and amount of any contributions made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made, and the person or organization for whom intended. This shall be done for the individuals and the club itself.] 18. Every licensed premises which requires a passcard, password, or passkey or other indicia of membership as a condition of entrance thereto, shall provide the [chief of police] City Manager's designee with such indicia of membership to be used only for the purposes set forth in this ordinance. Section 12. City Code Section 11 -511 paragraph 2 is amended as follows: Section 11 -511. HOURS OF OPERATION. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and 1 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] Citv Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. • Section 13. City Code Section 11 -513 subdivisions 1 and 2 are amended as follows: Section 11 -513. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for an on -sale club license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly 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 to the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] Citv Manager's designee any of the following proofs: Section 14. City Code Section 11 -601 paragraph 12 is amended as follows: Section 11 -601. DEFINITION OF TERMS. 12. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not • ORDINANCE NO. • be included unless specifically listed on the license or special permission in writing is obtained for a limited period of time under certain conditions. Section 15. City Code Section 11 -604 paragraphs 4, 5, and 14 are amended as follows: Section 11 -604. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] Citv Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 4. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 [above] of this section. A managing partner, or partners shall be designated. The interest of each partner in the business shall be disclosed. A true 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 Chapter 333, Minnesota Statutes, a copy of such certificate certified by the clerk of district court shall be attached to the application. 5. If the applicant is a corporation or other organization and is applying for an "on -sale wine" license, the following: d. The application shall contain a list of all persons, who, singly or together • with their spouse, or a parent, brother, sister of child of either of them, own or control an interest in said corporation or association in excess of 5% [or who are officers or directors of said corporation or association] together with their addresses and all information as is required of a single applicant in Subsection 3 [above] of this section. 14. Such other information as the [chief of police] City Manager's designee shall require. Section 16. City Code Section 11 -605 is amended as follows: Section 11 -605. RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale wine" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the [chief of police] Citv Manager's designee a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. • Section 17. City Code Section 11 -607 paragraphs 2, 7 and 8 are amended as follows: ORDINANCE NO. • Section 11 -607. LICENSE FEES. 2. A non - refundable investigation fee as set by city council resolution must be raid in full before an 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 [application for a] license is [accepted] issued Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be annlied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. [7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, the amount of which is set by city council resolution.] 8. At any time that an additional investigation is required because of a 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 investigation fee [as set forth in Subdivision 7 of this section]. The investigation fee shall accompany the application. • Section 18. City Code Section 11 -608 is amended as follows: Section 11 -608. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including 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 Department of Public Safety on the applicant. The [chief of police] City Manager's designee 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 19. City Code Section 11 -611 paragraph 14 is amended and paragraph 15 is deleted as follows: Section 11 -611. CONDITIONS OF LICENSE. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws, or partnership agreement, as the case may be, shall be submitted to the [chief of police] City Manager's designee within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the [chief of police] City Manager's designee when a person not listed in the application acquires an interest which, together with that of his spouse, parent, • i ORDINANCE NO. brother, sister, or child, exceeds 5 %, and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -604, Subdivision 3, of this ordinance. [15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended.] Section 20. City Code Section 11 -614 subdivisions 1 and 2 are amended as follows: Section 11 -614. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale intoxicating liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly 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. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] Citv Manager's designee any of the following • proofs: Section 21. City Code Section 11 -701 paragraph 11 is amended as follows: Section 11 -701. DEFINITION OF TERMS. 11. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained pursuant to Section 11 -702, paragraph 3[i]i for a limited period of time under certain conditions. Section 22. City Code Section 11 -702 paragraphs 3d, e, g, and j are amended as follows: Section 11 -702. LICENSE REQUIRED. 3. The following are the types of "on -sale liquor" licenses [which] that can be issued under this section: d. On -Sale Class D Liquor License: This is a probationary license for new applicants who have not established a ratio between food and liquor for the licensed premises. Twelve months of documentation of food and liquor sales shall be presented to the [chief of police] City Manager's designee on or before renewal time to determine the appropriate license class for the following year. • If such documentation is not available, the probationary license shall be extended for no more than ORDINANCE NO. • one additional year. Otherwise, a Class A, B, or C license will be assigned based on established ratio. e. On -Sale Class E Liquor License: This license is available only to hotels which serve food and liquor in a dining room to guests. Applicants for Class E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served with the liquor dispensed. The city council will 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 [chief of police] 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 may 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 Code. Class E licensees may serve liquor on Sunday subject to the provisions of this Code without a separate Sunday on -sale liquor license. g. Sunday On -Sale Liquor License: Establishments to which "on -sale liquor" licenses have been issued may file an application with the [chief of police] City Manager's designee to serve intoxicating liquor during set hours on Sundays in conjunction with the sale of food. j. Special Provision; Expansion of Premises for Special Events: Special permission may be granted either by the City Council or in writing signed by [both] the [chief of police] :� • Manager's desianee [and the director of plaiuzing and inspection] for a temporary expansion of the licensed premises for wedding receptions, parties, promotional activities or other special events. Special permits may be issued 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 [chief of police] City Manager's designee on a form provided by the City and all information requested by the [chief of police] City Manager's designee shall be submitted therewith. Section 23. City Code Section 11 -704 paragraph 14 is amended as follows: Section 11 -704. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 14. Such other information as the [chief of police] City Manager's designee shall require. Section 24. City Code Section 11 -705 is amended as follows: Section 11 -705, RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this • ordinance are complied with, grant the application. ORDINANCE NO. • At the earliest practicable time after application is made for a renewal of an "on -sale liquor" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the [chief of police] City Manager's designee a statement prepared by a certified public accountant that shows the total gross sales, the total food sales for consumption on the premises, and the total food sales of the restaurant for the twelve -month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. Section 25. City Code Section 11 -707, ara ra hs 2 7 and 8 are amended as follows: P g P 2. A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. The initial license fee shall be paid in full with cash, or certified or cashier's check, before the [application for a] license is [accepted] issued Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. [Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant.] All "temporary on —sale liquor" licenses shall be good only for the dates, times, and location specifically named on the license itself. • [7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable.] 8. At any time that an additional investigation is required because of a 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 investigation fee as set by city council resolution [as set forth in subdivision 7 of this section]. The investigation fee shall accompany the application. Section 26. City Code Section 11 -708 is amended as follows: Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including 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 Department of Public Safety on the applicant. The [chief of police] City Manager's designee shall cause to be made such investigation of the information requested in this ordinance 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. ORDINANCE NO. • Section 27. City Code Section 11 -711 paragraphs 14 and 15 are amended as follows: Section 11 -711. CONDITIONS OF LICENSE. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the case may be, shall be submitted to the [chief of police] City Manacer's designee within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the [chief of police] City Manager's designee when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds 5 %, and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -604, Subdivision 3, of this ordinance. [ 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended.] Section 28. City Code Section 11 -714 subdivisions 1 and 2 are amended as follows: Section 11 -714. LIABILITY INSURANCE. • Subdivision 1. Insurance Required. At the time of filing an application for any on -sale intoxicating liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly 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. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 29. City Code Section 23 -604 subdivisions 1 and 3 are amended as follows: Section 23 -604. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the [chief of police] City Manaver's desicnee. The application must be in a form and request information of the applicant as determined by the [chief of police] City Manager's designee. Subdivision 3. Fees: A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. [The application must be accompanied by the required license fee and the established fee for investigation.] The initial • license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. ORDINANCE NO. • Renewal license fees shall be paid in full at the time of application for renewal. The annual license fee [, but not the investigation fee,] will be returned to the applicant if the application is rejected or denied. The investigation fee may be paid with a personal check. Section 30. City Code Section 23 -607 subdivision 1 is amended as follows: Section 23 -607. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed pawnbroker license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The [chief of police] Citv Manager's designee shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The [chief of police] City Manager's designee must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Section 31. City Code Section 23 -608 is amended as follows: Section 23 -608. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -625, the application for a new or renewed pawnbroker license. A license will • not be effective unless the application fee and bond have been filed with the [chief of police] City Manager's designee. Section 32. City Code Section 23 -655 subdivisions 1 and 3 are amended as follows: Section 23 -655. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the [chief of police] Citv Manager's designee. The application must be in a form and request information of the applicant as determined by the [chief of police] Citv Manager's designee. Subdivision 3. Fees: A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted., [The application must be accompanied by the required license fee and the established fee for investigation.] The initial license fee shall be paid in full with cash, or certified or cashier's check. before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The annual license fee [, but not the investigation fee,] will be returned to the applicant if the application is rejected or denied. The investigation fee may be paid with a personal check. Section 33. City Code Section 23 -658 subdivision 1 is amended as follows: Section 23 -658. INVESTIGATIONS. • ORDINANCE NO. Subdivision 1. Conduct: The City, prior to rantin • Y� P granting of an initial or renewed secondhand goods dealer license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The [chief of police] City Manager's desip-nee shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The [chief of police] City Manager's designee must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Section 34. City Code Section 23 -659 is amended as follows: Section 23 -659. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -673, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the [chief of police] Citv Manager's desiianee. Section 35. City Code Section 23 -1101 is amended as follows: Section 23 -1101. PERMIT REQUIRED. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the [chief of police] • City Manazer's designee of the City of Brooklyn Center. Section 36. City Code Section 23 -1102 paragraphs A.12 and B are amended as follows: Section 23 -1102. APPLICATIONS. A person seeking'issuance of a parade permit shall file an application with the [chief of police] City Manager's desienee on forms provided by such officer within not less than twenty days nor more than sixty days before the date upon which it is proposed to conduct the parade. A.12. Any additional information which the [chief of police] Citv Manager's desig_ nee shall find reasonably necessary to a fair determination as to whether a permit should be issued. B. Late Applications. The [chief of police] Citv Ma=ter's designee, where good cause is shown therefore, shall have authority to consider any application which is filed not less than ten days before the date such parade is proposed to be conducted. On applications by school officials, the [chief of police] Citv Manager's desienee may grant a permit if the application is made three days prior to the date of such parade. Section 37. City Code Section 23 -1103 is amended as follows: Section 23 -1103. ST FOR OR ISSUANCE. The [chief of police] City Manner's designee shall issue a permit when, from a consideration of the application and such other information as is available to him, he finds as follows: • ORDINANCE NO. • Section 38. City Code Section 23 -1104 is amended as follows: Section 23 -1104. NOTICE OF REJECTION. The [chief of police] Citv Manager's designee shall act upon the application for a parade permit within three days after the filing thereof. If the [chief of police] Citv Manager's designee disapproves the application, he shall immediately mail to the applicant a notice of his actions stating the reasons for the denial of the permit. Section 39. City Code Section 23 -1106 is amended as follows: Section 23 -1106. ALTERNATIVE PERMIT. [chief of police] City Manager's designee, in denying an application for a private permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the [chief of police] Citv Manager's designee, file a written acceptance with the [chief of police] City Manager's designee. Section 40. City Code Section 23 -1107 is amended as follows: Section 23 -1107. NOTICE OF OTHER OFFICIALS. Immediately upon the issuance of a parade permit, the [chief of police] Citv Manager's designee shall send a copy thereof to the City Manager, Fire Marshal, Public Works Director, Police Chief and to the director or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the • route of the proposed parade. Section 41. City Code Section 23 -1108 paragraph F is amended as follows: Section 23 -1108. EACH PERMIT SHALL STATE THE FOLLOWING INFORMATION: F. Such other information as the [chief of police] Citv Manager's designee shall deem necessary. Section 42. City Code Section 23 -1109 paragraph C is amended as follows: Section 23 -1109. PUBLIC CONDUCT DURING PARADES. C. Parking on Parade Route. The [chief of police] Citv Manager's designee shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles along the route of the parade in areas contiguous thereto. The [chief of police] Citv Manager's designee shall post signs to such effect, and it shall be unlawful for any person to park or leave any vehicle unattended in violation thereof. Section 43. City Code Section 23 -1110 is amended as follows: Section 23 -1110. REVOCATION. The [chief of police] City Manager's designee shall have the authority to revoke a parade permit issued hereunder, on notice, upon application of the standards for issuance as herein set forth. ORDINANCE NO. • Section 44. City Code Section 23 -1111 is amended as follows: Section 23 -1111. PENALTY. The violation of the provisions of the Chapter or any lawful order of the [chief of police] Citv Manager's designee issued pursuant to the provisions hereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 45. City Code Section 23 -1220 is amended as follows: Section 23 -1220. RECORDS OF SALES. Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Manager, [chief of police] Citv Manager's designee, and such other agents as may be designated by the City Council. Section 46. City Code Section 23 -1604 is amended as follows: Section 23 -1604. LICENSE FEE, LICENSE INVESTIGATION 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. [The license fee and fee for the] A non - refundable investigation fee [of the license shall] must be paid in full [when] before the application [is filed] for a new license is accepted. The (annual license] 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 full 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 the event that the license once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for the 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 a part thereof for which it has been issued. The fee for the investigation for issuance of a license must be [entered] 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 parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 47. City Code Section 23 -1706 is amended as follows: Section 23 -1706. LICENSE FEE, LICENSE INVESTIGATION 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. [The license fee and fee for the] A non - refundable investigation fee [of the license shall] must be paid in full [when] before the application for a new license is [filed] 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 full at the time of ORDINANCE NO. • application for renewal. The investigation fee may be paid with a personal check. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for the 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 a part thereof for which it has been issued. 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 48. City Code Section 23 -1804 is amended as follows: Section 23 -1804. LICENSE FEE, LICENSE INVESTIGATION 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. [The license fee and fee for the] A non - refundable investigation fee [of the license shall] must be paid in full [when] before the application [is filed] 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 full 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 the event that the license once issued, is revoked, canceled or • surrendered, no part of the annual license fee or fee for the 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 a part thereof for which it has been issued. 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 parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 49. City Code Section 23 -2003 paragraphs 2 and 3 are amended as follows: Section 23 -2003. PERMITS AND EXEMPTIONS. 2. Review of Permit. The [chief of police or the Chiefs designee,] Citv Manager's designee shall review the issuance of all police alarm permits. The [chief of police or the Chiefs designee,] Citv Manager's designee. in consultation with the Fire Chief, shall review the issuance of all fire alarm permits. 3. Process for Issuance of Permit. Upon receipt and determination of the fifth false police alarm report or the second false fire alarm report at an address, the [chief of police or the • Chiefs designee,] Citv Manager's designee, after review, shall then assess the alarm user for an ORDINANCE NO. • alarm user's permit. The alarm user must submit the required permit fee to the [Police Chief) City Manager's designee within thirty (30) working days after receipt of the assessment invoice, in order to continue to use the user's alarm system. Section 50. City Code Section 23 -2004 paragraph 1 is amended as follows: Section 23 -2004. REQUIREMENTS AND DUTIES. 1. Letter of Contestation. After the [chief of police or the Chief s designee,] City Manager's designee, determines that a false alarm has occurred at an address, the alarm user at that address may submit a letter of contestation to the [chief of police] City Manager's designee to explain the cause of the alarm activation. If the [chief of police] City Manager's designee determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. Section 51. City Code Section 23 -2007 paragraph 1 is amended as follows: Section 23 -2007. REVOCATION AND SUSPENSION OF PERMIT. 1. Basis for Revocation or Suspension. In addition to the automatic revocation process described in Section 23 -2003, the [chief of police] City Manager's designee may suspend or revoke any alarm user permit issued pursuant to this ordinance if the [chief of police] City Manaaer's . designee finds that any of the following occur: All alleged violations defined above shall be investigated by the Police Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to the [chief of police] City Manager's designee, prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the [chief of police] City Manager's designee may appeal that decision to the City Council. Section 52. City Code Section 23 -2009 paragraph 1 is amended as follows: Section 23 -2009. CRIMINAL PENALTIES. 1. Any alarm user, who continues to use an alarm system after receiving notice of revocation or suspension by the [chief of police] City Manaaer's designee. shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 53. City Code Section 23 -2104 paragraphs A and B are amended as follows: Section 23 -2104. LICENSE FEE. A. The annual license fee for required licenses shall be as set forth by City Council • resolution. The initial license fee shall be uaid in full with cash, or a certified or cashier's check, ORDINANCE NO. before the license is issued.. Licenses shall be issued for an annual period from July 1 through June • 30 for each year hereafter, provided, however, that the initial license fee for each applicant hall pp s be prorated as of the date of the application therefore. Said application for license shall then be presented to the City Council for consideration, and if approved, the City Clerk shall issue the license to the applicant. B. At the time of application for an operator's license the applicant shall pay in full an investigation fee as set forth by City Council resolution. If at any time an additional investigation is required because of a change of ownership or control of a corporation or partnership previously licensed, the licensee shall pay in full an additional investigation fee as set forth by City Council resolution. Investigation fees may be paid in cash or with a personal check and are, [shall not be refunded] non - refundable. Section 54. City Code Section 23 -2106 paragraph B is amended as follows: Section 23 -2106. INSPECTION. B. Each amusement device located in the City of Brooklyn Center shall be inspected by the [chief of police] Citv Manager's designee prior to approval for licensing, and an inspection report shall be forwarded to the City Manager. Upon notice by the operator to the [chief of police] City Manager's designee requesting an inspection and stating that one amusement device has been substituted for another under an existing license, pursuant to Section 23 -2108 hereof, said • substituted amusement device may be operated unless license therefore has been denied by the City Council. An amusement device which is not being substituted for another pursuant to Section 23- 2108 hereof, shall not be operated until notice has been given by the operator to the [chief of police] Citv Manaeer's designee requesting an inspection, an inspection report has been forwarded to the City Manager, and a license issued. Refusal by an operator of the right of entry to the [chief of police] City Manap-er's desiLnee during business hours for the purpose of a scheduled inspection, a requested inspection, or an inspection made upon probable cause, shall constitute grounds for revocation of all licenses for amusement devices held by the operator. Section 55. City Code Section 23 -2305 paragraphs a. and b. are amended as follows: Section 23 -2305. LICENSE FEE. a. The annual license fee is set by City Council resolution. b. Each application for a license shall be submitted to the City Clerk and payment made to the City. The initial license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. [Each application for a license shall be accompanied by payment in full of the required license fee.] Upon rejection of any application for a license, the applicant may be refunded a portion of the license fee in accordance with the fee resolution, except where rejection is • for a willful misstatement in the license application. ORDINANCE NO. • Section 56. City Code Section 23 -2306 paragraph a. is amended as follows: Section 23 -2306. INVESTIGATION FEE. a. At the time of the original application for a license, the applicant shall deposit the investigation fee set by City Council resolution. The investigation fee may be paid in cash or with a personal check. The investigation fee is non - refundable. An investigation fee 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 parties are bronosin2 to be licensed. Section 57. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .2003. Mayor • ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • MEMORANDUM TO: Michael McCauley, City Manager FROM: Curt Boganey, Assistant City Ma a DATE: July 9, 2003 SUBJECT: Revision of Licensing Ordinances Background: Currently the licensing operation is divided between the Police Department and the Clerk's office. Due to budget constraints the police department has reduced its clerical staff support by one and one -half employees and it's possible that additional reductions may be necessary. The current liquor ordinance has a number of inconsistencies regarding the procedures that are used depending on the type of license being applied for. Current language has required the City to hold license fee checks of several thousand dollars on deposit for many weeks as the investigation process is underway. • Some of the prescriptive background check requirements of the current ordinance have been determined to be unnecessary and without value in the opinion of the Police Chief. You have directed that we address these and other issues, by establishing a " one stop shop" for licensing in the Clerks office, streamlining our procedures, eliminating unnecessarily burdensome regulations and establishing consistent methods and procedures to improve customer convenience. To accomplish this we have revised all business and liquor license ordinance processes and procedures so that the City Clerk may serve as the responsible administrative authority. We have revised our ordinance procedures to avoid holding application fee checks for long periods during the investigation process. We have reviewed and revised our liquor license background criteria to assure completeness and ongoing relevance. Proposed Changes: In accordance with your direction an administrative team including the City Clerk, Chief of Police and myself have worked with the City Attorney to draft the attached ordinance amendments. We believe that with the adoption of these amendments the objectives set forth will be achieved. • The language changes are generally intended to be technical and not substantive. The • new language is underlined and old language is within brackets. Chapter 11, The Liquor Ordinance and Chapter 23, the General Licensing Regulations Ordinance of the City Code are modified by these changes. As provided in other City Ordinances the new language is intended to provide the City Manager with the necessary discretion to authorize or appoint the appropriate enforcement and administrative staff. Under the current ordinance application procedures, fees and charges vary between licenses without clear rationale; therefore modifications have been made to provide a reasonably consistent process for administering all license applications. To accomplish greater uniformity, the language consistently establishes a non - refundable investigation fee for all new licenses requiring a background investigation. The language consistently requires that the initial license fee be paid in cash before the license is issued. The language consistently requires a re- investigation fee when a change in management or ownership occurs. The language consistently requires a late renewal charge when applicable. Like other business license ordinances this amendment authorizes the City Council to establish a fixed investigation fee amount. Because the City will only require payment of the non - refundable investigation fee at the time of application, we avoid holding license fees during the investigation process, which • may take several weeks in some cases. After a new application is approved, the license fee must be paid in cash prior to issuance of the license. Section 11 -503 has been substantially modified to eliminate the prescriptive liquor license background check requirements. The new language substitutes the requirements set forth by Public Safety Commissioner in the State application form plus any additional information deemed appropriate by the City Manager's designee. The City presently has an application form establishing the necessary background information needed. This new language allows the City Manager through his or her designee to modify the background information requirements as may be warranted. Recommendation: With the amendments sited above and included within the attached, we believe that the objectives set forth by your assignment will be met. We recommend that the amendments to Chapters 11 and 23 of the City Code of Ordinance be submitted to the City Council for adoption consideration. Following the adoption of these amendments a resolution establishing investigation fees will be required. • GADeptsADMMAsst City Mgr , citymanager.licenses.mem.doc I f • 4 City Council Agenda Item No. 9a MEMORANDUM • DATE: August 5, 2003 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Recognizing and Commending Winners of the 2003 Landscape and Garden Contest Judging for the 9th annual City of Brooklyn Center Landscape and Garden contest took place Thursday, July 17. The contest was initiated in the City's continuing efforts to encourage beautification and enhancement of properties in the City. The judges for the contest were Master Gardener Doris Wickstrom and former contest winners Carole Hallman and Ginny Steffes. The judges were complimentary of all entrants and praised the residents of our community for their gardening and landscaping expertise. Barbara Mielke of 7230 Bryant Avenue North received the Judge's Award for Outstanding Backyard Garden. Paths of woodchip, stone and rock invite you to delightful gardens filled with surprises. The judges commended Barbara for her creative use of materials that blend in • naturally with the landscape. Her selection of small trees enhances the "English Garden" she has created. Numerous varieties of ground cover, hosta and other shade plants provide the garden with a character all its own. At every turn of a path or walkway the judges found elements that demonstrated good gardening techniques. Barbara's main source of mulching material is leaf matter. In the autumn while some people complain about neighbor's leaves Barbara is out gathering them from her neighbors. Walt Wenholz of 501 69 Avenue North received the Judge's Award for Outstanding Landscape /Hardscape. From the minute the judges stepped foot on this property and saw the newly sculpted front garden they knew they were in for a special treat. They immediately noted the exceptional use of brick and stone around the gardens, patios and pathways, thus the recognition for "Hardscape." The well - designed pathways led them to an award - winning water feature and a whimsical elf house sculpted out of a tree trunk. With its own light inside, it captures the fancy of his grandchildren. The balance of smaller gardens with their splashes of color along with the landscape / hardscape truly makes this well- maintained property a jewel in our city. Clarice Bailey of 5424 Irving Avenue North received the Judge's Award for Most Transformed Space. Clever use of recycled materials from a former front yard sidewalk captured the judge's attention. The chunks of sidewalk now ring a raised flowerbed around a front yard tree. The natural flow of the paths from the driveway into the front yard patio and gardens demonstrates Clarice's strong sense of design. Recognizing that the gardens are a work in progress, the judges • commended Clarice for providing a positive visual impact on her immediate neighborhood by bringing her gardens out front for all to see. Nancy Blom of 2820 — 67`" Lane North received the Judge's Award for Best Small Space Garden. Nancy has utilized small spaces around the side.and back of her townhouse to bring a • splash of color to the neighborhood. Recognizing the limitations a homeowner encounters with association lifestyles, the judges commended Nancy's careful design that has taken maximum advantage of minimal space. From the plant and color selection in the driveway entry pots to the combination of anrivals and perennials in the beds, she has truly made this multiple dwelling an inviting place to come home to, not only for herself but also for her neighbors. The judges also wanted to commend one of last year's winners, Cheryl Zaic of 7037 Grimes Avenue North for her exceptional mulching and composting techniques she applies to her many gardens. Since last years contest, Cheryl has added interest to a shady side of her house with "lotsa hosta." The varieties she selected are showstoppers. A visual presentation will be available at the Regular Session of the City Council on August 11, 2003. A resolution recognizing the winners of the 2003 Landscape and Garden Contest is attached for consideration. • • I Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 2003 LANDSCAPE AND GARDEN CONTEST WHEREAS, the City Council desires to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents and businesses in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following winners of the 2003 Citywide Landscape and Garden Contest are recognized and commended for their achievements: JUDGE'S AWARD FOR OUTSTANDING BACKYARD GARDEN Barbara Mielke 7230 Bryant Avenue North JUDGE'S AWARD FOR OUTSTANDING LANDSCAPE / HARDSCAPE • Walt Wenholz 501 — 69 Avenue North JUDGE'S AWARD FOR MOST TRANSFORMED SPACE Clarice Bailey 5424 Irving Avenue North JUDGE'S A WARD FOR BEST SMALL SPA CE GARDEN Nancy Blom 2820 — 67`" Lane North 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 • TO: Mike McCauley MEMO FROM: Curt Bogyf?,5 DATE: August 4, 2003 SUBJECT: Deer Management Meeting RECCOMMENDED ACTION: The vast majority of citizens that attended the Deer Management meeting July 30 2003 requested that we proceed with the development of a Deer Management Plan. If so directed this plan should be ready for Council consideration not later than October 31, 2003. BACKGROUND: At your direction to develop a course of action, I reviewed the work started by Jane Chambers regarding deer complaints in Brooklyn Center. As a result of my research and following Council concurrence a citizens meeting was held to gain feedback regarding • ways to respond to deer management issues. Mr. Bryan K. Leuth, Urban Wildlife Manager was contacted and agreed to provide an educational seminar and gather input from citizens. In advance of this meeting post cards were sent to more than seven hundred residents living in proximity to Palmer Lake. The Sun Post was notified. Notice was given at a Council meeting. A notice was posted on the City Web Site At the meeting held on July 30 more than 100 citizens attended including, Mayor Kragness, Council members, Lasman and Carmody. Council member Hagman and Officer Folstad from Brooklyn Park attended. In addition Lieutenant Benner and Public Works Deputy Director Dave Peterson were in attendance. Of the residents present the overwhelming majority responded to the post cards. The presentation by Mr. Leuth was lengthy, detailed and educational. Comments from the public were varied but the over riding theme was that some action needed to be taken soon to address concerns largely related to deer destroying gardens. • • Mr. Leuth indicated that White Tale Deer are a resource of the State of Minnesota but they can create problems in urban areas and the numbers need to be managed. He also indicated that there are a number of methods available to manage the population of deer but the effectiveness and cost of these methods vary dramatically. Mr. Leuth pointed out that the DNR generally assumes that 15 to 25 deer per square mile is a reasonable maximum based on available vegetation and habitat, but each community has to determine for itself what the "cultural carrying capacity" should be. Mr. Leuth illustrated a long list of actions a community can take and encouraged the community to develop its own management plan. It was clear that the overwhelming majority of those present favored the establishment of a plan that would result in thinning the current herd as soon as possible. The most recent survey performed by Hennepin Parks in the spring of 2002 indicated numbers of deer in excess of the 25 per square mile. The purpose of a plan is to establish goals and have a systematic, comprehensive approach to dealing with what is apparently an increasing problem in Minnesota and across the country. These approaches vary extensively as indicated in the attached survey of deer control programs in the Twin Cities. SUMMARY: On July 30 2003 a community meeting was held regarding deer issues in Brooklyn • Center. The overwhelming majority of those present favored the reduction of deer populations in Brooklyn Center and the adoption of a Deer Management Plan by the City. Several citizens agreed to serve on a task force with staff to develop a plan of action. If so directed a draft plan can be developed by October 31 2003 as requested. Basic contents of a " deer plan" include the following: • Population estimate • Population goal • Public involvement in decision of how to reach goal • Methods for achieving population goal • Record of deer - vehicle collisions • Record of Citizen complaints • Information on abatement techniques. Based upon published data available the staff will draft a plan - outline for review and input from the citizens task force. After incorporating appropriate changes from citizen input a final draft will be prepared for City Council approval. • Attachment i • A quick review of Twin Cities area municipalities with deer control programs: Apple Valley: periodically funds aerial surveys, benefits from hunts managed by Dakota County, e.g. Lebanon Hill Regional Park, and Minnesota Zoo. Blaine: Capable Partners hunts at Blaine Airport since 1997 Bloomington: part of 1988 Minnesota River Valley Deer Management Task Force (MRVDMTF). Started deer reduction program (trap and shoot) in 1991, evaluated 1994 (additional sharp- shooting to supplement), authorized a 5 year extension, deemed effective and voted to continue on a permanent basis in 1999 Brooklyn Park: aerial surveys Burnsville: Deer Management Program approved September 2001. Trap and shoot by contract for initial reduction, then archery hunting to maintain thereafter. Feeding ban. Chaska: participated in aerial surveys in past Cottage Grove: have used normal hunting seasons at Bailey's Nursery, and can establish "special hunting area" when there is "an excess population of wild game or when • herd control is needed" Deephaven: trap and shoot permit in 2000 Eagan: MVDMTF, alternative deer control program in 1991, participated in early aerial surveys, benefits from hunts at Lebanon Hills and Ft. Snelling State Park, aerial deer survey requested 2003. Eden Prairie: Deer Management Program authorized in 1993. Sharp-shooting over bait, recently by contract Edina: MVDMTF, Deer Population Management Plan 1993, trap and shoot and sharpshooting since 1994 Fridley: White - tailed Deer Management Plan at Springbrook Nature Center 1995, sharpshooting by police I Gem Lake: use regular hunting seasons Golden Valley: participate in aerial surveys, currently looking at options • Dakota County: use special hunts during regular hunting seasons (Lebanon Hills, Spring Lake Park, Miesville Ravine), DNR aerial surveys • Little Canada: used special permits for archery removal on 2 private parcels 1994 Maple Grove: use regular hunting seasons Maplewood: cooperatively manage Pigs Eye Island with St. Paul and Ramsey County using special hunt (MBRB) followed by sharpshooting; trap and shoot on private property; archery hunts at Priory Open Space 2061 Mendota Heights: MRVDMTF, MBRB hunts began in 1995 Minnetonka: Deer Control Program 1994, trap and shoot and sharp - shooting ever s�ce North Oaks: program since 1984 -trap and shoot (some sharp - shooting in past) Plymouth: archery hunts coordinated with Hennepin Parks since 1992 Ramsey County: cooperatively manage Pigs Eye Island with Maplewood and St. Paul using special hunt (MBRB) followed by sharpshooting; archery hunts at Tamarack Nature Center, Otter Lake, Poplar Lake, and Pig's Eye Richfield: Wood Lake Nature Center trap and shoot periodically since 1994 • St. Louis Park: Deer Management Program 1994, trap and shoot at Westwood Nature Center; current Deer Management Task Force for private property concerns St-.Paul: removal programs (trap and shoot) since 1995 (Hyland Bluffs), cooperatively manage Pigs Eye Island with Maplewood and Ramsey County using special hunt (MBRB) followed by sharpshooting Shoreview: currently in development Sunfish Lake: participates in aerial surveys, archery hunts in 1995 Vadnais Heights: archery hunts Willow Lake Nature Preserve (H.B. Fuller Co.) Since 1984 (employee and immediate family) Wayzata: aerial surveys 1992, Deer Management Policy 1995, sharpshooting and trap and shoot since Woodland: management plan 2000, sharp - shooting 2000, 2001, 2002 • • City Council Agenda Item No. 9c Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO DISCUSSIONS WITH THE HENNEPIN COUNTY BOARD REGARDING PUBLIC SAFETY COMMUNICATION SERVICES WHEREAS, the City of Brooklyn Center wishes to enter into discussion with the Hennepin County Board regarding public safety dispatch services; and WHEREAS, the purpose of the discussions will be on the viability of a single city dispatch center versus the feasibility of consolidating the public safety dispatch center with other independent cities public safety dispatch centers or to have Hennepin County Radio as a possible provider of service; and WHEREAS, with the migration toward regional 800 MHz radio systems, the City of Brooklyn Center Police Department has the need to communicate with surrounding agencies who are on the 800 Mhz system; and WHEREAS, the Hennepin County Board has requested the City of Brooklyn Center have a formal council resolution to enter into further discussion with Hennepin County regarding public safety dispatch services; and • WHEREAS, with that resolution, Hennepin County will address the issues of any and all costs associated with having Hennepin County provide dispatch services, any changes in the type of service that would be provided, a possible target date as to when the transition process may take place, the ability to accommodate requests as a matter of capacity relative to resources and physical plant and the possibility of current employees to be considered for positions with Hennepin County;. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center enter into discussions with the Hennepin County Board regarding public safety communication services. 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. ��pOKIYN CE'v BROOKLYN CENTER = POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: August 7, 2003 SUBJECT: Resolution Authorizing Discussions With The Hennepin County Board Regarding Public Safety Communication Services For The City of Brooklyn Center In March of 2003, a meeting was held with several Hennepin County cities that operate independent public safety radio systems. The purpose of the meeting was to discuss the viability of a single city dispatch center in light of reductions of Local Government Aid and the migration toward the regional 800 MHz radio system. As a result of this meeting, nine cities formed an interest group in order to seek proposals from qualified individuals or teams to evaluate the potential for consolidation of 9 -1 -1 • dispatching services. In July of 2003, PSC Alliance was awarded the contract to conduct the consolidation study and to examine the City of Minneapolis and Hennepin County as service providers. The study, which is due 40 days after the contract is signed, will provide the City of Brooklyn Center with sufficient information to make a decision on whether or not to continue with our current stand alone dispatch center, pursue consolidation with other cities or explore the options that may be available from the City of Minneapolis or Hennepin County. On July 24, 2003, the Hennepin County Board of Commissioners requested that interested cities who were exploring Hennepin County as an option for public safety dispatch to adopt City Council resolution to enter into such a discussion. The discussion will then focus on the following issues: - Can Hennepin County accommodate the interested cities requests as a matter of capacity relative to resources and physical plant. - What target date could interest cities use for purposes of planning the transition from operating independent public safety dispatch centers to receiving services as a dependent user on the Hennepin County system. What changes, if any, should interested cities anticipate if the PSAP services are provided by Hennepin County versus those provided by independent centers. • Page 2 • What would the dollar amounts be for one time capital costs, annual fees, and any and all other costs associated with services for interested cities as a dependent user. Could employees of interested cities independent dispatch centers be considered for vacancies or new positions with the Hennepin County PSAP. The consultants in their analysis will use information from these discussions in order to identify the best option for each city. A copy of the resolution authorizing the City of Brooklyn Center to enter into a discussion with Hennepin County about public safety dispatch services is included with this memorandum. SB:kh • • City Council Agenda Item No. 9d • Memorandum July 31, 2003 TO: Michael McCauley, City Manager From: Code Enforcement Team Subject: Code Enforcement Activities Current Status of Sweep: As of July 31, first inspections of residential homes are complete and second inspections are primarily complete. Second inspections for some violations will continue into August due to extensions and compliance timelines. First inspections of apartment properties are completed and second inspections are being conducted. First inspections of commercial properties are complete on the West half of the City and are approximately 50% complete on the East side. (Due to an unexpected injury in the NLO division a minor setback was caused. Matt is helping with east side business inspections to catch up). The sweep, however, will be completed by the August 30, 2003 deadline. Number of Violation(s) by Tvve: • Garbage Storage/Removal 92 Parts /Engines & Related Items 10 Screening of Dumpsters (Commercial) 2 Accum/ of Rubbish/Brush/Debris 192 Accum. Of Junk/Furniture /Appli. 86 Illegal parking /Storage of Vehicles 99 Storage of Commercial Vehicle 2 Unlicensed/Inoperable Vehicles 114 Yard Maintenance (Seed & sod) 3 Proper Addressing 24 Miscellaneous (14 Days) 5 Public Nuisance 5 Fences 40 Accessory Buildings 133 Windows /Doors /Screens 20 Stairs /Porches/Decks 18 Driving /Parking Area Repairs 27 Foundations /Ext Walls/Roofs 136 Miscellaneous (30 Days) 2 • • Total Number of Violations: 1,010 Breakdown of letters sent: First Letters: 816 Second Letters 174 Compliance /Thanks You 597 Citation/Formal Complaints 7 As of this date we have 40 houses that we will be making contact with to seek resolution or a court referral will be made. Staffing: The NLOs have contributed approximately 780 hours towards summer inspections since May 1St Successes 7243 Morgan: Issued formal complaint, re- siding house. /work almost complete 627 58 In need of painting house /garage — painters hired. /work in progress 5346 Emerson: Will be painted through Marshall Field's community service program. 5633 Humboldt: Will be painted through Marshall Field's community service program. Extension/Work in Progress: • 5532 Logan: Driveway /compliance 6007 Emerson: Steps /on list for knock/talk 5315 Camden: Screen area/compliance 5327 Colfax: Siding /on list for knock/talk 5509 Girard: Painting house /compliance 6001 Halifax Ph Painting /soffits /fascia/steps. Homeowner given August 15 deadline for major repairs. /Progress being made 6600 Unity: Fence /shed/soffits /fascias /complaince 5655 BB: Numerous violations. Homeowner recently died and we're working with son to clean property. /Progress has been shown, but court actions appears probable. 5649 BB: Numerous violations,/Referred to court. 7208 Dallas Rd: Numerous violations /Work in progress 4920 Zenith: Property abandoned last fall./Mortage company making progress. 5237 Ewing: Numerous violations, progress being made. /very slow, court action probable. 4746 Lakeview: Leonard Martin is making progress is fixing his home. 5025 Ewing: Working with owner to clean up accumulated garbage in yard. Elderly homeowner chooses not to have garbage service. /Referring to court 4100 Lakeside: Numerous violations. Working with homeowner to clean property. /progress in clean -up 701 67 Major exterior work needed. Has hired contractor for windows /siding, I • called with update on 7/31/03 • Tickets/Knock & Talks: 6031 Halifax: Formal complaint submitted. Houses on track for citations /complaint with three or more violations: 5600 Irving Ave N /will be issued formal complaint (final inspection 7/31/03) 5603 James Ave N /Is now in 100% compliance 6900 Oliver Ave N /some progress Houses of concern: 5556 Logan Ave —is running and advertising the sale of tires from their property. Ron Warren and Becky Boie are working closely on this. Time on letter will expire 8/4/2003. Homeowner is very uncooperative. Will advise on progress. • • City Council Agenda Item No. 9e Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 11, 2003 SUBJECT: An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments City Attorney Charlie LeFevere called me this afternoon regarding the "DRAFT A" ordinance amendment relating to the 2:00 a.m. bar closing. We discussed the current liquor license fees for the various liquor licenses, and he noted that the City charges the maximum amount allowed by State Statute for wine and club licenses. He therefore believes that the City would not be allowed to charge an additional fee for the 2:00 special license, as it would increase the liquor license fee for these two types of licenses over the maximum allowable amount as set by State Statute. I've attached a "REVISED DRAFT A" that removes the license fees from the club intoxicating liquor license and the wine license. • Mr. LeFevere also noted that since the ordinance is amending liquor license fees, the liquor license holders would need to be notified of the ordinance amendment at least 30 days prior to the public hearing. The agenda indicates the second reading and public hearing would be held on September 8, 2003. In order to notify the liquor license holders of the public hearing within the required timeframe, it is recommended to hold the public hearing on September 22, 2003. Attachment: Revised Draft A 001 Shingle Creek Parkway Recreation an Community Center Phone Number g y d y &TDD u be r 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 • REVISED DRAFT A CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of September, 2003, 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 the City Code Regarding Hours of Operation for Liquor Establishments. 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 REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -110 relating to 3.2 percent malt liquor licenses • is amended as follows: Section 11 -110. CLOSING HOURS. Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Monday through Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell. consume. or hermit the consumption of 3.2 percent malt liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual anblication fee for the special license shall be $200. Subdivision 2. It shall be unlawful to sell beer in any "off- sale" establishment on any Sunday between the hours of 1 a.m. and 12 noon. or between the hours of 1 a.m. and 8 a.m. on the days of Monday through Saturday. Section 2. City Code Section 11 -406 relating to set -up licenses is amended as follows: • Section 11 -406. CONDITIONS OF LICENSE. • ORDINANCE NO. REVISED DRAFT A Subdivision 1. No establishment licensed as a bottle club may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may Dermit a person to consume or displav intoxicating liquor and no Derson may consume or displav intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. The annual a lica . DD tion fee for the special license shall be $200. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor • until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Mondav through Saturday. No "on -sale" shall be made after 8 p.m. on December 24. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [1 a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] Citv Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safetv and has been issued a special license by the Citv. The apmual aephe .F f +i., suee 11 l 1 - J. t- 1 b zwo Section 4. City Code Section 11 -612 relating to wine licenses is amended as follows: Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold • nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on • ORDINANCE NO. REVISED D DRAFT A Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual ap'ri fee for the si3e f:, c ill be $200. Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold • nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday through Saturday. No "on- sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual aDn_ lication fee for the special license shall be $500. • • ORDINANCE NO. REVISED DRAFT A Section 6. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • • Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M er FROM: Sharon Knutson, City Clerk DATE: August 7, 2003 SUBJECT: An Ordinance Amending Chapter 11 of the Brooklyn Center Code of Ordinances Regarding Hours of Operation for Liquor Establishments At its July 28, 2003, meeting, the City Council discussed a request that had been received from Ref's Sports Bar & Grill, 2545 County Road 10, regarding the 2:00 a.m. closing law. Council direction was to survey other cities with regard to local fees for the extended hour. Report on Local Fees The AMM (Association of Metropolitan Municipalities) recently surveyed cities in the Metropolitan area regarding the 2:00 bar closing and local fees. Hopkins and Bloomington are the only cities to date that have adopted an additional license fee. I have talked with staff from both cities regarding the local • fees, and both indicated that fees were set to offset the additional costs incurred with law enforcement activities due to the extended hour. Fees are as follows: ,._:;, Bloom ington Hopkins [On-Sale 3.2 Percent Malt Liquor $200 I $1501 Off -Sale 3.2 Percent Malt Liquor I $0 I $0 I Set -Up $0 Wine ` $0 $0 1 $2001 Intoxicating I $500 I $1,300 I Club $0 I $0 J Off -Sale 3.2 Percent Malt Liquor On August 6, 1 talked with staff at the Minnesota Department of Public Safety regarding off -sale 3.2 percent malt liquor. I was informed that the legislation allowing for the 2:00 a.m. bar closing also included off -sale 3.2 percent malt liquor (i.e., convenience stores, grocery stores, gas stations). However, these establishments are exempt from the special 2:00 a.m. closing license. Draft Ordinance Amendments Brooklyn Center City Code of Ordinances, Chapter 11, sets the closing hour for liquor licensed premises at 1:00 a.m. Attached are two draft ordinances, each amending Brooklyn Center City Code of Ordinances to provide for a 2:00 a.m. bar closing for on -sale liquor establishments. Both ordinance amendments would leave the 1:00 a.m. closing hour for the off -sale 3.2 percent malt liquor. 0 1 Shingle Creek Parkway Recreation and Community u y 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.cityofbrooklyrcenter.org Memo to Michael J. McCauley • Page 2 August 7, 2003 Draft A includes language that requires a licensed premise that opts to stay open until 2:00 a.m. to conform to State Statutes and obtain the State license, as well as obtain a special license from the City. Proposed fees for the extended hour are a combination of the fees charged by Bloomington and Hopkins. The draft ordinance also imposes fees for the special 2:00 a.m. closing license as follows: Brooklyn Center Proposed Special 2:00 a.m. Closing License Fees jI On -Sale 3.2 Percent Malt Liquor $200 Set -Up $200 Wine $2001 Intoxicating $500 1 Club I $200 ) Draft B includes language that requires a licensed premise that opts to stay open until 2:00 a.m. to conform to State Statute and d obtain the State license with no additional special license from the City Y and no additional fees. Should you need additional information, please advise. • Attachments 1. Draft Ordinance #1 (2 a.m. bar closing; includes City license and fees) 2. Draft Ordinance #2 (2 a.m. bar closing; no City special license or fees) 3. July 24, 2003 Memorandum by City Manager Michael J. McCauley 4. July 22, 2003, Memorandum by City Clerk Sharon Knutson • • CITY OF BROOKLYN CENTER DRAFT A Notice is hereby given that a public hearing will be held on the 8th day of September, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Cieek Parkway, to consider an Ordinance Amending the City Code Regarding Hours of Operation for Liquor Establishments. 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 REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -110 relating to 3.2 percent malt liquor licenses is amended as follows: • Section 11 -110. CLOSING HOURS. Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Monday through Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell. consume. or hermit the consumption of 3.2 percent malt liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual application fee for the special license shall be $200.. Subdivision 2. It shall be unlawful to sell beer in any "off- sale" establishment on any Sunday between the hours of 1 a.m. and 12 noon. or between the hours of 1 a.m. and 8 a.m. on the days of Monday through Saturday. Section 2. City Code Section 11 -406 relating to set -up licenses is amended as follows: Section 11 -406. CONDITIONS OF LICENSE. • • ORDINANCE NO. DRAFT A Subdivision 1. No establishment licensed as a bottle club may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may hermit a person to consume or display intoxicating liquor and no person may consume or displav intoxicating liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual application fee for the special license shall be $200. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise • between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday through Saturday._ .. No "on -sale" shall be made after 8 p.m. on December 24. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [1 a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City Manaver's designee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicatiniz liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual application fee for the special license shall be $200. follows: Section 4. City Code Section 11 -612 relating to wine licenses is amended as Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor g q consumed nor • permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 • ORDINANCE NO. DRAFT A a.m. on [any weekday] the days Monday through Saturday No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by the City. The annual annlication fee for the special license shall be $200. Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 • a.m. on [any weekday] the day_ s of Monday throueh Saturday. No "on- sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety and has been issued a special license by City. The annual ann_ lication fee for the special license shall be $500. i ORDINANCE No. DRAFT A Section 6. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • • • CITY OF BROOKLYN CENTER DRAFT B Notice is hereby given that a public hearing will be held on the 8th day of September, 2003, 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 the City Code Regarding Hours of Operation for Liquor Establishments. 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 REGARDING HOURS OF OPERATION FOR LIQUOR ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11-110 relating to 3.2 percent malt liquor licenses is amended as follows: • Section 11 -110. CLOSING HOURS. Subdivision 1. It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of [1 a.m.] 2 a.m. and 12 noon, or between the hours of 2 a.m. and 8 a.m. on the days of Monday throush Saturday. [It shall be unlawful to sell, consume, or permit the consumption of beer in any "on- sale" establishment between the hours of 1 a.m. and 8 a.m. on any other day.] It shall be unlawful to sell, consume._ or hermit the consumption of 3.2 percent malt liquor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Subdivision 2. It shall be unlawful to sell beer in any "off- sale" establishment on any Sunday between the hours of 1 a.m. and 12 noon. or between the hours of 1 a.m. and 8 a.m. on the days of Monday through Saturday. follows: Section 2. City Code Section 11 -406 relating to set -up licenses is amended as Section 11 -406. CONDITIONS OF LICENSE. • Subdivision 1. No establishment licensed as a bottle club may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor • ORDINANCE NO. DRAFT B between [1 a.m.] 2 a.m. and 12 noon on Sundays, [and] or between [1 a.m.] 2 a.m. and 8 a.m. on Monday through Saturday. No licensee may hermit a person to consume or displa_ y intoxicating liauor and no person may consume or displav intoxicatina liauor between the hours of 1 a.m. an d 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 3. City Code Section 11 -511 relating to club intoxicating liquor licenses is amended as follows: Section 11 -511. HOURS OF OPERATION. 1. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [I a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday throuLTh Saturday. No "on- sale" shall be made after 8 p.m. on December 24. • 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and [I a.m.] 2 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City ManaLyer's designee that food will be sold and that a minimum of 30 persons may be served at any one time. 3. No licensee may sell intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 4. City Code Section 11 -612 relating to wine licenses is amended as follows: Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days Monday throuch Saturday. No "on -sale" shall be made after 8 p.m. on December 24. • • ORDINANCE NO. DRAFT B On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. Monday in conjunction with the serving of food. No licensee may sell wine between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 5. City Code Section 11 -712 relating to intoxicating liquor licenses is amended as follows: Section 11 -712. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after [1 a.m.] 2 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of [1 a.m.] 2 a.m. and 8 a.m. on [any weekday] the days of Monday Saturday. No "on- sale" shall be made after 8 p.m. on December 24. Establishments to which "on -sale liquor" licenses have been issued for the sale of intoxicating • liquors may serve intoxicating liquor between the hours of 10 a.m. Sunday and [1 a.m.] 2 a.m. on Monday in conjunction with the serving of food. No licensee may sell intoxicating liauor between the hours of 1 a.m. and 2 a.m. unless the licensee has obtained a license from the Minnesota Commissioner of Public Safety. Section 6. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • City of Brooklyn Center A Millennium Community To: Mayor Kragness an ouncil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: July 24, 2003 Re: 2:00 a.m. Bar Closing Time After the legislation allowing 2:00 a.m. bar closing, we discussed waiting before taking any action until we had received a request for 2:00 a.m. bar closing and an opportunity to see what the Metro North Convention and Visitor's Bureau and the Earle Brown Heritage Center's positions might be on the question. We have now received a request from Ref s Bar to consider changing the City ordinance from 1:00 a.m. to a 2:00 a.m. closing time. Ms. Knutson conducted a survey of surrounding communities. That survey reveals that all of the cities adjacent to Brooklyn Center except Fridley now have 2:00 a.m. closing times. (Fridley will be discussing the • issue on August 14 Mr. Boganey advises that the Earle Brown Heritage Center is neutral on the issue. They have not experienced client requests for bar service past 1:00 a.m. yet. The Metro North Convention and Visitors Bureau has not taken a position on this issue yet. Chief Bechthold is neutral on the issue of a 2:00 a.m. closing. Based on the substantial hospitality industry in Brooklyn Center and the 2:00 a.m. closing times in the adjacent cities, except Fridley, changing our closing time to 2:00 a.m. would probably be appropriate. Some cities are charging an additional fee for a license that goes until 2:00 a.m. The State of Minnesota collects additional revenues for 2:00 a.m. closing authority from liquor license holders. Bloomington recently adopted 2:00 a.m. closing with an additional $500 fee. The item is on the agenda for City Council direction on whether you would like an ordinance revision allowing a 2:00 a.m. closing, and if so, should there be an additional fee charged by the City. x'01 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.cityolbrooklyncenter.org Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cler DATE: July 22, 2003 SUBJECT: 2:00 a.m. Closing Law The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 a.m. on all days of the week effective July 1, 2003. Brooklyn Center City Code of Ordinances, Chapter 11, sets the closing hour for liquor licensed premises at 1:00 a.m., which was previously the State Law. The City Council discussed the 2:00 a.m. closing law at a study session on June 23, 2003, and Council agreed to leave the bar closing time in the City Code at 1:00 a.m. until a request to change the closing time is received. Ref's Sports Bar & Grill, 2545 County Road 10, has submitted a request to the City to change the closing time to 2:00 a.m. You've asked me to poll contiguous cities to find out if they will be following the new State law or keeping bar closing at 1:00 a.m. Following are the results (note: Fridley had just surveyed a number of cities with the same question, and the results of those cities are also included): • Contieuous Cities Brooklyn Park 2:00 am *: 4 requests received; Council has already authorized approval Crystal 2:00 am *; 2 requests received; Council to discuss 7/22/03 Fridley 1:00 am set by ordinance; 4 requests received; Council to discuss 8/14/03 Minneapolis 2:00 am* Robbinsdale 2:00 am* Other Cities Andover 1:00 am Blaine 1:00 am; Council to re- discuss 9/4/03 Burnsville 1:00 am; Council currently discussing Coon Rapids 1:00 am; Council open to more discussion Eden Prairie 2:00 am; Ordinance adopted 7/1/03 Lakeville 2:00 am* Maple Grove 1:00 am; Council in consideration stage New Brighton 2:00 am; Ordinance in process of change from 1:00 am New Hope 1:00 am Plymouth 2:00 am* Spring Lake Park 1:00 am; Council in discussion phase One other note of information from Fridley is that Super Valu has submitted a letter regarding Cub Foods and inquired about the 2:00 a.m. closing law. Since Brooklyn Center has a Cub Foods, I thought you might be interested in that information. *City Code adopts Statutory language X301 Shingle Creek Parkway Recreation c Batton 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. 9f OMT City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: August 7, 2003 Re: Taxi Licensing Based on the review conducted by the Police Department, Chief Bechthold and I are leaning toward recommending that the City consider re- enacting a tax licensing ordinance. It appears that the ability to have other entities license cabs in lieu of City of Brooklyn Center licensing is becoming unfeasible. The same concerns remain to protect persons from riding in unsafe, underinsured vehicles driven by unknown persons who may have criminal histories or unsafe driving records. If we were to explore reinstituting City of Brooklyn Center licensing, we are inclined to license only the companies and the individual cabs and require the cab company to do the screening of drivers and to maintain a roster of drivers that is certified to the City for completeness of background checks and continuing monitoring of their eligibility. • 9 301 Shingle Creek Parkway .Y Recreation and Community m y 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 1 ��pOKLYN CEN BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Chief Scott Bechthold FROM: Lt. Curtis Lund DATE: August 7, 2003 SUBJECT: Taxicab Licensing On Tuesday morning, August 5, 2003, I met with Kenneth Ewer and Fred Bowen Sr., executive officers of All Around Transportation Service of Minnesota, Inc. All Around Transportation Service of Minnesota, Inc. owns and operates taxicabs in the Metro area, to include the City of Brooklyn Center. • Mr. Ewer and Mr. Bowen Sr. raised a concern with the Cit y Brookly of Brookl Center's current ordinance that regulates the licensing and operation of taxicabs in the City. Mr. Ewer indicated that the City of Brooklyn Center has made it impossible to satisfy the requirements of this ordinance, which requires all taxicabs operating in the City of Brooklyn Center to be licensed by the Metropolitan Airport Commission (MAC), as MAC will not issue any new taxicab licenses. I contacted MAC and spoke with the Supervisor of Land Operations. Land Operations is the division responsible for issuing and regulating MAC taxicab licenses. MAC strictly regulates the number of taxicab licensed they issue. They have not increased the number of taxicab licenses issued since 1999 and do not plan to do so in the near future. MAC is of the opinion that their current number of licensed taxicabs is more than adequate to serve their needs. On Thursday, August 7, 2003, I conducted a survey of surrounding City's and City's in Hennepin Co. that I know to license taxicabs. City of Brooklyn Park They do not license nor do they require taxicabs operating in their City to be licensed in another City. • City of Crustal They do not license nor do they require taxicabs operating in their City to be licensed in another City. The City of Crystal repealed their taxicab licensing ordinance a number of years ago when it was thought that the MET Counsel would be taking over the licensing of taxicabs in the metro area. 2 Citv of Robbinsdale • They do not license. They do require that a taxicab be licensed in another City. Citv of Blaine On Thursday evening, August 7, 2003, the City Council will be repealing their current ordinance after which they will no longer require taxicabs to be licensed to operate. Citv of Fridlev They license both taxicabs and the drivers on a yearly basis. They require all taxicabs picking up fares in the City to have a Fridley taxicab license. They conduct background checks, inspect the taxicabs, and require proof of insurance. Citv of Bloomineton They issue Company Licenses on a yearly basis. A Company License requires applicants to license at least six taxicabs and drivers. They conduct background checks, financial checks, vehicle inspections, require an FCC radio license, and proof of insurance. They are looking at getting out of the licensing business, as they have become the licensing authority for surrounding City's. • City of Minneapolis They license both taxicabs and the drivers on a yearly basis. They conduct background checks, inspect the vehicles two times a year, require that the vehicle is no older than five years old, proof of insurance, and meet an appearance standard. Taxicabs licensed by the City of Minneapolis can pickup fares only in the City of Minneapolis. If a taxicab licensed by the City of Minneapolis picks up in a City other than Minneapolis, regardless if that taxicab is also licensed in that City, the taxicab is subject to having its Minneapolis license revoked. The City of Minneapolis' reasoning is they don't want to become the licensing authority for the Metro area. • • AGENDA CITY COUNCIL WORK SESSION August 11, 2003 Immediately Following Regular City Council Meeting Council Commission Conference Room 1. Gary Grove, 6520 Ewing Avenue 2. Council Member Niesen a. Public Hearings b. Agenda content and process c. City Council minutes d. Policy on semi - annual reporting on lost property received and disposed e. Liaison to Shingle Creek Watershed Commission & minutes from meetings 3. Council Member Lasman a. League of Minnesota Cities Annual Conference 4. Council Member Carmody a. Gun issue • b. Handling and communicating regarding citizen inquiries to the whole council 5. Council Member Peppe a. Parking on Jerry's New Market site 6. Second Liquor Store study a. Direction to proceed or not with negotiating a potential lease 7. Review of legal service proposals a. Direction on how City Council wishes to proceed 8. Next work session date 9. Miscellaneous 10. Adj ourn • pOKLYN CE pr BROOKLYN CENTER ; POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: August 6, 2003 SUBJECT: Update on 6520 Ewing Ave. N. On June 4, 2003, NLO Matt Koncar sent the first letter of code violation to Gary Grove, property owner at the above address, requesting compliance to peeling paint under Section 12 -702 of the City Code. As stated in the letter, the time period for coming into compliance is 60 days. On August 6, 2003, NLO Koncar conducted a follow -up inspection of the premises and found no compliance to the June 4 th letter. As a result, a second letter has been sent that will once again notify the • homeowner of the problem and give another 60 -day period to come into compliance. Attached to this memorandum are pictures of August 6 th follow -up inspection. • r T, City of .Brooklyn Center A Millennium Community • June 04, 2003 Gary Grove 6520 EWins Ave N Brooklyn Center. MN 55430 Dear Resident: The City of Brooklyn Center City Council has adopted certain ordinances in an effort to keep our city clean and maintain good relations between neighbors. The following items covered by City ordinances have recently been noted at the address listed above. Your cooperation in taking care of the items would be appreciated and avoid the additional time and expense of formal actions by the City if the conditions are not corrected within the times set below. You have 60 days from the date of this letter to do the following. Please scrape and paint peeling areas on front posts on house. Section 12_702 Foundations/Ext Walls/Roofs • Doing your part to keep the City of Brooklyn Center a great place to live will be appreciated. If you have questions, please contact me at 763.503.3270. Sincerely, NLO Matthew Koncar Brooklyn Center Police Department X301 Shingle Creek Parkway Recreation and Community enter Phone & y 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 Brooklyn Center Code Enforcement Complaint Form Property Address. L Owner's Name: • Taken by: 31-,�o Date: Complaint: Name of Complainant: Phone Number: Address: Request Ordinance Description Status Orders Garbage Storage/Removal ❑ acceptable r not acceptable (Ord. 7-102,19-103.3) ]L Accumulation of Rubbish/ F acceptable ❑ not acceptable 4: Brush/Debris (Ord. 19-103.4) 1r-1% Acc. of Junk/Furniture/ ❑ acceptable ❑ not acceptable Appliances (Ord. 19-103.1) Illegal Parking/Storage of ❑ acceptable ❑ not acceptable Vehicle (Ord. 19-103.14) Unlicensed Inoperable ❑ acceptable ❑ not acceptable Vehicles (Ord. 19-1301-03) Screen on Dumpsters — com. ❑ acceptable ❑ not acceptable (Ord. 7-102, 19-103.3) Abandoned Vehicles ❑ acceptable ❑ not acceptable (Ord. 19-1003) Parts/Engines & Related ❑ acceptable ❑ not acceptable 1p ; Items (Ord. 19-1304) Parking/Storage of Constr/ Com. Vehicles (Ord. 19-103.12) El acceptable M not acceptable Yard Maintenance (seed/sod) ❑ acceptable ❑ not acceptable (Ord. 12-317-711) Proper Addressing (Ord. 3-104) ❑ acceptable ❑ not acceptable Nuisance (Ord. 19-101) ❑ acceptable ❑ not acceptable Fences (Ord. 12-706) ❑ acceptable ❑ not acceptable Accessory Buildings ❑ acceptable ❑ not acceptable O (Ord. 12-707) W? Windows/Doors/Screens acceptable ❑ not acceptable Y (Ord. 12-703) Stairs ore s/Decks ❑ acceptable ❑ not acceptable (Ord. 12-406) ......................... FoundationE<Z;D 1:1 acceptable ❑ not acceptable r YI �/� �ti� �=S Roofs (Ord. 12-702) Driving/Parking Area Repair F acceptable ❑ not acceptable (Ord. 12-316) ­2 B eals e q x • L } F _ ' y r �• IY�]S' � t ,F, �i.iIYA�.i �7 ... k i t r t x • 9 r i , t r y a A WAS IT WDW, IN � a � ,� � � . � �. ' �� n t s5 �� �, a �'ry �' ,. F� �,. , � � err^+ ♦ I R a:,. � r k' � e ,. £ �i S �'s1 .. ,s..N: i '",^. "t xr e .ua '" <±�.ls; {. y OW. i n � �r J�rs�,l�W"� „ � `t 4� tw'x,+ �, ✓�S'` +rte 7 ,£i i ��s o-. �5', �, x � fff x .,� At w Or w x 1 two � q, <- �IG� + +t� � � '�`�,� '��., i f �� ..'r` ��,. v,�*E,�r,� y A � - �t �.► � y ��'iai h� ! rt '* 3 1 `+R # yy �A � 4r « 1 ,� �r x !• rM , sR r Y � 3N?" �3 2 t1"... _ � .� a . - •^`�.wk� � n�'4�`- _.. fib' tf �y rte' rt w � �^ s , �.` 1 a l l , a •`, �. '� � ��'�r. � # •. IAR, ;.' I ��t���`1t- ^ ,..,,� ".. � :.; �.. -..4 ^ �arn5ss I Ar , 'M k r 3 � ,x City Brooklyn y f n Center y A Millennium Community • To: Mayor Kragness and Council Member ody, Lasman, Niesen, and Peppe From: Michael J. McCaule City Manager Date: August 7, 2003 Re: Work Session Items 4 a. & b. Council Member Carmody provided the following information on Items 4 a. & 4 b.: 4 a. Gun Issue: Decide if we need to use staff or council time to debate this further if there are not three votes to support it and won't be in the future. 4. b. Council Communications with residents: I would just like us to share with each other (perhaps through Mike and/or our council packets) that we contacted a resident concerning a problem that was sent to all of us. For instance, I would like to know that the Lukes driveway is going being addressed by somebody but would prefer that • we don't all call them or Mike to address it. 9 1 Shingle Creek Parkway Recreation c on 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.cityolbrooklyncenter.org r City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembe armody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: August 6, 2003 SUBJECT: Parking on Jerry's New Market Site Councilmember Peppe wanted to briefly discuss parking on the Jerry's New Market site. Mr. Hoffman contacted the owner of the Jerry's parking lot. He had previously had conversations with the owner's representative regarding some of the parking issues. In speaking with Bob Shadduck of Jerry's Foods, Mr. Shadduck was unaware that some of the parking problems were occurring and had not been informed by his representatives. Mr. Shadduck indicated that he wished to work cooperatively with the City and did not want the parking that was occurring on the lot. Thus we anticipate that changes will be made to post the lot and to remove or prevent vehicles from being on • the lot. 0 01 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 of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCaule DATE: August 6, 2003 SUBJECT: Second Liquor Store Attached are copies of the materials that were provided to you last week of the feasibility study conducted for a second liquor store. As indicated in the materials, the financial review would indicate the potential for a net gain in revenue by operating a second liquor store. The more important issue is the policy direction that the Council wishes to take in this regard. The City Council over the past several years has had several discussions on the policy implications of being in the liquor business and what the parameters should be for continued liquor store operation. • The consolidation of all of our operations into one store has been successful in accomplishing a number of goals. We have basically maintained the same profitability at one location that we experienced by operating three locations. The City closed its operations on 69 and Humboldt in response to the Council's decision that the location surrounded by residential properties, especially multifamily residential complexes, was not appropriate. There are several potential challenges facing municipal liquor operations. There are some in the Legislature who would like to require cities to discontinue any type of enterprise activities, including liquor stores, conference centers, etc. This direction may or may not have sustainability in the Legislative discussion but it is currently a topic of study. The issue of wine in liquor stores has been raised in the last two Legislative sessions and has not gotten very far. Our lease for the facility by Cub Foods has an escape clause that allows us to walk away from the lease, without penalty, if we discontinue municipal liquor operations altogether. The landlord was willing to accept that provision in the lease because of an expectation that the facility would be filled by a private liquor store in the event the City discontinued municipal operation. The basic arguments in favor of municipal liquor are in the area of control and monetary benefit. The monetary benefit is self evident in the amounts of money that are earned from municipal liquor which are far in excess of any license fees that would be generated. Since the City leases the Cub Foods location, we pay real estate taxes on that space. Thus, there would be no difference in terms of real estate taxes of any appreciable amount between a private liquor store at that location and our municipal liquor. As you can see from the liquor study, our revenues are the highest in the area study. Since income is often used to determine property value, a private facility might even have a 001 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 lower taxable value. The control portion of the arguments that are raised in favor of municipal liquor • reflect that fewer municipal stores are present with municipal liquor then would be anticipated if private liquor were allowed. The Council also has greater control over where liquor stores maybe located with municipal liquor, as well as greater ability to impact how a store is operated. The maximum fee permitted by the State of Minnesota for off-sale intoxicating liquor license is $200 for a city over 10,000 that is not a city of the first class (Minnesota Statutes Section 348.408 Subdivision 3). I am requesting direction from the City Council if you would like us to go forward to see if we could negotiate a satisfactory lease for a second liquor store or if the Council wishes to remain at one location only. • • • MEMO DATE: July 23, 2003 TO: Mike McCauley, City Manager FROM: Curt Boganey, Assistant City Mana400 RE: Second Liquor Store Analysis On May 6th I submitted an initial response to your directive that I thoroughly assess the pros and cons associated with opening a new liquor store. In that response, I recommended that a business plan be developed and that we engage a consultant to prepare the necessary market study for this plan. Subsequent to my recommendation, Dakota Worldwide Corporation was engaged to complete a market study that would determine the market feasibility for a new municipal liquor store at 69 and Brooklyn Blvd, in the Shopping managed by Westbrook, Inc. and to determine the potential impact on our current store BC Liquor at Bass Lake and Xerxes Avenue. Len Sage the principal of the firm prepared the report. Scope • The market analysis began with customer spotting (sample survey) to determine the residential location of current customers. Following the spotting, Dakota Worldwide provided additional field analysis including evaluation of the site and the determination of the primary trade area (where the majority of the shoppers reside), and the study area (where all the competition is located). Competitors were identified and evaluated based upon facility size, sales volume, operations and merchandise /departments. Local government officials for all the communities that affected by the new store were queried; building permits and subdivision activity reports were reviewed to determine potential market changes and population variances from the 2000 Census, and any possible road changes that may affect traffic patterns at or near the site. Following the fieldwork Dakota Worldwide built a LOCUS model to represent the current marketplace. The Abalanced model was reviewed and screened by other analysts, in house, to ensure accuracy of the survey's final findings. The proposed site was projected at various sizes to determine optimum size. Sales projections were based upon the core customer, site characteristics, population changes, existing demographics, store operations, competitive strengths, transients as additional sales, and any possible market changes that are or will be likely to occur. Various "scenarios" were considered such as alternative sizes, and various competitive moves. • This analysis resulted in the following: A report for the new location containing: 1. Trade /Study area delineations: the area containing the majority of the population that could contribute to the sales of a store or stores located at a proposed site or sites, and the entire scope of the project that includes all the competitive stores affecting the site, also referred to as the study area. 2. Population/Demographics for the trade area: based on Census 2000, 2003 estimates and 2006 population projections from local data and Synergos Technologies data (utilizing US Postal zip code information). 3. Trade area data by sector (identified by census tract): the trade area is further defined by population segments, and is based on census tracts and block groups. 4. Competitive evaluation and information including photos: breaks out information such as volume, sizes, location, and performance characteristics. 5. Site evaluation including photos: the site is evaluated for its physical characteristics (i.e. visibility, ingress /egress, and parking), its position in • the trade area relative to competition, road network, and accessibility to the population. 6. Current market reports: shows the market place as it exists today with the population and potential available, competitive stores acceptance (image), sales and sales production by sales area. 7. Market shares by competitor or store group. The Chain Summary shows the competitions contribution from the trade area and their share of the available potential. 8. Correlation Reports which show the existing municipal liquor store's business from the trade area (draw), and its market share penetration as derived from the customer spotting data and correlation to the LOCUS model's market share determinations. 9. Potential competitive moves including known and proposed changes (i.e. remodels and expansion of existing units, and new competition). 10. Sales Forecasts for each scenario including the sites performance, and the effects on existing competition including the existing Brooklyn Center municipal store. 11. Three -year growth patterns for the site for each scenario. • • 12. Trade area maps with sector and trade area boundaries, competitor locations, market changes, and the site location. 13. Profit and loss and break -even analysis. A copy of the complete report from Dakota Worldwide is provided, but I will highlight the key findings: a. In the near term four market changes are likely to occur Jerry's Wine and Spirits sales are expected to improve with road construction on Broadway Avenue. Chalet Liquor will downsize, Star Liquor in the Village North Shopping Center has closed, and North Ridge Liquor will relocate to the redeveloped Shopping Center. b. MGM with two stores is the market share leader with 13.72 % followed by Brooklyn Park Liquor (10.36 %) and BC Liquor at 10.24 %. c. The proposed site at 69` and Brooklyn Blvd is a good location due to traffic volumes, though visibility is better at the south end of the center. Good signing will be important d. This site is a different type than BC Liquor, which is a shopping destination type. • This site is a convenience center well suited to serve quick stops and the local neighborhood. e. First year sales for a second Brooklyn Center Liquor store at the proposed site are estimated at $2,022,282 or $505.57 per square foot with a sales area of 4000 square feet. f. Projected first year net income for BC Liquor # 1 is conservatively estimated to be $ 179,129.64 g. Projected first year net income for BC Liquor # 2 is conservatively estimated to be $ 116,537.64 h. Combined net income in the first year is estimated to be $ 295,566.64 i. These net income estimates are based upon combined sales of $ 5,415,622.and represents a return of 5.46 % j. The net income estimates do not include non - operating income i.e. interest earnings. While estimated lease hold improvements are included in the depreciation expenses for Store # 2 there is no provision for interest or other expenses associated with advances used to cover the cost of leasehold • improvements estimated at $ 250,000.00 Given the findings above, I believe there is a sufficient basis exist to proceed with the • following steps: ♦ Complete three -year pro -forma analysis for two stores. ♦ Negotiate lease with Westbrook ♦ Determine specific leasehold improvements, cost estimate and means of funding improvements. ♦ Present to City Council for consideration. ♦ If approved contract for improvements. ♦ Set opening date, hire and train staff. Though it may not be possible at this late date, ideally, the new store should open by November 1, 2003 to take advantage of the peak holiday sales period. I am available at your leisure to discuss my recommendations and the report findings with you. • Enclosure • • July22, 2003 Mr. Curt Boganey City of Brooklyn Center 6301 Shingle Creek Parkway, Brooklyn Center, MN 554302199 Dear Curt: Enclosed please find two revised hard copies and a CD of the Brooklyn Center, Minnesota Municipal Liquor Store market analysis study. I have evaluated the one location at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard at a total size of 6,862 square feet tested at 4,000 sales area square feet. • I tested alternative sizes of 8,000 total square feet (4,725 sales area square feet) and 4,600 total square feet (2,725 sales area square feet) and a profit and loss analysis will best determine which size fits your situation. Thank you for selecting Dakota Worldwide for this market study. We hope that you find this study insightful with your strategic planning. Please call if you have any questions or if Dakota Worldwide can be of further assistance to you. Sincerely, Len Sage Enclosures • • Brooklyn Center, Minnesota • Prepared for: City of BrooklynCenter By: Dakota Worldwide Corporation June 2003 CBC001 • • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page i Table of Contents Page ExecutiveSummary ......................................................................................... ..............................1 Three -Year Growth Pattern ........................................................................ ..............................2 TradeArea Delineation ............................................................................... ..............................3 Population Trade Area Potential ................................................................. ..............................3 Competition................................................................................................ ..............................4 MarketShares by Chain ............................................................................. .............................10 SiteEvaluation/ Analysis ............................................................................ .............................14 Analysis ............................................................................................................ .............................15 Assumptions.............................................................................................. .............................15 Competitor Information & Evaluation ....................................................... .............................16 TradeArea Data by Sector ........................................................................ .............................19 Appendix .......................................................................................................... .............................22 • Current Market Reports ............................................................................. .............................22 Scenario / Projections .............................................................................. ............................... 30 Definitions................................................................................................. .............................39 Qualifier..................................................................................................... .............................40 SourceData ................................................................................................ .............................41 • Dakota Worldwide Coro. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CB COO] — June 2003) Page I Executive Summary The purpose of this study is to determine the feasibility of opening a second municipal liquor store, tested at 6,862 total square feet with a tested size of 4,000 sales area square feet, at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard (Site 1000) in Brooklyn Center, Minnesota. Four market changes are likely to occur: Jerry's Wine & Spirits image and sales improve with the completion of road construction on Broadway Avenue, Chalet Liquor downsizes, Star Liquor in the Village North Shopping Center is closed, and North Ridge Liquor relocates to the redeveloped Zanebrook Shopping Center. This trade area includes most of the city of Brooklyn Center, most of Brooklyn Park, and a small part of Crystal. New growth has been less than 1.5% since the 2000 Census, and future new growth will be just over 3 %, primarily in redevelopments in Brooklyn Park in the Zanebrook area and also in Brooklyn Park north of 78 Avenue. There is one senior housing project of 80 units planned in Brooklyn Center just northeast of the site. MGM with two stores is the market share leader with a 13.72 %, followed by Brooklyn Park Liquors (10.36 %), BC Liquor (10.24 %), and North Ridge Liquor (8.06 %). The remaining stores all have well under a 10% market share from the trade area. BC Liquors, with just over half of • its business from this trade area, has the highest volume and image in the trade area. Site 1000 is proposed for a neighborhood strip center at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard. Culver's is adjacent and new tenants already signed or open are Chez Cafe and Subway. Physically this is a good location on a heavily traveled major arterial and is less than a half mile from I -94. Ingress /egress, parking and visibility are adequate. However, visibility is better at the south end of the center than the north because Culver's partially obstructs visibility of the north end of the strip from the intersection. Good signing would be a plus at this location. While this is a good site, it is a different type of location than the existing store's location. BC Liquor's site next to Cub in the Brookdale area is a shopping destination type of site, while the proposed site is a convenience center well suited to serve quick stops and the local neighborhood. In summation, first -year sales for a second Brooklyn Center Liquor store at Site 1000 are $2,022,282 or $505.57 per square foot, with a sales area of 4,000 square feet (6,862 total square feet). These sales reflect the competitive changes listed in the text of this study. The sizes used for the new North Ridge Liquor and downsized Chalet Liquor are based on current speculation and can be updated once their actual new sizes are determined. • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 2 Decision Matrix Table I Decision Matrix Brooklyn Center Liquor Brooklyn Center, Minnesota Current Market Changes Map Key/Location Market Scenario 1 Scenario 2 Scenario 3 MK 1 $3,435,556 $3,491,610 $3,137,537 $3,191,807 $3,109,836 Bass lake Rd /Xerxes Ave. $922.30/sf $937.34/sf. $842.29/sf. $856.86/sf. $834.86/sf. Site 1000 Not Open Not Open $2,022,282 $1,474,305 $2,305,786 69` Ave. N. /Brooklyn Blvd. $505.57/sf $541.03 $488.00/sf. Total $3,435,556 $3,491,610 $5,159,819 $4,666,112 $5,415,622 $ /sf. $922.30/sf. $937.34/sf. $667.94/sf. $723.43/sf. $640.90/sf. M.S. 10.24% 10.39% 18.75% 16.26% 20.04% Market Changes: Jerry's Wine & Spirits (Map Key 2/2.1) image improves with the reopening of Broadway Avenue. • Chalet Liquor (Map Key 7/7.1) downsizes at a tested size of 2,500 sales area square feet vs. 4,450 square feet of existing sales area. Star Liquor in the Village North Shopping Center in Brooklyn Park (Map Key 11) is closed. North Ridge Liquor at Regent and Zane (Map Key 12) relocates to the Zanebrook Shopping Center (Map Key 100) tested at 3,000 sales area square feet. Scenario 1: Brooklyn Center opens a second municipal liquor store with 6,862 total square feet (4,000 sales area square feet) at the northeast quadrant of 69th Avenue North. and Brooklyn Boulevard (Site 1000), with market changes in effect. Scenario 2: Brooklyn Center opens a second municipal liquor store with 4,600 total square feet (2,725 sales area square feet) at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard (Site 1000), with market changes in effect. Scenario 3: Brooklyn Center opens a second municipal liquor store with 8,000 total square feet (4,725 sales area square feet) at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard (Site 1000), with market changes in effect. • Dakota Worldwide Corn. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBCOOI — June 2003) Page 3 Trade Area Delineation Geographic barriers, the existing road network, traffic volumes, the site's relationship to competition, and results from the customer spotting determined the trade area boundaries. It includes most of Brooklyn Center, a major part of Brooklyn Park, and a small portion of Crystal. At its widest points, the trade area extends 5 miles north to south and 4.5 miles east to west. Approximately 95% of the proposed facility's volume and 55% of the existing BC Liquor is from inside this trade area. Primary Trade Area Potential Table 2 Population & Potential Summary 2003 Potential $18,456,841 P.C.E. $212.53 2000 Census Population 85,693 2003 Estimated Population 86,842 • 2006 Estimated Population 89,669 The current population in the trade area is 86,842 people and the average annual per capita expenditure for liquor. is $212.53, ranging from a high of $242.43 in Sector 41 to a low of $193.98 in Sector 13. The total potential is $18,456,841, and the 17 facilities identified are receiving $15,832,056 or an 85.78% market share. Total float, which consists of facilities outside the trade area, and the sales of 3.2 beer in grocery stores is $2,624,786 or 14.22 %. The 2002 median income for the trade area is $56,628 with an average family size of 2.67 people. Its demographic makeup is 70.4% white, 15.0% black, 2.9% Hispanic and 9.3% Asian, with 27.6% under the age of 18, 9.1% over the age of 65, .0% college and .0% military. The trade area is experiencing little new housing growth except for redevelopment in Brooklyn Park in Sectors 18 and 34, and in the northern part of the trade area also in Brooklyn Park in, Sectors 31 -33, 38 and 40 -43. There are also plans for an 80 unit senior housing project just northeast of the site in Brooklyn Center and some scattered new growth throughout the balance of the trade area. • Dakota Worldwide Corn. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001— June 2003) Page 4 Competition Table 3 Facility Profile 2003 Number of Facilities - Total 17 Total Trade Area Potential $18,456,841 Facility Sales Within Trade Area $15,832,056 Percent of Sales from Trade Area 85.22% Float $2,624,786 Percent Float 14.22% Highest Volume Facility BC Liquor (Map Key 1) $3,435,556 Largest Facility - sales area MGM Liquor Whse (Map Key 8) 6,900 SSF. Sales Per Square Foot (sales area) Average $500.20 High (Pixie Liquor - Map Key 14) $923.08 Low (Star Liquor - Map Key 11) $204.08 • Combined, the 17 facilities contain a total of 52,050 square feet with total sales of $26,035,556. The facilities average 3,062 square feet and $1,531,503 in sales. The average sales per square foot are $500.20. Contributing to the float dollars are 3.2 beer sales in grocery stores, and stores outside the study area that may capture business from the trade area, which are surrounding. liquor stores in Minneapolis, Osseo, southern Crystal, New Hope, Robbinsdale, and east of the Mississippi River. • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC00] — June 2003) Page 5 Competition Chain /Independents MGM Liquor Warehouse 2 Facilities 12,200 square feet 13.72% Market Share The average annual sales for the chain are $2,600,000 or $426.23 per square foot. MGM Liquor Warehouse has a number of larger liquor store operations throughout the metro area, both franchise and corporate, and Map Key 4 is franchised. These larger units emphasize a price image, and have a good selection of wines and liquors. Brooklyn Park Liquors 1 Facility 3,800 square feet 10.36% Market Share The average annual sales for the store are $2,250,000 or $592.11 per square foot. This is a newly relocated unit in the Edinbourgh Center. It has a very good variety of wines and liquor along with a good selection of beer. • BC Liquor 1 Facility 3,725 square feet 10.24% Market Share The average annaul sales for the store are $3,435,556 or $922.30 per square foot. BC Liquor is the only municipal within the trade area and is the highest volume store as well. This store benefits from its position as a municipal as well as its location adjacent to Cub Foods in the Brookdale shopping area. North Ridge Liquor 1 Facility 2,400 square feet 8.06% Market Share The average annual sales for the store are $1,750,000 or $729.17 per square foot. This is a decent neighborhood store in a primarily black area, which will relocate to the Zanebrook Shopping Center as part of 230 plus acre redevelopment project in Brooklyn Park. This unit has a well balanced inventory and good neighborhood acceptance. • Dakota Worldwide Coro. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBCOOI — June 2003) Page 6 Gold Key Liquor 1 Facility 2,400 square feet 6.91% Market Share The average annual sales for the store are $1,500,000 or $625.00 per square foot. Gold Key Liquor is located in a small strip center behind Zanebrook. Current plans by the city are to not redevelop the center even though it is in the development area. This store has a fairly good wine selection although its wine distribution has been slipping recently while beer distribution has increased. This is due to a changing demographics in this area. Pixie Liquors 1 Facility 1,300 square feet 5.85% Market Share The average annual sales for the store are $1,200,000 or $923.08 per square foot. This is an average neighborhood store located in the southeast part of Brooklyn Park. Zak's, a convenience store is Pixie's only adjacent help. Star Liquor 1 Facility • 4,900 square feet 5.15% Market Share The average annual sales for the store are $1,000,000 or $204.08 per square foot. Star is located in Village North Shopping center that is being redeveloped for new mixed -use residential housing. This store should be closed by the end of June 2003, and a close out sale was in process during the fieldwork for this project. Star Liquor is a small chain of independent liquor stores. When this store closes it will not be replaced and the remaining stores are expected to partially absorb this units sales. Kelly's Liquors 1 Facility 1,350 square feet 5.15% Market Share The average annual sales for the store are $1,000,000 or $740.74 per square foot. This is a decent neighborhood store located in a strip center with miscellaneous retail and a Bill's Superette. • Dakota Worldwide Coro. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 7 Chalet Liquors 1 Facility 4,450 square feet 4.88% Market Share The average annual sales for the store are $1,500,000 or $337.08 per square foot. This franchised Chalet Liquors is large for its volume and the owner would reportedly sell or downsize. The size decrease is tested in this study since merchandise was being moved the day this store was visited. This is an average store, but it has been affected by the nearby Cub Discount Liquors with low pricing on beer, key wine and liquor merchandise items. Par 4 Liquors 1 Facility 1,900 square feet 4.06% Market Share The average annual sales for the store are $1,000,000 or $526.32 per square foot. This is another of the small neighborhood stores, and has a fairly good selection of wines. G -Will Liquors 1 Facility 5,000 square feet • 3.25% Market Share The average annual sales for the store are $2,000,000 or $400.00 per square foot. This store is located outside of the trade area, but does attract business because of its price image for beer and a good wine and liquor selection. This is one of the smallest of the G -Will stores in both size and volume. Cub Discount Liquor 1 Facility 3,550 square feet 3.25% Market Share The average annual sales for the store are $1,000,000 or $281.69 per square foot. Recently Cub Foods set aside "stand alone" liquor space in three of its stores including this Brooklyn Park location. There is no cooler and selection is limited. It does carry the high movement items, and is priced low on the major beer items. It is likely much of the liquor store operation functions as a "lost leader" for the food store. Up North Liquor 1 Facility 1,500 square feet 2.71% Market Share The average annual sales for the store are $1,250,000 or $833.33 per square foot. This is a new neighborhood store in the high growth area of Brooklyn Park north of MN 610. It is in a strip center with shops, an Italian restaurant, and a full service Mobil Station and c- store. This store does carry a good selection of wine and liquor, and does cater to the higher income areas of • Brooklyn Park. Dakota Worldwide Coro. 48018 1 " Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 8 Park Liquor Warehouse 1 Facility 1,250 square feet 1.46% Market Share The average annual sales for the store are $600,000 or $480.00 per square foot. This small store is not well merchandised or kept up, and is primarily a beer store. New Hope Liquor 1 Facility 1,325 square feet 0.41% Market Share The average annual sales for the store are $750,000 or $566.04 per square foot. This is one of two independent stores operated by one family. It is average in selection in all departments. Jerry's Wine & Spirits 1 Facility 1,000 square feet 0.33% Market Share The average annual sales for the store are $600,000 or $600.00 per square foot. This store is also outside of the trade area, but will attract some business from within the trade area via Broadway • Avenue, especially when the roadwork is completed. Sales have been down by over 10% during the road construction period. • Dakota Worldwide Coro. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 9 Methodology Off -Sale The sales forecasts generated in this report for a second Brooklyn Center Municipal Liquor Store are based on the use of a gravity model (LOCUS 2002). This is done via a market simulation of a site's primary trade area using important demand and supply information. Once a simulation is created, changes to equilibrium can be introduced for redistributing sales, forming the basis of a sales forecast. Demand information includes determining retail potential by defining where consumers live and what they spend for liquor -at -home purchases. Trade area boundaries are determined by the existing road network, geographic, boundaries, the placement of competition, and in this case, data from the customer spotting for the existing BC Liquor. Population sectors (combinations of census block groups) form the basic grouping of population, and normally range in size between 1,000 and 3,500 people. Sector boundaries fall within the boundaries of census tractsiblock groups and usually follow geographic features such as major roads, rivers, city limits and the like. Each population sector is assigned a retail liquor expenditure level and adjusted by major • determinants, including family sizes and household incomes. Combining a sector's population with its expenditure level yield's liquor potential, here formulated on an annual basis. The supply components of the gravity model are store sales and an estimate of how much business a particular store generates from inside the trade area. Based on a store's location, relative to an identified trade area and store size or format, the unit will receive a certain percentage of its business from this defined area. The gravity model distributes store sales throughout the trade area based on certain parameters assigned to the store. These include store size (based on sales area), annual volume, draw (business inside the trade area), pulling power and image. Larger units such as MGM Liquors and Cub Discount Liquor have "flatter" market shares over distance than smaller units such as Jerry's Wine & Spirits and Park Liquor Warehouse. Store image is based on customer acceptance of a unit as exhibited by store performance. This value is fairly subjective and relates heavily to the strength of other competitors in the area, their distances to one another and their distances to the various population sectors. An image of 100 represents an average image. BC Liquor has the highest image in the trade area at 138. Stores with above average images are attracting more business than average, and those with below average images exhibit a weakness in consumer acceptance. The projected store at Site 1000 is simulated at a 143 image to reflect the store's performance, uniqueness, its central location in the trade area, and acceptance in the community. • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 10 Market Shares by Chain Cub Discount Liquor Park Liquor Warehouse 3.25% Up h Liquor 2.71% 1.46% New Hope Liquor 0.41% Jerry's Wine & Spirits G -Will Liquors 3.25% _ 0.33% Float 14.22% Par 4 Liquors Chalet Liquor 4.88% MGM Liquor Warehoui (2) 13.72% Kelly's Liquors 5.15% — Star Liquor 5.15 % — Brooklyn Park Liquor 10.36% Pixie Liquor 5.85% Gold Key Liquor 6.91% North Ridge Liquor BC Ligour 10.24% 8.06% • • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 - June 2003) Page 11 • Correlation Customer spottings were prepared from interviews conducted at the existing BC Liquors from May 16 -17 and May 19 -20. The following and table summarizes their use: Total Usable No. spots % Business Draw Facility Total Spots Spots within T.A from T.A. Used BC Liquor (MK 1) 450 376 198 52.66% 55 The customer spotting data was also correlated with the model to better simulate BC Liquor's market share distributions in the trade area. Any correlation over 80% is considered acceptable BC Liquors correlated at 99% for both market share and sales dollars. CORRELATION REPORTS Facility Map Key = 1 May 2003 BC Liquor Sector - - -- Market Share - -- ---------- Sales---- - - - - -- Map Key Model Corr. Dif. Model Corr. Dif. Miles 1 34.53 31.58 2.94 135,629 124,062 11,567 1.51 • 2 42.24 38.58 3.66 188,059 171,778 16,281 1.57 3 78.08 84.02 -5.94 274,927 295,840 - 20,913 .82 4 65.22 63.99 1.23 223,717 219,494 4,224 .73 5 49.16 44.75 4.41 62,902 57,259 5,642 .20 6 27.96 24.27 3.69 32,982 28,630 4,353 .47 7 49.10 49.42 -.31 199,140 200,407 -1,268 .88 8 36.82 39.55 -2.73 159,918 171,778 - 11,859 .76 9 22.03 26.30 -4.27 71,953 85,889 - 13,936 1.30 10 10.60 6.65 3.95 30,436 19,086 11,350 1.54 11 8.97 5.51 3.47 31,100 19,086 12,013 1.65 12 5.50 1.38 4.12 38,079 9,543 28,536 2.06 13 2.77 5.32 -2.55 4,969 9,543 -4,575 2.57 18 .55 2.37 -1.82 2,216 9,543 -7,327 3.26 19 1.90 1.87 .03 9,685 9,543 141 2.58 20 6.26 10.86 -4.59 27,535 47,716 - 20,181 2.09 21 11.86 17.17 -5.31 59,347 85,889 - 26,542 1.83 22 14.93 15.67 -.74 63,644 66,802 -3,158 1.96 23 22.78 24.99 -2.21 113,114 124,062 - 10,948 2.00 24 7.47 4.01 3.46 35,534 19,086 16,448 2.52 25 4.53 2.66 1.87 16,234 9,543 6,691 2.89 27 .96 2.61 -1.65 3,511 9,543 -6,032 3.84 29 2.42 2.04 .38 11,336 9,543 1,793 2.95 30 2.24 6.56 -4.31 9,796 28,630 - 18,833 2.92 31 2.64 4.36 -1.72 17,342 28,630 - 11,288 2.67 32 1.05 2.61 -1.55 3,861 9,543 -5,683 3.34 37 .25 2.04 -1.80 1,158 9,543 -8,386 4.11 43 .39 2.73 -2.34 1,361 9,543 -8,183 4.32 Totals -10.63 - 60,071 Coefficient .99 0.99 Dakota Worldwide Cora. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 12 Site 1000 69' Avenue N. and Brooklyn Boulevard Aerial View Prior to Center Construction F: Site 1i� .� yp ¢` • Dakota Worldwide Cora. 4801 81' Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 13 Site 1000 69 Avenue N. and Brooklyn Boulevard View to the North /Northeast �3 I View from the East =^ T` • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 -- June 2003) Page 14 • Table 4 Site Evaluation 69 Avenue North and Brooklyn Boulevard Site 1000 Total Area 8,000, 6,862 and 4,600 square feet Sales Area 4,725, 4,000 and 2,725 square feet. Proposed Parking Assumed Ample Co- Tenants Subway, Chez Cafe (coffee shop), proposed shops & S.A. Grade of Lot Level Current Land Use Retail/commercial Adjacent Land Use Culver's Restaurant. Street Conditions Brooklyn Boulevard — 6 -lane major arterial with turn lanes (40 MPH). 69 Avenue N. — 2 -4 lane city street with turn lanes (30 MPH). Traffic Controls Traffic signal with turn arrows. Traffic Flow East/West, and northwest to southeast. • Traffic Counts Intersection of: Brooklyn Blvd. and 69 Avenue North 2001 ADT Brooklyn Blvd: - 31,800 north of int. and 40,500 south of int. 69 Avenue N: - 10,100 west of int. and 13,000 east of int. Visibility Good Accessibility Good Ingress /Egress Good Transient Exposure Excellent Analysis Physically this is a good location on a heavily traveled major arterial road, which is less than a half a mile from 1 -94. Ingress /egress should be adequate as is accessibility, especially from the Brooklyn Park portion of the trade area. Visibility is also adequate, but better at the south end of the center than the north because Culver's partially obstructs visibility of the north end of the strip from the intersection. While this is a good site, it is an entirely different kind of location than the existing store. BC Liquor's present location is adjacent to Cub and near the Brookdale Mall. This location has less traffic in its vicinity than the proposed location (10,000 vehicles per day), but is a destination location while the new site is a convenience or quick stop spot on a major commuting route. • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — June 2003) Page 15 Analysis Assumptions The sales projections presented in this study are based on the following key assumptions: • The new facility will be a 6,862 square foot facility with a sales area estimated at 4,000 square feet. • Population in the trade area will be at or near levels predicted by the local governments and Synergos Technologies, Inc. • The sales projections are expressed in constant 2003 dollars, with no adjustments made for inflation. • Sales projections are relative to an opening in September of 2003. • Pricing will be perceived as competitive in relation to the existing competition. • • The new store's management will be knowledgeable and proficient in the management of an urban municipal liquor store. • The following market changes will take place: • Jerry's Wine & Spirits (Map Key 2/2.1) image improves with the reopening of Broadway Avenue. • Chalet Liquor (Map Key 7/7.1) downsizes at a tested size of 2,500 sales area square feet vs. 4,450 sales area square feet of existing area. • Star Liquor i h n the Village North Shopping q g Center in Brooklyn Park (Map Key 11) is closed. • North Ridge Liquor at Regent and Zane (Map Key 12) relocates to the Zanebrook Shopping Center (Map Key 100) tested at 3,000 sf. sales. • Dakota Worldwide Coro. 4801 81$' Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • • • Brooklyn Center, Minnesota Market Study (CBC001 -- May 2003) Page 16 Competitor Information & Evaluation Map Name Total Sales Annual Check Prim Ext Int Key Address Area Area Volume Outs Park Ops Cond Cond Beer Wine Liquor Other Adjacent Retail Store Hours 1 BC Liquor 6,300 3,725 $3,435,556 3 20 4 4 4 4 4 4 3 Cub, shops, Burger King 9 -8 Mon - Thurs, 9 -10 Fri-Sat, Bass Lake/Xerxes Brookdale Closed Sun i 2 Jerry's Wine & S 2,900 1,000 $600,000 2 8 3 2 2 3 2 2 1 Freestanding 8:30 -8 Mon - Thurs, 8 -10 Sat, Fairview/Broadway Closed Sun 3 New Hope Liquor 2,300 1,325 $750,000 2 12 3 3 3 3 3 3 2 Small shops, Tobacco 8 -8 Mon - Thurs, 9 -10 Fri-Sat, Bass Lake/Winnetka Closed Sun 4 MGM Liquor Whse 6,300 5,300 $2,350,000 3 25 3 3 3 4 4 4 3 Freestanding 8 -8 Mon - Thurs, 9 -10 Fri-Sat, Bass Lake/Elmhurst Mattress Liquidators, Closed Sun 5 G -Will Liquors 7,500 5,000 $2,000,000 2 40 4 4 4 4 4 4 3 Cherokee Ace Hdwe, 9 -8 Mon - Thurs, 9 -10 Fri -Sat, 63'd/Boone Bills Superette Closed Sun 6 Park Liquor Whse 1,600 1,250 $600,000 1 8 2 2 2 2 1 2 1 Smokies, Barber &Salon 9 -8 Mon - Thurs, 9 -10 Fri-Sat, 63rd/Broadway Closed Sun 7 Chalet Liquors 7,300 4,450 $1,500,000 2 55 3 3 2 3 3 3 2 Rainbow, shops 9 -8 Mon - Thurs, 9 -10 Fri-Sat, Brooklyn/Broadway Closed Sun 8 MGM Liquor Whse 8,700 6,900 $2,850,000 3 70 4 4 4 4 4 4 3 Oriental Foods, shops 9 -8 Mon - Thurs, 9 -10 Fri, Brooklyn/Broadway 8 -10 Sat Closed Sun Dakota Worldwide CorD. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 — May 2003) Page 17 Map Name Total Sales Annual Check Prim Ext Int Key Address Area Area Volume Outs Park Ops Cond Cond Beer Wine Liquor Other Adjacent Retail Store Hours 9 Cub Discount Liq 3,800 3,550 $1,000,000 2 75 4 4 3 3 3 3 1 Cub Foods, 9 -8 Mon - Thurs, 9 -10 Fri-Sat, Brooklyn/Broadway Target Greatland Closed Sun 10 Gold Key Liquor 3,700 2,400 $1,500,000 2 10 3 3 3 3 3 3 1 Shops 8:30 -8 Mon - Thurs, 9 -10 Fr -Sat, Brookdale/Yates Zanebrook Closed Sun 11 Star Liquor 9,000 4,900 $1,000,000 2 20 3 3 3 3 3 3 1 Village North Shp Ctr 8:30 -8 Mon - Thurs, 9 -10 Fr -Sat, Brooklyn/Zane Shp Ctr & Store closing Closed Sun 12 North Ridge Liqu 4,400 2 $1,750,000 2 20 3 3 3 3 3 3 2 Shops, store 8 -8 Mon - Thurs, 9 -10 Fri-Sat, Regent/Zane to relocate to Zanebrook Closed Sun 13 Kelly's Liquors 3,500 1,350 $1,000,000 2 10 3 4 3 3 3 3 2 Bill's Superette, shops 9 -8 Mon - Thurs, 9 -10 Fri -Sat, Brookdale /Xerxes Closed Sun 14 Pixie Liquors 3,700 1,300 $1,200,000 2 15 3 3 3 3 2 2 1 Zak's C -Store 9 -8 Mon - Thurs, 9 -10 Fri-Sat, Brookdale /Humbolt Closed Sun 15 Par 4 Liquors 3,200 1,900 $1,000,000 2 15 3 3 3 3 3 3 2 Citgo /Speedy Mkt 9 -8 Mon - Thurs, 9 -10 Fri-Sat, 85th/Noble Papa Johns, Checker Auto Closed Sun 16 Brooklyn Park Li 6,500 3 $2,250,000 2 40 4 4 4 4 4 4 3 Freestanding, Adj Ctr. 9 -8 Mon - Thurs, 9 -10 Fri-Sat, Edinbourgh/Highway 252 Festival,Hollywood Video Closed Sun Dakota Worldwide Coro. 4801 81`` Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 — May 2003) Page 18 Map Name Total Sales Annual Check Prim Ext Int Key Address Area Area Volume Outs Park Ops Cond Cond Beer Wine Liquor Other Adjacent Retail Store Hours 17 Up North Liquor 2,300 1,500 $1,250,000 2 10 3 4 4 3 4 3 2 Taste of Italy Rstaurant 9:30 -8 Mon- Thurs, 9 -10 Fr -Sat, 95th/Noble Prkwy Mobil, shops Closed Sun Totals: 83,000 52,050 $26,035,556 Averages: 4,882 3,062 SISF.: $313.68 $500.20 Total Stores = 17 Evaluation Ratings: 0 -N /A; 1 -Poor; 2 -Below Average; 3- Average; 4 -Above Average; 5- Excellent Dakota Worldwide Corn. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 19 Trade Area Data by Sector Est. Est. 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 Census 2000 2003 % Growth 2006 % Growth % % % % % % % % % Avg. Hhld Median Sector Tract Pop. Pop. 2000 -2003 Pop. 2003 -2006 College Military White Black Asian Other Hisp. < 18 > 65 Size Income 1 205.00 1,896 1,909 0.7 1,913 0.2 0.0 0.0 77.3 8.2 8.4 4.9 2.7 26.4 14.7 2.66 $47,677 2 206.00 2,004 2,110 5.3 2,111 0.0 0.0 0.0 81.2 5.4 7.7 4.4 2.6 22.5 23.5 2.40 $47,412 3 205.00 1,718 1,702 -0.9 1,704 0.1 0.0 0.0 73.9 12.4 6.8 5.6 2.8 27.2 14.5 2.74 $50,434 4 203.04 1,679 1,722 2.6 1,726 0.2 0.0 0.0 60.7 27.9 5.1 5.4 2.4 25.0 27.5 2.07 $32,413 5 204.00 640 628 -1.9 629 0.2 0.0 0.0 78.2 8.1 8.1 4.7 2.0 21.3 19.7 2.44 $41,712 6 204.00 569 582 2.3 583 0.2 0.0 0.0 81.8 5.2 9.8 2.7 1.4 25.4 19.9 2.85 $48,340 7 203.04 1,957 1,919 -1.9 1,918 -0.1 0.0 0.0 71.9 8.1 15.0 4.3 3.6 27.2 13.9 2.79 $56,464 8 204.00 2,094 2,045 -2.3 2,044 0.0 0.0 0.0 72.8 12.2 11.2 3.7 1.1 22.3 23.8 2.44 $49,619 9 203.03 1,515 1,543 1.8 1,545 0.1 0.0 0.0 69.6 10.7 12.3 6.3 3.8 27.7 14.9 2.85 $58,286 10 203.03 1,333 1,332 -0.1 1,333 0.1 0.0 0.0 78.8 4.0 12.8 3.8 1.9 23.9 16.1 2.72 $59,731 11 207.00 1,690 1,602 -5.2 1,605 0.2 0.0 0.0 86.2 4.4 4.7 3.8 3.1 23.7 14.1 2.61 $58,005 12 268.09 3,486 3,469 -0.5 3,484 0.4 0.0 0.0 35.0 43.8 7.8 12.0 8.6 33.6 1.8 2.60 $40,874 13 268.09 902 924 2.4 927 0.3 0.0 0.0 73.6 9.3 14.1 2.8 4.3 26.7 7.2 2.73 $38,466 14 208.01 1,816 1,735 -4.5 1,748 0.7 0.0 0.0 85.1 7.8 1.3 4.7 2.8 20.7 20.8 2.10 $43,201 15 268.07 786 850 8.1 858 0.9 0.0 0.0 81.0 10.3 3.2 4.7 7.9 17.9 28.6 2.05 $34,440 16 268.17 1,837 1,997 8.7 2,002 0.3 0.0 0.0 75.0 8.0 11.6 4.9 2.9 24.8 7.2 2.51 $53,219 17 268.17 1,779 1,953 9.8 1,964 0.6 0.0 0.0 71.3 9.6 15.4 3.4 2.9 27.9 9.3 2.95 $63,274 18 268.17 2,098 1,983 -5.5 2,075 4.6 0.0 0.0 53.4 29.0 9.4 6.5 3.2 31.4 4.6 2.75 $46,491 19 268.17 2,493 2,463 -1.2 2,444 -0.8 0.0 0.0 46.7 39.9 4.5 7.9 5.1 20.1 6.5 1.77 $32,657 20 203.02 2,230 2,086 -6.5 2,084 -0.1 0.0 0.0 65.3 21.6 6.7 5.4 1.6 24.1 21.1 2.35 $46,092 21 203.01 2,472 2,317 -6.3 2,417 4.3 0.0 0.0 81.8 9.6 4.6 3.5 1.2 24.6 15.8 2.60 $57,196 22 202.00 2,149 2,154 0.2 2,157 0.1 0.0 0.0 66.8 16.1 11.6 4.8 4.9 27.7 8.2 2.73 $41,748 23 202.00 2,490 2,388 -4.1 2,390 0.1 0.0 0.0 56.2 29.4 7.5 5.7 4.6 26.9 4.5 2.65 $49,615 24 202.00 2,132 2,250 5.5 2,247 -0.1 0.0 0.0 67.5 15.8 10.5 5.3 2.5 24.8 6.2 2.58 $51,868 25 268.15 1,792 1,728 -3.6 1,745 1.0 0.0 0.0 69.6 10.6 16.4 2.7 1.0 32.6 4.3 3.23 $62,038 26 268.15 1,921 1,930 0.5 1,941 0.6 0.0 0.0 75.7 7.3 14.9 1.7 0.8 32.3 4.4 3.21 $67,411 Dakota Worldwide Corn. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 20 ` Est. Est. 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 Census 2000 2003 % Growth 2006 % Growth % % % % % % % % % Avg. Hhld Median Sector Tract Pop. Pop. 2000 -2003 Pop. 2003 -2006 College Military White Black Asian Other Hisp. < 18 > 65 Size Income 27 268.15 1,626 1,643 1.0 1,653 0.6 0.0 0.0 85.3 5.0 5.3 3.5 2.1 24.8 6.9 2.53 $63,938 28 268.14 2,288 2,315 1.2 2,327 0.5 0.0 0.0 70.9 14.9 11.1 2.9 1.6 31.2 3.0 3.09 $73,074 29 268.14 2,172 2,188 0.7 2,202 0.6 0.0 0.0 72.2 10.7 13.7 3.3 1.4 29.7 4.9 3.17 $69,412 30 268.14 2,016 2,043 1.3 2,057 0.7 0.0 0.0 76.5 7.7 12.2 3.2 2.3 27.4 4.5 2.74 $58,070 31 268.11 2,656 2,970 11.8 3,292 10.8 0.0 0.0 80.7 7.6 9.0 2.5 2.4 26.3 4.9 2.89 $72,197 32 268.11 1,500 1,711 14.1 1,946 13.7 0.0 0.0 73.1 13.4 8.4 4.5 1.3 29.9 3.1 3.06 $66,807 33 268.10 2,467 2,689 9.0 2,975 10.6 0.0 0.0 67.8 17.9 9.0 4.7 1.2 31.1 5.3 3.27 $68,191 34 268.10 2,942 3,028 2.9 3,201 5.7 0.0 0.0 42.8 35.8 12.0 8.4 6.4 29.3 3.2 2.36 $38,098 35 268.10 2,615 2,700 3.3 2,767 2.5 0.0 0.0 58.8 27.7 6.8 6.3 5.3 25.9 4.8 2.49 $45,246 36 268.16 2,785 3,061 9.9 3,210 4.9 0.0 0.0 74.6 13.7 8.4 3.0 2.1 25.5 6.5 2.75 $64,202 37 268.16 2,281 2,192 -3.9 2,227 1.6 0.0 0.0 69.3 17.9 7.1 5.7 2.5 27.8 3.2 2.65 $55,114 38 268.12 1,487 1,535 3.2 1,708 11.3 0.0 0.0 75.9 5.7 15.0 3.4 1.2 31.6 3.4 3.09 $78,773 39 268.12 1,449 1,495 3.2 1,506 0.7 0.0 0.0 76.6 4.4 15.9 2.5 1.0 33.5 0.8 3.18 $78,773 40 268.98 3,689 3,747 1.6 4,264 13.8 0.0 0.0 79.1 7.4 10.4 2.7 1.5 36.4 3.3 3.35 $87,953 41 268.98 1,984 2,151 8.4 2,447 13.8 0.0 0.0 84.7 6.1 6.6 2.2 1.4 22.4 15.3 2.46 $91,621 42 268.98 2,587 2,511 -2.9 2,675 6.5 0.0 0.0 85.1 6.7 6.2 1.9 1.2 33.7 8.6 3.14 $87,439 43 268.98 1,671 1,542 -7.7 1,618 4.9 0.0 0.0 90.3 2.6 4.1 2.8 2.0 30.7 8.6 2.96 $83,442 Totals: 85,693 86,842 89,669 Averages: 1.3 3.3 0.0 0.0 70.4 15.0 9.3 4.6 2.9 27.6 9.1 2.67 $56,628 Dakota Worldwide Corn. 4801 81'� Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 0 Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 21 Trade Area Data by Facility - 69th & Brooklyn Blvd - Brooklyn Center Market As Is May 2003 - CBC001 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 $ per $ per # of 2000Est. 03% GthEst. 06% Gth % % % % % % % % % Avg. Median Facility Name Volume Sq.Ft. capita cmp Pop. Pop. 00 -03 Pop. 03- 06CollegeMilitary White BlackAsianOtherHisp. <18 >65 Hhid Size Income I Biquor $3,435,556 $922.30 $66.53 7 51,408 51,640 0.552,328 1.3 0.0 0.0 67.8 16.8 9.3 5.2 3.4 26.2 11.6 2.55$49,267 Trade Area Data by Facility - 69th & Brooklyn Blvd - Brooklyn Center Projected Marketplace September 2004 - CBC001 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 $ per $ per # of 2000 Est. 04 % Gth Est. 06 % Gth % % % % % % % % % Avg. Median Facility Name Volume Sq.Ft. capita cmp Pop. Pop. 00 -04 Pop. 04 -06 College Military White Black Asian Other Hisp. <18 >65 Hhld Size Income 1 BC Liquor $3,137,537 $842.29 $60.40 11 51,408 51,943 1.0 52,328 0.7 0.0 0.0 67.8 16.8 9.3 5.2 3.4 26.2 11.6 2.55 $49,267 $1( 1000 BC Liquor $2,022,282 $505.57 $23.35 21 84,244 86,593 2.8 88,163 1.8 0.0 0.0 70.4 15.2 9.2 4.6 2.9 27.6 9.2 2.67 $56,302 $1F Dakota Worldwide Coro. 4801 80 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — May 2003) Page 22 CURRENT MARKET SIMULATION BROOKLYN CENTER, MINNESOTA MAY 2003 TRADE AREA TOTALS Trade Area May 2003 Population 86,842 Potential 18,456,841 Facility Volume 15,832,056 Float Amount 2,624,786 Float Percent 14.22% P.C.E. 212.53 STORES IN OPERATION Facility - - -May 2003 - -- Sales Map Key Name Volume /SgFt Area Draw Image 1 BC Liquor 3,435,556 922.30 3,725 55 138 2 Jerry's Wine & S 600,000 600.00 1,000 10 53 3 New Hope Liquor 750,000 566.04 1,325 10 57 4 MGM Liquor Whse 2,350,000 443.40 5,300 35 94 • 5 G -Will Liquors 2,000,000 400.00 5,000 30 90 6 Park Liquor Whse 600,000 480.00 1 45 71 7 Chalet Liquors 1,500,000 337.08 4,450 60 88 8 MGM Liquor Whse 2,850,000 413.04 6,900 60 128 9 Cub Discount Liq 1,000,000 281.69 3,550 60 74 10 Gold Key Liquor 1,500,000 625.00 2,400 85 120 11 Star Liquor 1,000,000 204.08 4,900 95 75 12 North Ridge Liqu 1,750,000 729.17 2,400 85 129 13 Kelly's Liquors 1,000,000 740.74 1,350 95 123 14 Pixie Liquors 1,200,000 923.08 1,300 90 129 15 Par 4 Liquors 1,000,000 526.32 1,900 75 91 16 Brooklyn Park Li 2,250,000 592.11 3,800 85 132 17 Up North Liquor 1,250,000 833.33 1,500 40 109 Total 26,035,556 52,050 Average 1,531,503 500.20 3,062 100 • Dakota Worldwide Cora. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 23 CHAIN SUMMARY Chain # of -------------- - - - - -- -Chain Total-------------- - - - - -- Vol/ Avg Market Name Facs Volume Average Size Average SgFt Image Share MGM Liquor Whse 2 5,200,000 2,600,000 12,200 6,100 426.23 111 13.72 Brooklyn Park Liq 1 2,250,000 2,250,000 3,800 3,800 592.11 132 10.36 BC Liquor 1 3,435,556 3,435,556 3 3,725 922.30 138 10.24 North Ridge Liquor 1 1,750,000 1,750,000 2,400 2,400 729.17 129 8.06 Gold Key Liquor 1 1,500,000 1,500,000 2,400 2,400 625.00 120 6.91 Pixie Liquors 1 1,200,000 1,200,000 1,300 1,300 923.08 129 5.85 Star Liquor 1 1,000,000 1,000,000 4,900 4,900 204.08 75 5.15 Kelly's Liquors 1 1,000,000 1,000,000 1,350 1,350 740.74 123 5.15 Chalet Liquors 1 1,500,000 1,500,000 4,450 4,450 337.08 88 4.88 Par 4 Liquors 1 1,000,000 1,000,000 1,900 1,900 526.32 91 4.06 G -Will Liquors 1 2,000,000 2,000,000 5,000 5,000 400.00 90 3.25 Cuh Discount Liq 1 1,000,000 1,000,000 3,550 3,550 281.69 74 3.25 Up North Liquor 1 1,250,000 1,250,000 1,500 1,500 833.33 109 2.71 Park Liquor Whse 1 600,000 600,000 1,250 1,250 480.00 71 1.46 *New Hope Liquor 1 750,000 750,000 1,325 1,325 566.04 57 .41 *Jerry's Wine & Spr 1 600,000 600,000 1,000 1,000 600.00 53 .33 Totals 17 26,035,556 52,050 85.78 Averages 1,531,503 3,062 500.20 • * Chain includes facilities with draw less than 29.99 • Dakota Worldwide Corp. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 ♦ Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC00l - May 2003) Page 24 SECTOR SUMMARY Sector - - -- -May 2003 - - - -- ------- Float- - - - - -- Map Key Population PCE Potential Percent Amount 1 1,909 205.76 392,795 20.85 81,902 2 2,110 211.01 445,224 20.00 89,027 3 1,702 206.89 352,119 17.43 61,363 4 1,722 199.20 343,027 15.49 53,139 5 628 203.74 127,948 14.75 18,874 6 582 202.71 117,979 14.76 17,411 7 1,919 211.33 405,550 15.05 61,038 8 2,045 212.39 434,330 14.49 62,924 9 1,543 211.66 326,598 14.29 46,669 10 1,332 215.48 287,016 13.77 39,521 11 1,602 216.38 346,638 13.55 46,980 12 3,469 199.44 691,860 12.69 87,797 13 924 193.98 179,235 12.59 22,566 14 1,735 213.36 370,180 12.72 47,097 15 850 202.83 172,408 12.37 21,331 16 1,997 214.32 427,989 11.27 48,238 17 1,953 213.62 417,191 11.49 47,931 18 1,983 202.76 402,064 10.92 43,897 19 2,463 207.25 510,456 11.67 59,556 20 2,086 210.72 439,554 12.62 55,482 • 21 2,317 215.91 500,254 14.37 71,908 22 2,154 197.94 426,361 16.84 71,800 23 2,388 207.90 496,477 19.35 96,071 24 2,250 211.54 475,959 18.73 89,161 25 1,728 207.51 358,569 17.31 62,056 26 1,930 211.71 408,596 16.59 67,784 27 1,643 222.93 366,281 16.33 59,809 28 2,315 217.70 503,971 14.08 70,949 29 2,188 213.80 467,786 14.82 69,342 30 2,043 213.70 436,589 14.18 61,916 31 2,970 221.08 656,610 13.21 86,706 32 1,711 214.07 366,269 13.35 48,905 33 2,689 211.16 567,813 12.39 70,332 34 3,028 200.92 608,389 11.44 69,595 35 2,700 206.71 558,128 12.02 67,069 36 3,061 218.34 668,347 11.11 74,234 37 2,192 213.03 466,963 11.96 55,838 38 1,535 221.21 339,562 13.01 44,177 39 1,495 219.49 328,134 14.72 48,294 40 3,747 221.40 829,600 13.87 115,033 41 2,151 242.43 521,465 14.22 74,132 42 2,511 225.11 565,258 14.73 83,287 43 1,542 226.52 349,299 15.36 53,646 Total 86,842 18,456,841 2,624,786 Average 212.53 14.22 • Dakota Worldwide Corn. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 25 FACILITY MARKET SHARES BY SECTOR May 2003 1 2 3 4 5 6 7 Facility 8 C Liqu Jerry's New Hope MGM Liqu G -Will L Park Liq Chalet L Sector -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- 1 34.53 1.49 .34 7.95 2.51 1.62 1.59 2 42.24 .54 .18 4.12 1.28 .84 1.31 3 78.08 .18 .05 1.11 .32 .19 .19 4 65.22 .30 .17 3.89 1.21 .84 .90 5 49.16 1.22 .61 14.01 3.29 1.47 1.63 6 27.96 1.89 1.09 24.28 5.63 2.52 2.47 7 49.10 .48 .24 6.07 2.36 1.63 1.83 8 36.82 1.04 .60 13.41 3.99 2.71 2.76 9 22.03 .57 .60 8.25 5.40 3.57 4.21 10 10.60 .48 1.06 9.13 8.79 5.44 6.20 11 8.97 2.95 2.42 43.41 8.56 3.72 2.50 12 5.50 .76 1.41 12.02 10.96 6.01 6.36 13 2.77 .75 2.01 15.29 14.54 6.94 7.50 14 3.04 1.77 4.26 34.08 17.97 5.45 3.83 15 1.82 .80 2.83 16.83 21.46 6.40 6.99 16 .76 .14 .53 2.93 7.70 1.79 12.72 17 1.52 .20 .45 3.07 6.92 2.16 9.47 18 .55 .08 .25 1.18 3.74 .97 10.06 19 1.90 .22 .44 3.27 4.75 2.31 7.49 • 20 6.26 .25 .51 3.79 4.42 2.77 6.16 21 11.86 .25 .27 3.41 2.71 1.87 4.06 22 14.93 .22 .13 2.38 1.56 1.08 2.04 23 22.78 .24 .12 2.87 1.29 .89 1.47 24 7.47 .14 .07 1.47 .91 .62 1.19 25 4.53 .07 .04 .70 .54 .36 1.04 26 2.07 .04 .02 .37 .31 .20 .92 27 .96 .02 .02 .20 .28 .16 .80 28 .76 .02 .03 .21 .41 .22 1.28 29 2.42 .05 .04 .50 .53 .29 1.43 30 2.24 .05 .06 .46 .80 .47 2.16 31 2.64 .08 .14 .94 1.66 .97 4.05 32 1.05 .03 .07 .48 .99 .50 3.23 33 .91 .05 .09 .68 1.51 .66 5.53 34 .96 .08 .14 1.05 2.23 .91 6.67 35 .50 .04 .09 .57 1.66 .56 7.68 36 .29 .04 .13 .59 2.33 .55 11.32 37 .25 .04 .10 .45 1.90 .45 12.14 38 .22 .03 .08 .37 1.94 .39 12.59 39 .17 .03 .07 .30 2.01 .35 13.43 40 .31 .03 .05 .32 1.12 .36 7.02 41 .41 .02 .04 .25 .70 .29 3.45 42 .36 .01 .02 .13 .39 .18 1.63 43 .39 .01 .01 .11 .26 .13 .93 Total 10.24 .33 .41 4.46 3.25 1.46 4.88 • Dakota Worldwide Corp. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 26 FACILITY MARKET SHARES BY SECTOR (CONT.) May 2003 8 9 10 11 12 13 14 Facility MGM Liqu Cub Disc Gold Key Star Liq North Ri Kelly's Pixie Li Sector -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- 1 .87 .75 3.24 .70 6.06 3.59 8.94 2 .93 .67 2.91 .79 5.21 3.85 9.52 3 .13 .10 .35 .10 .69 .24 .52 4 .91 .54 1.78 .81 3.23 1.53 1.63 5 1.29 .92 2.33 .87 4.35 1.32 1.41 6 2.07 1.43 2.91 1.07 6.51 1.92 1.69 7 2.09 1.15 3.62 1.92 6.34 2.60 2.77 8 2.81 1.72 3.98 2.04 7.09 2.39 1.86 9 4.95 2.77 6.85 4.50 11.40 4.20 2.11 10 8.43 4.29 6.83 4.83 14.00 2.50 1.24 11 1.62 1.31 2.50 1.16 5.84 .53 .35 12 9.72 4.57 6.98 5.75 13.50 1 , .51 13 8.74 4.90 5.62 4.21 11.28 1.04 .33 14 3.61 2.85 2.45 1.24 5.60 .42 .13 15 10.37 4.55 4.11 2.59 7.24 .59 .18 16 25.02 9.72 7.07 6.89 10.69 .75 .23 17 19.76 7.43 8.88 9.86 14.62 1.29 .41 18 26.98 8.11 9.65 11.45 11.57 1.14 .35 19 16.04 5.84 10.54 12.44 16.53 2.17 .71 20 11.37 4.58 10.57 10.60 16.29 3.65 1.24 • 21 6.06 2.74 9.41 6.69 13.24 8.87 4.35 22 2.07 1.19 4.83 2.05 7.64 9.02 17.64 23 1.16 .78 3.45 1.05 5.82 7.36 18.17 24 .90 .62 2.99 .80 4.72 10.09 26.15 25 .93 .53 3.01 .86 3.34 9.94 26.26 26 .83 .47 2.65 .77 2.94 8.90 22.35 27 .71 .40 2.28 .62 2.45 7.61 16.09 28 1.56 .71 3.60 1.45 3.42 9.62 10.07 29 1.68 .81 4.14 1.70 4.34 12.11 20.72 30 3.02 1.31 6.19 3.23 6.29 15.52 13.07 31 7.28 2.75 10.76 8.41 11.11 12.31 5.22 32 5.45 2.02 8.63 5.40 7.52 12.97 5.88 33 11.98 3.77 12.91 10.95 10.30 6.65 2.35 34 16.73 5.01 14.16 16.30 12.27 3.23 1.08 35 18.57 5.21 13.40 11.55 9.76 3.41 1.09 36 32.32 8.14 9.67 9.30 8.53 1.12 .34 37 29.17 7.68 10.41 8.07 8.18 1.46 .44 38 25.47 7.21 10.58 6.63 7.98 1.75 .53 39 21.50 6.80 10.10 4.80 7.61 1.85 .58 40 12.57 3.99 10.72 5.84 7.57 4.23 1.50 41 5.25 1.93 7.54 3.53 5.72 7.49 3.57 42 1.98 .86 4.08 1.49 3.44 7.67 5.86 43 .92 .46 2.46 .72 2.28 6.41 7.85 Total 9.26 3.25 6.91 5.15 8.06 5.15 5.85 • Dakota Worldwide Coro. 480181" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBCOOI - May 2003) Page 27 FACILITY MARKET SHARES BY SECTOR (CONT.) May 2003 15 16 17 Facility Par 4 Li Brooklyn Up North Total Sector -- M.S. -- -- M.S. -- -- M.S. -- -- M.S. -- 1 .97 3.27 .74 79.15 2 .73 4.15 .73 80.00 3 .09 .20 .05 82.57 4 .51 .81 .23 84.51 5 .55 .58 .25 85.25 6 .77 .68 .35 85.24 7 .90 1.45 .39 84.95 8 .99 .89 .41 85.51 9 1.80 1.83 .70 85.71 10 1.03 .95 .42 86.23 11 .33 .15 .14 86.45 12 1.08 .46 .39 87.31 13 .84 .34 .32 87.41 14 .33 .11 .14 87.28 15 .47 .17 .22 87.63 16 1.09 .28 .42 88.73 17 1.45 .51 .51 88.51 18 1.80 .53 .65 89.08 19 2.05 .95 .68 88.33 20 2.42 1.67 .82 87.38 • 21 3.45 5.02 1.36 85.63 22 2.30 12.48 1.58 83.16 23 1.76 10.10 1.32 80.65 24 2.50 18.72 1.90 81.27 25 2.65 25.70 2.19 82.69 26 2.76 35.12 2.68 83.41 27 2.89 44.74 3.44 83.67 28 4.77 43.73 4.06 85.92 29 3.81 28.04 2.58 85.18 30 5.34 22.69 2.91 85.82 31 6.40 9.61 2.48 86.79 32 9.47 18.29 4.65 86.65 33 9.78 6.03 3.45 87.61 34 4.36 1.96 1.44 88.56 35 8.02 2.79 3.06 87.98 36 2.55 .62 1.04 88.89 37 4.25 .98 2.10 88.04 38 6.02 1.40 3.82 86.99 39 7.23 1.70 6.75 85.28 40 13.94 5.89 10.67 86.13 41 13.63 19.01 12.97 85.78 42 7.34 40.45 9.37 85.27 43 4.13 51.46 6.12 84.64 Total 4.06 10.36 2.71 85.78 • Dakota Worldwide Coro. 4801 81' Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC007 - May 2003) Page 28 PROJECTED MARKETPLACE BROOKLYN CENTER, MINNESOTA PROJECTIONS ASSUME A SEPTEMBER 2003 OPENING TRADE AREA TOTALS Trade Area May 2003 Sep 2004 % Change Population 86,842 88,093 1.44 Potential 18,456,841 18,730,970 1.49 Facility Volume 15,832,056 16,069,691 1.50 Float Amount 2,624,786 2,661,278 1.39 Float Percent 14.22 14.21 P.C.E. 212.53 212.63 .04 *0.01% change in float reflective of population changes MARKET CHANGES JERRY'S WINE & SPIRITS (MAP KEY 2/2.1) IMAGE IMPROVES WITH THE REOPENING OF BROADWAY AVENUE CHALET LIQUOR (MAP KEY 7/7.1) DOWN SIZES AT A TESTED SIZE OF 2,500 SALES AREA SQUARE FEET VERSUS A 4,450 SALES AREA SQUARE FEET OF EXISTING SALES AREA STAR LIQUOR IN THE VILLAGE NORTH SHOPPING CENTER IN BROOKLYN PARK AT MAP KEY 11 IS CLOSED NORTH RIDGE LIQUOR AT REGENT AND ZANE IS CLOSED AT MAP KEY 12 RELOCATES TO THE ZANEBROOK SHOPPING CENTER AT MAP KEY 100 TESTED AT 3,000 SALES AREA SQUARE FEET • Forecast Current Fcst Facility - - -Sep 2004 - -- - -- -May 2003 - - -- T.A. % Sales Map Key Name Volume /SgFt Volume /SgFt Diff. Chg Area Draw Image 1 BC Liquor 3,491,610 937.34 3,435,556 922.30 56,054 2 3,725 55 138 2 Jerry's Wine & S -- closed -- - - - -- 600,000 600.00 - 60,000 10 53 2.1 Jerry's Wine & S 716,993 716.99 0 0.00 71,699 0 1,000 10 60 3 New Hope Liquor 756,148 570.68 750,000 566.04 6,148 1 1,325 10 57 4 MGM Liquor Whse 2,402,893 453.38 2,350,000 443.40 52,893 2 5,300 35 94 5 G -Will Liquors 2,058,056 411.61 2,000,000 400.00 58,056 3 5,000 30 90 6 Park Liquor Whse 625,118 500.09 600,000 480.00 25,118 4 1,250 45 71 7 Chalet Liquors -- closed -- - - - -- 1,500,000 337.08 - 900,000 60 88 7.1 Chalet Liquors 1,152,324 460.93 0 0.00 691,395 0 2,500 60 98 8 MGM Liquor Whse 3,048,294 441.78 2,850,000 413.04 198,294 7 6,900 60 128 9 Cub Discount Liq 1,067,057 300.58 1,000,000 281.69 67,057 7 3,550 60 74 10 Gold Key Liquor 1,642,331 684.30 1,500,000 625.00 120,982 9 2,400 85 120 11 Star Liquor -- closed -- - - - -- 1,000,000 204.08 - 950,000 95 75 12 North Ridge Liqu -- closed -- - - - -- 1,750,000 729.17 - 1,487,500 85 129 13 Kelly's Liquors 1,047,239 775.73 1,000,000 740.74 44,877 5 1,350 95 123 14 Pixie Liquors 1,221,807 939.85 1,200,000 923.08 19,626 2 1,300 90 129 15 Par 4 Liquors 1,050,449 552.87 1,000,000 526.32 50,449 5 1,900 75 91 16 Brooklyn Park Li 2,295,263 604.02 2,250,000 592.11 38,474 2 3,800 85 132 17 Up North Liquor 1,275,389 850.26 1,250,000 833.33 25,389 2 1,500 40 109 100 North Ridge Liqu 2,480,736 826.91 0 0.00 2,108,626 0 3,000 85 130 Totals 26,331,704 26,035,556 237,635 Averages 1,645,732 574.93 1,531,503 500.20 2,863 99 Dakota Worldwide Coro. 4801 81' Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 r , • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 29 CHAIN SUMMARY Chain # of -------------- - - - - -- -Chain Total-------------- - - - - -- Vol/ Avg Market Name Facs Volume Average Size Average SgFt Image Share MGM Liquor Whse 2 5,451,187 2,725,594 12,200 6,100 446.82 111 14.86 North Ridge Liqu 1 2,480,736 2,480,736 3,000 3,000 826.91 130 11.26 Brooklyn Park Li 1 2,295,263 2,295,263 3,800 3,800 604.02 132 10.42 BC Liquor 1 3,491,610 3,491,610 3,725 3,725 937.34 138 10.39 Gold Key Liquor 1 1,642,331 1,642,331 2,400 2,400 684.30 120 7.45 Pixie Liquors 1 1,221,807 1,221,807 1,300 1,300 939.85 129 5.87 Kelly's Liquors 1 1,047,239 1,047,239 1,350 1,350 775.73 123 5.31 Par 4 Liquors 1 1,050,449 1,050,449 1,900 1,900 552.87 91 4.27 Chalet Liquors 1 1,152,324 1,152,324 2,500 2,500 460.93 98 3.69 Cub Discount Liq 1 1,067,057 1,067,057 3,550 3,550 300.58 74 3.56 G -Will Liquors 1 2,058,056 2,058,056 5,000 5,000 411.61 90 3.51 Up North Liquor 1 1,275,389 1,275,389 1,500 1,500 850.26 109 2.80 Park Liquor Whse 1 625,118 625,118 1,250 1,250 500.09 71 1.58 New Hope Liquor 1 756,148 756,148 1,325 1,325 570.68 57 .43 Jerry's Wine & S 1 716,993 716,993 1,000 1,000 716.99 60 .38 Totals 16 26,331,707 45,800 85.79 Averages 1,645,732 2,863 574.93 • • Dakota Worldwide Corn. 48018 1 " Street, Suite 105 r Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC007 - May 2003) Page 30 SCENARIO 1 MARKET CHANGES IN EFFECT BROOKLYN CENTER OPENS A SECOND MUNICIPAL LIQUOR STORE OF 6,862 SF. (4,000 SF. OF SALES AREA) AT NEQ OF 69TH AVE. N. AND BROOKLYN BLVD.(MAP KEY 1000) Forecast Current Fcst Facility - - -Sep 2004 - -- - -- -May 2003 - - -- T.A. % Sales Map Key Name Volume /SgFt Volume /SgFt Diff. Chg Area Draw Image 1 BC Liquor 3,137,537 842.29 3,435,556 922.30 - 298,019 -9 3,725 55 138 2 Jerry's Wine & S -- closed -- - - - -- 600,000 600.00 - 60,000 10 53 2.1 Jerry's Wine & S 640,909 640.91 0 0.00 64,091 0 1,000 10 60 3 New Hope Liquor 746,769 563.60 750,000 566.04 -3,231 0 1,325 10 57 4 MGM Liquor Whse 2,304,732 434.86 2,350,000 443.40 - 45,268 -2 5,300 35 94 5 G -Will Liquors 1,975,124 395.02 2,000,000 400.00 - 24,876 -1 5,000 30 90 6 Park Liquor Whse 581,362 465.09 600,000 480.00 - 18,638 -3 1,250 45 71 7 Chalet Liquors -- closed -- - - - -- 1,500,000 337.08 - 900,000 60 88 7.1 Chalet Liquors 1,026,303 410.52 0 0.00 615,782 0 2,500 60 98 8 MGM Liquor Whse 2,854,837 413.74 2,850,000 413.04 4,837 0 6,900 60 128 9 Cub Discount Liq 992,724 279.64 1,000,000 281.69 -7,276 -1 3,550 60 74 10 Gold Key Liquor 1,437,975 599.16 1,500,000 625.00 - 52,722 -4 2,400 85 120 11 Star Liquor -- closed -- - - - -- 1,000,000 204.08 - 950,000 95 75 12 North Ridge Liqu -- closed -- - - - -- 1,750,000 729.17 - 1,487,500 85 129 13 Kelly's Liquors 911,486 675.17 1,000,000 740.74 - 84,088 -9 1,350 95 123 14 Pixie Liquors 1,080,843 831.42 1,200,000 923.08 - 107,241 -10 1,300 90 129 15 Par 4 Liquors 972,096 511.63 1,000,000 526.32 - 27,904 -3 1,900 75 91 • 16 Brooklyn Park Li 2,100,482 552.76 2,250,000 592.11 - 127,090 -7 3,800 85 132 17 Up North Liquor 1,233,982 822.65 1,250,000 833.33 - 16,019 -1 1,500 40 109 100 North Ridge Liqu 2,166,624 722.21 0 0.00 1,841,630 0 3,000 85 130 1000 BC Liquor 2,022,282 505.57 0 0.00 1,921,168 0 4,000 95 143 Totals 26,186,068 26,035,556 237,636 Averages 1,540,357 525.82 1,531,503 500.20 2,929 101 THREE -YEAR GROWTH PATTERN - BROOKLYN CENTER LIQUOR Forecast Forecast Forecast Facility - - -Sep 2004 - -- - - -Sep 2005 - -- - - -Sep 2006-- - Map Keys Name Volume /SgFt Volume /SgFt Volume /SgFt Draw Image 1000 BC Liquor 2,022,282 505.57 2,106,502 526.63 2,190,971 547.74 95 143 Inflation is 0% • Dakota Worldwide Cora. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 31 CHAIN SUMMARY Chain # of ------------- - - - - -- -Chain Total------------ - - - - -- Vol/ Avg Market ----- Change - - - -- Name Facs Volume Average Size Average SgFt Image Share Volume MktShr BC Liquor 2 5,159,819 2,579,910 7,725 3,863 667.94 141 18.75 1,623,149 8.52 MGM Liquor Whse 2 5,159,569 2,579,784 12,200 6,100 422.92 111 13.30 - 40,431 -.42 North Ridge Liqu 1 2,166,624 2,166,624 3,000 3,000 722.21 130 9.83 354,130 1.77 Brooklyn Park Li 1 2,100,482 2,100,482 3,800 3,800 552.76 132 9.53 - 127,090 -.83 Gold Key Liquor 1 1,437,975 1,437,975 2,400 2,400 599.16 120 6.53 - 52,722 -.38 Pixie Liquors 1 1,080,843 1,080,843 1,300 1,300 831.42 129 5.19 - 107,241 -.66 Kelly's Liquors 1 911,486 911,486 1,350 1,350 675.17 123 4.62 - 84,088 -.52 Par 4 Liquors 1 972,096 972,096 1,900 1,900 511.63 91 3.86 - 27,904 -.21 Chalet Liquors 1 1,026,303 1,026,303 2,500 2,500 410.52 98 3.29 - 284,218 -1.59 Cub Discount Liq 1 992,724 992,724 3,550 3,550 279.64 74 3.16 -7,276 -.09 G -Will Liquors 1 1,975,124 1,975,124 5,000 5,000 395.02 90 3.07 - 24,876 -.18 Up North Liquor 1 1,233,982 1,233,982 1,500 1,500 822.65 109 2.58 - 16,019 -.13 Park Liquor Whse 1 581,362 581,362 1,250 1,250 465.09 71 1.34 - 18,638 -.12 *New Hope Liquor 1 746,769 746,769 1,325 1,325 563.60 57 .38 -3,231 -.02 *Jerry's Wine & S 1 640,909 640,909 1,000 1,000 640.91 60 .34 4,091 .02 Star Liquor 0 0 0 0 0 0.00 0 .00 - 950,000 -5.15 Totals 17 26,186,066 49,800 85.79 Averages 1,540,357 2,929 525.82 • • Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CB COO] - May 2003) Page 32 STORE VOLUME REPORT BY SECTOR - SITE 1000 Facility Map Key = 1000 Sep 2004 Draw = 95 Market Share Cutoff = 1 Sector Sector Expected Household Household Map Key Share Volume Population Potential Float Miles Income Size 2 1.57 6,972 2,110 445,224 20.00 4.12 47,412 2.40 4 5.20 17,838 1,723 343,226 15.49 2.02 32,413 2.07 5 2.50 3,201 628 127,948 14.75 3.15 41,712 2.44 6 4.67 5,513 582 117,979 14.76 2.86 48,340 2.85 7 16.73 67,846 1,919 405,550 15.05 1.25 56,464 2.79 8 16.01 69,536 2,045 434,330 14.49 1.45 49,619 2.44 9 31.76 103,784 1,544 326,810 14.29 .66 58,286 2.85 10 23.46 67,339 1,332 287,016 13.77 1.09 59,731 2.72 11 1.96 6,787 1,603 346,855 13.55 3.12 58,005 2.61 12 14.84 102,886 3,476 693,256 12.69 1.33 40,874 2.60 13 11.78 21,134 925 179,429 12.59 1.52 38,466 2.73 14 4.49 16,657 1,740 371,246 12.72 2.33 43,201 2.10 15 6.57 11,373 854 173,219 12.37 1.95 34,440 2:05 16 6.02 25,783 1,999 428,418 11.27 1.74 53,219 2.51 17 11.70 48,955 1,958 418,259 11.49 1.24 63,274 2.95 18 6.91 28,344 2,024 410,377 10.92 1.50 46,491 2.75 19 18.19 92,567 2,455 508,798 11.67 .83 32,657 1.77 • 20 30.43 133,677 2,085 439,343 12.62 .36 46,092 2.35 21 35.35 180,204 2,361 509,754 14.37 .51 57,196 2.60 22 21.43 91,391 2,155 426,558 16.84 1.54 41,748 2.73 23 15.21 75,550 2,389 496,685 19.35 2.23 49,615 2.65 24 12.52 59,559 2,249 475,747 18.73 2.34 51,868 2.58 25 7.59 27,325 1,736 360,229 17.31 2.51 62,038 3.23 26 3.79 15,518 1,935 409,654 16.59 2.94 67,411 3.21 27 3.36 12,336 1,647 367,173 16.33 2.97 63,938 2.53 28 5.37 27,129 2,320 505,060 14.08 2.23 73,074 3.09 29 6.92 32,474 2,194 469,069 14.82 2.20 69,412 3.17 30 11.31 49,512 2,049 437,871 14.18 1.69 58,070 2.74 31 20.87 143,622 3,113 688,225 13.21 .95 72,197 2.89 32 10.53 40,918 1,815 388,532 13.35 1.62 66,807 3.06 33 10.76 64,011 2,816 594,631 12.39 1.45 68,191 3.27 34 11.75 73,333 3,105 623,859 11.44 1.16 38,098 2.36 35 6.79 38,278 2,729 564,123 12.02 1.78 45,246 2.49 36 4.18 28,565 3,127 682,758 11.11 1.92 64,202 2.75 37 3.61 16,974 2,208 470,371 11.96 2.27 55,114 2.65 38 3.17 11,295 1,612 356,596 13.01 2.61 78,773 3.09 39 2.55 8,379 1,500 329,231 14.72 3.09 78,773 3.18 40 4.17 36,702 3 880,301 13.87 2.54 87,953 3.35 41 4.72 26,124 2,283 553,465 14.22 2.46 91,621 2.46 42 3.63 21,118 2,584 581,691 14.73 2.68 87,439 3.14 43 2.76 9,840 1,575 356,775 15.36 2.95 83,442 2.96 Sub Total 10.68 1,920,347 84,480 17,985,643 14.00 Other Sectors .11 821 3,613 745,326 19.23 TA Total 10.26 1,921,168 88,093 18,730,970 14.21 Outside TA 101,114 • Sales Forecast 2,022,282 Dakota Worldwide Corn. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center Minnesota sota Market Study (CBCOOI - May 2003) Page 33 • SCENARIO 2 MARKET CHANGES IN EFFECT BROOKLYN CENTER OPENS A SECOND MUNICIPAL LIQUOR STORE IN BROOKLYN CENTER TESTED AT 4,600 TOTAL SQUARE FEET (2,725 SALES AREA SQUARE FEET) NEQ OF 69TH AVE. N. AND BROOKLYN BLVD.(MAP KEY 1000.1) Forecast Current Fcst Facility - - -Sep 2004 - -- - -- -May 2003 - - -- T.A. % Sales Map Key Name Volume /SgFt Volume /SgFt Diff. Chg Area Draw Image 1 BC Liquor 3,191,807 856.86 3,435,556 922.30 - 243,749 -7 3,725 55 138 2 Jerry's Wine & S -- closed -- - - - -- 600,000 600.00 - 60,000 10 53 2.1 Jerry's Wine & S 662,988 662.99 0 0.00 66,299 0 1,000 10 60 3 New Hope Liquor 749,562 565.71 750,000 566.04 -438 0 1,325 10 57 4 MGM Liquor Whse 2,333,415 440.27 2,350,000 443.40 - 16,585 -1 5,300 35 94 5 G -Will Liquors 1,999,822 399.96 2,000,000 400.00 -178 0 5,000 30 90 6 Park Liquor Whse 594 16 - q , 6 475.33 600,000 480.00 -5,834 -1 1,250 45 71 7 Chalet Liquors -- closed -- - - - -- 1,500,000 337.08 - 900,000 60 88 7.1 Chalet Liquors 1,064,061 425.62 0 0.00 638,437 0 2,500 60 98 8 MGM Liquor Whse 2,913,598 422.26 2,850,000 413.04 63,598 2 6,900 60 128 9 Cub Discount Liq 1,015,063 285.93 1,000,000 281.69 15,063 2 3,550 60 74 10 Gold Key Liquor 1,498,272 624.28 1,500,000 625.00 -1,469 0 2,400 85 120 11 Star Liquor -- closed -- - - - -- 1,000,000 204.08 - 950,000 95 75 12 North Ridge Liqu -- closed -- - - - -- 1,750,000 729.17 - 1,487,500 85 129 13 Kelly's Liquors 951,091 704.51 1,000,000 740.74 - 46,464 -5 1,350 95 123 14 Pixie Liquors 1,121,854 862.96 1,200,000 923.08 - 70,331 -7 1,300 90 129 • 15 Par 4 Liquors 995,793 524.10 1,000,000 526.32 -4,207 0 1,900 75 91 16 Brooklyn Park Li 2,160,053 568.43 2,250,000 592.11 - 76,455 -4 3,800 85 132 17 Up North Liquor 1,246,732 831.15 1,250,000 833.33 -3,268 0 1,500 40 109 100 North Ridge Liqu 2,258,974 752.99 0 0.00 1,920,128 0 3,000 85 130 1000.1 BC Liquor 1,474,305 541.03 0 0.00 1,400,589 0 2,725 95 143 Totals 26,231,554 26,035,556 237,636 Averages 1,543,033 540.58 1,531,503 500.20 2,854 101 THREE -YEAR GROWTH PATTERN - BROOKLYN CENTER LIQUOR Forecast Forecast Forecast Facility - - -Sep 2004 - -- - - -Sep 2005 - -- - - -Sep 2006-- - Map Keys Name Volume /SgFt Volume /SgFt Volume /SgFt Draw Image 1000.1 BC Liquor 1,474,305 541.03 1,538,457 564.57 1,602,943 588.24 95 143 Inflation is 0% • Dakota Worldwide Corp. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001- May 2003) Page 34 CHAIN SUMMARY Chain # of ------------- - - - - -- -Chain Total------------ - - - - -- Vol/ Avg Market ----- Change - - - -- Name Facs Volume Average Size Average SgFt Image Share Volume MktShr BC Liquor 2 4,666,112 2,333,056 6,450 3,225 723.43 141 16.26 1,156,841 6.03 MGM Liquor Whse 2 5,247,012 2,623,506 12,200 6,100 430.08 111 13.77 47,012 .05 North Ridge Liqu 1 2,258,974 2,258,974 3,000 3,000 752.99 130 10.25 432,628 2.19 Brooklyn Park Li 1 2,160,053 2,160,053 3,800 3,800 568.44 132 9.80 - 76,455 -.56 Gold Key Liquor 1 1,498,272 1,498,272 2,400 2,400 624.28 120 6.80 -1,469 -.11 Pixie Liquors 1 1,121,854 1,121,854 1,300 1,300 862.96 129 5.39 - 70,331 -.46 Kelly's Liquors 1 951,091 951,091 1,350 1,350 704.51 123 4.82 - 46,464 -.32 Par 4 Liquors 1 995,793 995,793 1,900 1,900 524.10 91 3.98 -4,207 -.08 Chalet Liquors 1 1,064,061 1,064,061 2,500 2,500 425.62 98 3.41 - 261,563 -1.47 Cub Discount Liq 1 1,015,063 1,015,063 3,550 3,550 285.93 74 3.28 15,063 .03 G -Will Liquors 1 1,999,822 1,999,822 5,000 5,000 399.96 90 3.20 -178 -.05 Up North.Liquor 1 1,246,732 1,246,732 1,500 1,500 831.15 109 2.65 -3,268 -.06 Park Liquor Whse 1 594,166 594,166 1,250 1,250 475.33 71 1.41 -5,834 -.05 *New Hope Liquor 1 749,562 749,562 1,325 1,325 565.71 57 .40 -438 -.01 *Jerry's Wine & S 1 662,988 662,988 1,000 1,000 662.99 60 .35 6,299 .03 Star Liquor 0 0 0 0 0 0.00 0 .00 - 950,000 -5.15 Totals 17 26,231,555 48,525 85.79 Averages 1,543,033 2,854 540.58 • • Dakota Worldwide Coro. 4801 81" Street, Suite 105 - Minneapolis, MN 55437 Telephone 800.475.4505 - Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 35 STORE VOLUME REPORT BY SECTOR - SITE 2000 Facility Map Key = 1000.1 Sep 2004 Draw = 95 Market Share Cutoff = 1 Sector Sector Expected Household Household Map Key Share Volume Population Potential Float Miles Income Size 2 1.07 4,779 2,110 445,224 20.00 4.12 47,412 2.40 4 3.61 12,395 1,723 343,226 15.49 2.02 32,413 2.07 5 1.72 2,201 628 127,948 14.75 3.15 41,712 2.44 6 3.24 3,823 582 117,979 14.76 2.86 48,340 2.85 7 12.16 49,316 1,919 405,550 15.05 1.25 56,464 2.79 8 11.60 50,378 2,045 434,330 14.49 1.45 49,619 2.44 9 24.53 80,171 1,544 326,810 14.29 .66 58,286 2.85 10 17.50 50,231 1,332 287,016 13.77 1.09 59,731 2.72 11 1.34 4,657 1,603 346,855 13.55 3.12 58,005 2.61 12 10.69 74,106 3,476 693,256 12.69 1.33 40,874 2.60 13 8.38 15,044 925 179,429 12.59 1.52 38,466 2.73 14 3.11 11,536 1,740 371,246 12.72 2.33 43,201 2.10 15 4.58 7,937 854 173,219 12.37 1.95 34,440 2.05 16 4.19 17,953 1,999 428,418 11.27 1.74 53,219 2.51 17 8.32 34,818 1,958 418,259 11.49 1.24 63,274 2.95 18 4.82 19,799 2,024 410,377 10.92 1.50 46,491 2.75 19 13.26 67,492 2,455 508,798 11.67 .83 32,657 1.77 • 20 23.32 102,438 2,085 439,343 12.62 .36 46,092 2.35 21 27.73 141,368 2,361 509,754 14.37 .51 57,196 2.60 22 15.90 67,830 2,155 426,558 16.84 1.54 41,748 2.73 23 11.03 54,761 2,389 496,685 19.35 2.23 49,615 2.65 24 8.97 42,670 2,249 475,747 18.73 2.34 51,868 2.58 25 5.32 19,176 1,736 360,229 17.31 2.51 62,038 3.23 26 2.62 10,727 1,935 409,654 16.59 2.94 67,411 3.21 27 2.32 8,513 1,647 367,173 16.33 2.97 63,938 2.53 28 3.73 18,857 2,320 505,060 14.08 2.23 73,074 3.09 29 4.84 22,711 2,194 469,069 14.82 2.20 69,412 3.17 30 8.04 35,209 2,049 437,871 14.18 1.69 58,070 2.74 31 15.40 105,963 3,113 688,225 13.21 .95 72,197 2.89 32 7.46 28,999 1,815 388,532 13.35 1.62 66,807 3.06 33 7.63 45,385 2,816 594,631 12.39 1.45 68,191 3.27 34 8.36 52,165 3,105 623,859 11.44 1.16 38,098 2.36 35 4.74 26,734 2,729 564,123 12.02 1.78 45,246 2.49 36 2.89 19,756 3,127 682,758 11.11 1.92 64,202 2.75 37 2.49 11,717 2,208 470,371 11.96 2.27 55,114 2.65 38 2.18 7,785 1,612 356,596 13.01 2.61 78,773 3.09 39 1.75 5,763 1,500 329,231 14.72 3.09 78,773 3.18 40 2.88 25,395 3,976 880,301 13.87 2.54 87,953 3.35 41 3.27 18,114 2,283 553,465 14.22 2.46 91,621 2.46 42 2.51 14,585 2,584 581,691 14.73 2.68 87,439 3.14 43 1.90 6,774 1,575 356,775 15.36 2.95 83,442 2.96 Sub Total 7.78 1,400,030 84,480 17,985,643 14.00 Other Sectors .08 559 3,613 745,326 19.23 TA Total 7.48 1,400,589 88,093 18,730,970 14.21 Outside TA 73,715 Sales forecast 1,474,305 • Dakota Worldwide Coro. 4801 81" Street, Suite 105 - Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 Brooklyn Center, Minnesota Market Study (CBC001 -- May 2003) Page 36 • SCENARIO 3 MARKET CHANGES IN EFFECT BROOKLYN CENTER OPENS A SECOND MUNICIPAL LIQUOR STORE IN BROOKLYN CENTER TESTED AT 8,000 SF. (4,725 SF. OF SALES AREA) AT NEQ OF 69TH AVE. N. AND BROOKLYN BLVD.(MAP KEY 1000.2) Forecast Current Fcst Facility - - -Sep 2004 - -- - -- -May 2003 - - -- T.A. % Sales Map Key Name Volume /SgFt Volume /SgFt Diff. Chg Area Draw Image 1 BC Liquor 3,109,836 834.86 3,435,556 922.30 - 325,720 -9 3,725 55 138 2 Jerry's Wine & S -- closed -- - - - -- 600,000 600.00 - 60,000 10 53 2.1 Jerry's Wine & S 629,578 629.58 0 0.00 62,958 0 1,000 10 60 3 New Hope Liquor 745,329 562.51 750,000 566.04 -4,671 -1 1,325 10 57 4 MGM Liquor Whse 2,289,990 432.07 2,350,000 443.40 - 60,010 -3 5,300 35 94 5 G -Will Liquors 1,962,421 392.48 2,000,000 400.00 - 37,579 -2 5,000 30 90 6 Park Liquor Whse 574,856 459.89 600,000 480.00 - 25,144 -4 1,250 45 71 7 Chalet Liquors -- closed -- - - - -- 1,500,000 337.08 - 900,000 60 88 7.1 Chalet Liquors 1,006,738 402.70 0 0.00 604,043 0 2,500 60 98 8 MGM Liquor Whse 2,824,152 409.30 2,850,000 413.04 - 25,848 -1 6,900 60 128 9 Cub Discount Liq 981,142 276.38 1,000,000 281.69 - 18,858 -2 3,550 60 74 10 Gold Key Liquor 1,406,978 586.24 1,500,000 625.00 - 79,069 -6 2,400 85 120 11 Star Liquor -- closed -- - - - -- 1,000,000 204.08 - 950,000 95 75 12 North Ridge Liqu -- closed -- - - - -- 1,750,000 729.17 - 1,487,500 85 129 13 Kelly's Liquors 891,160 660.12 1,000,000 740.74 - 103,398 -11 1,350 95 123 14 Pixie Liquors 1,059,507 815.01 1,200,000 923.08 - 126,443 -12 1,300 90 129 15 Par 4 Liquors 959,694 505.10 1,000,000 526.32 - 40,306 -4 1,900 75 91 • 16 Brooklyn Park Li 2,068,957 544.46 2,250,000 592.11 - 153,887 -8 3,800 85 132 17 Up North Liquor 1,227,220 818.15 1,250,000 833.33 - 22,780 -2 1,500 40 109 100 North Ridge Liqu 2,119,235 706.41 0 0.00 1,801,350 0 3,000 85 130 1000.2 BC Liquor 2,305,786 488.00 0 0.00 2,190,497 0 4,725 95 143 Totals 26,162,578 26,035,556 237,635 Averages 1,538,975 517.81 1,531,503 500.20 2,972 101 THREE -YEAR GROWTH PATTERN - BROOKLYN CENTER LIQUOR Forecast Forecast Forecast Facility - - -Sep 2004 - - -. - - -Sep 2005 - -- - - -Sep 2006-- - Map Keys Name Volume /SgFt Volume /SgFt Volume /SgFt Draw Image 1000.2 BC Liquor 2,305,786 488.00 2,399,737 507.88 2,493,870 527.80 95 143 Inflation is 0% • Dakota Worldwide Corp. 4801 8t" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 e � • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 37 CHAIN SUMMARY Chain # of ------------- - - - - -- -Chain Total------------ - - - - -- Vol/ Avg Market ----- Change - - - -- Name Facs Volume Average Size Average SgFt Image Share Volume MktShr BC Liquor 2 5,415,622 2,707,811 8,450 4,225 640.90 141 20.04 1,864,777 9.81 MGM Liquor Whse 2 5,114,142 2,557,071 12,200 6,100 419.19 111 13.06 - 85,858 -.66 North Ridge Liqu 1 2,119,235 2,119,235 3,000 3,000 706.41 130 9.62 313,850 1.56 Brooklyn Park Li 1 2,068,957 2,068,957 3,800 3,800 544.46 132 9.39 - 153,887 -.97 Gold Key Liquor 1 1,406,978 1,406,978 2,400 2,400 586.24 120 6.38 - 79,069 -.52 Pixie Liquors 1 1,059,507 1,059,507 1,300 1,300 815.01 129 5.09 - 126,443 -.76 Kelly's Liquors 1 891,160 891,160 1,350 1,350 660.12 123 4.52 - 103,398 -.63 Par 4 Liquors 1 959,694 959,694 1,900 1,900 505.10 91 3.79 - 40,306 -.27 Chalet Liquors 1 1,006,738 1,006,738 2,500 2,500 402.70 98 3.22 - 295,957 -1.65 Cub Discount Liq 1 981,142 981,142 3,550 3,550 276.38 74 3.10 - 18,858 -.15 G -Will Liquors 1 1,962,421 1,962,421 5,000 5,000 392.48 90 3.00 - 37,579 -.25 Up North Liquor 1 1,227,220 1,227,220 1,500 1,500 818.15 109 2.55 - 22,780 -.16 Park Liquor Whse 1 574,856 574,856 1,250 1,250 459.89 71 1.31 - 25,144 -.16 *New Hope Liquor 1 745,329 745,329 1,325 1,325 562.51 57 .38 -4,671 -.03 *Jerry's Wine & S 1 629,578 629,578 1,000 1,000 629.58 60 .34 2,958 .01 Star Liquor 0 0 0 0 0 0.00 0 .00 - 950,000 -5.15 Totals 17 26,162,580 50,525 85.79 Averages 1,538 • • Dakota Worldwide Cora. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 - May 2003) Page 38 STORE VOLUME REPORT BY SECTOR - MAP KEY 1000.2 Facility Map Key = 1000.2 Sep 2004 Draw = 95 Market Share Cutoff = 1 Sector Sector Expected Household Household Map Key Share Volume Population Potential Float Miles Income Size 2 1.84 8,206 2,110 445,224 20.00 4.12 47,412 2.40 4 6.07 20,839 1,723 343,226 15.49 2.02 32,413 2.07 5 2.94 3,761 628 127,948 14.75 3.15 41,712 2.44 6 5.47 6,448 582 117,979 14.76 2.86 48,340 2.85 7 19.08 77,381 1,919 405,550 15.05 1.25 56,464 2.79 8 18.29 79,444 2,045 434,330 14.49 1.45 49,619 2.44 9 35.15 114,880 1,544 326,810 14.29 .66 58,286 2.85 10 26.41 75,806 1,332 287,016 13.77 1.09 59,731 2.72 ` 11 2.30 7,985 1,603 346,855 13.55 3.12 58,005 2.61 12 17.01 117,901 3,476 693,256 12.69 1.33 40,874 2.60 13 13.58 24,370 925 179,429 12.59 1.52 38,466 2.73 14 5.25 19,494 1,740 371,246 12.72 2.33 43,201 2.10 15 7.65 13,254 854 173,219 12.37 1.95 34,440 2.05 16 7.02 30,086 1,999 428,418 11.27 1.74 53,219 2.51 17 13.50 56,474 1,958 418,259 11.49 1.24 63,274 2.95 18 8.05 33,017 2,024 410,377 10.92 1.50 46,491 2.75 19 20.72 105,409 2,455 508,798 11.67 .83 32,657 1.77 • 20 33.81 148,532 2,085 439,343 12.62 .36 46,092 2.35 21 38.85 198,046 2,361 509,754 14.37 .51 57,196 2.60 22 24.18 103,139 2,155 426,558 16.84 1.54 41,748 2.73 23 17.37 86,294 2,389 496,685 19.35 2.23 49,615 2.65 24 14.39 68,443 2,249 475,747 18.73 2.34 51,868 2.58 25 8.81 31,749 1,736 360,229 17.31 2.51 62,038 3.23 26 4.44 18,181 1,935 409,654 16.59 2.94 67,411 3.21 27 3.94 14,467 1,647 367,173 16.33 2.97 63,938 2.53 28 6.27 31,687 2,320 505,060 14.08 2.23 73,074 3.09 29 8.06 37,803 2,194 469,069 14.82 2.20 69,412 3.17 30 13.05 57,122 2,049 437,871 14.18 1.69 58,070 2.74 31 23.62 162,569 3,113 688,225 13.21 .95 72,197 2.89 32 12.17 47,293 1,815 388,532 13.35 1.62 66,807 3.06 33 12.44 73,966 2,816 594,631 12.39 1.45 68,191 3.27 34 13.56 84,590 3,105 623,859 11.44 1.16 38,098 2.36 35 7.90 44,593 2,729 564,123 12.02 1.78 45,246 2.49 36 4.90 33,457 3,127 682,758 11.11 1.92 64,202 2.75 37 4.23 19,903 2,208 470,371 11.96 2.27 55,114 2.65 38 3.72 13,255 1,612 356,596 13.01 2.61 78,773 3.09 39 2.99 9,845 1,500 329,231 14.72 3.09 78,773 3.18 40 4.88 42,977 3,976 880,301 13.87 2.54 87,953 3.35 41 5.52 30,554 2,283 553,465 14.22 2.46 91,621 2.46 42 4.26 24,754 2,584 581,691 14.73 2.68 87,439 3.14 43 3.24 11,555 1,575 356,775 15.36 2.95 83,442 2.96 Sub Total 12.17 2,189,527 84,480 17,985,643 14.00 Other Sectors .13 969 3,613 745,326 19.23 TA Total 11.69 2,190,497 88,093 18,730,970 14.21 Outside TA 115,289 • Sales Forecast 2,305,786 Dakota Worldwide Coro. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (C8C001 — May 2003) Page 39 Definitions Trade Area The area containing the majority of the population that could contribute to the sales of a store or stores located at a proposed site or sites, also referred to as the study area. Pulling Power The attraction a store exerts upon the population. Draw The portion of a store's total business that is derived from the trade area. Image Representations of stores' acceptance levels in the trade area. P.C.E. Per capita yearly expenditure for Liquor (off -sale only). • Float That portion of the potential within the trade area that is not captured by the identified stores. Barriers Physical or psychological obstacles that make it more difficult to travel from one area to another. ADT Average Daily Traffic. • Dakota Worldwide Corn. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 i • Brooklyn Center, Minnesota Market Study (CBC001 — May 2003) Page 40 Qualifier In the use of this market analysis, client acknowledges that while it believes the services to be performed hereunder by Dakota Worldwide Corporation will be a valuable tool in management decision - making, it also understands that an important part of said services involves subjective judgment, which is dependent upon the correctness of the information made available to Dakota Worldwide Corporation. Therefore, client further acknowledges its understanding that Dakota Worldwide Corporation does not guarantee any result from the use of the analysis or other services performed hereunder, nor shall Dakota Worldwide Corporation be responsible for any loss incurred as a result of the use of said analysis or other services. Furthermore, these projections are based on the conditions identified in the survey. Any change within the trade area, such as the opening or closing of a competitive store or changes in economic conditions, could cause significant variation between these projections and actual sales. The possibility of this occurring increases with time. • I • Dakota Worldwide Coro. 4801 81" Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 • Brooklyn Center, Minnesota Market Study (CBC001 — May 2003) Page 41 Source Data "Minnesota ", Census 2000 U.S. Department of Commerce, Bureau of the Census. "Area Statistics," Minnesota, 1997 Census of Retail Trade, U.S. Department of Commerce, Bureau of the Census. Editor & Publisher, Inc., 2002 Market Guide. "2001 Trunk Highway Volumes ", Brooklyn Center, Minnesota Department of Transportation. Minnesota State Demographic Center, 2001 estimates, and 2020/2030 population projections. "Analysis of City Liquor Store Operations 1999-2001", Minnesota, Office of the State Auditor. City /offices: Brooklyn Center, Brooklyn Park, and Crystal. "PopStats ", Synergos Technology. • • Dakota Worldwide Cora. 4801 81 Street, Suite 105 • Minneapolis, MN 55437 Telephone 800.475.4505 • Fax 952.835.4461 ' • w aT 41 1* VEN f � 4'0'41 42 - i i r I eit iI�!r �� •.;, •,..„„ „, : ^°.z - �,... ""'ter, � �'"> �a _�`�^ -- (1 � { � �- i ef • , a+m. a aa -`�^, ♦'� i I - 28' t �. 35 29 1 I L '33- i02> - - 'w ° °� 36 `'+, ......., � • L �_ `_.� 'rte _ ; '.t. ,�; ''? nK, 1` a ' �• F ,18 $ 3 * ,.^ "°•i.,:.a : 25 ,° ! (✓, 19 1. - -1 i 2 ' Aq c 17 1 21_4 i 13 �'?- i If -a -- : � r- I a. i t_.� w - oolclyri- Center * h .a. 6. -� �! x d }4 Crystal n ( * k 3 , ( it AitpoRr`� _(..'ef_ I ` = T {, : s r as, 5 x,37 M� I rl 1° i I i ►: �- 6wp .j � - �?' 't't' - F g I t k .i- ,'�"''�,° I t s , { , __ � ;j *� t i I.yu_: 1 - 1 i x * -i._:_ rspa.ay._ �-, .- .. - r � - - a� - yr, * fi * * x j, � L Ne _ t tq 1 x * * *' W,4 � -,�. %+ �% �_ i .� ,. ' z r �a � a � �_ f° ° + �� t !-L.: j - � � � s �� x � x x \` ; * r a '*�•ry �'�,; I � `, �' -1 i �'S- &'r - ,sr �'_� i-- � { r �r �” 1 ;,,* `9, »r«!�L i , �, ' . dle_4Y \ i Y.,`.,'c�'- .- ,� i ' i { '' i Yrt d � v at -I. �' " obbsda e ; 3 1 b F nj M Aneapiq jS .n« Brooklyn Center, Minnesota CBC001 M Ke° I NO DAKOTA i - BC J.m'. er 11 -sr.r Wd Jerry'. W iw & splrio IJ N - ortb IUdge Uquor J -New Hope Wq..r 1]- Kelly's Wq.on � -$1ta �-Saetor BO.ntlarin g - MGM Ugoor W—ha.w 14 14.1, Uq.. N 5- G-wlll uq— IS -Per. Ugoon -Comggtl4on - IMeralatea w'�E AOW 6 -Pert I.Igoar W.rebw.e 16 - Braoldyo Park Ugoor - Markel Changan — - U.S. Highway S PnNwa..Y Deta"wmd.^.. WN ](/.1 -Cb.kS Lignin 1] • Up N9rtb Ugoor eapt etnslaW tro . - MGM Ugmr Warehoo.e 100 - N.Hk Ridge Ugoor * - Coato _ . Road Network M. N 9 - Cab gi. , LA 1000 site GSM Key LigLi,­ - -- .Railroad Semis wwmra..w.mm l0 - lu coon City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: August 7, 2003 Re: Proposals for legal Services In response to the City's request for proposals, 6 law firms submitted proposals. The City last reviewed civil legal services in early 2001. At that time interviews were scheduled with: - Kennedy & Graven - Jensen, Bell, Converse, and Erickson - Sweeney, Borer, and Sweeney. Sweeny, Borer cancelled their interview with the City Council. Kennedy & Graven was selected to continue providing civil legal services after the interview process. • The current olic has services reviewed on a 4 year rotation. This review would be for p Y services starting in 2004. Criminal legal services are reviewed every 4 years as well. The next review of criminal legal services would be for 2006. The policy provides that the City Manager reviews the proposals and recommends not more than 3 firms to the City Council. The city attorney is selected by the City Council and is responsible directly to the City Council, while working with the City Manager and department heads. Attached is a matrix identifying the salient parts of the 6 proposals. Based on my review, I would recommend that the City Council consider re- appointing Kennedy & Graven. Departmental satisfaction with services has improved since the last review. Mr. LeFevere has provided very helpful information and proposals at City Council meetings. Costs appear to be at the lower end of potential expenses. Kennedy & Graven bills in 5 minute increments, while those specifying their billing increments are at 15 minute increments. The other firm that would be recommended for consideration was interviewed 2 years ago and was not found to present a reason to switch firms. If the Council wished to interview firms, I would recommend the firms of - Kennedy & Graven - Jensen, Bell, Converse, & Erickson I am not recommending the other firms based on my review of the proposals. For purposes of comparison, Kennedy & Graven's billings to the City for all services were: 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.cityolbrooklyncenter.org • - 2001 $54,440 2002 $99,864 - 2003 year to date $ 50,172 Thos billings include labor matters, hearings, commissions, the EDA, Heritage Center, liquor stores, real estate matters, and more. Many of those items would be additional costs in the proposals. One of the proposals would cost almost as much as our entire civil and criminal legal budget combined. - Hallelan, Lewis o Costs are higher and requires association with a sole practitioner to provide depth ■ Propose cap of $108,000 for meetings and opinions • Outside that cap would be finance, litigation, arbitration, hearings, work for commissions - Kelly & Fawcett • Represents developers & labor unions • Costs are substantially higher for base services $9,000 per month v. $850 for meetings at Kennedy & Graven + hourly on specific matters ■ Propose only meetings & advice for $9,000 per month ■ Propose $17,000 per month with labor advice • - McGrann Shea • No direct city representation • Highest costs $200 - $295 per hour (will negotiate a discount according to proposal) • Unclear on municipal experience of proposed primary attorney - Ratwick o Represents Brooklyn Center School District • We have ongoing building permit oversight and cooperative agreements with the school district • Primary attorney is a real estate specialist, rather than a municipal specialist • I Firm City Attorneys for Fees Conflicts Principal 2002 Municipal % Municipal Attorney Billings total billings Halleland, Lewis Prior Lake 125 - $145 per hour state none Suesan Pace no information no information Firm would associate for shareholder 15 yrs. experience with a sole practiioner $115 - $125 per hour significant municipal experience for part of their expertise for Sr. Associate Assistant in municipal areas $105 - $115 per hour Joe Schmitt for Jr. Associate l l yrs. experience 50 Attorneys standard" rates for relevant experience legal assistants $108,000 cap on covered services for meetings & opinions Outside cap: finance, bond, litigation, contested cases, arbitration, hearings. work for commissions Jensen Bell Vadnais Heights $155 per hour attorney does not represent Roger Jensen $400,000 25.00% White Bear Lake $85 per hour paralegal real estate developers 18 yrs. experience 10 Attorneys previously Roseville 40% municipal Assistant fee for meetings, ordinances, advice Mitchell Converse resolutions =1st 12 months 9 yrs. experience civil legal billing as a monthly retainer Outside retainer: finance, hearings, litigation, improvement projects and real estate Kelly & Fawcett Maplewood $110 per hour attorney represent developers Patrick Kelly $327,208 21.00% Taylors Falls $50 per hour clerk & public labor unions 28 yrs. experience 7 attorneys $9,000 month for 80% municipal work most meetings & advice Sarah Sonsalla & zoning & bldg. enforcement 2 years experience Or $17,000 per month with labor advice 70% municipal work Bill at. 1/4 of an hour increments Kennedy & Graven 25 cities $850 per month Charlie LeFevere no information 75.00% for council mtgs. & agenda 28 yrs. experience �8 attorneys work Primarily municipal experience $128 per hour attorney primary person for Brooklyn Center $133 per hour for litigation Ron Batty $92 per hour clerks 24 yrs. experience $97 per hour paralegals 100% municipal Billing is at 11.20 of an hour increments Rates are 2004 McGrann Shea none $200 - $295 hour for Kathleen Lamb no information no information represent senior attorney 17 yrs. experience 23 atorneys Metro Sports Facilities $110 - $175 per hour for unclear extent of municipal experience Commission Associate Attorney Andrew Shea Wash. Co. HRA $70 - $85 per hour 39 years experence Metro Radio Board paralegal unclear extent of municipal experience Bill at. 1/4 of an hour increments Willing to reduce based on a # of factors Ratwick Red Wing $125 per hour for attorney Represents BC school Jay Squires no information 93.00% Roseville $115 per hour jr. attorney district 14 years experience 22 attorneys Eagan $140 per hour for lititgation does not represent Real Estate specialist Mendota Heights Rate will increase 5% per year developers Scott Anderson 19 yrs. experience Maragert Skelton 10 yrs. experience •