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HomeMy WebLinkAbout1986 09-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 22, 1986 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda - All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *6. Approval of Minutes - September 8, 1986 - Regular Session *7. Final Plat Approval: a. Brooklyn Crossing 2nd Addition 8. Performance Bond Releases: *a. Summit State Bank, 6100 Summit Drive *b. Brooklyn Crossing Office Building, 3300 County Road 10 *c. Brookwood, North Lilac Drive between Dupont & Humboldt Avenues North 9. Performance Bond Reductions: *a. Ramada Inn, 2200 Freeway Boulevard *b. Highway 100 Racquet and Swim Club *c. Target /Ryan Shopping Center 10. Resolutions: *a. Establishing Sanitary Sewer Rate for the Elderly b. Approving Supplemental Agreement No. 1 to Contract 1985 -K (Reconstruction of Dallas Road between 72nd and 73rd Avenues North) C. Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986 *d. Expressing Recognition of and Appreciation for the Dedicated Public Service of Evelyn Misfeldt CITY COUNCIL AGENDA -2- September 22, 1986 *e. Expressing Recognition of and Appreciation for th g pp e Dedicated Public Service of Rosemary Kieselhorst 11. Renewal of Private Kennel License for Mary Ann Boyer, 5817 Pearson Drive 12. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds -This item was first read on August 25, 1986, published in the City's official newspaper on September 4, 1986, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 11 of the City Ordinances -This item relates to proposed changes in the liquor ordinance. This item was first read on August 25, 1986, published in the City's official newspaper on September 4, 1986, and is offered this evening for a second reading. c. An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds Pertaining to Natural Preserves -This item will state exceptions for natural preserves designated by the City. This item is offered this evening for a first reading. 13. Planning Commission Items: (7:45 p.m.) a. Planning Commission Application No. 86035 submitted by Plaza Investments requesting special use permit approval to operate an eating establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard. This item was recommended for approval by the Planning Commission at its September 11, 1986 meeting. b. Planning Commission Application No. 86036 submitted by Osseo School District requesting site and building plan and special use permit approval to construct an addition for a gymnasium and storage rooms to the north side of Willow Lane School at 7020 Perry Avenue North. This item was recommended for approval by the Planning Commission at its September er 11 1 p 986 meeting. g 14. Reconvene Public Hearing on Annual City Budget *15. Licenses 16. Adjournment MECHANICAL SYSTEMS LICENSE • Dayton's Bluff Sheet Metal, Inc. 1400 East Highway 36 RENTAL DWELLING LICENSE Initial: Martin and Barbara O'Hara 4201 Lakeside Ave. N. #113 L. Larry Law 4201 Lakeside Ave. N. #302 Robert Lerum 4207 Lakeside Ave. N. #332 Gary and Vikki Linder 7036 Morgan Ave. N. George and Etheljean McMullen 2403, 01 54th Ave. N. Robert and Cheryl Waite Campbell 5446 72nd Circle North Renewal: Keith L. Nordby 5964 Brooklyn Boulevard Bertil G. Johnson 6107 Brooklyn Boulevard Welcome Home, Inc. 6451 Brooklyn Boulevard Dwight Jereczek 6319 Brooklyn Drive Raymond and Anne Fritzke 5452 Fremont Avenue N. Ryan Lake Partners 3401, 13 47th Ave. N. Bernard Gilvin 3901 61st Avenue North M & J Properties 2937 69th Lane The motion passed unanimously. APPROVAL OF MINUTES - AUGUST 11 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis • to approve the minutes of the August 11, 1986 City Council meeting. The motion passed. Mayor Nyquist abstained from voting as he was not present at the August 11, 1986 meeting RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract for Construction of Centerbrook Golf Course Buildings (Project No. 1985 -23, Phase II, Contract 1986 -K). Councilmember Theis stated that he had pulled this item from the Consent Agenda because of the concern expressed earlier regarding the low bidder and the City's lack of experience with the bidder. The Director of Public Works stated that the low bidder's references have all been checked and that all references have been good to excellent regarding this contractor. Councilmember Hawes asked if the completion date for the Little League Field was correct. The City Manager stated that all dates listed were correct. Councilmember Lhotka asked why City staff had recommended a metal roof. The City Manager stated that staff has noted a decrease in vandalism in the two parks which have these types of roofs on the buildings. RESOLUTION NO. 86 -136 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE BUILDINGS (PROJECT NO. 1985 -23, PHASE II, CONTRACT 1986 -K) • 8 -25 -86 -3- CORRECTED COPY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. • The City Manager presented a Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. He noted that this is the next step in the process for the Charter Amendment. Councilmember Theis stated that he had a number of concerns regarding the procedure used by the Charter Commission to decide on an amendment. He added that he would like to review his concerns for the Council and possibly have some discussion on it. Councilmember Theis stated that he was aware of certain instances in which people requesting copies of the Charter minutes did not receive them. He noted he was also concerned about the Charter Commission's policy for notices of meetings. He stated he had been informed that at some Charter Commission meetings, members of the audience were allowed to come forward and voice their opinions, and yet at other meetings audience participation was not allowed. He stated that he feels there is room for disagreement on this issue but that both sides of the story should be heard fairly. Councilmember Theis also stated that he was not sure it was proper for the City Council and Charter Commission to both use the same legal counsel. He asked, if the amendment were passed, how would it affect the Council seats elected at this present election. He further explained that he feels if the only justification for changing the Charter is the cost savings, then surely there must be other ways_ to cut the cost of the elections other than changing the City Charter. Mayor Nyquist asked the City Attorney what the consequences would be if the Council did not pass this resolution. The City Attorney stated that the Council • has no discretion in removing this item from the ballot and that if the Council did not approve this resolution, the Charter Commission could take legal action. The City Attorney further explained that this amendment would not affect the current election. Mayor Nyquist asked Councilmember Theis if he was challenging the validity of the resolution. Councilmember Theis stated that he was not challenging the validity of the resolution, only expressing his concerns on how the issue reached the City Council. Mayor Nyquist stated that a public hearing had not been scheduled for this evening but if there was anyone present who wished to speak before the Council regarding this issue, they should come forward. No one appeared to speak, and he entertained a motion on a Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table the Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986 until the September 8, 1986 City Council meeting. The motion passed unanimously. Councilmember Hawes stated that he felt the Charter Commission should hold a public hearing before the next Council meeting to receive public input on the 8 -25 -86 -4- 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 SEPTEMBER 8, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Bill Jordan, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Reverend Gil Maple of Brooklyn Park Free Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Lhotka requested items 6 and 7c be removed from the Consent Agenda. _ APPROVAL OF MINUTES - AUGUST 25 1986 - REGULAR SESSION Councilmember Lhotka stated that in the motion regarding the Charter amendments, he had moved to table this to the September 8, 1986 meeting, and this had not been noted in the minutes. Therefore, he stated it was also not placed on the agenda for this evening's meeting. He asked the City Attorney what the correct procedure would be for this item. The City Attorney stated that the Charter amendment should be placed on the agenda for the next meeting and a correction made to the minutes of the August 25, 1986 meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the August 25, 1986 City Council meeting with the correction made regarding the Charter amendment. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to remove from the table any discussion regarding the Charter amendment, and to retable until the September 22, 1986 City Council meeting. The motion passed unanimously. 9 -8 -86 I t RESOLUTIONS RESOLUTION NO. 86 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS (IMPROVEMENT PROJECT NO. 1986 -20, CONTRACT 1986 -P) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFROMED UNDER CONTRACT 1986 -H ( EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE I STREETSCAPE IMPROVEMENTS, PROJECT NO. 1986 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -139 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NAMING THE RESIDENTS OF BROOKLYN, MICHIGAN AS HONORARY CITIZENS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: - AMUSEMENT DEVICE LICENSE - OPERATOR Plaza Investments Lmt. Partnership 2200 Freeway Blvd. U.A. Movies at Brookdale 5810 Shingle Cr. Pkwy. FOOD ESTABLISHMENT LICENSE Ramada Hotel 2200 Freeway Blvd. LODGING ESTABLISHMENT LICENSE Ramada Hotel 2200 Freeway Blvd. MECHANICAL SYSTEMS LICENSE Ramada Hotel 2200 Freeway Blvd. T.G.S. Mechanical Inc. 50 Choctaw Circle PUBLIC DANCE LICENSE - Ramada Hotel 2200 Freeway Blvd. SWIMMING POOL LICENSE Ramada Hotel 2200 Freeway Blvd. 9 -8 -86 -2- The motion asse p d unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the Conditions of Approval Pertaining to Planning Commission Application No. 80005 (Thrifty Scot Motel). He noted that the City ouncil had originally mall approved this item b a mono g y pp y n but the Attorney for the applicant has stated he would like the approval in resolution form. The Director of Planning & Inspection stated that generally speaking, a special use permit runs with the land and that this type of condition should not have been attached to a commercial use. Mayor Nyquist stated that he feels we could be setting a precedent if we amend the original conditions of approval. :Mayor Nyquist asked if the City would be making a distinction between home occupation permits and special use permits for commercial areas. The Director of Planning & Inspection stated the sale of commercial property cannot be hindered by this condition. Councilmember Lhotka asked why this condition was originally placed 'on the special use permit. The Director of Planning & Inspection stated that this was a basic condition that was placed on all special use permits. Councilmember Hawes asked what would be required if the building was turned into an office complex. The Director of Planning & Inspection stated that the applicant would have to apply to change the special use permit. Councilmember Lhotka asked if this change would weaken the ordinance. The Director of Planning & Inspection responded negatively and added that it only recognizes the fact that the City placed a condition on the special use permit that could not be legally enforced. Councilmember Lhotka stated that he does not understand how the City place this condition on residential uses but not on commercial uses. The City Manager stated that perhaps this could be placed on a future agenda as a discussion item to obtain the City Attorney's opinion. Councilmember Lhotka asked if this item must be approved this evening. The Director of Planning & Inspection stated that without this resolution the transfer of title will be delayed. However, he stated he was not sure what the time line was for the transfer of title. RESOLUTION NO. 86 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. 80005 REGARDING THE THRIFTY SCOT MOTEL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. Councilmember Scott stated that she would like to see a future agenda item regarding this issue. The City Manager stated that staff could be prepared to discuss it at the second meeting in October. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into a Convention and Visitors Bureau Agreement. He briefly reviewed the memorandum which had been prepared for this item an noted that staff 9 -8 -86 _3_ t recommended approval of the agreement. RESOLUTION NO. 86 -141 Member Gene Lhotka introduced the following resolution and moved its adoption: adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONVENTION AND VISITORS BUREAU AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Making Appointment to the North Metro Convention and Tourism Bureau. Councilmember Scott asked how often the group planned on meeting. The City Manager stated that he believed the group would meet every two weeks. Councilmember Scott asked if an alternate could be appointed. The City Manager stated that there had been no provisions made regarding an alternate in this agreement and added that the Council may want this provision put into any future agreements. Councilmember Hawes stated that he would be available to attend these meetings. RESOLUTION NO. 86 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING NOMINEE TO THE NORTH METRO CONVENTION AND TOURISM BUREAU The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Mary Ellen Rabine. RESOLUTION NO. 86 -143 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY ELLEN RABINE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager introduced a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Rabine. RESOLUTION NO. 86 -144 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD RABINE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 9 -8 -86 -4- t • REVIEW OF COMPREHENSIVE GUIDE PLAN REGARDING PARK LAND ALONG MISSISSIPPI RIVER SOUTH OF 694 (NORTH MISSISSIPPI REGIONAL PARK) The City Manager stated that the Council's rejection of the regional park plan is in conflict with the Comprehensive Guide Plan set up for the City. The Comprehensive Guide Plan states that there should be a park in this area. He stated that he is suggesting that the Council appoint an ad hoc committee to review the Comprehensive Guide Plan regarding park land in this area and to report back to the Council with their findings. Mayor Nyquist stated that he did not feel the regional park plan and the people who proposed it were being very honest with the City. He stated he felt that they only wanted to clean up the Mississippi park area and that the regional park plan was an effective way to do it. Councilmember Theis stated that he feels that the City should still go ahead with the park in this area but that he did not want the area included in a regional park plan. He added that he did not think the Comprehensive Guide Plan should be changed. Councilmember Lhotka stated that he is not sure if Brooklyn Center needs a regional or local park in that area and that he agreed with the Mayor's statement. He stated that there was not enough money available to finish this project and that he did not want to see the property left vacant and not on the tax rolls. He added that he would like to see the State, Metro Council and Minneapolis get their act together and then come back before the Council. Councilmember Hawes stated that he was somewhat in favor of a park along the river because in so many areas there are uses that do not belong on the river. He added that he felt the.committee that discussed the regional park plan did a • very poor job. Councilmember Scott stated that she felt the group had been very argumentative and against Brooklyn Center. She noted that the majority of the land that was needed for the regional park was within Brooklyn Center but that Brooklyn Center only had two members on the committee. She added that she felt an ad hoc committee was a very good idea and that if a park was going to be put in the area she would rather see State money spent on the project instead of local money. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint an ad hoc committee mmittee to review the Comprehensive Guide Plan and report back to the City Council by the end of December. The motion passed unanimously. Councilmember Scott stated that she would like to have members of the Park & Recreation Commission and Planning Commission on this ad hoc committee, and asked about the size of the group. The City Manager stated that normally five to seven members is a good size for such a committee. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86031 SUBMITTED BY CODECO INC REQUESTING AN APPEAL FROM A DETERMINATION BY STAFF THAT A DROP -IN CHILD CARE SERVICE IS NOT PERMITTED IN THE WESTBROOK MALL SHOPPING CENTER UNDER THE PROVISIONS OF SECTION 35- 322.30 The City Manager noted this item was recommended for denial by the Planning Commission at its August 28, 1986 meeting. He further explained that the 9 -8 -86 -5- i Planning Commission also recommended an amendment to Chapter 35 to allow this type of use in Cl and C2 zones. The Director of Planning & Inspection referred the Council to pages one through three of the August 28, 1986 Planning Commission minutes and the informational sheet on Application No. 86031 attached with those minutes. He proceeded to review the application and noted that one of the concerns of the Planning Commission was that the license be distinguishable from normal day care licenses approved by the State. He went on to explain that the Department of Public Welfare does issue a conditional license to this type of day care facility and the City could request to review the license each year at renewal time. He stated that the Planning Commission did recommend denial of the application to uphold the interpretation of the zoning ordinance, but also recommended an ordinance amendment to permit this type of use. He noted that there was no public hearing scheduled for this application but that the applicant was present to answer any questions the Council may have. Councilmember Hawes stated that he had a number of questions regarding this operation and went on to briefly review a few of them. He noted that in the information prepared for this application, it was stated that there would be no food served in the facility, however, children would be allowed to bring a bag lunch. He inquired if there would be refrigerators on the premises for storage of these lunches and if someone would be present to help the children with the meals. He also asked how the business would control parents not leaving their children there for more than five hours and how the number of children per day would also be controlled. The Director of Planning & Inspection stated that the zoning ordinance would not regulate these items but that the State licensing procedure would. Councilmember Hawes stated that he was also concerned that if • a child did not get the care that a parent expected, the parent may come back against the City regarding their complaint and not the State. Mayor Nyquist recognized Mr. Gary Code who stated his company was a franchise of Kids Time Out. He stated that his business would be licensed and regulated very strictly by the State. He noted that there would be refrigerators on the premises for any type of bag lunches or snacks that parents would bring for their children and that parents could leave special instructions for eating. He stated that there is ratio of one teacher or adult to every ten children and that there would always be supervision for those children that would be eating or snacking on the premises. He stated that his business would have the right to refuse a child if the five hour limit had been abused in the past. Mr. Harvey Johnson from Kids Time Out stated that there is staff always on call if the need arises for more personnel at the business. Councilmember Lhotka asked what the average number of children would be per hour at the facility. Mr. Johnson stated that the Burnsville facility normally has between 20 and 25 children per hour. He stated that he believed that once the business was built up in Brooklyn Center there would be an average of 30 children per hour at this facility. Councilmember Scott asked if they were limited to a number of children per square foot as in regular day care licensing. Mr. Johnson responded affirmatively and stated that if the maximum number of children were registered at one hour the staff would be instructed to refuse more children until someone left. Councilmember Theis asked how the cost per hour at Kids Time Out relates to other day care facilities. Mr. Johnson stated that he was • 9 -8 -86 -6- r not sure of the cost for full -time day care centers. • There was a motion b Councilmember Hawes and seconded b Councilmember Y y Lhotka to deny Planning Commission Application No. 86031 submitted by Codeco, Inc. The motion passed with Councilmember Theis opposed. Councilmember Theis stated that he would like to clarify his vote by changing it to be in favor of the motion. The motion passed unanimously. Councilmember Lhotka asked if the staff had any studies which indicate a need for this type of day care in the area. The Director of Planning & Inspection stated that City staff did not have any statistics on hand, but he was sure that Mr. Johnson or Mr. Code would have some type of statistics on this need. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Drop -In Child Care Centers. The motion passed with Councilmember Hawes opposed. The public hearing was set for October 13, 1986 at 7:30 p.m. PLANNING COMMISSION APPLICATION NO. 86032 SUBMITTED BY SPIRITUAL LIFE MINISTRIES INC REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A RELIGIOUS TRAINING CENTER IN THE INDUSTRIAL BUILDING AT 1800 FREEWAY BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its August 28, 1986 meeting. The Director of Planning & Inspection referred the Council to pages three through five of the August 28, • 1986 Planning Commission minutes and the informational sheet on Application No. 86032 attached with those minutes. He proceeded to review the application and noted that both religious and educational uses are comprehended in the I -1 zoning district in Section 35 -330, Subsection 3f of the zoning ordinance. He noted that the facility would mostly be used in the evenings, and that these evening hours would compliment the day time hours from the other uses in the area. He briefly reviewed the six conditions which the Planning Commission recommended for approval and stated that a public hearing had been scheduled for the meeting this evening. Councilmember Lhotka asked if these buildings were fire sprinklered. The Director of Planning & Inspection responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. Mayor Nyquist recognized Mr. Butch Ellingson of Spiritual Life Ministries, Inc. who stated he would try to answer any questions the Council may have. Councilmember Hawes stated that in the information provided for this application it states that the organization provides assistance to local ministries in the form of medical and educational supplies. He asked if there would be any storage of supplies within the building. Mr. Ellingson stated that these supplies are sent to foreign countries and not stored on the premises. Councilmember Lhotka asked what type of training yP g take P lace at the facility. Mr. Ellingson stated that there would be biblical training inig n of preachers and lay people. 9 -8 -86 4 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86032 submitted . by Spiritual Life Ministries, Inc. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86032 submitted by Spiritual Life Ministries, Inc. requesting special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard, subject to the following conditions: 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The special us p e ermit is subject to a P ,] 11 applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. . 3. The special use permit is issued to the applicant as operator of the religious training center and is nontransferable. (This condition does not prevent a change of ownership or management of Spiritual Life Ministries, Inc., but applies to any operation wishing to use the space which is not a continuation of the operation proposed under this application). 4. The owner of the property shall agree in writing to provide the striping and delineating of up to 71 parking stalls at the • northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number ,of parking spaces. Said written agreement shall become a part of the lease agreement between the owner and the Spiritual Life Ministries tenant. The plan for striping and delineating parking stalls shall be subject to review and approval by the Zoning Official. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 6. The special use permit shall be reviewed by the Planning Commission and the City Council three years from the date of the original approval. Councilmember Lhotka asked if the Council were approving a training center or a church. The Director of Planning & Inspection stated that staff considers this use more of a training type than a church; although, some religious activity will take place. The City Attorney stated that he had no reason to believe it would not be a permitted use under the ordinance. Councilmember Lhotka stated that he would like to add an amendment to the motion so that it would read "there was a motion by Councilmember Scott and seconded by 9 -8 -86 -8- Councilmember Hawes to approve Planning Commission Application No. 86032 • submitted by Spiritual Life Ministries, Inc. requesting special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard, subject to the six conditions of the Planning Commission and approval by the City Attorney: ". Councilmember Scott and Councilmember Hawes agreed to the amendment which Councilmember Lhotka recommended. Upon vote being taken on the foregoing motion, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :30 p.m. and reconvened at 8 :45 p.m. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 86033 SUBMITTED BY LOMBARD PROPERTIES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A PLAZA AND PAVILION IN THE CENTRAL PARKING LOT OF THE SHINGLE CREEK BUSINESS CENTER NORTH OF FREEWAY BOULEVARD AND WEST OF SHINGLE CREEK PARKWAY and PLANNING COMMISSION APPLICATION NO. 86034 SUBMITTED BY LOMBARD PROPERTIES REQUESTING AMENDED SPECIAL USE PERMIT APPROVAL TO PROVIDE A NEW ALLOCATION OF OFF -SITE ACCESSORY PARKING FOR THE RAMADA HOTEL SHINGLE CREEK II RCM PLAZA AND PARKWAY PLACE ON THE CENTRAL LOT AT THE ABOVE- REFERENCED SHINGLE CREEK BUSINESS CENTER The City Manager stated that the Planning Commission recommended approval of Planning Commission Application Nos. 86033 and 86034 at their August 28 1986 • meeting. The Director of Planning & Inspection referred the Council to pages five through seven of the August 28, 1986 Planning Commission minutes and the informational sheet on Application Nos. 86033 and 86034 attached with those minutes. He proceeded to review the applications and showed a transparency of the area where the plaza would be located. He noted that by adding the plaza the parking lot would be reduced by 64 stalls. The Director of Planning & Inspection stated that in Application No. 86034 the applicant is requesting a change in the allocation of parking stalls for the Ramada Hotel, Shingle Creek II, RCM Plaza and Parkway Place. He noted that the Planning Commission did not comprehend the plaza ever being considered as proof of parking because of the expense of the improvement to that area. He noted that a ramp has been considered for the future. Mayor Nyquist opened the public hearing for Planning Commission Application Nos. 86033 and 86034 submitted by Lombard Properties. He inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 86033 and 86034 submitted by Lombard Properties. The motion passed unanimously. Councilmember Lhotka asked a representative of the applicant to explain the purpose of the plaza. Mr. Steve Mosborg of Lombard Properties stated that it is 9 -8 -86 -9- an extension of the master landscaping plan. He noted that it would give a visual break in the central parking lot and would be a benefit to both Lombard • Properties and the City. Councilmember Lhotka asked the size of the pavilion. Mr. Mosborg stated that the pavilion would be quite small and would only be approximately 12 feet by 12 feet. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86033 submitted by Lombard Properties requesting site and building plan approval to construct a plaza and pavilion in the central parking lot of the Shingle Creek business center north of Freeway Boulevard and west of Shingle Creek Parkway, subject to the following conditions: 1. Building, plumbing, mechanical and electrical plans for the pavilion, fountain, and pools are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits.• 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. B612 curb and gutter shall be provided around all parking and driving areas. 4. Underground irrigation shall be provided in all landscaped areas to facilitate site maintenance. • 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. An as -built utility survey of the site shall be submitted to the City Engineer prior to release of the financial guarantee for the central lot. 7. The private road known as Parkway Circle shall be designated as a fire lane in its entirety. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 86034 submitted by Lombard Properties requesting amended special use permit approval to provide a new allocation of off -site accessory parking for the Ramada Hotel, Shingle Creek II, RCM Plaza and Parkway Place on the central lot at the above - reference Shingle Creek Business Center, subject to the following conditions: 1. The revised declaration establishing parking rights for the Ramada Hotel, RCM Plaza, Parkway Place, and Shingle Creek II shall be reviewed and approved by the Zoning Official and the City Attorney prior to filing at the County. 9 -8 -86 -10- • 2. The performance agreement and financial guarantee for the central lot and the agreement between the City and Lombard Properties for the possible construction of a ramp within that lot shall remain in effect until all need for the ramp has been removed by approved and construction developments within the Shingle Creek Business Center. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Earle Brown Commons Project). He noted this ordinance was first read on August 11, 1986, published in the City's official newspaper on August 21, 1986, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion passed unanimously. ORDINANCE NO. 86 -09 • Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Amending Conditions of Approval for Planning Commission Application No. 86027 Submitted by Earle Brown Commons. He stated that incorrect data had been compiled for the platting of this land and it is therefore impossible for condition No. 10 to be met before September 30, 1986. He explained that the Council would only be waiving condition No. 10 regarding the final approval of the plat by the Council and the filing at the County. RESOLUTION NO. 86 -145 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING CONDITIONS OF APPROVAL FOR PLANNING COMMISSION APPLICATION NO. 86027 SUBMITTED BY EARLE BROWN COMMONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. 9 -8 -86 -11- The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permit Fees. He explained this ordinance was first read on August 11, 1986, published in the City's official newspaper on August 21, 1986, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permit Fees. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Administrative Permit Fees. The motion passed unanimously. ORDINANCE NO. 86 -10 Member Celia Scott introduced the.following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMIT FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. • 1986 -07. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07. The motion passed unanimously. RESOLUTION NO. 86 -146 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. 1986 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for 1986 Diseased Shade Tree Removal Costs. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Proposed Assessment for 1986 Diseased Shade Tree Removal Costs. The motion passed unanimously. 9 -8 -86 -12- RESOLUTION N0. 86 -141 • Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Public Utility Hookups. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on Proposed Assessment for Public Utility Hookups. The motion passed unanimously. RESOLUTION NO. 86 -148 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENTS FOR PUBLIC UTILITY HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. • Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Delinquent Public Utility Accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Proposed Assessment for Delinquent Public Utility Accounts. The motion passed unanimously. RESOLUTION NO. 86 -149 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for Delinquent Weed Destruction Accounts. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Proposed Assessment for Delinquent Weed Destruction Accounts. The motion passed unanimously. • 9 -8 -86 -13- RESOLUTION NO. 86 -150 e Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:16 p.m. and reconvened at 9:27 p.m. PROCEDURE FOR DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES The Director of Public Works briefly reviewed the memorandum and procedure prepared for this item. Councilmember Lhotka asked what the next step was after a second notice was sent to the owner. The Director of Public Works stated the next step would be to take the item to the City Council where a resolution would be approved setting five days in which to comply. He noted the actual time from the first notice through the City Council setting a five day limit is approximately 35 days or more. Councilmember Theis asked if the owner cooperates with our notices, is the usual time span between the first notice and the tree coming down approximately six days. The Director of Public Works stated that it is usually a minimum of two . weeks before a tree would be taken down. Councilmember Theis stated that he would like to see the time period cut down so that these trees are not allowed to remain standing and infect other trees in the area. The Director of Public Works stated that he felt the time period could be shortened in the future but that he would not be comfortable with that procedure for this year. Councilmember Theis agreed that it may be too late to begin such a procedure at this time of the year. He added that he would like to see the communities north of us pressured to take down their diseased elm trees sooner. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to accept the procedure set forth by the Director of Public Works for the year 1986 and instruct the staff to investigate different procedures which would be quicker in the future. The motion passed unanimously. RESOLUTION NO. 86 -151 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST86 -1) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PROCLAMATION Member Gene Lhotka introduced the following proclamation and moved its adoption: 9 -8 -86 -14- PROCLAMATION SUPPORTING UNITED WAY'S SALUTE TO SMALL BUSINESS The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. PUBLIC HEARING ON ANNUAL CITY BUDGET The City Manager stated that this evening an overview of the annual City budget will be presented to the City Council, and the public hearing may be continued to September 15, 1986. He noted that staff is anticipating a loss of federal revenue sharing funds, but added that if federal revenue sharing is reinstated staff would come back to the Council for a public hearing at that time. The Finance Director began the overview by reviewing aspects of the proposed budget and then proceeded to discuss revenues and other funding sources. He stated at the September 15, 1986 special City Council meeting, individual departmental budgets would be reviewed. The City Manager stated that he and the Director of Finance had cut $300,000 from the department requests and transferred that to the capital improvements fund. He noted that they had also made a number of other cuts which could be reviewed at the next meeting. Councilmember Theis asked if a brief summary of the other cuts could be prepared for the Council's information. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on the annual City budget to September 15, 1986. • The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:13 p.m. City Clerk Mayor 9 -8 -86 -15- I CITY 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: September 12, 1986 RE: Final Plat - Brooklyn Crossing 2nd Addition The Brookdale Office Park Partnership, developer of the above referenced plat, has petitioned the City Council to approve the final plat Brooklyn Crossing 2nd Addition. The land is located at the intersection of CSAH 10 and Northway_ Drive. Conditions proposed for the preliminary plat were as follows: 1. Final plat is subject to review and approval of the City Engineer. 2. Final plat is subject to the provisions of Chapter 15 of City Ordinances. 3. The necessary documents for relocating the existing utility easements shall be reviewed and approved by the City Engineer and the City Attorney prior to final plat approval. Conditions 1 and 2 have been met. Accordingly, we recommend approval of the final plat subject to the following conditions: 1. Receipt of a title opinion from the City Attorney confirming the appropriate parties responsible for signing the plat. 2. The necessary documents for relocating the existing utility easements shall be reviewed and approved by the City Attorney and executed prior to final plat approval. 3. Payment of all City Attorney's fees incurred in the review of the plat. Resp fu y submitted, Approv d fo submittal .R. urr" r Sy napp ity ngin r Director of Public Works HRS: jn PLAT.912 •, 71e So.rcetici.cy nl mce (� „ BROOKLYN CROSSING 2ND ADDITION i` 2 ` O l0 s ar49'23' • , NU O v ,.7 y - �O N 0 so too qo SCALE tN FgEr Denotes Iron Monument All 9earings Shown Are Assumed I,I MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner DATE: September 16, 1986 SUBJECT: Performance Guarantees The following performance guarantees are recommended for release or reduction as specified. 1. Summit State Bank 6100 Summit Drive Planning Commission Application No. 78002 Amount of Guarantee - $25,000 bond Obligor - Summit State Bank of Richfield, Brooklyn Center Industrial Park This guarantee had been held to cover deferred concrete curb and gutter in the parking lot at the old Summit Bank Building. In light of the fact that the City has acquired the property and the parking lot has been redesigned for the new Earle Brown Commons residential development, the purpose of retaining this guarantee seems to have been eliminated. Recommend total release. 2. Brooklyn Crossing Office Building 3300 County Road 10 Planning Commission Application No. 81017 Amount of Guarantee - $15,000 bond Obligor - C & G Transcontinenal Developers This guarantee has been held to cover deferred curb and gutter on the driveway from Northway Drive to the parking lot. With the proposal of a new office park in this area and realignment of the access drive, the need for continuing this guarantee is eliminated. Recommend total release upon submission of a new guarantee and performance agreement for the site improvements in the office park complex. 3. Brookwood North Lilac Drive between Dupont and Humboldt Avenues North Planning Commission Application No. 83004 Amount of Guarantee - $20,000 bond Obligor - Brutger Companies This guarantee has been held to assure viability of landscaping in the development. Plantings have been replaced in some cases twice. The landscaping now appears in good shape. Other improvements are completed. Recommend total release. 4. Ramada Hotel 2200 Freeway Boulevard Planning Commission Application No. 83045 Amount of Guarantee - $100,000 bond Obligor - Plaza Real Estate Partners Site work is essentially complete. Utilities, paving, curb and gutter are in. Landscaping is being completed. Recommend reduction from $100,000 to $30,000 to cover all landscaping until next year. Performance Guarantees Page 2 September 16, 1986 5. Highway 100 Racquet and Swim Club 4001 Lakebreeze Avenue North Planning Commission Application No. 83051 and 86003 Amount of Guarantee - $100,000 bond Obligor - Normandale Tennis Coubs, Inc. Site improvements at the principal site are complete. The off -site parking lot (Planning Application No. 86003) has been constructed and landscaping is completed. Recommend release of original $30,000 guarantee and reduction of off -site parking lot guarantee to $10,000 to insure viability of landscaping on off -site lot north of Lakebreeze Avenue North. 6. Target /Ryan Shopping Center 6000 -6100 Shingle Creek Parkway Planning Commission Application No. 85001 Amount of Guarantee $285,000 bond Obligor - Ryan Construction Company Site improvements are essentially complete. Site utilities, paving, curb and gutter, and landscaping have all been installed. Screening of trash behind the smaller detached building should be improved. Recommend reduction of guarantee to $25,000 to assure viability of landscaping until next year. Approved Ronal A. Warren, Director of Planning and Inspection i /o, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING SANITARY SEWER RATE FOR THE ELDERLY BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that a special sanitary sewer rate is hereby established for elderly residents with the head of household or spouse 62 years of age or older and a maximum of 2 persons in the household. The maximum limitation of 2 persons in the household may be exceeded by any additional persons who are at least 62 years of age or who are disabled. Persons meeting the above requirements shall file with the City a certification on a form approved by the City. Such certification shall be filed between September lst and December 31st of the year preceding. Falsification of information submitted on said certification shall constitute a violation of Section 4 of the City Code and shall be prosecuted in accordance with Section 4 -501 of the City Code. The special sanitary sewer rate for all accounts billed during calendar year 1987 shall be equal to fifty -five percent (55 %) of the rate established for single family homes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /06 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO CONTRACT 1985 -K AND PROCEDURES FOR CORRECTION OF PROJECT DEFICIENCIES (DALLAS ROAD BETWEEN 72ND AND 73RD AVENUES NORTH) WHEREAS, the Director of Public Works has reported to the City Council that substantial deficiencies exist on the newly reconstructed Dallas Road between 72nd and 73rd Avenues North (Project No. 1985 -12, Contract 1985 -K) and has recommended the following 3 phase program: Phase Description Estimated Cost I Repair or replacement of currently $ 14,500 deteriorated sections II Monitoring and testing $ 1,500 III Reconstruction 42,000 Estimated Total Project Cost $ 58,000 AND, WHEREAS, special assessments have already been levied to abutting properties for the benefits derived from the street reconstruction: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The 3 phase procedure for correction of deficiencies as recommended by the Director of Public Works is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to enter into Supplemental Agreement with Hardrives, Inc., the contractor for Contract 1985 -K, providing for completion of the work described in Phase I at an estimated cost of $12,000 less an estimated credit of $2,500 for defective work by the contractor. 3. The Director of Public Works is hereby authorized and directed to conduct the monitoring and testing program described in Phase II. 4. Upon completion of the monitoring and testing program the Director of Public Works is hereby authorized and directed to prepare plans and specifications for the completion of the project under Phase III, and shall submit said plans and specifications to the City Council for approval. 5. Funding for all work contemplated herein is hereby allocated from the Municipal State Aid Fund Balance Account No. 2611. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a CITY 6301 SHINGLE CREEK PARKWAY OF ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 18, 1986 RE: Dallas Road Between 72nd and 73rd Avenues North In February, 1986 our department became aware of problems with newly constructed (in 1985) Dallas Road between 72nd and 73rd Avenues North. Inspection of the project showed that frost heave was displacing several newly constructed driveway aprons on Dallas Road. Then, in early Spring of 1986, the roadway surface also began to show signs of distress and failure. At that time we employed STS Consultants, Ltd. (an independent consulting geotechnical engineering firm) to conduct a program of testing and evaluation to determine the cause of the frost heave, the cause of pavement distress and failure, and to recommend what steps should be taken to assure that the street will have a 20 . year (minimum) design life. STS prepared an evaluation of the pavement and driveway distress and failure areas. Their report indicates: (1) that the frost heave of the pavement and of the driveways is caused by the freeze -up of the underdrain system which was installed (to a depth of 2 1/2 to 4 feet) as a part of the 1985 project; (2) that the pavement structure is inadequate for the type of subgrade soils which exist in this location; and (3) that there are several areas (primarily those areas which have already shown signs of failure) where construction did not comply with the plans and specifications. Numerous alternative remedies ranging in cost from $25,000 to over $100,000 have been considered. Following detailed evaluation of those alternatives we now recommend the following three phase plan: Phase I All of the currently distressed and damaged pavement areas would be removed, the subgrade would be corrected and the pavement would be replaced. This phase would be accomplished during the next 2 to 4 weeks. Phase II The entire pavement (both the repaired sections and the currently non - deteriorated sections) and all driveways would be monitored during the winter and spring of 1986 -87. In spring of 1987 the roadway would be tested with the use of a RoadRater. (The RoadRater is a machine which is designed to analyze the structural capacity of an inplace roadway. Note: When a street is in an area which has a high groundwater table the RoadRater must be used in the spring "' 71e So.ket!`i.rg Now j?z4 „ September 18, 1986 Page 2 of the year when the groundwater table is at its highest so as to test the road when it is most susceptible to damage.) Use of the RoadRater will tell us whether additional subgrade problems exist and whether any additional repair or replacement of the pavement is necessary. Phase III Upon final evaluation of the monitoring and testing program we will develop a repair project consisting of the following elements: 1. Install a new subdrain system at a depth of approximately 5 to 6 1/2 feet (depth will depend on conflicts with other utility lines). 2. Repair or replace driveways which have been by frost heave. 3. Repair or replace additional pavement areas which have been identified as needing repair by use of the RoadRater. 4. Finally, a complete bituminous overlay would be placed to provide the additional structure needed to assure capacity of the roadway. It is proposed that Phase III be completed in early summer of 1987. COST ESTIMATE Following is our cost estimate for completion of the work as described above: Phase I Estimated Total Construction Cost = $12,000 Engineering Services by STS to Date = 5.000 Subtotal $17,000 Less Charge to Hardrives, Inc. for Defective Work = -2.500 Subtotal, City Cost for Phase 1 = $14,500 Phase II Rental of RoadRater and Engineering Analyses = $1,500 Phase III Estimated Contract Cost = $40,000 Engineering Cost (additional analyses by STS) = 2.000 Subtotal, City Cost for Phase III 42,000 Total estimated project cost to City = $58,000 September 18, 1986 Page 3 CONCLUSION It is my opinion that, while this proposal does not fully comply with MNDOT established design standards (implementation of those standards would cost well over $100,000), the recommended procedure will result in a roadway which will have a 20 year (plus) life expectancy with few, if any, problems. Attached hereto for consideration by the City Council is a resolution which would approve a supplemental agreement with Hardrives, Inc. (the contractor for the 1985 project) to complete Phase I. The resolution would also direct our office to conduct Phase II investigations, and to prepare plans and specifications for Phase III. Finally, the resolution provides that funding for all of this work be allocated from the Local Municipal State Aid Street Fund. If this resolution is adopted we will proceed with Phases I and II, then submit plans and specifications for Phase III, along with an updated cost estimate to the City Council for approval in late spring of 1987. Because of the costs involved we recommend that Phase III work be placed under a new contract rather than to do the work under supplemental agreement with Hardrives, Inc. INFORMATION TO PROPERTY OWNERS If this recommendation is approved we will send a letter to each of the property owners on this block advising them of our proposed repair program and also advising them that the work would be done at no additional cost to them. Respectfully submitted, S+app Director of Public Works f SK:' Member introduced the following resolution and moved its adoption: RESOLUTION NO. CALLING SPECIAL ELECTION FOR SUBMISSION OF PROPOSED AMENDMENTS TO CITY CHARTER AND FIXING FORM OF BALLOTS NOVEMBER 4 1986 WHEREAS, the Brooklyn Center Charter Commission, appointed by the District Court of Hennepin County for the City of Brooklyn Center, has on August 25, 1986 delivered to the Mayor of the City proposed amendments to Section 2.03 and 4.01 of the Home Rule Charter duly adopted by the Charter Commission; and WHEREAS, the said proposal is to amend said Sections 2.03 and 4.01 respectively to read in their entirety as follows: (brackets indicate material to be deleted, underline indicates new material) Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Councilmembers who shall be registered voters of Brooklyn Center, and who shall be elected at large. Each Councilmember shall serve for a term of [three (3)] four (4Z years. The Mayor shall serve for a term of [two (2) ] four W years. The Council shall be canvassers of the election of the Mayor and the Councilmembers. Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of [each year] even - numbered ears at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center: 1. That the question of the adoption of said proposed amendments to the Home Rule Charter of the City shall be submitted to vote of the electors of the City at a special election which is hereby called to be held at the regular polling places in the City on the 4th day of November, 1986 concurrently with the general city election to be held on said date. RESOLUTION NO. • 2. The Clerk is authorized and directed to cause notice of the time and places of holding such election and of the issue to be submitted to the voters by publishing a notice thereof once each week in the official newspaper of the City for two (2) successive weeks prior to said election. 3. The Clerk is authorized and directed to cause suitable ballots to be prepared for said election which shall be in substantially the,following form: SHALL SECTION 2.03 AND SECTION 4.01 OF THE HOME RULE CHARTER OF THE CITY OF BROOKLYN CENTER, AS ADOPTED NOVEMBER 8, 1966, BE AMENDED SO AS TO CHANGE CITY ELECTIONS TO EVEN YEAR ELECTIONS; CHANGE COUNCILMEMBER TERMS FROM THREE (3) YEARS TO FOUR (4) YEARS; CHANGE THE MAYOR'S TERM FROM TWO (2) YEARS TO FOUR (4) YEARS? Yes No 4. Such election shall be held and conducted and the returns thereof made and canvassed in the manner prescribed by law for such an election in the City. - Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BROOKLYN CENTER, MINNESOTA REPORT OF CHARTER COMMISSION To: Darlene Weeks, City Clerk of the City of Brooklyn Center We, the undersigned, being the duly appointed, qualified and acting members of the Charter Commission in and for the City of Brooklyn Center, Hennepin County, Minnesota, appointed by the District Court, Fourth Judicial District, State of Minnesota, hereby certify that at a meeting of said Commission duly called and held at the City Hall in said City on October 23, 1985, the said Commission duly adopted the following proposed amendments to Sections 2.03 and 4.01 of the Home Rule Charter of the City of Brooklyn Center and hereby affix our signatures to the same in testimony of our approval thereof and deliver the same to the Honorable Dean A. Nyquist, Mayor of the City of Brooklyn Center, for action pursuant to law: Sections 2.03 and 4.01 of the Home Rule Charter of the City of Brooklyn Center shall be amended in its entirety to read as follows: (brackets indicate material to be deleted, underline indicates new material) Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Councilmembers who shall be registered voters of Brooklyn Center, and who shall be elected at large. Each Councilmember shall serve for a term of [three (3) ] four (4) years. The Mayor shall serve for a term of [two (2) ] four (4) years. The Council shall be canvassers of the election of the Mayor and the Councilmembers. Section 4.01. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of [each year] even - numbered . ears at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Dated at Brooklyn Center, Minnesota 1986 t g C a rman I, Darlene Weeks, the City Clerk of the City of Brooklyn Center hereby certify that the foregoing draft of the proposed amendments to the Home Rule Charter of the City of Brooklyn Center and c tificate connection therewith was delivered to ,',me this day o 1986 by the Charter Commission of the, ,City of Brooklyn o Cle rk ����' City of Brooklyn Center TRANSITION ELECTION ALTERNATIVES The following are two alternatives for providing transition between the current terms of the Mayor and Council with every year elections, and four year terms for the Mayor and Council and even year elections. Alternate I appears to have more advantages than " disadvantages when compared to Alternate II. ALTERNATE I 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Mayor X & O 0 O Hawes X O 0 O Lhotka X O 0 *Scott X 0 0 O Theis X O O O ALTERNATE II 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Mayor X > O 0 0 Hawes X 0 0 O Lhotka X 0 O *Scott X 0 O O Theis X 0 0 0 X - indicates term expiration under existing Charter provision O - indicates term expiration under proposed Charter amendment - indicates extension of current term * - this schedule assumes re- election of Scott in 1986 s& - indicates a transitional two year term i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EVELYN MISFELDT WHEREAS, Evelyn Misfeldt served as a member of the Brooklyn Center Human Rights Commission from May, 1984 through September, 1986; and WHEREAS, her devotion•to the tasks and responsibilities of the Commission contributed to the sound progress and development ment of the City; i and Y WHEREAS, her public service. and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City ouncil of the City of Brooklyn Center Y y ter that the dedicated public service P of Evelyn Misfeldt as a member of the Human Rights Commission is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Ao Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROSEMARY KIESELHORST WHEREAS, Rosemary Kieselhorst served as a member of the Brooklyn Center Human Rights Commission from January, 1984 through September, 1986; and WHEREAS, her devotion to the tasks and responsibilities of the Commission contributed to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Rosemary Kieselhorst as a member of the Human Rights Commission is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t° MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: September 22, 1986 SUBJECT: Special Request for Purchase of Two - Drawer File Cabinet As you know, the remodeling of the Police clerical record area has caused us to the move the Office Manager, Russ Husten, into the main open clerical office. We have then converted his office space into a records room. The desk we have assigned to him is a clerical desk with a typewriter return. This desk reduces the drawer space from his other desk by one -half. To augment this, I am requesting the purchase of a two - drawer lateral file, with lock to be used by the Office Manager in conjuction with his secretarial desk. This should be a locking file as it will be in a room that is utilized by other personnel around the clock. A cost of $204.00 for the file cabinet was obtained by the City's purchasing agent. I recommend the purchase of the file cabinet out of Department 31, Police, Account Number 4551. There is money in the account to cover this purchase. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF A LOCKING TWO - DRAWER FILE CABINET WHEREAS, the remodeling of the Police Department has caused the Office Manager to be moved into the main clerical office; and WHEREAS, due to this relocation and new desk assignment the Office Manager's drawer space has been reduced by one -half; and WHEREAS, it is being proposed that a locking two - drawer file cabinet be purchased for the Police Department from account number 01 - 4551- 000 -31, in the amount of $204.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of a locking, two - drawer file cabinet is hereby approved and that such purchase be made from account number 01 -4551- 000 -31. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i MEMORANDUM 10: Chief Lindsay FROM: Code Enforcement Officer Nadeau DATE: September 9, 1986 SUBJECT: Kennel License for 5817 Pearson Drive A survey was taken of four neighbors surrounding 5817 Pearson Drive where a private kennel is up for renewal with the following results: 1. Russell Sexton 3824 58th Ave. No. Brooklyn Center, MN phone: 537 -2118 Nadeau spoke with Mrs. Sexton on 09 -08 -86 at 1400 hours. She stated to Nadeau there was no problems with the dogs barking or running at large. 2. Barbara and James Northrup 3900 58th Ave. No. Brooklyn Center, MN phone: 535 -3078 Nadeau spoke with Mrs. Barbara Northrup at 1403 hours who advised that there was no problems with the dogs barking or running at large. 3. John Boone 5813 Pearson Drive Brooklyn Center, MN phone: 535 -3165 Nadeau spoke with Mrs. Boone who stated absolutely no problems have been encountered and the dogs are very well behaved. Memo to Chief Lindsay Page 2 September 9, 1986 4. Edward Backstrom 5821 Pearson Drive Brooklyn Center, MN phone: 537 -1141 On 09 -08 -86 at 1615 hours, Nadeau spoke with Mrs. Backstrom who stated that while the dogs did bark once or twice on occasion, she did not feel there was any type of problem with the kennel license being renewed. She also stated that the dogs were well behaved and did not run at large. In checking our master records, we find one of the dogs from 5817 Pearson Drive, a small collie, was picked up and impounded on July 18, 1986. The dog was impounded in the 60th & June neighborhood. It was retrieved by the owner on July 21. • M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Kristin Lee, Public Health Sanitarian RE: Renewal of Kennel License for Mary Ann Boyer, 5817 Pearson Drive, Brooklyn Center, Minnesota DATE: September 17, 1986 An inspection was made September 17, 1986, of the Boyer property t 5817 Pearson Y rs n Drive o Br okl n Center Minnesota. Y , The Boyers first received their kennel license in April, 1985. Since that time there have been no changes in the situation at the Boyer home. They still have three shelty dogs. One of thes dogs is 12 years' old, another is 9 years and the third is 4 years old. The animals spend most of their time indoors in the basement. They are let outside only when the owners are home. When outside, the dogs are allowed to run.in the back yard which is about 1/2 acre in size and which is entirely enclosed with a 4 foot chain -link fence. - Fecal matter is removed from the yard at least once a week which appears to be sufficient. The Police files show one of the dogs was running loose and was impounded in July of 1986. I do not anticipate any major problems if the Kennel license is renewed at this address. KAL : j t CITY OF BROOKLYN CENTER Notice is hereby given that a public hearin g will be held on the 22nd day of September, 1986 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 regarding the control of noxious weeds. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 REGARDING THE CONTROL OF NOXIOUS WEEDS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 19 -1603 of the City Ordinances is hereby amended in the following manner: Section 19 -1603. NOXIOUS WEEDS DEFINED. a. For purposes of this ordinance and in addition to provisions of Minnesota Statutes Section 18.171, Subdivision 5, "noxious weeds" means the following plants: Common Name Botanical Name Field Bindweed Convolvulus arvensis Hemp Cannabis sativa Poison Ivy Rhus radicans Spurge, leafy Euphorbia esula Thistle, sow Sonchus arvensis Thistle, bull Cirsium vulgare Thistle, Canada Cirsium arvense Thistle, musk Carduus nutans Thistle, plumeless Carduus acanthoides Alyssum, hoary Berteroa incana Milkweed Asclepias syriaca Quackgrass Agropyron repens Ragweed, common Ambrosia artemisiifolia Ragweed, giant Ambrosia trifida b. Any weeds or grass growing to a height greater than eight (8) inches or which have gone or about to go to seed Section 2. This ordinance - shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. Adopted this day of , 1986. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of September, 1986 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City's Liquor Ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangments. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 11 of the City Ordinances is hereby amended by the repeal of the following: [CHAPTER 11 - LIQUOR ORDINANCES] [ NONINTOXICATING LIQUORS [ Section 11 -101. DEFINITION OF TERMS. Subdivision 1. As used in this ordinance, the term "person" includes a natural person of either sex, a partnership, a corporation or association of • persons, and the agent or manager or employee of any of the aforesaid. The singular number includes the plural, and the masculine pronoun includes the feminine and neuter. Subdivision 2. "Beer" or "nonintoxicating malt liquor" means any malt beverage with an alcoholic content of more than one -half of one per cent by volume and not more than three and two - tenths percent by weight. Subdivision 3. "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two- tenths per cent of alcohol by weight. Subdivision 4. "Original package" means the bottle or sealed container in g P g which the liquor is placed by the manufacturer. Subdivision 5. "Bona fide club" means a club organized for social or business purposes or for intellectual improvement, or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subdivision 6. "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the public to be consumed on the premises. ] [ Section 11 -102. LICENSE REQUIRED. Subdivision 1. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or • keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. This section shall not prohibit the giving or • serving thereof to guests in a private home, or in a private gathering. Licenses shall be of three kinds: (1) Retail "on- sale "; (2) Retail "off- sale "; (3) Retail "temporary on- sale ". Subdivision 2. "On- sale" licenses may be granted only to bona fide clubs, bowling establishments, restaurants and hotels where food is prepared and served for consumption on the premises. "On- sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivision 3. "Off- sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. Subdivision 4. "Temporary on-sale" licenses may be granted to clubs, charitable, religious, or nonprofit organizations only. "Temporary on -sale" licenses shall be subject to any special terms and conditions as the City Council may prescribe.] [ 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. Subdivision 2. Every application shall be referred to the Chief of Police for a review as to whether the applicant meets the requirements of the ordinance as to moral character and past offenses, if any. An investigation fee of $100 shall accompany each application provided, however, that such portion of the actual costs of investigation which exceed $100 but not to exceed $500, shall be paid by the applicant. The Chief of Police shall estimate the actual costs of investigation after preliminary review, notify the applicant of 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 exceeded $100 but which remains unused after completion of the investigation shall be returned to the applicant. Subdivision 3. Every "on- sale" application shall be referred to the Director of Planning and Inspection for a review as to whether the proposed licensed premises meets the requirements of the Zoning Ordinance and Building Code.] [ Section 11 -104. 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. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the City shall refund the amount paid. Subdivision 2. "On- sale" and "off- sale" licenses shall expire on the last day of December in each year. Each such license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. Subdivision 3. The annual fee for an "on- sale" license, and "off- sale" license and the daily fee for a "temporary on- sale" license shall be as set forth in Section 23 -010 of the City Ordinances. Subdivision 4. No part of the fee paid for any license issued under this • ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: I. destruction or damage of the licensed premises by fire or other catastrophe. 2. the licensee's illness. 3. the licensee's death. 4. a change in the legal status of the municipality making it unlawful for a licensed business to continue.] [ Section 11 -105. GRANTING OF LICENSE. 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 in its discretion. Subdivision 2. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council.] [ Section 11 -106. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: 1. Under 19 years of age. 2. Who has, within the past five years, been convicted of a felony, or of violating the National Prohibition Act or any law of this state or local ordinance relating to the manufacture, transportation or sale of nonintoxicating or of intoxicating liquors. 3. Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. 4. Who is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 5. Who is not of good moral character. 6. Who is or during the period of this license becomes the holder of a Federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. 7. Who is not the proprietor of the establishment for which the license is issued.] [ Section 11 -107. PLACES INELIGIBLE FOR LICENSE. Subidivision 1. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. Subdivision 2. No "on -sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least six months immediately preceding the application for a license.] [ Section 11 -108. CONDITIONS OF LICENSE. Subdivison 1. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of other applicable ordinances of the City or State law. Subdivision 2. All licensed premises shall have the license posted in a conspicuous place at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 19 years of age. Subdivision 4. No person under 19 years of age shall be permitted to sell or serve beer in any "on- sale" establishment. I . Subdivision 5. No gambling or any gambling device shall be permitted on any licensed premises. Subdivision 6. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S.A. 3 No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manaufacturer or wholesaler of • beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subdivision 7. No licensee shall sell beer while holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subdivision 8. No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. Subdivision 9. Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises. Subdivision10. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee.] [ Section 11 -109. CLOSING HOURS. Subdivision 1. No sale of beer shall be made on any Sunday between the hours of 1 :00 a.m. and 12:00 noon. No sale shall be made between the hours of 1 :00 a.m. and 8:00 a.m. on any other day. Subdivision 2. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment on any Sunday between the hours of 1 :00 a.m. and 12 :00 noon. It shall be unlawful to consume or permit the consumption of beer in any "on- sale" establishment between the hours of 1 :00 a.m. and 8:00 a.m. on any other day.] [ Section 11 -110. CLUBS. No club possessing an "on -sale" license shall sell beer to anyone other than members and guests in the company of members.] [ Section 11 -111. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any person under the age of 19 years to consume nonintoxicating malt liquor on the licensed premises. Subdivision 2. Person to procure nonintoxicating malt liquor for any person under the age of 19 years. Subdivision 3. Person to induce a person under the age of 19 years to purchase or procure nonintoxicating malt liquor. Subdivision 4. Person under the age of 19 years to misrepresent his age for the purpose of obtaining nonintoxicating malt liquor. Subdivision 5. Person under the age of 19 years to consume any nonintoxicating malt liquor. Subdivision 6. Person under the age of 19 years to possess any nonintoxicating malt liquor, with intent to consume it at a place other than the household of his parent or guardian. Subdivision 7. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. Subdivision 8. Person under the age of 19 years to consume any intoxicating liquor or nonintoxicating malt liquor unless in the household of his or her parent or guardian and with the consent of his or her parent or guardian.] [ Section 11 -112. REVOCATION. The violation of provision or condition of this ordinance by a beer licensee or his agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases a license granted under this ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the • nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension.] [ Section 11 -113. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect an • y other section, provision or part thereof.] [ Section 11 -114. SUPREMACY CLAUSE. The supremacy clause found in Section 23-013 shall not apply to Sections 11 -101 through 11 -116.] [ MUNICIPAL LIQUOR STORE [ Section 11 -201. LIQUOR STORE ESTABLISHED. A municipal liquor store is hereby established to be operated within this municipality for the sale of liquor potable as a beverage containing more than 3.2% of alcohol by weight in the sealed or closed receptacle or retainer for removal from the premises. No person shall sell, barter, or otherwise dispose of intoxicating liquor, nor shall a sale be made by anyone outside of said municipal liquor store or not employed in and by said municipal liquor store. It shall be unlawful for any person or persons to mix or prepare liquor for consumption in any public place or place of business or to consume liquor in such places. No liquor shall be sold or consumed on a public highway or in an automobile.] [ Section 11 -202. LOCATION AND OPERATION. The said municipal liquor store shall be at such place as the Council shall determine by motion and may be either leased or owned by the municipality. It shall be in charge of a person known as the Operator, who shall also be selected by the City Council and who shall be paid such compensation as the Council shall determine. Said operator shall have full charge of the operation of such municipal liquor store, and shall have authority to purchase supplies as are necessary and employ such additional help as he may need at • a rate of compensation to be approved by the Council and under rules to be determined by the Council. All employees including operator shall hold their positions at the pleasure of the City Manager. No minor person shall be employed in the municipal liquor store.] [ Section 11 -203• FUND CREATED. A municipal liquor store fund is hereby created into which all revenues received from the operation of the municipal liquor store shall be paid, and from which all operating expenses shall be paid, provided that the initial costs of rent, fixtures and stock may be paid for out of the general fund of the municipality, but such amounts shall be reimbursed to the said general fund out of the first moneys coming into the municipal liquor store fund needed for carrying on the said business. Any surplus accumulating in this fund may be transferred to the general fund by resolution of the Council and expended for any municipal purpose.] [ Section11 -204. HOURS OF OPERATION. The municipal liquor store shall at all times observe the following restrictions on the hours of operation: No sale of intoxicating liquor shall be made on Sunday. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Friday and Saturday, on which days off - sales may be made until 10:00 p.m. No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25; but on the evenings preceding such days, off -sales may be made until 10:00 p.m., except that no off -sale shall be made on December 24 after 8:00 p.m. All sales shall be made in full view of the public.] [ OPERATION OF THE MUNICIPAL LIQUOR STORE [ Section 11 -205. OPERATION OF THE MUNICIPAL LIQUOR STORE. Subdivision 1. No business other than the sale of liquors, beer, beverages and related incidental products shall be carried on by the municipal liquor store or • by any person employed therein during the time so employed. Subdivision 2. No liquor shall be sold to a person who is in an intoxicated condition. Subdivision 3. No liquor shall be sold to a person under the age of 19 years. Subdivision 4. No person shall enter or remain in the municipal liquor store except for the purpose of purchasing or selling liquor, beer, beverages or related incidental products. Any person entering or remaining therein for any other purpose may be banned by the City Manager. Any person violating such ban may be punished as provided herein.] [ Section 11 -206. ENFORCEMENT. It shall be the duty of the police department of the municipality to enforce the provisions of this ordinance and to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this ordinance, and to prepare the necessary processes and papers therefor.] [ PURCHASE, POSSESSION, AND CONSUMPTION OF BEER AND LIQUOR BY MINORS [Section 11 -301. LIQUOR ON SCHOOL GROUNDS. Unless possessing a "temporary on-sa e ccense pursuant to M.S. 340.02 (2), no person shall introduce upon, or have in his possession upon, or in, any school grounds, or any school house or school building, any beer, wine, or intoxicating liquors, except for experiments in laboratories.] [ SET UP LICENSE [ Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a permit from the Commissioner of Public Safety and paying the fee as provided in this ordinance.] [ Section 11 -402. ANNUAL LICENSE. Every private club or public place desiring to allow the consumption or display of intoxicating liquor shall on or before July 1 of each year pay to the City Manager a fee of $300 and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro rata fee shall be paid; but no such pro rata fee shall be accepted from any private club or public place which has violated Section 11-401 of this ordinance. In computing such fee, any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be kept posted at all times.] [ Section 11 -403• ONE DAY LICENSE. Any nonprofit organization desiring to allow the consumption or display of intoxicating liquor or the serving and sale of liquids to mix with intoxicating liquor at a sponsored social activity occurring within Brooklyn Center shall pay a fee of $25 to the City Manager, and obtain a license for a specified period not to exceed 24 hours. The license shall not be valid unless approved by the Commissioner of Public Safety. No more than 10 such licenses shall be issued during any one calendar year.] [ 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 with such indicia of membership to be used only for the purposes set forth in this Section 11- 404.] [ Section 11 -405. EXCLUSION. Section 11 -401 does not apply to any premises licensed for the sale of intoxicating liquor.] [ Section11 -406. HOURS OF OPERAT ON. No person shall consume or display, or allow consumption r isplay of intoxicating liquor on any premises of a bottle club or a business establishment between the hours of 1:00 a.m. and 8:00 a.m.; or between the hours of 1 :00 a.m. and 3:00 p.m. on Memorial Day; or between the hours of 1 :00 a.m. and 8:00 p.m. on any primary, special, or general election day held in the district in which the bottle club or business establishment is located.] [ LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR [ Section 11 -501. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. • 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the Premises where sold. 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for purposes of resale. The term "wholesaler" means any person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. 7. As used in this ordinance the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. S 8. The terms "package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. 9. The term "hotel" means and includes any establishment having a resident . proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. 10. The term "restaurant" means any establishment other than hotel under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods. For purposes of an "on -sale wine" license seating must be available for not less than 75 guests at one time with all other sections of definition applicable as stated. 11. The term "club" means and includes any corporation duly organized under the laws of the State for civic, fraternal, social or business purpose or for intellectual improvement or for the promotion of sports which has been in existence for more than three years, and any congressionally chartered veterans' organization which has been in existence for at least three years immediately preceding application for license, which shall have more than fifty members, and which shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. 12. The term "wine" means a vinous beverage containing not more than 14 percent alcohol by volume. 13. The term "on -sale wine" means the sale of wine for consumption on the premises only.] [ Section 11 -502. LICENSE REQUIRED. 1. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liquor store, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this ordinance. Licenses shall be of six kinds: "On -Sale Liquor . Class A "On -Sale Liquor Class B", "On -Sale Liquor Class C", "On -Sale Liquor Class D ", "On -Sale Club ", and "On -Sale Wine ". 2. "On -Sale Liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and to hotels conducted in such a manner that, of that part of the total revenue derived from the serving of foods and intoxicating liquors, a significant part thereof for the license year is derived from the serving of foods. The term "significant part" as used in the subparagraph means the following: a. for Class A licenses, 80% or more of the applicable revenue derived from the serving of foods; Class A licenses are available to all hotels and restaurants. b. for Class B licenses, 50% through 79,% of the applicable revenue derived from the serving of foods; Class B licenses are available to all hotels and restaurants. c. for Class C licenses, 40% through 49% of the applicable revenue derived from the serving of foods; Class C licenses are available only to hotels and to restaurants which derive a considerable part of their revenue from sources other than liquor and food. 3• New applicants who have not established a ratio between food and liquor for the licensed premises shall apply for a Class D license. This is • considered a probationary license. Twelve months of documentation of food and liquor sales shall be presented to the Chief of Police on or before November 1 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 one additional year. Otherwise, a Class A, B, or C license will be assigned based on established ratio. 4. "On -Sale Club" licenses shall be issued only to clubs. 5. "On -Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods, and only the sale of wine not exceeding 14 .percent alcohol by volume for consumption on the licensed premises, in conjunction with the sale of food shall be permitted. a. for wine licenses the term "significant part" means 50% or more of the applicable revenue derived from the serving of food.] [ Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on- sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18. The number of "on -sale wine" licenses shall be unlimited.] [ Section 11 -504. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the Chief of • Police. In addition to the information which may be required by the State Commissioner of Public Safety's form, the application shall contain the following: 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. 2. Type of license applicant seeks. 3. If the applicant is a natural person, the following information: a. True name, place and date of birth, and street resident address of applicant. b. Whether applicant has ever used or been known by a name other than his true name and, if moo, what was such name, or names, and information concerning dates and places where used. c. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application. d. Whether applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. e. Whether applicant and present spouse are registered voters and if • so, where. f. Street address at which applicant and present spouse have lived during the preceding ten years. g. Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. h. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. i. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. j. Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. k. Whether applicant has ever been in military service. If so, • applicant shall, upon request, exhibit all discharges. 1. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or • distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother - in -law or sister -in -law of the applicant or his spouse. 4. If the applicant is a partnership, the names and address of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 above. 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 liquor" or an "on -sale wine" license the following: a. Name, and if incorporated, the state of incorporation. b. A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. . c. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. d. Notwithstanding the definition of interest as given in Section 11 -509 Subdivision 10, the application shall contain a list of all persons, who, singly or together with their spouse, or a parent, brother, sister or child or 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. 6. If the application is for an "on -sale club" license, the following information: a. The name of the club. b. Date that club was first incorporated. True copies of the Articles of Incorporation, Bylaws and the names and street addresses of all officers, executive committee and board of directors shall be submitted. c. A sworn statement that the club has been in existence for more than three years or, in the event that the applicant is a • congressionally chartered veterans' organization, in existence for more than three years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts is stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. d. The number of members. e. The name of the manager, proprietor or other person who shall be in charge of the licensed premises together with the same information concerning such person as is required of a single applicant for an "on- sale" license as is set forth in Subsection 3 above. 7. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 8. An applicant for an "on -sale liquor" or an "on -sale wine" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 9. If a permit from the Federal government is required by the Laws of the United States, indicate whether or not such permit has been issued, and if so, required in what name issued and the nature of the permit. 10. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and • proof of the source of such money. 11. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to any lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors, and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation. 12. The names, residences and business addresses of three persons, residents of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager, the manager's character. 13. Whether or not all real estate and personal property taxes for the premises to be licensed which are - due and payable have been paid, and if not paid, the years and amounts which are unpaid. 14. Whenever the application for an "on -sale liquor" or an "on -sale wine" • license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. 15. Such other information as the Chief of Police shall require.] • [ Section 11 -505. RENEWAL APPLICATIONS. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the 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 liquor" or 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 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 11 -506. EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners.] [ Section 11 -507. LICENSE FEES. • 1. The annual license fee for "on -sale liquor" or an "on -sale wine" license shall be in an amount as set forth in Section 23 -010 of the City Ordinances. The annual license fee for an "on -sale club" license shall be the maximum amount permitted by Minnesota Statutes 340.11 (11). 2. The initial license fee shall be paid in full before the application for a license is accepted. 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. All fees shall be paid into the general fund of the City. 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. 3. The fee for an "on -sale liquor," "on -sale club" or an "on -sale wine" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued. 5. No transfer of a license shall be permitted from place to place or • person to person without complying with the requirements of an original application except as provided by Subdivision 9 of this Section. For purposes of this Subdivision a change in the controlling interest of the licensee is deemed a transfer of the license. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to • the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. C. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue. 7. At the time of each original application for a license, except in the case of an "on -sale club" license, the applicant shall pay in full an investigation fee equal to the actual cost of investigation, not to exceed $10,000 if the investigation is conducted outside Minnesota, and not to exceed $500 if' the investigation is conducted within Minnesota. The applicant shall pay such portion of the fee as the Chief of Police deems adequate to cover the proposed investigation, provided that the Chief may require additional advances not to exceed the limitation set out herein. Any portion of the fee for an investigation outside Minnesota which exceeds actual expenses shall be • returned to the applicant, provided that the minimum fee for investigations within Minnesota shall be $100. 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 Subd. 7 of this section. The investigation fee shall accompany the application. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional license fee will be required.] [ Section 11 -508. INVESTIGATION OF APPLICATIONS. 1. All applications for a license shall be referred to the Chief of Police, 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 shall cause to be made such investigation of the information requested in Section 11 -504, Subdivision 3, as shall be necessary and shall make a written recommendation and report to the City Council. The City Council may authorize such additional investigation as it shall deem necessary.] [ Section 11 -509. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons. The characteristics of any owners, officers, managers, employees or others who require investigation under Section 11 -504 hereof shall be attributed to the licensee: 1. Under 19 years of age. 2. Who is not of good moral character. 3. Who, if an individual, is an alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 4. Who has been convicted of any willful violation of any law of the United States, the State of Minnesota, or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 6. Who is directly or indirectly interested in any other establishment in . the City of Brooklyn Center to which an "on -sale liquor" or an "on -sale wine" license has been issued under this ordinance. 7• Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 8. Who is the spouse of a person ineligible for a license pursuant to the provisions of Subd. 4, 5, or 6 of this section or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9. An "on -sale liquor" or an "on -sale wine" license will not be renewed if, in the case of an individual, the licensee is not a resident of the Twin Cities metropolitan area at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the Twin Cities metropolitan area at the time of the renewal; or in the case of a corporation, if the manager is not a resident of the Twin Cities metropolitan area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on -sale liquor" or an "on -sale wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of • business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered.] [ Section 11 -510. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, or operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 2. No license shall be issued for the premises owned by a person to whom a • license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39• 3• No "on -sale liquor" license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 1800 square feet or for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1200 square feet. 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit.] [ Section 11 -511. CONDITIONS OF LICENSE. 1. Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times. 3• Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. 4. Every licensee shall be responsible for the conduct of his place of • business and the conditions of sobriety and order in the place of business and on the premises. 5. No "on-sale liquor" or "on-sale wine" licenses shall sell intoxicating liquor "off- sale ". 6. No license shall be effective beyond the space named in the license for which it was granted. 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by State law. 8. No person under 19 years of age shall be employed in any rooms constituting the place in which "on -sale liquor" is sold at retail except that persons under 19 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which "on -sale liquor" is sold at retail. Serving of any "on -sale wine" must be done by persons 19 years of age or older. 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell, offer for sale, or keep for sale, intoxicating • liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 13. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. Business records for- accounting functions required to demonstrate compliance with the provisions of this ordinance shall be -- prepared in accordance with standard accounting practices as determined by the City Manager or his designee. • 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 within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the Chief of Police 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 -504, 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. 16. A licensed restaurant shall be conducted in such a manner that a significant part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a significant part of the business for a license year is the serving of foods. A restaurant which derives a considerable part of its revenue from sources other than liquor and food shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and liquors, a significant part of the business for a license year is the serving of foods. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. 18. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. 19. 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 with such indicia of membership or be used only for the purposes set forth in this Section 11 -404.1 [ Section 11 -512. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premise after 1:00 a.m. on Sunday nor until 8:00 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 :00 a.m. and 8:00 a.m. on any weekday. No "on -sale" shall be made after 8:00 p.m. on December 24.] [ Section 11 -513. CLUBS. No club holding an "on -sale club" license shall sell intoxicating liquor except to members and bona fide guests.] [ Section 11 -514. RESTRICTIONS OF PURCHASE AND CONSUMPTION. 1. No person under 19 years of age - shall misrepresent his age for the _ purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume,_ or have another person purchase for him any intoxicating liquor. 2. No person under 19 years of age shall receive delivery of intoxicating liquor. • 3• No person shall induce a person under the age of 19 years to purchase or procure or obtain intoxicating liquor. 4. Any person who may appear to the licensee, his employees or agents to be under the age of 19 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid driver's license or identification card. 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of 19 years, and in every proceeding before the City Council with respect thereto the fact that the minor involved has obtained and presented to the licensee, his employee or agent, a verified identification from which it appears that said person was 19 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. 6. Any person who may appear to the licensee, his employee or agent to be under 19 years of age and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows: • READ CAREFULLY BEFORE SIGNING The following are excerpts from the Laws of the State of Minnnesota, Section 340.731 Minnesota Statutes, Minors, Forbidden Acts or Statements: "It shall be unlawful for: Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee, or any employee of any licensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; A minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent or guardian." VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF $700 OR 90 DAY IMPRISONMENT OR BOTH. - My age is Date of Birth Place of Birth My Address is Dated: Type of Identification Witness Signed The above form shall be furnished at the expense of all licensees desiring to use the • same and when properly executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. 7. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 8. No intoxicating liquor shall be consumed on a public highway or in an automobile.] [ Section 11 -515. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale or off -sale intoxicating or nonintoxicating liquor license, the applicant shall file with the Chief of Police proof of financial responsibility for liability imposed by Minnesota Statutes Section 340.95, 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 any of • the following proofs: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: 1. $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence. 2. $50,000 for loss of means of support of any one person in any one occurrence, and subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in clause (a), or c. A certificate of the state treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. Subdivision 3. Exceptions to the Requirements of Proof of Financial Responsibility. The following persons are excepted from Subdivisions 1 and 2 of • this Section unless such person holds an additional license not so excepted: a. Nonintoxicating malt liquor on -sale licensees with sales of • nonintoxicating malt liquor of less than $10,000 per license year. b. On -sale wine licensees with wine sales of less than $10,000 of wine per license year. c. Nonintoxicating malt liquor off -sale licensees with sales of nonintoxicating malt liquor of less than $20,000 per license year.] [ Section11 -516. REVOCATION. The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 11 -515 in full force and effect. Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days.] [ Section 11 -550. SUNDAY SALES AUTHORIZED. Notwithstanding the • provisions of Section 11 -512 of the City Ordinances, establishments to which "on- sale liquor" licenses have been issued for the sale of intoxicating liquors may, upon obtaining a special license, serve intoxicating liquor between the hours of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food. Wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the serving of food.] [ Section 11 -551. LICENSE REQUIRED. No person shall directly or indirectly sell or serve intoxicating liquors as authorized in Section 11 -550 without having first obtained a special license from the City Council, except under the authority of an "on -sale wine" license. Application for such a special Sunday license shall be filed with the Chief of Police.] [ Section 11 -552. LICENSE FEES. The annual license fee for a special "on- sale liquor" Sunday license shall be in an amount as set forth in Section 23-010 of the City Ordinances. The annual license fee shall be paid in full before the application for a license is accepted. 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 the approval of issuance by the City Council, the license fee shall be refunded to the applicant. The fee for a license granted after the commencement year shall be prorated on_a monthly basis.] [ Section 11 -600. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the costs of prosecution.] Section 2: Chapter 11 of the City Ordinances is hereby amended by the addition of the following: CHAPTER 11 - LIQUOR ORDINANCE • NONINTOXICATING LIQUORS Section 11 -101. DEFINITION OF TERMS. Subdivision 1. As used in this ordinance the term "person" includes a natural person of either sex, a partnership, a corporation or association of persons, and the agent or manager or employee of any of the aforesaid The singular number includes the plural, and the masculine pronoun includes the feminine and neuter. Subdivision 2. "Beer" or "nonintoxicating malt liquor" means any malt beverage with an alcoholic content of more than one -half of one per cent by volume and not more than three and two - tenths percent by weight Subdivision 3 "Intoxicating liquor" means any distilled fermented or vinous beverage containing more than three and two - tenths per cent of alcohol by weight Subdivision 4. "Original package" means the bottle or sealed container in which the liquor is placed by the manufacturer. • Subdivision 5. "Bona fide club" or "club" is an incorporated organization organized under the laws of the state for civic fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than 50 members; (2 ) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; .(3) is directed by a board of directors executive committee or other similar body chosen by the members at a meeting held for that purpose No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Subdivision 6. "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the Public to be consumed on the premises Subdivision 7. "Premises" means the inside of the building itself and does not include any patio parking or other area, unless expressly listed in writing on the license or special written permission is obtained for a limited special event with conditions included. Section 11 -102. LICENSE REQUIRED. • Subdivision 1. No Person, except the holder of intoxicating liquor licenses, wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale any beer within the City without first having received a license as hereinafter provided This section shall not prohibit the giving or serving thereof to quests in a private home or in a private gathering Licenses shall be of three kinds: (1) Retail "on- sale "; (2) Retail "off - sale "; and (3) Retail "temporary on- sale ". Subdivision 2. "On- sale" licenses may be granted only to bona fide clubs, bowling establishments, restaurants and hotels where food is prepared and served for consumption on the premises. "On- sale" licenses shall permit the sale of beer for consumption on the premises only. Subdivision 3. "Off -sale" licenses shall permit the sale of beer at retail in the original package for consumption off the Premises only. Subdivision 4. "Temporary on- sale" licenses may be granted to clubs, charitable religious, or non - profit organizations only. "Temporary on- sale" licenses shall be subject to any special terms and conditions as the City Council may prescribe • 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 Subdivision 2. Every application shall be referred to the Chief of Police for a review as to whether the applicant meets the requirements of the ordinance as to moral character and past offenses, if any. An investigation fee as set by City Council resolution shall accompany each application The Chief of Police shall estimate the actual costs of investigation after Preliminary review, notify the applicant of 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. Subdivision 3. Every "on- sale" application shall be referred to the Director of Planning and Inspection for a review as to 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 a minimum of thirty calendar days in advance of the proposed event There is no investigation fee to apply for this license Section 11 -104. LIABILITY INSURANCE. Subdivision 1 Insurance Required At the time of filing an application for any on -sale or off -sale nonintoxicating liquor license, the applicant shall file with the Chief of Police 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 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 $300,000.00 per policy year; or • b. A bond of a surety company with minimum coverages as provided in clause (a); or C. A certificate of the State Treasurer that the licensee has deposited with him $300,000.00 in case or securities which may legally be purchased by savings _banks or for trust funds having a market value of $300,000.00. Subdivision 3. Liability Insurance for Temporary On -sale licenses. These licenses must provide the same insurance Provided in subdivision 2 with the exception of events held on City property. If the event is held on City property, such as a park, the three choices given in subdivision 2 apply with a dollar amount of $500,000.00. Subdivision 4. Any liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the issuing authority_ of intent to cancel the policy. Subdivision 5. The insurance limits outlined in this section become effective on 1987 license renewals and any new licenses applied for after this ordinance changes becomes effective. • 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 All fees shall be paid into the General fund of the municipality Upon rejection of any application for a license, the City shall refund the amount paid Subdivision 2. "On- sale" and "off- sale" licenses shall expire on the last day of December in each year. Each such license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month "Temporary on- sale" licenses are only good only for the dates times and locations specifically stated on the license Subdivision 3. The annual fee for an "on- sale" license and "off- sale" license and the daily fee for a "temporary on- sale" license shall be as set by City Council resolution Subdivision 4. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event The Council may in its • judgment refund a pro rata portion of the fee for the unexpired Period of the license computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: 1. destruction or damage of the licensed premises by fire or other catastrophe. 2. the licensee's illness. 3. the licensee's death. 4. a change in the legal status of the municipality making it unlawful for a licensed business to continue. 5. no refunds on temporary on -sale license fees. Section 11 -106. GRANTING OF LICENSE. 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. Subdivision 2. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place • without the approval of the City Council Subdivision 3. On special event temporary on -sale licenses, • if the event is postponed because of weather, the City Manager or his designee has the authority to change the effective dates of the license, as long as the total amount of hours approved by the City Council does not change Section 11 -107. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: 1. Under 21 years of age. (For the purposes of this _ordinance, people born before 9/1/67 are considered 21 years of age.) _ 2. Who has, within the past five years, been convicted of a felony, or any law of this state or local ordinance relating to the manufacture, transportation or sale of nonintoxicating or of intoxicating liquors. 3. Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. 4. Who is not a citizen of the United States or a resident alien or upon whom it is impractical to conduct a background and financial investigation due to the _ unavailability of information. 5. Who is not of good moral character. 6. Who is or during the period of this license becomes the holder of a Federal retail liquor dealer's special tax • stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. 7. Who is not the proprietor of the establishment for which the license is issued. Section 11 -108 PLACES INELIGIBLE FOR LICENSE. - Subdivision 1. No license shall be granted for sale on any Premises where a licensee has been convicted of the violation of this ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation Subdivision 2. No "on- sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least six months immediately preceding the application for a license Section 11 -109. CONDITIONS OF LICENSE. Subdivision 1. Every license shall be granted subiect to the conditions in the following subdivisions and all other Provisions of this ordinance and of other applicable ordinances of the City or State law. • Subdivision 2. All licensed premises shall have the license Posted in a conspicuous place at all times • Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. (For Purposes of this ordinance persons born before 9/1/67 shall be considered 21 years of age.) Subdivision 4. No person under 18 years of age shall be permitted to sell or serve beer in any "on- sale" establishment Subdivision 5. No gambling or any gambling device shall be Permitted on any licensed premises Subdivision 6. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S.A. 340A.308. No retail licensee and manufacturer or wholesaler of beer shall be Parties to any exclusive purchase contract No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee Subdivision 7. No licensee shall sell beer while holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors • Subdivision 8. No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance Subdivision 9. Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee durin g business hours without a search and seizure warrant and may in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises 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 license. Subdivision 10. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed remises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all • penalties provided by this ordinance-equal ly with the employee . 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 1.00 a.m. and 12.00 noon It shall be unlawful to sell consume or permit the consumption of beer in any "on- sale" establishment between the hours of 1.00 a.m. and 8:00 a.m. on any other day. Section 11 -111. CLUBS. No club possessing an "on- sale" license shall sell beer to anyone other than members and guests in the company of members. Section 11 -112. RESTRICTIONS ON PURCHASE AND CONSUMPTION. It is unlawful for any: Subdivision 1. Licensee or his employee to permit any Person under the age of 21 years to consume nonintoxicating malt liquor on the licensed premises (For purposes of this ordinance, persons born before 9/1/67 shall be considered 21 years of age.) Subdivision 2. Person to procure nonintoxicating malt liquor for any person under the age of 21 years Subdivision 3. Person to induce a person under the age of • 21 years to purchase or procure nonintoxicating malt liquor. Subdivision 4. Person under the age of 21 years to misrepresent his age for the purpose of obtaining nonintoxicating malt liquor. Subdivision 5. Person under the age of 21 yea -rs to consume any nonintoxicating malt liquor. Subdivision 6. Person under the age of 21 years to possess any nonintoxicating malt licruor, with intent to consume it at a place other than the household of his parent or guardian Subdivision 7. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors Subdivision 8. Person under the age of 21 years to consume any intoxicating liquor or nonintoxicating malt liquor unless in the household of his or her parent or guardian and with the consent of his or her parent or guardian Section 11 -113. REVOCATION. The violation of any provision or condition of this ordinance by a beer licensee or his agent shall be grounds for revocation or suspension of the license The license of any person who holds a federal retail liquor • dealer's special tax stamp without a license to sell intoxicating licmors at such place shall be revoked without notice and without hearing. In all other cases a license granted under this • ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The City Council also may impose a civil fine not to exceed $2,000.00 pursuant to M.S. 340A.465. The notice shall give at least ten days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. Section 11 -114. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section provision or part thereof. Section 11 -115. SUPREMACY CLAUSE. The supremacy clause found in Section 23 -013 shall not apply to Sections 11 -101 through 11 -116. • • CHAPTER 11 - LIQUOR ORDINANCES MUNICIPAL LIQUOR STORE Section 11 -201. LIQUOR STORE ESTABLISHED. A municipal liquor store is hereby established to be operated within this municipality for the sale of liquor potable as a beverage containing more than 3.2% of alcohol by weight in the sealed or closed receptacle or retainer for removal from the premises Section 11 -202. FUND CREATED. A municipal liquor store fund is hereby created into which all revenues received from the operation of the municipal liquor store shall be paid, and from which all operating expenses shall be paid, provided that the initial costs of rent, fixtures and stock may be paid for out of the general fund of the municipality, but such amounts shall be reimbursed to the said general fund out of the first monies coming into the municipal liquor store fund needed for carrying on the said business Any surplus accumulating in this fund may be transferred to the general fund by resolution of the Council and expended for any municipal purpose Section 11 -203. HOURS OF OPERATION. The municipal liquor store shall at all times observe the following restrictions on the hours of operation: No sale of intoxicating liquor shall be • made on Sunday. No off -sale shall be made before 8.00 a.m. or after 8:00 p.m. of any day except Friday and Saturday, on which days off -sales may be made until 10.00 p.m. No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; Christmas Day, December 25; but on the evenings Preceding such days off -sales may be made until 10.00 p.m., except that no off -sale shall be made on December 24 after 8.00 P.M. All sales shall be made in full view of the public Section 11 -204. OPERATION OF THE MUNICIPAL LIQUOR STORE Subdivision 1. No business other than the sale of liquors, beer, beverages and related incidental products shall be carried on by the municipal liquor store or by any person employed therein during the time so employed Subdivision 2. No liquor shall be sold to a person who is in an intoxicated condition. Subdivision 3 No liquor shall be sold to a person under the age of 21 years (For the purposes of this ordinance Persons born before 9/1/67 shall be considered 21 years of age.) Subdivision 4 No person shall enter or remain in the municipal liquor store except for the purpose of purchasing or selling liquor, beer, beverages or related incidental products • Any person entering or remaining therein for any other purpose may be banned by the City Manager. Any person violating such ban may be punished as provided herein. • Section 11 -205. ENFORCEMENT. It shall be the duty of the Police department of the municipality to enforce the provisions of this ordinance and to search premises and seize evidence of law violation and preserve the same as evidence against any Person alleged to be violating this ordinance, and to prepare the necessary processes and papers therefor. i • CHAPTER 11 - LIQUOR LICENSES • SET UP LICENSE Section 11 -401. PERMIT REQUIRED. It shall be unlawful for any orivate club or public place, directly or indirectly or upon any oretense or by any device to allow the consumption or display of intoxicating licluor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a _permit from the Commissioner of Public Safety and paying the fee as provided in this ordinance Section 11 -402. ANNUAL LICENSES. Every private club or public place desiring to allow the consumption or display of intoxicating liquor shall on or before July 1 of each year pay to the City Manager a fee as set by City. Council Resolution and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro rata fee shall be paid; but no such pro rata fee shall be accepted from any private club or public place which has violated Section 11 -401 of this ordinance. In computing such fee any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be kept posted at all times. • Section 11 -403. ONE DAY LICENSE. Any nonprofit organization desiring to allow the consumption or display of intoxicating liquor or the serving and sale of liquids to mix with intoxicating liquor at a sponsored social activity occurring within Brooklyn Center shall pay a fee as set by City Council Resolution to the City Manager, and obtain a license for a specified period not to exceed 24 hours. The license shall not be valid unless approved by the Commissioner of Public Safety. No more than 10 such licenses shall be issued during any one calendar year. Section 11 -404 PREMISES OPEN FOR INSPECTION Any private club or Public place allowing the consumption or display of intoxicating i.quor 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 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 11 -405. EXCLUSION. Section 11 -401 does not apply to any premises licensed for the sale of intoxicating liquor. • Section 11 -406. HOURS OF OPERATION No person shall consume or display, or allow consumption or display of intoxicating liquor on any premises of a bottle club or a business establishment between the hours of 1:00 a.m. and 8.00 a.m.; or between the hours of 1.00 a.m. and 3.00 p.m. on Memorial Day; or between the hours of 1.00 a.m. and 8.00 p.m. on any Primary, special, or general election day held in the district in which the bottle club or business establishment is located. 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 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 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 $300,000.00 per policy year; or b. A bond of a surety company with minimum coverages as Provided in clause (a); or C. A certificate of the State Treasurer that the licensee has deposited with him $300,000.00 in case or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000.00. Subdivision 3. Any liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy CHAPTER 11 - LIQUOR ORDINANCES • CLUB INTOXICATING LIQUOR LICENSE Section 11 -501. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for • purposes of resale. The term "wholesaler" means any Person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or Produces intoxicating liquors for sale. 7. As used in this ordinance the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the Plural and the masculine_ pronoun includes the feminine and neuter. 8. The terms "package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. 9. The term "club" means and includes any incorporated organization organized under the laws of the State for civic, fraternal, social or business purpose or for intellectual improvement or for the promotion of sports or a congressionally chartered veterans' organization, • which: _(a) has more than 50 members; () has owned or rented a building or space in a 41 building for more than one year that is suitable and adequate for the accommodation of its members; (c) is directed by a board of directors executive committee, or other similar body chosen by the members at a meeting held for that purpose No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. 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 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 11 -502. LICENSE REQUIRED 1. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liquor store, shall directly or indirectly • deal in sell, or keep for sale any intoxicating liquor without first having received a license to do so as Provided in this ordinance 2. "On -Sale Club" licenses shall be issued only to clubs Section 11 -503. APPLICATIONS FOR LICENSE Every app lication for a license to sell intoxicating liquor shall be verified and filed with the Chief of Police In addition to the information which may be re fired by the State Commissioner of Public Safety's form the application shall contain the following: 1. The name of the club. 2. Date that the club was first incorporated True copies of the Articles of � Y Incorporation, Bylaws and the names P and street addresses of all officers executive committee, manager, and board of directors shall be submitted. 3. A sworn statement that the club has been in existence for more than three years The statement shall be made by a person who has personal knowledge of the facts stated therein. in the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts 4. The number of members, certified by the Club Treasurer. 5. A personal information form, as provided by the City, filled out for the manager, all officers, all members of the executive committee and all members of the board of directors containing the following information: a. True name, place and date of birth, and street residence address of applicant. b. Whether applicant has ever used or been known by a name other than his true name and if so what was such name, or names, and information concerning dates and places where used. C. Whether applicant is -married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. d. Whether applicant and present spouse are registered voters and if so, where. e. Street address at which applicant and present spouse have lived during the preceding ten years. • f. Kind, name and location of every business or occupation applicant and present spouse have been engaged in during the preceding ten years. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. h. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. i. Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. j_ Whether applicant has ever been in military • service. If so, applicant shall, upon request, exhibit all discharges. - k. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood computed by the rules of civil law, or who is a brother -in -law or sister -in -law of the applicant or his spouse 6. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings 7. If a permit from the Federal government is required by the Laws of the United States indicate whether or not such permit has been issued, and if so, required in what name issued and the nature o the permit 8. The names and addresses of all persons other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture; the nature of such interest, amount thereof, terms for Payment or other reimbursement This shall include but not be limited to any lessees, lessors, mortgagees, mortgagors, lenders lien holders trustees trustors and persons who have cosigned notes or otherwise loaned, pledged or extended security for any indebtedness of the applicant 9. Such other information as the Chief of Police shall require. Section 11 -504 RENEWAL APPLICATIONS Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license If, in the judgment of the City Council, good and sufficient cause 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 ce are complied with, grant the application Section 11 -505 EXECUTION OF APPLICATION Applications for On -Sale Club licenses shall be signed and sworn to by the manager or an officer of the club. Section 11 -506. LICENSE FEES. 1. The annual license fee for an "on -sale club" license shall be as set by City Council Resolution 2. The initial license fee shall be paid in full before the application for a license is accepted 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. All fees shall be paid into the general fund of the City. 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. 3. The fee for an "on -sale club" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee - for the initial license Period shall be the date on which a certificate of occupancy is issued. 5. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. achancre in the legal status of the municipality making it unlawful for a licensed business to continue. 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 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 11 -507. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the Chief of Police, 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 shall cause to be made such investigation of the information requested • as shall be necessary and shall make a written recommendation and report to the City Council. The City Council may authorize such additional investigation as it shall deem necessary. Section 11 -508. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons The characteristics of any officers, managers, directors, or others who require investigation shall be attributed to the licensee: 1. Under 21 years of age. (For purposes of this ordinance, persons born before 9/1/67 are considered 21 years of age.) 2. Who is not of good moral character. 3. Who, is not a citizen of- the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 4. Who has been convicted of any willful violation of any law of the United States the State of Minnesota or any other state or territory, or of any local ordinance regarding the manufacture sale, distribution or Possession for sale or distribution of intoxicating • liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicatingliquor. 6. Who is the spouse of a person ineligible for a license pursuant to the provisions of this section. Section 11 -509. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, for operation on any premises, on which taxes assessments or other financial claims of the City or of the State are due delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any Portion thereof, which remain unpaid for a period exceeding one year after becoming due 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance. 3. No license shall be granted to any organization that does not meet the definition of a "club". 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. Section 11 -510. CONDITIONS OF LICENSE. 1. Every license shall be granted sub!ect to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times. 3. Any police officer, building inspector, or any employee SO designated by the City Manager, shall have the unqualified right to enter, inspect, and search the Premises of the licensee during business hours without . a warrant. Business hours are deemed any time when licensee or employees are present on the licensed Premises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of the license. 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises 5. No "on -sale club" license holder shall sell intoxicating liquor "off- sale ". 6. No license shall be effective beyond the space named in the license for which it was granted. 7. No intoxicating liquor shall be sold or furnished or delivereI to any intoxicated person, to any habitual drunkard, to any person under 21 years of age, or to any Person to whom sale is prohibited by State Law. For purposes of this ordinance, persons born before 91/67 shall be considered 21 years of age.) 8. No person under 18 years of age shall be employed in any room constituting the place in which "on -sale liquor" is sold at retail except that persons under 18 Years of age may be employed to perform the duties of a busboy or dishwashing service. 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell, offer for sale or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted changed or tampered with. 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the Premises as a beverage or mixed with a beverage 13. The business records of the licensee including Federal and State tax returns shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. 14. Changes in the management, officers or directors of the club shall be submitted to the Chief of Police 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 form whom intended This shall be done for the individuals and the club itself. 16. No licensee shall keep, possess or operate or permit the keeping, possession or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein 17. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. 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 with such indicia of membership to be used only for the Purposes set forth in this ordinance 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 1:00 a.m. on Sunday nor until 8.00 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 1.00 a.m. and 8.00 a.m. on any weekday. No "on- sale" shall be made after 8.00 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 10.00 a.m. and 12.00 midnight on Sundays in conjunction with the serving of food They must show proof to the Chief of Police that food will be sold and that a minimum of 30 persons may be served at any one time. Section 11 -512. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1. No club holding an "on -sale club" license shall sell intoxicating liquor except to members and bona fide quests. 2. No person under 21 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of Purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such Person purchase, attempt to purchase consume, or have another person purchase for him any intoxicating liquor. 3. No person under 21 years of age shall receive delivery of intoxicating liquor. 4. No Person shall induce a person under the age of 21 years to Purchase or procure or obtain intoxicating liquor. 5. Any person who may appear to the licensee, his employees or agents to be under the age of 21 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid driver's license or identification card. 6. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of 21 ears_, and in every proceeding before the City Council with respect thereto the fact that the person involved has obtained and presented to the licensee, his employee or agent, a verified identification from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be Prima facie evidence that the licensee, his agent or employee, is not guilty of a violation of such a Provision and shall be conclusive evidence that a violation, if one has occurred was not willful or intentional. 7. No person shall give, sell, procure or purchase Intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 8. No intoxicating liquor shall be consumed on a public highway or in an automobile. 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 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 ear. Subdivision 2. Form of Proof of Financial Responsibility Proof of financial responsibility may be provided by supplying to the Chief of Police 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 $300,000.00 per policy year; or b. A bond of a surety company with minimum coverages as Provided in clause (a), or C. A certificate of the State Treasurer that the licensee has deposited with him $300,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000.00. Subdivision 3. Any liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy Subdivision 4. The insurance limits outlined in this section become effective on 1987 license renewals and any new licenses applied for after this ordinance change becomes effective. Section 11 -514. REVOCATION The City Council may suspend or revoke any intoxicating liquor license and may impose a civil fine not to exceed $2,000 00 pursuant to M S 340A.465 for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 11 -515 in full force and effect Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee The notice may be served upon the licensee personally or by leaving the same at - the licensed Premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days Section 11 -515. PENALTIES Any person violating any Provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700.00) and imprisonment for not more than 90 days or both together with the cost of Prosecution. CHAPTER 11 - LIQUOR ORDINANCES WINE (INTOXICATING LIQUOR) LICENSES Section 11 -601. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. 2. The terms "sale" and "sell" mean and include all barters_ and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for Purposes of resale. The term "wholesaler" means any Person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture, fermenting brewing, distilling, refining, rectifying blending, or by the combination of different materials prepares or Produces intoxicating liquors for sale 7. As used in this ordinance the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the Plural and the masculine pronoun includes the feminine and neuter. 8. The terms "package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. 9. The term "restaurant" means any establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 75 guests at one time, and where in consideration o f ayment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods. 10. The term "wine" means a vinous beverage containing not more than 14 percent alcohol by volume. 11. The term "on -sale wine" means the sale of wine for consumption on the premises only. 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 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 11 -602. LICENSE REQUIRED 1. No person except wholesalers or manufacturers to the extent authorized under State license, and except the municipal liquor store, shall directly or indirectly deal in sell or keep for sale any intoxicating liquor without first having received a license to do so as Provided in this ordinance. 2. "On -Sale Wine" licenses shall be granted only to restaurants which are conducted in such a manner that a significant part of the revenue for a license year is the sale of foods. Only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises, in conjunction with the - sale of food shall be permitted. a. for wine licenses the term "significant part" means 50% or more of the applicable revenue derived from the serving of food. Section 11 -603. NUMBER OF LICENSES ISSUED. The number of "on -sale wine" licenses shall be unlimited. 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. In addition to the information which may be required by the State Commissioner of Public Safety's form, the application shall contain the following: 1. Whether the applicant is a natural person, corporation Partnership or other form of organization 2. Type of license applicant seeks 3. If the applicant is a natural person, the following information: a. True name, place and date of birth, and street resident address of applicant. b. Whether applicant has ever used or been known by a name other than his true name and if so what was such name, or names and information concerning dates and places where used. C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of District Court shall be attached to the application. d. Whether the applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. e. Whether applicant and present spouse are registered voters and if so, where. f. Street address at which applicant and present spouse have lived during the preceding ten years. g_ Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. h. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. i. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime, or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. j_ Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. k. Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. 1. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin whether of the whole or half blood, computed by the rules of civil law, or who is a brother -in -law or sister -in -law of the applicant or his spouse. 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. 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 Statues 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: a. Name, and if incorporated, the state of incorporation. b. A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes. C. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. 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 e applicant in Subsection 3 above. 6. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 7. An applicant for "On -Sale Wine" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 8. If a permit from the Federal government is required by the Laws of the United States indicate whether or not such permit has been issued and if so, required in what name issued and the nature of the permit. 9. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, et cetera and proof of the source of such money. 10. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest amount thereof, terms for payment or other reimbursement This shall include but not be limited to any lessees, lessors, mortgagees, mortgagors, lenders, lien holders trustees, trustors, and persons who have cosigned notes or otherwise loaned pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation -. 11. The names, residences and business addresses of three Persons, residents of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business who may be referred to as to the applicant's character or, in the case where information is required for a manager, manager's character. 12. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and Payable have been paid and if not paid, the years and amounts which are unpaid 13. Whenever the application for an "on -sale wine" license or for transfer thereof _ is for premises either planned or under construction or undergoing substantial alteration the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed 14. Such other information as the Chief of Police shall require. 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 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 11 -606. EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. Section 11 -607. LICENSE FEES. 1. The annual license fee for "on -sale wine" - license shall be in an amount as set forth by City Council resolution. 2. The. initial license fee shall be paid in full before the application for a license is accepted 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. All licenses shall expire on the last day of December of each year. Upon resection 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 3. The fee for an "on -sale wine" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the-commencement date for computation of the license fee for the initial license Period shall be the date on which a certificate or occupancy is issued. 5. No transfer of a license shall be ermitted from lace P P to place or person to person without complying with the reciuirements of an original application except as Provided by Subdivision 9 of this section. For purposes of this subdivision a change in the controlling interest of the licensee is deemed a transfer of the license. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. C. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue. 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. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional license fee will be required Section 11 -608. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the Chief of Police 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 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. Section 11 -609. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons. The characteristics of any owners, officers, managers, employees or others who require investigation under this ordinance hereof shall be attributed to the licensee: 1. Under 21 years of age. (For purposes of this ordinance, persons born before 9/1/67 shall be considered 21 years of acme.) 2. Who is not of good moral character. 3. Who, is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 4. Who has been convicted of any willful violation of any law of the United States the State of Minnesota or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or Possession for sale or distribution of intoxicating liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control o have any financial interest in any retail business selling intoxicating liquor. 6. Who is directly or indirectly interested in any other establishment in the City of Brooklyn Center to which an "on -sale liquor" or an "on -sale wine" license has been issued under this ordinance. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 8. Who is the spouse of a person ineligible for a license Pursuant to the provisions of subdivision 4, 5, or 6 of this section or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9. An "on -sale wine" license will not be renewed if, in the case of an individual the licensee is not a resident of the Twin Cities metropolitan area at the time of the date for renewal; if, in the case of a partnership, the managing_ partner is not a resident of the Twin Cities metropolitan area at the time of renewal; or in the case of a corporation, if the manager is not a resident of the Twin Cities metropolitan area at the time of the date of renewal. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on -sale liquor" or an "on -sale wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license A person who received monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. Section 11 -610. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, or operation on any premises, on which taxes assessments or other financial claims of the City or of the Slate are due delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted however, for taxes or any Portion thereof, which remain unpaid for a period exceeding one year after becoming due 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, nonresident alien,_ or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Chapter 340A. 3. No "on -sale wine" license shall be granted for a restaurant that does not have a minimum seating area in the dining area, open to the general public, of at least 75 seats. 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. Section 11 -611. CONDITIONS OF LICENSE. 1. Every license shall be granted subiect to the conditions of the following subdivisions and all other _subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times. 3. Any police officer, building inspector, or any employee so designated by the City Manager shall have the unctualified right to enter, inspect, and search the Premises of the licensee during business hours without a warrant. 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. 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises 5. No "on -sale wine" licenses shall sell intoxicating liquor "off- sale ". 6. No license shall be effective beyond the space named in the license for which it was granted 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 21 years of age, or to any person to whom sale is prohibited by State law. 8. No person under 18 years of age shall be employed in any room constituting the place in which "on -sale wine" is sold at retail except that persons under 18 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant serving food in rooms in which "on -sale wine" is sold at retail. 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. 10. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to chancre its composition or alcoholic content while in the original package Possession on the premises by the licensee of any intoxicating_ liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. 11. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. 13. The business records of the licensee, including Federal and State tax returns shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. - Business records for accounting functions required to demonstrate compliance with the provisions of this ordinance shall be prepared in accordance with standard accounting practices as determined by the City Manager or his designees. 14. Changes in the corporate or association officers corporate charter, articles of incorporation, bylaws or Partnership agreement as the case may bet shall be submitted to the Chief of Police within 30 days after such changes are made In the case of a corporation the licensee shall notify the Chief of Police 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. 16. A licensed restaurant shall be conducted in such a manner that a significant part of the business for a license year is the serving of foods. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any cambling therein. 18. No licensee shall knowingly permit the licensed Premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. Section 11 -612 HOURS OF OPERATION No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after 1.00 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 1.00 a.m. and 8.00 a.m. on any weekday. No "on- sale" shall be made after 8.00 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 10:00 a.m. and 12.00 midnight in conjunction with the serving of food. Section 11 -613. RESTRICTION PURCHASE AN CONSUMPTION. S ON D TION . 1. No person under 21 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of Purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor. 2. No person under 21 years of age shall receive delivery of intoxicating liquor. 3. No person shall induce a person under the age of 21 years to purchase or procure or obtain intoxicating liquor. 4. Any person who may appear to the licensee, his employees or agents to be under the age of 21 years, shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid driver's license or identification card. 5. In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of 21 ears, and in every proceeding before the City Council with respect thereto the fact that the minor involved has obtained and presented -to the licensee his employee or agent, a verified identification from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be Prima facie evidence that the licensee his agent or employee is not guilty of a violation of such a Provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. 6. No person _ p shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 7. No intoxicating liquor shall be consumed on a public highway or in an automobile. 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 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 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 $300,000.00 per policy year; or b. A bond of a surety company with minimum coverages as Provided in clause (a); or C. A certificate of the State Treasurer that the licensee has deposited with him $300,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000.00. Subdivision 3. Any liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the issuing authority of intent to cancel the policy Subdivision 4. The insurance. limits outlined in this section become effective on 1987 license renewals and any new licenses applied for after this ordinance change becomes effective. Section 11 -615. REVOCATION The City Council may suspend or revoke any intoxicating liquor license and may impose a civil fine not to exceed $2,000.00 pursuant to M S 340A.465 for the violation of any provision or condition of this ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 11 -614 in full force and effect Nonmandatory revocation or suspension by the Council shall be Preceded b written o licensee and u p v n otice to the a public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee The notice may be served upon the licensee personally or by leaving the same at the licensed Premises with the person in charge thereof. No suspension after Public hearing shall exceed 60 days Section 11 -616. PENALTIES Any person violating any Provision of this ordinance shall be uc� ilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700.00) and imprisonment for not more than 90 days or both together with the cost of Prosecution. CHAPTER 11 - LIQUOR ORDINANCES INTOXICATING LIQUOR LICENSES Section 11 -701. DEFINITION OF TERMS. 1. The term "intoxicating liquor" shall mean and include ethyl alcohol and include distilled, fermented, Spirituous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. 2. The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing intoxicating liquor or liquors as above described in violation or evasion of law. 3. The term "off- sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. 4. The term "on -sale liquor" means the sale of intoxicating liquor by the glass, or by the drink for consumption on the premises only. 5. The term "wholesale" means and includes any sale for purposes of resale. The term "wholesaler" means any Person engaged in the business of selling intoxicating liquor to retail dealers. 6. The term "manufacturer" includes every person who, by any process of manufacture fermenting brewing, distilling, refining, rectifying blending, or by the combination of different materials prepares or Produces intoxicating liquors for sale 7. As used in this ordinance, the term "person" includes a natural person of either sex, partnership, corporation and association of persons and the agent or manager of any of the aforesaid. The singular number includes the plural and the masculine pronoun includes the feminine and neuter. 8. The terms ' 1 package" or "original package" mean any corked or sealed container or receptacle holding intoxicating liquor. 9. The term "hotel" means and includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its quests not less than 100 guest rooms is with bedding and other usual suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are in consideration of payment therefor, served with meals at tables. 10. The term "restaurant" means any establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of which is the serving of foods. 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 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 11 -702. LICENSE REQUIRED 1. No person except wholesalers or manufacturers to the extent authorized under State license and except the municipal liquor store, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without first having received a license to do so as provided in this ordinance. 2. "On -Sale Liquor" licenses shall be issued only to restaurants which are conducted in such a manager that a significant part of the revenue for a license year is the sale of foods, and to hotels conducted in such a manner that of that part of the total revenue derived from the serving of foods and intoxicating liquors a significant part thereof for the license year is derived from the serving of foods. The term "significant part" is defined under each license class 3. The following are the types of "on -sale liquor" licenses which h c n be issued under this section: a. On -Sale Class A Liquor License: 80% or more of the applicable revenue derived from the serving of foods; Class A licenses are available to all hotels and restaurants. b. On -Sale Class B Liquor License: 50% through 79% of the applicable revenue derived from the serving of foods; Class B licenses are available to all hotels and restaurants. C. On -Sale Class C Liquor License: 40% through 49% of the applicable revenue derived from the serving of foods; Class C licenses are available only to hotels and to restaurants which derive a considerable part of their revenue from sources other than liquor and food. 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 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 one additional year. Otherwise, a Class A, B, or C license will be assigned based on established ratio. e. Sunday On -Sale Liquor License: Establishments to which "on -sale liquor" licenses have been issued may file an application with the Chief of Police to serve intoxicating liquor during set hours on Sundays in conjunction with the sale of food. f. Temporary On -Sale Liquor License: Any club, or charitable, religious or other nonprofit organization in existence for at least three years, may be issued a temporary license for the on -sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for not more than three consecutive days, and may authorize on -sales on Premises other than premises the licensee owns or Permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full -year on -sale intoxicating liquor license issued by a municipality. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. • . g.- Special Provision; sports, conventions, or cultural facilities: The City Council may authorize a holder of a retail on - sale intoxicating liquor license to dispense intoxicating liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports, convention, or cultural facility owned by the municipality and located within the municipality. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises, and may dispense intoxicating liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. Section 11 -703. NUMBER OF LICENSES ISSUED. The number of "on -sale liquor" licenses issued by the City of Brooklyn Center shall be limited to 18. 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. In addition to the information which may be recuired by the State Commissioner of Public Safety's form the application shall contain the • following: 1. Whether the applicant is a natural person, corporation, partnership or other form of organization. 2. Type of license applicant seeks. 3. If the applicant is a natural person, the following information: a. True name, place and date of birth, and street resident address of applicant. b. Whether applicant has ever used or been known by a name other than his true name and if so what was such name, or names and information concerning dates and places where used. C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of District Court, shall be attached to the application. • d. Whether the applicant is married or single If married, true name place and date of birth and street residence address of applicant's present spouse. e. Whether applicant and present spouse are registered voters and if so, where. f. Street address at which applicant and present spouse have lived during the preceding ten years. cr. Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. h. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. i. _Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been convicted of any felony, crime, or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. j_ Whether applicant or his spouse, or a parent, • brother, sister or child of either of them has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so applicant shall furnish information as to the time, place and length of time. k. Whether applicant has ever been in military service. If so, applicant shall upon request, exhibit all discharges. 1. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin whether of the whole or half blood computed by the rules of civil law, or who is a brother -in -law or sister -in -law of the applicant or his spouse. 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 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 Statues, 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 liquor" license, the following: a. Name, and if incorporated, the state of incorporation. b. A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and Bylaws and if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes: C. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subsection 3 above. d. The application _ n shall contain a list of all - Pp 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. 6. The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions and location of buildings. 7. An applicant for "On -Sale Liquor" license shall submit a floor plan of the dining room, or dining rooms which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. 8. If a permit from the Federal government is required by the Laws of the United States, indicate whether or not such permit has been issued, and if so, required in what name issued and the nature of the permit 9. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture stock in trade, et cetera, and proof of the source of such money. 10. The names and addresses of all persons, other than the • applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade: the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to any lessees lessors, mortgagees, mortgagors, lenders, lien holders trustees, trustors, and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than a 5% interest in the business, if a corporation. 11. The names. residences and business addresses of three Persons, residents of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required for a manager, the manager's character. 12. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and Payable have been paid, and if not paid, the years and amounts which are unpaid 13. Whenever the application for an "on -sale liquor" license or for transfer thereof is for premises either Planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the Proposed premises to be licensed. 14. Such other information as the Chief of Police shall require. 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 maV, 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 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 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 a lications. A foreign corporation shall file a • current Certificate of Authority • Section 11 -706. EXECUTION OF APPLICATION. If the application is by a natural person it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond or insurance policy) shall be made and issued in the name of all partners. Section 11 -707. LICENSE FEES. 1. The annual license fee for "on -sale liquor" licenses shall be in an amount as set forth by City Council resolution. The fee for a "temporary on -sale liquor" license shall be in an amount set forth by City Council resolution. 2. The initial license fee shall be paid in full before the application for a license is accepted. 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. 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. 3. The fee for an "on -sale liquor" license granted after the commencement of the license year shall be prorated on a daily basis. 4. When the license is for a premise where the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate or occupancy is issued. 5. No transfer of a license shall be permitted from place to Place or person to person without complying with the re_c;uirements of an original application except as provided by Subdivision 9 of this section. For Purposes of this subdivision, a change in the controlling interest of the licensee is deemed a transfer of the license. 6. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council • within 30 days from the happening of the event The Council may in its judgment refund a pro rata portion of the fee for the unexpired period of the license, • computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: a. destruction or damage of the licensed premises by fire or other catastrophe. b. the licensee's illness. C. the licensee's death. d. a change in the legal status of the municipality making it unlawful for a licensed business to continue. 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. R. 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. 9. Where a new application is filed as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged no additional license fee will be required Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the Chief of Police 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 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. Section 11 -709. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any of the following persons The characteristics of any owners officers, managers, employees or others who require investigation under this ordinance hereof shall be attributed to the licensee: 1. Under years of age. (For purposes of this ordinances, • persons born before 9/1/67 shall be considered 21 years of age.) 2. Who is not of good moral character. 3. Who, is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. 4. Who has been convicted of any willful violation of any law of the United States, the State of Minnesota, or any other state or territory, or of any local ordinance regarding the manufacture, sale, distribution or Possession for sale or distribution of intoxicating liquor, drugs or prohibited substance, or whose liquor license has been revoked for any willful violation of any law or ordinance. 5. Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control o have any financial interest in any retail business selling intoxicating liquor. • 6. Who is directly or indirectly interested in any other establishment in the City of Brooklyn Center to which an "on -sale liquor" or an "on -sale wine" license has been issued under this ordinance. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 8. Who is the spouse of a person ineligible for a license pursuant to the provisions of subdivision 4, 5, or 6 of this section or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9. An "on -sale liquor" license will not be renewed if, in the case of an individual the licensee is not a resident of the Twin Cities metropolitan area at the time of the date for renewal; if, in the case of a Partnership, the managing partner is not a resident of the Twin Cities metropolitan area at the time of renewal; or in the case of a corporation if the manager is not a resident of the Twin Cities metropolitan area at the time of the date of renewal The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota • Hennepin, Ramsey, Scott and Washington 10. No person shall own an interest in more than one establishment or business within Brooklyn Center for which an "on -sale liquor" or an "on -sale wine" license has been granted. The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide _open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of 10 percent or less in any corporation holding a license. A person who received monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor• and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. • Section 11 -710. PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted, or renewed, or operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278 Minnesota Statutes questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any lortion thereof, which remain unpaid for a period exceeding one year after becoming due. 2. No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, nonresident alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Chapter 340A. 3. No "on -sale liquor" license shall be granted for a restaurant that does not have a dining room, open to the general public, with a total minimum floor area of 1,800 square feet and seating for 150 people; or for a • hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1,200 s are feet and seating for 100 peop le. • � g P P • 4. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. Section 11 -711. CONDITIONS OF LICENSE. 1. Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. 2. The license shall be posted in a conspicuous place in the licensed establishment at all times. 3. Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the Premises of the licensee during business hours without a warrant. 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. • 4. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises 5. No "on -sale liquor" licenses shall sell intoxicating liquor "off- sale ". 6. No license shall be effective beyond the space named in the license for which it was granted 7. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person to any habitual drunkard, to any person under 21 years of age, or to any person to whom sale is prohibited by State law 8. No person under 18 years of acre shall be employed in any room constituting the place in which "on -sale liquor" is sold at retail except that persons under 18 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant serving food in rooms in which "on -sale liquor" is sold at retail 9. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or . distiller of intoxicating liquor except such as shall be expressly permitted by State law • 10. No licensee shall sell offer for sale or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to chancre its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted changed or tampered with. 11. No licensee shall apply for or possess a Federal _Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. 12. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the Premises as a beverage or mixed with a beverage. 13. The business records of the licensee, including Federal • and State tax returns shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. Business records for accounting functions required to demonstrate compliance with the provisions of this ordinance shall be prepared in accordance with _standard accounting_ practices as determined by the City Manager or his designees 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 within 30 days after such changes are made In the case of a corporation the licensee shall notify the Chief of Police 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 • 16. A licensed restaurant shall be conducted in such a manner that a significant part of the business for a license year is the serving of foods. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. 18. No licensee shall knowingly permit the licensed Premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. Section 11 -712. HOURS OF OPERATION No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after 1.00 a.m. on Sunday nor until 8.00 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 1.00 a.m. and 8.00 a.m. on any weekday. No "on- sale" shall be made after 8.00 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 10.00 a.m. and 12.00 midnight on Sundays in conjunction with the serving of food Section 11 -713. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1. No person under 21 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor for the purpose of Purchasing or having served or delivered to him for consuming any such intoxicating liquor, nor shall any such person purchase attempt to purchase, consume or have another person purchase for him any intoxicating liquor. 2. No person under 21 years of age shall receive delivery of intoxicating liquor. 3. No person shall induce a person under the age of 21 years to purchase or procure or obtain intoxicating liquor. 4. Any person who may appear to the licensee, his employees or agents to be under the age of 21 years, shall, upon demand of the licensee, his employee or agent, produce and permit to be examined a valid • driver's license or identification card. 5. In every prosecution for a violation of the provisions i of this ordinance relating to the sale or furnishing of intoxicating liquor to persons under the age of 21 years, and in every proceeding before the City Council with respect thereto the fact that the person involved has obtained and presented to the licensee, his employee or agent, a verified identification from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a Provision and shall be conclusive evidence that a violation if one has occurred was not willful or intentional. 6. No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 7. No intoxicating liquor shall be consumed on a public highway or in an automobile. 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 goof of financial responsibility for liability which shall be subiect 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 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 $300,000.00 per policy year; or b. A bond of a surety company with minimum coverages as Provided in clause (a); or c. A certificate of the State Treasurer that the licensee has deposited with him $300,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000.00. • Subdivision 3. Any liability insurance required by this • _section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writinct to the issuing authority of intent to cancel the polite Subdivision 4. The insurance limits outlined in this section become effective on 1987 license renewals and any new licenses applied for after this ordinance change becomes effective. Subdivision 5 "Temporary On -Sale Liquor" license holders are subject to the provisions of subdivisions 1 through 4 of this section, with the exception of minimum insurance requirements for licenses issued for City -owned property such as parks Minimum dram shop insurance for events held on City -owned property is $500,000.00. Subdivision 6. "On -Sale Liquor" license holders, must Provide a corporate surety bond in the amount of at least $3,000.00 at application or renewal time Section 11 -715. REVOCATION The City Council may suspend or revoke any intoxicating liquor license and may impose a civil fine not to exceed $2,000.00 pursuant to M S 340A.465 for the violation of any provision or condition of this ordinance or of • any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under the laws of the State is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section 11 -614 in full force and effect Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee The notice may be served upon the licensee personally or by leaving the same at the licensed remises with the person in charge thereof. No suspension after u is hearing shall exceed s. 60 days. p g Y Section 11 -716. PENALTIES Any person violating any Provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700.00) and imprisonment for not more than 90 days, or both together with the cost of prosecution. • i This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1986. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) j CITY OF BROOKLYN CENTER Notice is hereby given that a public hearin g will be held on the day of , 1986 at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 regarding the control of noxious weeds pertaining to natural preserves. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE -NO. AN ORDINANCE AMENDING CHAPTER 19 REGARDING THE CONTROL OF NOXIOUS WEEDS PERTAINING TO NATURAL PRESERVES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 19 -1601 of the City Ordinances is hereby amended in the following manner: Section 19 -1601. CONTROL OF NOXIOUS WEEDS. It shall be the duty of every occupant of land or, if the land is unoccupied, the owner thereof, or his agent, or the public official in charge thereof, to cut down, otherwise destroy, or eradicate all noxious weeds as hereinafter defined, standing, being, or growing upon such land, except for areas within natural preserves, in such manner and at such times as may be directed or ordered by the Brooklyn Center Weed Inspector. Natural preserves shall be Publicly owned lands designated as park or open space or private Properties approved by the City. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1986. Mayor ATTEST: Clerk II I Date of Publication Effective Date (Underline indicates new matter) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 11, 1986 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Mike Nelson at 7:31 p.m. ROLL CALL Chairman Pro tem Mike Nelson, Commissioners Molly Malecki, Carl Sandstrom, Lowell Ainas, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, and Planner Gary Shallcross. Chairman Pro tem Nelson explained that Chairman Lucht had stated that he would be unable to attend and was excused. APPROVAL OF MINUTES - August 28, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the minutes of the August 28, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Ainas. The motion passed. APPLICATION NO. 86035 (Plaza Investments) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate an eating establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86035 attached). The Secretary also noted that the establishment would need a public dance license and recommended a condition of approval that the special use permit be subject to all applicable codes, ordinances and regulations including the need for a dance license. Commissioner Bernards asked whether the City codes defined "live entertainment." The Secretary answered in the negative. Commissioner Bernards asked whether negligee shows would be included. The Secretary stated that nudity was covered by other ordinances than the Zoning Ordinance. PUBLIC HEARING (Application No. 86035) Chairman Pro tem Nelson then opened the meeting for a public hearing and asked whether anyone wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. The Secretary noted that a representative of the applicant was not present at the Planning Commission meeting. Commissioner Malecki asked what the difference would be between occasional and regular live entertainment. The Secretary stated that it was his understanding that piped music would be provided in the night club area and that live entertainment would not be a regular feature. He stated that occasional 9 -11 -86 -1- convention business and other events might have live entertainment. Commissioner Sandstrom asked whether regular live entertainment would be permitted under' approval of the application. The Secretary responded in the affirmative and stated that the frequency of such entertainment would not be limited by the approval. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86035 (Plaza Investments) Motion by Commissioner Sandstrom seconded by Commissioner Malecki to recommend approval of Application No. 86035, subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances and regulations including the requirement for a public dance license, and any violation thereof shall be grounds for revocation. Voting in favor: Chairman Pro tern Nelson, Commissioners Malecki, Sandstrom, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86036 (Osseo School District) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct an addition for a gymnasium and storage rooms to the north side of the Willow Lane School at 7020 Perry Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86036 attached). The Secretary also noted that the bid opening for the construction project was that day and that information about the feasibility of including the site improvements in this budget year would be available probably by the Council meeting. The Secretary also recommended that the requirement for a financial guarantee be waived, but that the City have a performance agreement with the school district for completion of site improvements. Chairman Pro tem Nelson then asked the applicant whether he had anything to add. Mr. Jim Rydeen, the architect for the project, asked whether the greenstrip referred to in the staff report is the island. The Secretary responded in the affirmative. Mr. Rydeen noted that landscaping had been provided in the greenstrip in accordance with the recommendations of the staff and the City ordinance. He stated that he was concerned for his client, the school district, for possible liability in case an accident resulted because of visibility problems arising from the landscape screening. H e stated that he f g preferred to put no plantings at all within the greenstrip so that visibility would be maximized. He asked that if plantings were required, that they be designated as a City directive and not as something proposed by the school district. Commissioner Bernards asked Mr. Rydeen if low shrubbery would be acceptable. Mr. Rydeen answered that small shrubs grow into large ones and that the burden would be on the school district to keep them trimmed down to a safe level. The Secretary suggested that taller shade trees could be provided in the greenstrip so that visibility at the sidewalk level would be preserved. Commissioner Sandstrom stated that he was concerned about the possible liability that would be born by the school district and possibly even the City if sight visibility were impaired by the landscaping. The Secretary acknowledged this and noted the requirement for a sight triangle at the interesection of public streets. He suggested again that deciduous trees be used to keep the visual impairment above the pedestrian level. Commissioner Sandstrom asked the applicant whether he agreed with this idea for deciduous trees. Mr. Rydeen still stated that he 9 -11 -86 -2- preferred no landscaping at all. He stated that the school district could put in the landscaping, but that there would always be increased visibility problems and, therefore, increased liability problems. PUBLIC HEARING (Application No. 86036) Chairman Pro tem Nelson then opened the meeting for a public hearing on the special use permit application. He asked whether anyone present wished to speak regarding the application. Mr. Dale Magnuson of 1 4037 71st Avenue North briefly addressed the Commission. He asked how far the screening on the north side of the parking lot would go relative to the lots to the north facing 71st Avenue North. The Secretary showed the area in question on a map of this portion of the City. The Planner stated that the parking lot extends eastward for about three residential lots. Mr. Magnuson also had a question as to the greenstrip being debated. The Secretary pointed out the location of the greenstrip and the proposed landscaping on a transparency of the site plan. Mr. Magnuson thanked the Commission for the information and stated that he had no other concern or objection regarding the application. Chairman Pro tem Nelson asked whether anyone else wished to speak. Seeing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Ainas commented on the screening issue. He stated that he had lived in the neighborhood for eight years across the street - from the school. He stated that he agreed that screening of the parking lot was unnecessary in this case. He noted that neighbors that live in the area wish to be able to see their children playing across the street and that the shrubbery would impair their visibility to supervise the activity of their children. He asked how this requirement might be eliminated. The Secretary stated that he felt that shade trees would not be detrimental to the visibility concerns expressed by Commissioner Ainas and the applicant. Commissioner Ainas stated that he felt that such trees would be adverse from a safety standpoint and that neighbors would still object regarding the visibility impairment. He recommended that the requirement be waived in this case. Commissioner Sandstrom concurred. He pointed out other schools in the City and asked whether their parking lots had also been screened as required. He noted in particular, Northport School. The Secretary answered that Northport School is not located directly off a public street and that the addition that was built a couple of years ago to Northport School did not involve any changes to the parking lot. He stated that in this case the access to the parking lot violated ordinance standards and needed to be corrected. As part of that correction, he explained, the greenstrip and parking lot screening requirements were taken into account. The Secretary also noted the example of the Brooklyn Center Baptist Church at 59th and Humboldt Avenues North. He pointed out that this was an institutional use in a residential neighborhood that was required -to provide curb and gutter around the entire parking lot and parking lot screening. Commissioner Sandstrom pointed out that the City is concerned about sight visibility at the intersections of public streets and that shrubbery must be removed from the sight triangle at those intersections. He stated that just such a visibility problem would be created in this case if landscaping were required. The Secretary answered that taller overstorey shade trees would not be a violation of that sight triangle requirement. 9 -11 -86 -3- Chairman Pro tem Nelson then asked the rest of the Commission how they felt. Commissioner Malecki and Bernards both agreed with the concern on visibility, but suggested that perhaps shade trees would be acceptable. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86036 (Osseo School District) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 86036, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around the newly established greenstrip adjacent to Perry Avenue North. 7. The standards for a special use permit are deemed to be met by the virtue of the following: a) the proposed use enhances the public welfare. b) screening of the parking lot will improve the relationship of the school use to adjacent residences. c) there will be no adverse impact on development of adjacent parcels. d) the provision of greenstrip, boulevard, sidewalk, and defined access along Perry Avenue North will better control traffic movements into and out of the site. 8. The plans shall be modified to replace low - lying shrubs with deciduous trees in the greenstrip to be established on Perry Avenue and 25' sight triangles shall be maintained at the new parking lot entrances. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. = -- ADJOURNMENT Following a brief review of upcoming business items, there was a motion by Commissioner Sandstrom seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:12 p.m. 9 -11 -86 -4- C ai rroian Pro ten. Planning Commission Information Sheet Application No. 86035 Applicant: Plaza Investments Location: 2200 Freeway Boulevard Request: Special Use Permit The applicant requests special use permit approval to operate an eating and drinking establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard. The hotel is located in the I -1 zoning district and is bounded by Shingle Creek on the west, by vacant I -1 zoned land on the north, by the Shingle Creek Business Center central parking lot on the northeast, by vacant I -1 zoned land on the east, and by Freeway Boulevard on the south. Restaurants offering live entertainment are allowed by special use permit in the I -1 district under Sections 35 -330 subsection 3f and Section 35- 322.3d of the Zoning Ordinance (attached). Mr. Steve Anderson, the manager of the new Ramada Hotel has explained to staff that the application has been filed to comprehend what he expects to be occasional live entertainment at the hotel. There is a space within the nightclub set aside for dancing if there is recorded music played. This area can serve as "stage" for any live acts, including bands, trios, comediens, magicians, etc. Live entertainment may also be provided in banquet or meeting rooms within the hotel. This is a rather open -ended description of live entertainment within the hotel, but it should be kept in mind that the entertainment would be on an occasional basis, rather than on a regular basis throughout the first two floors of the hotel. Staff see no conflict with the special use standards posed by the live entertainment use in this location. It is in keeping with the principal use on the site of a hotel. Approval is recommended. 9 -11 -86 Planning Commission Information Sheet Application No. 86036 Applicant: Osseo School District Location: 7020 Perry Avenue North Request: Site and Building Plan /Special Use Location /Zoning The applicant requests site and building plan and special use permit approval to construct a 76' x 80' addition to contain a gymnasium and storage space on the north side of the existing Willow Lane School at 7020 Perry Avenue North. The property in question is zoned Rl and is bounded by single - family homes and vacant R4 zoned property on the north, by Brooklyn Boulevard and the Willow Lane Apartments on the east, by Willow Lane Park on the south, and by Perry Avenue North on the west. Elementary and secondary schools are classified as special uses in the R1 zoning district as per Section 35- 310.2b of the Zoning Ordinance. Access /Parking Access to the site is presently gained via an approximate 130' wide opening on Perry Avenue North. There is, in fact, no delineated access. The parking lot is entirely open to the street. The site plan proposes two 30' wide driveway openings within this space separated by a 70' wide landscape island, boulevard and sidewalk. The access proposed satisfies the requirement of Section 35 -703 that driveway openings not exceed 30' in width. The proposed plan provides 58 parking stalls on the site. The Zoning Ordinance lists no specific formula for school uses. The normal number of staff in the school during work is approximately 25 persons. The 58 stalls would, therefore, appear more than adequate for normal usage. Special events at the school may occasionally require some on- street parking. We are not aware at this time that on- street parking has been a problem in this neighborhood. Landscaping /Screening The proposed plan calls for a 6' high Redwood vertical board fence along the north line to screen the parking lot from adjacent property P g acent residences to the north in J accordance with Section 35 -711. Landscape plantings are also proposed north of the parking lot and in the greenstrip to be established along Perry Avenue North (15' wide in accordance with Section 35 -700). Plantings include 12 Emerald Mound Honeysuckle in the front greenstrip, 5 Globe Arborvitae and 2 Little Leaf Lindens also in the front green area, and 13 Techny Arborvitae in the northerly greenstrip. Curbing There is no curb surrounding the lot at present. The plan does not show any new curbing. However, in discussions with the applicant, it has been agreed that at least the new greenstrip area would be protected by B612 concrete curb and gutter. No additional site utilities are proposed. The City will pay for the cost of connecting the sidewalk in the Perry Avenue North boulevard from south of the parking lot to north of the lot. Building The proposed addition will include a gymnasium and storage rooms. The exterior will be brick to match the existing building. The purpose of the addition is to provide space within Willow Lane school to provide programs that are provided in other elementary schools throughout the district. Special Use Standards As a special use, the expansion of the school is subject to the standards contained in Section 35 -220 Subsection 2 of the Zoning Ordinance (attached). Staff certainly 9 -11 -86 -1- Application No. 86036 continued feel the school is a benefit to the public welfare. The aspects of the plan to provide parking lot screening certainly improve the relationship to other properties in the area. There is vacant land adjacent to the school site on Brooklyn Boulevard. This proposed addition should have no adverse impact on the future development of that property. Finally, the provision of a proper greenstrip, boulevard, sidewalk and defined accesses will improve the control of traffic movements into and out of the parking lot. We, therefore, conclude that the proposed expansion will further compliance with the special use standards. Timing The project is scheduled to commence this fall. Site improvements, however, may not commence until the next budget year because they have not been comprehended in the budget for this project. A performance agreement to guarantee the completion of the site improvements should be executed prior to the issuance of permits. By that time the school district will have a better idea as to the timing of the improvements. Recommendation Approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee . (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around the newly established greenstrip adjacent to Perry Avenue North. 7. The standards for a special use permit are deemed to be met by virtue of the following: a) the proposed use enhances the public welfare. b) screening of the parking lot will improve the relationship of the school use to adjacent residences. c) There will be no adverse impact on development of adjacent parcels. d) the provision of greenstrip, boulevard, sidewalk, and defined access along Perry Avenue North will better control traffic movements into and out of the site. 9 -11 -86 -2- ------ - - - - -- -- � - -- 0 2625 .� 69TH C� 6,TH LA- R5 C I/ 2 3 JTENANCE J 67TH L. _DING o CREEK 67T i O 67TH AVE. m = OPEN SPACE APPLICATION j I / BROC 86035. a Hl 5 =- w FREEWAY BLVD. - -.--� C 2 J X ��• ` .1. � 8q' G CIVI � l 7 w -EN } ~,Y SUMMIT CIA •° Ir -.r�Z -�� , Avt ; 11 rt. 1 I o.. 1 1�`1 I IN AVE. 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N ENr� f gDED ARC-A) s a 4!g 00 v 45.0M j"l SCHOOL �-, BUS ROUTE Ai '` PPOP LINE �-. - . �, ID4D a " . mincer r ayt n� /FLAGrJOIE RA $ E %Inis *` r �d TYP. = !�@ KI L013F •f A 4 � _ X1111 low 12Ap r.e 70'C�' t CTYPe 5TREET ` ' I9 SITE PLAN NOTE PERO Av6NUE 'NORTH#~ � 3'w� u+� -T @Y MG_ _ E)* WELL HCU5E WALL TO F•DN- 6 E F- UNOERGROUNO E EXU POWER POLE UNOE:R EXC BITUMINOU` PATCt{ IF DAMAG 4U2 ARMSTRONG, TORSETH, SKOLD & RYDEEN, INC 4901 OLSON MEMORIAL HIGHWAY ❑ MPLS M & C No. 86 -16 September 18, 1986 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Additional Documentation of the 1987 Proposed City Manager's Budget To the Honorable Mayor and City Council: At your budget review meeting on September 15, 1986 you asked a number of questions regarding the 1987 Proposed City Manager's Budget. In the following paragraphs I will attempt to answer those questions raised during this session. In the City Council's budget the Councilmembers requested an explanation of the services of various memberships provided for in this budget. The following is a brief description of the functions of each of these organizations: 1. League of Minnesota Cities. This organization is the state organization of municipalities which is responsible for the major lobbying effort on behalf of cities before the Legislature. I g n addition to the lobbying effort they provide other services such as the League Insurance Trust, and they are the base for a number of joint information systems such as clearinghouse on legal questions relating to municipalities, labor relations, salary data, and other similar functions. They also provide a number of handbook services such as City Clerk's Handbook, Election Handbooks, Budget Handbooks and other types ypes of handbooks ks in specific targeted areas. They also keep city clerks, city managers, police chiefs and public works directors apprised of legislation that might affect their various functions, and keep an information service and newsletter during the legislative session and during the interims. 2. The Association of Metropolitan Municipalities. This is an organization of metro cities that is an effective lobbying force in the Legislature relating to state and metropolitan issues, and they are very capable in the area of keeping abreast of metropolitan issues, especially as it relates to Metro Council activities. There is no way that the City of Brooklyn Center could use their annual dues, which $4800, to buy the kind of service and watchdog activities they provide. M & C No. 86 -16 -2- September 18, 1986 3. The Labor Relations Consulting Service program has a cost of $4200 a year. This provides for a contract with Labor Relations Associates in which some 50 or 60 communities are involved in this subscriber service to advise us on labor relation problems, conduct joint bargaining arrangements in the metro area, and provide assistance on grievance and arbitration of master contract issues of Local 49, provide an information service on salaries in a detail level which can be used in arbitration cases, and generally advise the city managers' MAMA committees on labor issues. 4. Northwest Human Services. The Northwest Human Services is a coalition of Northwest Hennepin County communities which use this organization to work with and relate to the welfare and social services departments at the County level and federal level. They are an information source and lobbying source with these organizations to see that suburban areas receive a proper level of these services, and that the services are as much as possible brought out to the suburbs so they are available to the suburban constituency. This organization over the years has fought very hard to avoid centralizing everything in downtown Minneapolis, and they have been successful at steadily making • available these types of services in suburban Hennepin County. Additional information is attached. 5. The U. S. Conference of Mayors is an organization which Mayor Nyquist belongs to and is the only national organization of which we have an affiliation. We receive various newsletters which keep us abreast of federal legislation and national concerns, and we also receive information from the various flyers and newsletters they send out on varying municipal subjects. 6. The Shingle Creek and West Mississippi Watershed Management Commissions are both joint powers agreements set up as an alternate to County appointed watershed boards. These organizations, either the County appointed or the joint powers, were mandated under state law about three years ago. They are in the process of developing plans and regulations for the control of runoff water and the quality of that water in our watershed areas. If this organization, and it appears to be doing a good job, completes its mission by requiring new development to control its runoff, we can eliminate the potential of flooding in Brooklyn Center in the future. While it may not be a perfect • M & C No. 86 -16 -3- September 18, 1986 organization, it is an effective one if local units control its operation. Under the joint powers agreement the local units of government control the operation, and it does have a chance of achieving its goal. 7. Senior Transportation Program. Attached are some statistics on the program. It appears the project is at too early of a stage to make a final judgment on its feasibility and effectiveness. Regarding the Elections ro osed budget, the he Coun ' P g Council had a number of questions. The first being why the professional services account was higher than other "off year" election budgets. This account has sufficient funds to cover a primary and general election judges expense. If the Council believes the odds are against the "happening" of a primary in 1987, you could reduce this account b 5 "happen", y $ ,400. If a primary should P z'Y then you could use your contingency fund to finance it. Attached is a memo from Darlene Weeks, City Clerk, which covers other questions asked by the City Council. Because, under,the new system, the County will "setup" (program) the electronic system, we will save substantially on the setup costs of $800 to $1,300 per election (varies with the number of voting machines needed). We should also save money on handling, storage and moving costs of the voting equipment. The Council asked other questions regarding the Legal budget. The questions relating to the history of hourly rate charges, use of paralegal personnel, length of service and experience of prosecutors have been referred to Dick Schieffer and are answered in an attached memo or will be answered in person Monday evening. Regarding the question of "splitting" civil and criminal work, I offer the following opinion. There are disadvantages to dividing the work which lie mainly in the area of problems coordinating between lawyers handling criminal and the civil work to avoid duplication and conflict. However, if separating one from the other can get us - better continuity among prosecutors and more experienced personnel, I believe separation would offer more advantages than disadvantages. In the Government Buildings budget an explanation of what was involved in the "caulking" project was asked for. This project calls for the caulking of the windows on the Civic Center and the caulking of the building joints and windows on the West Fire Station. Last year we caulked all the building joints on the Civic Center, but didn't include the windows on that project. We estimate $7,000 to caulk the Civic Center windows and $3,300 for the West Fire Station. i M & C No. 86 -16 - 4 - September 18, 1986 In the Data Processing budget the Council requested information regarding the "benefits" of using microcomputers. A listing of current microcomputer projects and uses will be made available to you on Monday evening. The Council questioned why the Fire Department didn't respond to medical calls during weekdays. The Fire Department ceased answering weekday medical calls about five years ago for the following reasons: 1. The frequency of the calls were rising to a point where volunteers couldn't effectively respond to the total number of fire and medical calls and still get enough sleep to be effective at their full -time jobs on weekdays. 2. About that time North Memorial established a 24 -hour paramedic ambulance station in Brooklyn Park and it improved their response time for Brooklyn Center medical calls. All members of both the Fire and Police Departments are qualified • Emergency Medical Technicians (EMT) . They initially receive 26 hours of training to qualify for the EMT certificate and must have periodic training to keep qualified. Approximately 10 members of each department are certified instructors having completed 81 hours of training. They also must periodically update their training. The regular nonparamedic ambulance drivers are required to have a current EMT certificate. Should you have further questions, please do not hesitate to give me a call. Respectfull submitted, 1�G Gerald G. Sp l nter City Manager encs. 1986 NORTHWEST SUBURBAN HENNEPIN COUNTY .' r COMMUNITY SOCIAL SERVICES ACT HUMAN SERVICES PRIORITIES SUMMARY REPORT NORTHWEST SUBURBAN HENNEPIN COUNTY s i L. Prepared August 13, 1986 by: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ., 7323 58th Avenue North Crystal, MN 55428 (612) 536 -0327 _ 1 1986 I NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL MEMBERSHIP CITY EXECUTIVE BOARD ADVISORY COMMISSION Brooklyn Center Geralyn Barone, Fran Gunberg, Secretary Secretary - Treas. John Casey Brooklyn Park William Dix Steven Lundell Champlin Joan Molenaar Linda O'Brian James Ickler Crystal Jack Irving Elsa Skogerboe, Chair , Paul Schulte Dayton Shirley later Mercedes Kirk Y ,., Golden Valley Mary Anderson, Syrile Ellison Vice -Chair Sally Strand Maple Grove Lee Mehrkens :Charlotte Sadlak µ Donald Baird, Vice -Chair New Hope Daniel Donahue, Dr. Donna Carter Chair Chris Bates Osseo Marge Wiley Dorothy Clarke Plymouth Robert Zitur Linda Dieleman Karen Musech Robbinsdale Ryan Schroeder Karen Friederich Hennepin County Representative Bob Ansel PL , - L L . .1 3 TABLE OF CONTENTS Pa 1. 1986 Northwest Hennepin Human Services Council Membership ................... 1 i 2. Table of Contents.. 2 3 3. Introduction... 3 4. Council Mission Statement.. .... 4 i 5. What is the Northwest Hennepin - Human Services Council ?.... ..... 6 6. What is the Community Social Services Act ? .......................... 7 t 7. 1986 Citizen Participation Process............. 10 8. Citizen Participation........ .............. 12 9. 1986 Community Social Services Act Priorities ............................... 13 10. Future Council Community Social Services Act Activities ....................._ 14 i 11. Comment Sheet ................................ 15 12. 1986 Northwest Hennepin Human Services Council Staff..... ... ...... 16 I _ t f { 2 INTRODUCTION The following pages reflect the Northwest Hennepin Human Services Council's 1986 Citizen participation activities and human service prioritization process for Northwest f Hennepin County. The Northwest Hennepin Human Services 1 Council has existed as a forum for citizen participation human services planning for the past fourteen years. The Council itself, operates with an Executive Board, and Advisory Commission, and a small paid staff. An import- ant part of the Council's citizen participation and ser- vice prioritization process is.the work of the Council's Advisory Commission. The Advisory Commission, made up of citizen representatives appointed by their respective municipalities gather and review information about area human service needs. This is done through surveys, fo- cus groups, public hearings, and committee meetings held throughout the year. The human service priorities found in this report ' reflect the Council's year -long analysis and represent what we believe are the most important human services needs in the Northwest Hennepin County. In 1987, the Council will continue this citizen parti- cipation process through various surveys and focus groups. We invite you to contact the Council and participate in f this human service prioritization process. L If you have comments or suggestions regarding this report please fill out the evaluation form found in this report t or feel free to call the Council office at 536 -0327. L Daniel Donahue, Chairperson l Northwest Hennepin Human Services Council L 3 L t 4 C N NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 7323 - 58th Avenue No. Crystal, MN 55428 (612) 536 -0327 MISSION STATEMENT The mission of the Northwest Hennepin Human Services Council is to make possible effective involvement in Human Services within the communities of Northwest Hennepin County. z 1. Members of the Council believe that: Municipalities share in the responsibility of seeing that the human needs of residents are met. i Residents /Consumers should play a critical role in defining their own needs and problems, and in t' recommending appropriate solutions. Suburban residents should have access and avail- ability of human services within their own communities. 2. The Council provides planning and coordination serv- ices to these segments of the community: Y Residents Municipalities (city councils, commissions and departments); and to Hennepin County. Human Service professionals and providers of ser- vice. 3. The Council engages in the following activities, in this priority manner: Activities to promote effective links of commun- ication and planning between governmental units, consumers, and providers. Activities to promote effective coordination and cooperation among those providing human services. Activities to promote effective identification and provision for needed services to improve the existing service system. 4 Activities to promote effective community aware- ness of services. Activities to promote community awareness of spec- ial needs groups. Administers special programs on a time limited basis, when there is no more appropriate agency to do so, and effective access to residents is at stake. I lot l RF C 1 5 WHAT IS THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL? The Northwest Hennepin Human Services Council has operated as a human service planning and coordinating agency representing the 14 municipalities of northwest suburban Hennepin County since 1972. Goals of the Council include (1) promoting and initiating the establishment of necessary human services such as the .North- west Mental Health Center, Home Free Shelter for Women and Children, the Emergency Energy.Assistance Program, the Community Action Agency of Suburban Hennepin, and two Senior Transportation Programs,(2) coordinating services and reducing duplication through the establishment of the North- west Network, the Mental Health Aftercare Network, the Northwest Child Abuse Network, the Emergency Service Providers Network, the Energy Concerns Task Force, and the Group Home Deconcentration Task Force, (3) promoting effective community awareness of services and special needs groups through the publication and dissemination of 75,000 human service directories, 5,000 family violence directories, 1,500 chemical dependency directories, 500 directories of services for the mentally 3. retarded, and 500 directories of services for the physically disabled. The Northwest Hennepin Human Services Council operates with a small paid staff, an Executive Board made up of elected officials or administrative staff representing the member communities, and an Advisory Commission consisting of one or - two city- appointed citizens from each of the member communities. This structure provides the necessary balance and input from city governments and area citizens. Additional input is invited and encouraged both at public meetings held by the Council throughout the year as well as f through less formal avenues of phone oolls arid inquiries. Please feel free to contact the Northwest Hennepin Human - Services Council - office at 536 -0327 with your questions, concerns, or suggestions regarding human service needs in the northwest suburban area. i Y 6 I WHAT IS THE COMMUNITY SOCIAL SERVICES ACT? The Community Social Services Act (CSSA), was passed by the State Legislature in 1979, and makes the County Board the responsible agent for ensuring that the necessary human ser- vices are provided and that State funds for this purpose are effectively distributed. j The County must include the following in the annual Community t Social Services Act Plan: - a statement of goals - a statement regarding the used to identify persons in need of services - an inventory of services - a description of proposed services - the dollar amount allocated to each service - a description of monitoring and evaluating procedures The CSSA legislation also requires that the County provide for citizen input into the planning and budget process of the County involving human service programs. Hennepin County has contract - ed with Northwest Hennepin Human Services Council to provide for citizen participation in the Community Social Services Act process for our area. HUMAN SERVICES COUNCIL'S ROLE The role of the Northwest Hennepin Human Services Council and the 7 other Human Services Councils in Hennepin County, is to review, solicit input, and make recommendations regarding the planning, development, and delivery of human services in Hennepin County. WHAT IS THE PROCESS? The Northwest Hennepin Human Services Council will work with IL new and existing committees and organizations to ensure that their recommendations are passed on to Hennepin County as part of the Community Social Services Act planning process. The Council will seek the involvement of existing committees or organizations in the areas of mental health, mental retard- ation, chemical dependency, child care, domestic abuse, ser- vices to seniors, services to the handicapped, and others as needed. Where no existing committees exist, the Council will work to form them. Some of the specific activities and - responsibilities of the Council regarding the Community Social Services Act process are as follows: 7 1. Collect demographic data, survey results, and ser- vices utilization data concerning the human service delivery system in the northwest Hennepin County area. 2. Hold meetings with Hennepin County Community Services Department managers and staff in order to be aware of current and future levels of County - funded human ser- vices for the northwest suburbs. 3. Meet with local human service agency directors and staff to gather information regarding the perceived current and future needs of those they serve. 4. Provide for citizen input through a series of public V meetings, focus groups, and survey research. 5. Northwest Hennepin Human Services Council committees and the full Advisory Commission will review the in- formation gathered by activities 1 - 4. Based on that review, the Advisory Commission will formulate prior- ities for attention from Hennepin County and make re- commendations to be included in the annual Community Social Services Act Report. The Advisory Commission will then recommend approval of pp the Community Social Services Act priorities by the Executive Board. 6. The Executive Board will review and approve the annual Community Social Services Act Report. i 7. The Community Social Services Act Report will be sub- mitted to the Coordinating Council, Hennepin County Community Services Department, and to the Hennepin { County Board of Commissioners. i For an overview of the CSSA process, see the attached flow - chart. t i f } 3 8 COMMUNITY SOCIAL S ERVICES ACT PLANNING PROCESS FOR NORTHWEST HENNEPIN COUNTY RESEARCH COMMUNITY SURVEYS _ SOCIAL and �`.\ SERVICES FOCUS DEPARTMENT GROUPS ` 1 � 1 1 , 1 , 1 HENNEPIN 1 PUBLIC -- * N.W.H.H.S.C. * N.W.H.H.S.C. COUNTY ADVISORY EXECUTIVE I BOARD MEETINGS COMMISSION BOARD of 1 COMMISSIONERS 1 I 1 , COMMITTEES ' j HUMAN and j SERVICES SPECIAL COORDINATING INTEREST COUNCIL GROUPS l �---------------------------------------------------- - - - - -- 1 YEAR --------------------------------------------------------- * Northwest Hennepin Human Services Council 1...... r 1R"" r ~ rq F "Own MwM /owm% xvmwww� wOMM ownww NOW" won" 1986 CITIZEN PARTICIPATION PROCESS IN NORTHWEST HENNEPIN COUNTY r _ October 24, 1985: Northwest Hennepin Human Services Council sponsors a Community Resource Fair and surveys 200 -300 participants January 7, 1986: The Council's Community Social Services Act (CSSA) Committee meets to review CSSA materials January 10, 1986: The Council completes a mail question - naire survey of 40 area human service providers January 25, 1986: The Council participates in the Champlin Information Fair and collects 119 surveys January 30, 1986: Council's CSSA Committee meets to review _ materials and complete the CSSA Worksheet February 4, 1986: Council's CSSA Committee establishes preliminary CSSA priorities i February 5, 1986: Council begins collecting the Coordina- ting Council mail survey results February 6, 1986: Council's Executive Board passes motion to approve the preliminary CSSA priorities 3 March 12, 1986: Council's CSSA Committee meets to review CSSA materials March 18, 1986: Council collects the County Mental Health Division Information Survey 1 March 24, 1986: Hennepin County Community Services Department staff meet with the eight Human Services Councils to respond to the preliminary CSSA priorities March 26, 1986: Council receives the United Way Needs Statement and Priorities April 8, 1986: Council's CSSA Committee meets April 29, 1986: Emergency Services focus group held 10 May 8, 1986: CSSA Public Hearing held may 9, 1986: Council's CSSA Committee meets to review CSSA materials May 20, 1986: Family Counseling focus group held June 3, 1986: Council's CSSA Committee meets to review CSSA materials June 10, 1986: Chemical Dependency focus group held June 24, 1986: Council's CSSA Committee meets to review CSSA materials, establish final CSSA priorities, and draft final CSSA Report August 12, 1986: Coordinating Council gives CSSA priority presentation to the Hennepin County Board of Commissioners August 13, 1986: Council's Executive Board passes motion to approve the final 1986 CSSA priorities August 21, 1986: Council's CSSA Committee meets to review CSSA materials and plan for the 1987 citizen participation process September 4, 1986: Council makes CSSA presentation to the Hennepin County Ways & Means Committee FF C � 11 r CITIZEN PARTICIPATION The Northwest Hennepin Human Services Council represents the communities mmu ties of Brooklyn Center Brooklyn Park Champlin, Y Y � Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, Maple Grove, New Hope, Osseo, Plymouth, Robbinsdale and Rogers. ` The human service needs listed on the following page are the result of the Northwest Hennepin Human Services Council's 1986 citizen participation and prioritization activities. These activities involved over 570 individuals - voluntarily contributing over 1,700 hours to define and prioritize the human service needs of northwest Hennepin County. The pro- cess consisted of 3 citizen surveys, 1 service - provider sur- vey, 3 service- provider focus groups, 1 public hearing, 23 L committee meetings, input from area municipalities and school districts, and over 8,000 public information flyers being dis- tributed. We believe the following human service priorities reflect the opinions of our residents as well as the observations of our area service- providers. 12 NORTHWEST HENNEPIN HUMAN SERVICE COUNCIL'S 1986 COMMUNITY SOCIAL SERVICES ACT PRIORITIES PRIORITIES TARGET GROUP 1. Affordable, Quality, Low and Moderate - Income [ Family Counseling Families and Individuals 2. Drug and Alcohol Abuse Services Adults and Adolescents 3. Emergency Food, Shelter, and Low- Income Families Clothing and Individuals 4. Physical and Sexual Abuse or Adults and Adolescents Neglect of Children 5. Shelters for Battered Women Battered Women and their Children 6. Low -Cost Health Care Low and Moderate- Income Families and Individuals 7. Parenting Education and Families and Individuals Support Services 8. Subsidized Child Care Low and Moderate- Income Families 9. Transportation for Seniors Seniors and Disabled and /or the Disabled Persons 10. Programs and Support Services Seniors for Seniors 11. Residential and Support Services Mentally Ill Persons for the Mentally Ill and their Families 12. Residential and Support Services Mentally Retarded Persons for the Mentally Retarded and their Families 13 4 T t - FUTURE COUNCIL COMMUNITY SOCIAL SERVICES ACT ACTIVITIES i The Council will implement an area -wide telephone survey i of 800 -900 northwest suburban residents December 1986 - February 1987. The purpose of this survey will be to solicit citizen input about the human service needs of the area. This tele- phone survey will be repeated every three years in order to provide an overall citizen view of the service needs for 3 the northwest area and to allow for comparison over time. The Council will also implement a series of service - ' provider focus groups in order to determine gaps in services 3 S and develop recommendations to be presented to the Hennepin County Community Services Department and the Hennepin County ` Board of Commissioners. Service areas to be studied include mental illness /mental retardation services, chemical health services, senior services, and services for the handicapped. Additional input will be solicited throughout the year from area churches and local police departments. If you would like to know more about these future acti- vities or would like to be involved in these activities, please L feel free to call or write to the Northwest Hennepin Human Services Council office. 14 I 1 1 ' COMMENT SHEET 1 1 1 i 1 To ensure that the Council meets your information needs, the Council would like to get your feedback on this summary report. Please take a few minutes to answer the questions below, tear out this page, fold and staple, and mail to the Northwest Henn- ' epin Human Services Councils office. Comments by phone can be directed to David Wagner at 536 - 0327. 1 NAME PHONE NUMBER r r ORGANIZATION r - i please circle 1. Were you aware of the Northwest Hennepin Human Services Council before reading this report? yes no ) 1 2. Were you aware of the Council's citizen partici- pation process before reading this report ? - yes no 3. Were you aware of the State Community Social Ser- vices Act(CSSA) before reading this report? yes no 4. Before reading this report, did you know that the Council publishes an annual human service prior- ities report? yes no ' 5. Is this summary report: too long too short right length 6. Is the information in this report: too eneral too specific appropriate 9 P PP P riate L 7. Overall, did you find the report useful to you? yes no 8. Is there information you would have liked to have seen added or deleted in this report? _ 1 1 1 1 I 1 1 1 - 1 Thank you for your comments and feedback to this report. ! t 1 1 1 15 1 6oka / 1 mwwi r vMMww Nomad ►w wml wm A Lad w.J ..iJ .......J ..../ ...,...J ....J -- - - - - -- - -- ---- - - - - -- - - - -- - -------------- _ -- - - -- - - --------------------- ' - - - -- -- - - - - - -- En 1 1 i 1 I ft � 1 ro m n wco p h 1 w `.CI to 0 1 E n w t-3 h fD a 1 Ho Ens N I MH M I z>Hx 1 lJl fD CrJ "Z 1 .P s✓ cn t=] N� nro 1 00 O H O 7 7 F'1 f7 1 rtH 1 �r 1 1 i 1 N rt 1 1 1986 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL STAFF Mary E. Cayan Executive Director David A. Wagner Planner /Emergency Services Coordinator Vangie E. Gramsted Secretary /Bookkeeper ` ENERGY ASSISTANCE PROGRAM STAFF - Linda J. Terrell Rural and Suburban.Area Program Coordinator Cindy L. Whelan Northwest Area Program Coordinator Eleanor R. Schmeltzer Northwest Area Program Assistant Dian Whelan Verifier Joanne Schmeltzer Telephone Room Supervisor Sherri Mize _ I _ Intake Worker Calvin Kimmons Intake Worker Ramona Horr Surplus Commodities Coordinator This summary report was prepared August 13, 1986 by David A. Wagner, Planner /Emergency Services Coordinator. Additional copies of this summary report are available by calling the Northwest Hennepin Human Services Council's office at (612) 536 -0327. t Requests for the complete 1986 Community Social Services Act Report which includes 1986 priorities, recommendations, and survey results can also be made by calling the Council office at (612) 536 -0327. This agency is funded by Hennepin County and the member municipalities of northwest Hennepin County 16 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: September.19, 1986 SUBJECT: Usage Statistics for Five Cities Senior Transportation Project The Five Cities Senior Transportation Project initiated its ridership program in November, 1985. Below you will find the number of Brooklyn Center residents served each month, the number of one -way trips, the total number of one -way trips for the entire program, and the percentage of Brooklyn Center residents making those one -way trips. The other cities participating in this joint- powers project are Crystal, New Hope, Golden Valley and Robbinsdale. Further details are available upon request. Number of Percent of Brooklyn Center One -Way Trips Brooklyn Center Residents by Brooklyn Total Residents Making Month Served Center Residents _One-Way Trips One -Way Trips November, 1985 6 12 78 15% December, 1985 7 26 294 9% January, 1986 4 8 352 2% February, 1986 3 14 266 5% March, 1986 3 16 b18 3% April, 1986 22 46 424 11% May, 1986 1 6 258 2% June, 1986 34 78 389 20% July, 1986 1 10 338 3% August, 1986 3 12 370 3% MEMO TO: Gerald G. Splinter City Manager er g FROM: Darlene Weeks, City Clerk SUBJECT: 1987 Proposed Elections Budget DATE: September 18, 1986 Today I talked with Marge Christianson, Supervisor of Elections at Hennepin County, regarding pricing and financing information for the OPTEC III P voting system. She gave me the following information. The County has a proposal from Otto Johannes of Business Records Corporation stating that quantity purchase discounts on this new equipment will be available to Ramsey and Hennepin County on a combined basis. Individual city purchase orders must be given to them by December 12, 1986. Financing is available through BRC as follows: -Cash price 30 days after delivery -20% deposit - 36 monthly payments after day of delivery at 8.96 -30% deposit - 60 monthly installments after day of delivery at 8.64% -lease with option to buy -Any down payment required must be made by January 15, 1987. If equipment is needed for 1987 elections, delivery of equipment will be in plenty of time for necessary training of judges, etc. If equipment is not needed until 1988 elections, then delivery will be sometime in January, February or March of 1988. Prices for the Optec III P voting equipment per unit are as follows: (ten needed) 100 $4800 /unit 101 - 200 4704 201 - 300 4608 302 - 400 4512 401 - 500 4368 501 - 4176 Gerald G. Splinter -2- September 18, 1986 The urchase order p must be written for the full amount ($4800 /unit). However, after it is determined how many units are sold, the quantity discount for the County will be determined and BRC will send a letter stating the discount price, which, according to the County, looks like it will be $4176 per unit. Duplicate prompt paks are $235 each -- totaling $2,350. I have no firm prices for the transfer cases. Voting booth prices are as follows: (This company bought out the only other company that manufactured voting booths.) 1 - 9 $190 10 - 249' 181 250 - 499 173.80 500 - 999 166.80 over 1,000 163.00 In talking with Marge regarding the setup of the ballot on our lever machines, she mentioned that we are now at full capacity on the machines. If we had one more local office running, or if our County Commissioner was up for election or one more judge was on the ballot, we would be going to a paper ballot. This would require buying voting booths and ballot boxes, plus hand counting of this gray ballot. This is a very expensive proposition and there is no alternative. Edina has lever machines and they have experienced this problem. Any real appreciative savings resulting from no primary in 1987 would be in the areas of Professional Services and Rentals and would amount to approximately $5,400. Study Session May 12, 1986 TO: City Council THROUGH: James L. Brimeyer FROM: Carmen J. Kaplan SUBJECT: Organization of Legal Staffin BACKGROUND Prior to 1970, the City of St. Louis Park retained an inhouse attorney who handled the routine civil matters and all criminal prosecution. In addition,--a contractual arrangement existed with a private l law firm for prosecuting special cases. Beginning in 1970, the City contra two separate law firms to handle civil and crimin with The firm of Popham, 1na1 matters. P , Haik, Schnobrich, Kaufman and Doty, Ltd. has been retained as City Counselor while the firm of Katz Lange, Davis and Manken � , Ltd. has served as City Prosecutor. This change in 1970 was the result of some dissatisfaction on the City Council's part with the previous arrangement and concern over the rising legal costs at that time. The City Charter (Section 5.04 provides that there be a City Attorney, but does not specify the form or manner in which the duties of the City Attorney are to be handled. This would appear to leave the City Council sufficient latitude in providing for legal services as it sees fit. Alternatives There are three basic alternatives for the provision of City legal services. They are as follows: I. Contract with private law firm(s) for all legal services. 2. Maintain a legal department within the City staff structure. 3. Combine inhouse and contractual legal departments. Each of these alternatives can then be evaluated on the basis of four criteria. These criteria are as follows: 1. Cost The main factors involved in this criterion are the total cost of providing legal services and the level of service received for the cost of the service. 2. Availability An essential element of any method of providing legal services is the availability of legal staff to meet with and advise other City staff members. This is pertinent to both routine matters and emergency situations. 3. Expertise Expertise pertains to the quality of the advice and opinions rendered by the legal staff to the City Council and other city staff members. tubers. This criteria may vary among municipalities depending upon the legal needs. 4. Workload The level of work involved in providing legal services has important implications for needs and costs. The volume of work may be a determining factor in staffing considerations for a legal department. g P t. -2- The three basic alterntives for the provision of legal services are examined. The following is an examination and analysis of the respective advantages and disadvantages of each of the previously stated alternatives: 1. Contracting with Private Legal Firms for all City Legal Services. The City of St. Louis Park currently contracts with two private firms for the provision of legal services. The information provided for this alternative is based on the current method for the provision for legal services. s. A. Cost Total legal costs for legal services provided since 1981 are shown below: (Also See Appendix A). 1981 $183,953 1982 $189,048 1983 378 $ ,701 1984 $363,219 1985 $346,085 In this five year period, the hourly rate charged by the City Prosecutor increased by 15 percent and the average hourly rate for the City Counselor has increased by 34 percent. This increase contrasts with adjustments to the City's pay plan totaling 24 percent for the same period. This would indicate that the hourly rate is not the significant factor in the rise of legal costs, rather the 3 salient factor is the increased workload. The cost of legal services peaked in 1983 and have been declining since 1983. The retainer for the City Counselor for 1985 is $4,700 per month or $56,400 annually. Based on a report prepared by the city counselor, a total of 2072.2 hours has been billed against the retainer for 1985 resulting in an effective rate of $29.40 per hour. For special cases outside the scope of the retainer, the average hourly rate for 1985 is $73.10. (See Appendix B). The total legal costs also include expenses incurred as a result of the Reilly Tar and Chemical litigation. For 1985, legal fees related to Reilly amounted to $76,864 or 22 percent of 1985 total legal expenses. The fee for the City Prosecutor is $55 per hour. Based on a report prepared by the prosecuting attorney, a total of 2424.1 hours were billed to the city for 1985. This represents 902 hours for DWI cases, or 37% of the total hours. The retainer and special cases account for 1532 hours, or 63% of the total hours. (See Appendix C). B. Availability of Legal Staff At the present time, the two firms that the City contracts with maintain offices in downtown Minneapolis. The criminal attorneys are available to the City staff on an appointment basis. The primary department interacting with the criminal attorney s Y the police department. The general legal counsel deals with almost every department within the city. Office hours were established in January 1985 for the general counsel. The lack of legal staff present at City Hall produces a concern that there is a lack of personal day -to -day contact, which does not permit immediate staff consultation with the City's attorneys. There is also concern with the lack of one City Attorney. There are several attorneys assigned to the City. This produces some confusion as to whom to deal with as well as inconsistencies in legal opinions. What may have been a previously acceptable practice, may be deemed inappropriate by a different attorney. Conversely, a variety of attorneys are available, with specialized areaa of expertise. C. Expertise of the Legal Staff The law firms of Popham, Haik (Civil) and Katz, Lange (criminal) by all- accounts have supplied the City with a high level of expertise in legal affairs. The firm of Katz, Lange uses three different attorneys for handling criminal cases and has a high conviction rate. Popham, Haik has a large component of attorneys working for their firm which provides for expertise in a wide range of areas. This has been especially beneficial icial to the City in dealing with special cases ases where it is important to have someone who is a specialist as opposed d to PP a ene g ralist in municipal law. However, this flexibility may create a delay in the turn around time for legal opinions. D. Workload An analysis has been done of time reports submitted by the two private law firms from 1981 to 1985. (See Appendix D). A city employee is paid for 1703 hours or 212 days a year. Based on this information, 2.4 attorneys would be required to fulfill the general counsel workload and 1.4 persons for the prosecuting attorneys workload. This is somwhat misleading, since a multitude of cases can occcur simultanously. 2. An Inhouse Legal Services Department for both Civil and Criminal cases A. Cost - An inhouse legal department that handles all civil and criminal cases, would require four full time attorneys, with a staff complement of general counselor, prosecuting attorney, an assistant attorney a law clerk, two legal secretaries. the cost of personnel and other costs associated with this alternative would total approximately $306,800. (See Appendix E). This alternative would involve initial capital outlay of $14,800 for the establishment of a legal department as follows: G Computer $8,000 5 Desks $2,500 5 Chairs $1,200 4 Cradenzas $1,000 -- Library $1,000 Misc Soo TOTAL $14,200 Based on 1985 legal costs, this alternative would save an estimated $39,285 per year, or $196,425 over a five year period as compared to the current method, alternative 1. The initial capital outlay would be saved in the first year. B. Availability This alternative would provide immediate availability to any staff member or City council member in need of legal information or advice. This would tend to reduce or eliminate any hesitancy that staff members may have concerning the costs involved in seeking information or advice from the city attorney, since the costs would be standardized. However, the availability of the legal staff within City Hall may result in increased workload. Increased availability would also allow for the City to develop an education program for the staff and the Council on the best means of preventing litigation and other forms of legal difficulties. This may result y in changes in staff procedures, legal documents such as resolutions, ordinances or contracts. C. Expertise The expertise of an inhouse legal department would be somewhat limited. The level of expertise for the prosecuting attorney does not present any difficulty. The problem of expertise would come in civil matters and the handling of special cases. The City would want to hire an individual to handle civil cases who has a strong generalist background in g municipal law a ! s .!laed to being a specialist in one particular area. This type of background would be sufficient to handle the items which are presently covered by the civil attorneys legal retainer fees and some special areas, i.e. labor relations. More complex cases would involve contracting for services. D. Workload The current demand for the need of legal services is substantial enough to accommodate the recommended personnel. However, there may be peak times when the staffing levels may not be sufficient to accommodate the city's need. Therefore this alternative would require special cases be contracted out for service. 3. Combination Inbouse Legal Staff and Contractual Agreement with a Private Law Firm, A. Cost There are many variations to a combination inhouse and contractual legal staff arrangement. This alternative would require that the inhouse legal department handle all criminal cases and all the cases presently handled under the civil retainer and some civil special cases. It would require that two full time attorneys be hired, with one secretary. In addition, a private. law firm would be retained to handle the more complex and time consuming special cases. It is estimated that the total budget costs for this alternative would be $207,525. (See Appendix F). Based on 1985 general counsel legal costs, this alternative would provide legal services for approximently $4,685 less per year, or $23,425 over a five year period. B. Availability This alternative would provide on -site legal services to City staff and the City Council. Thus, the difficulty associated with the need of making contact with the City Attorney would be greatly reduced. The presence of two attorneys, would ensure backup for one another in various situations. C. Expertise This alternative would meet the need of having an inhouse attorney who is a generatlist in municipal law to deal with the routing legal matters now covered under the retainer and a private legal firm with specialists in a variety of areas to handle the more specific cases. D. Workload Given the number of general counsel hours recorded annuallly since 1981, two attorneys could easily be productive 100$ of the time. ANALYSIS OF ST. LOUIS PARK An analysis of the three alternatives for providing legal services using the four stated criteria produces the following generalizations concerning the options available .to the city. 1. Alernative No. 1 - Contracting for legal services - is the most costly of the three alternatives and allows for limited control over total costs. The civil attorneys are presently on a retainer for basic municipal work but have varying hourly rates for special case work. 2. Alternative No. 2 - In -House legal department - would provide legal services for the lowest costs to the city. This alternative involves contracting with a private firm for special cases. The costs associated with contracting for service is based on previous experiences, however it is a projection. 3. Alternative No. 3 - Combination of an In -House legal staff and a contractual arrangement - would provide legal services at a lower cost than the current method, but the projected annual savings is minimal. 4. The issue of availability to meet with staff members on a timely and regular basis is considered an important issue. Both Alternative No. 2 and 3 would address this concern. 5. Contracting with private legal firm(s) would provide the city with the greatest level of expertise. Although both Alternatives No. 2 and 3 provide for contracting with a private firm for special cases. This would ensure the availability of expertise when it is needed. A major consideration is to what extent does the city need the high level of expertise i.e., for handling routine civil matters and misdemeanors and petty misdemeanors. 6. One additional consideration for an in -house legal department would be the need for additional office space. This would involve futher consideration but could be accomplished through relocation of existing personnel to best utilize existing space. OTHER MUNICIPALITIES IN MINNESOTA Twelve cities in the metropolitan area and out -state Minnesota were contacted. The cities have populations ranging from 20,000 to 80,000. Six of the cities contacted, Bloomington, Minnetonka, Coon Rapids, Albert Lea, Mankato and Rochester have in -house legal staff. Five of the cities contacted, Winona, Brooklyn Center, Brooklyn Park, Edina and Plymouth contract with either one or two firms for legal services. One city, Richfield; has an in -house general counsel and contracts with one firm. (See Appendicies G and H) . Y 1. Cities with an in -house legal staff appear to have better cost control over legal expenses. The annual increase for inhouse legal servicess is less than legal services that are contracted. 2. The average annual increase for the City of Richfield, which combines an in -house legal staff and contracting for services is 15 %, or 3.75% lower than the average for contracting for legal services. 3. The City of St. Louis Park has experienced the highest average annual increase in legal cost of the twelve cities contacted. 4. The average 1985 legal costs for St. Louis Park and the twelve cities surveyed is $213,313.25. The 1985 legal costs for St. Louis Park was $346,085, or 63$ above the average. 5. St. Louis Park has the second highest 1985 legal costs of the twelve cities surveyed. The City of Bloomington has the highest. 6. The average 1985 legal per capita cost is $5.37 per person. St. Louis Park is $8.24 per person, the second highest of the twelve cities and 53% above the average. 7. Cities with a population of 50,000 or more and central city communities tend to opt for an in -house legal staff to accommodate their needs. 8. Suburban communities may have the need for an in -house �2 legal department, but also have a wide selection of private law firms to choose from for the provision of legal services. CONCLUSIONS The choice on how to provide legal services for a municipality in a cost- effective manner and a way that protects the best interest of the city is not an easy one. It is apparent that legal services provided in other municipalities best meet their need without a consistent pattern on how legal departments are organized. Cities with an in -house legal department have realized lower cost increases than cities who contact for the provision of legal services. The primary factor of consideration in the selection the provision of legal services is to meet the needs of the municipality. The needs that were identified in this report include a level of expertise, availability, and workload. These factors need to be weighted for importance and the applied to the three outlined alternatives. The provision of legal services through a contractual arrangement with a private firm provides a high level of expertise, but the availability and response time are limited. An in -house attorney would sacrifice a certain i3 level of expertise but would provide a high degree of availability and a quick response time. A combination of in -house and contracting with a private firm for legal services- would best address the three identified needs. While the cost is comparable to the present method, expertise would be available through a contractual agreement for specialized cases. In addition, an in -house city attorney would be available to city staff and city council members to responds to legal issues and concerns. An in- house city attorney would provide better control over rising legal costs. APPENDIX A HISTORY OF ST. LOUIS PARK LEGAL COSTS PROSECUTOR AND COUNSELOR LEGAL COSTS NOT YEAR INCLUDING REILLY TOTAL 1976 $97,484 1977 $118,564 1978 $127,552 1979 $178,394 1980 $169,938 $191,777 1981 $160,842 $183,953 1982 $125,631 $189,048 1983 $185,887 $378,701 1984 $254,936 $363,219 1985 $269,222 $346,085 �S APPENDIX B HISTORY OF LEGAL COSTS IN ST. LOUIS PARR COUNSELOR SPECIAL YEAR RETAINER CASES REILLY TOTAL 1976 $34,800 $22,126 $3,704 $60,630 1977 $34,800 $38,348 $1,414 $74,562 1978 $37,200 $25,774 $18,411 $81,385 1979 $42,000 $39,657 $26,745 $108,402 1980 $46,800 $50,540 $21,839 $119,179. 1981 $51,604 $31,017 $21,111 $105,732 1982 $53,994 $12,828 $63,417 $130,239 1983 $54,006 $31,146 $192,814 $227,926 1984 $54,406 $60,832 $108,284 $225,522 1985 $60,923 $74,424 $ 76, $212,211 • APPENDIX C HISTORY OF ST. LOUIS PARR LEGAL COSTS PROSECUTOR RETAINER AND HOURLY YEAR SPECIAL CASES DWI RATE TOTAL 1976 $22,898 $13,956 $37.00 $36,854 1977 $27,186 $16,816 $37.00 $44,002 1978 $27,529 $18,638 $39.00 $46,167 1979 $39,236 $30,756 $43.00 $69,992 1980 $36,826 $35,772 $48.00 $72,598 1981 $54,422 $23,798 $48.00 $78,221 1982 $32,840 $25,970- $50.00 $58,810 1983 $54,060 $46,675 $50.00 $100,735 1984 $72,451 $65,247 $55.00 $137,698 1985 $84,238 $49,637 $55.00 $133,875 l- APPENDIX D LEGAL SERVICES WORKLOAD COUNSELOR AVG. RETAINER DAYS/ SPECIAL CASE DAYS/ TOTAL TOTAL HOUR YEAR HOURS YEAR HOURS YEAR HOURS DAYS RATE 1981 1379.8 172 1423.3 178 2803.1 350 $38 1982 1311.8 164 1450.9 181 2762.7 345 $47 1983 1521.3 190 3873.4 484 5394.7 674 $42 1984 1250.4 156 2537 317 °3787.4 473 $60 1985 2072.2 259 2069.6 259 4141.8 518 $51 PROSECUTOR RETAINER DAYS/ DWI DAYS/ TOTAL TOTAL HOURLY YEAR HOURS YEAR HOURS YEAR HOURS DAYS FEE 1981 1133.8 142 495.8 62 1629.6 204 $48 1982 656.8 82 519.4 65 1176.2 147 $50 1983 1081.2 135 933.5 117 2014.7 252 $50 1984 1317.3 - 165 1186.3 148 2503.6 313 $55 1985 1531.6 191 902 113 2434.1 304 $55 �Q APPENDIX E PROPOSED BUDGET FOR IN -HOUSE LEGAL STAFF ANNUAL SALARY General Counsel $45,000 Prosecutor $35,000 Assistant Attorney $25,000 Law Clerk $15,000 Secretary (2) $36,000 Fringe Benefits $48,300 TOTAL PERSONNEL SERVICES $204,300 Supplies $2,000 Filing Fees /Transcripts $1,000 Memberships $1,000 Subscriptions $ 500 Training $2,000 Special Cases, $100,000 TOTAL OTHER SERVICES $106,500 TOTAL BUDGET $306,800 �_l APPENDIX F LEGAL COSTS FOR IN -HOUSE GENERAL COUNSEL ANNUAL SALARY - -- City Attorney $45,000 Assistant Attorney $25,000 One Secretary $13,500 Fringe Benefits $29,225 TOTAL PERSONNEL SERVICES $102,725 Supplies $1,500 Filing Fees /Transcripts $ 300 Memberships $1,000 Subscriptions $ 500 Training $1,000 Special Cases $100,000 TOTAL OTHER SERVICES $104,300 TOTAL BUDGET $207,025 - 2-c tI APPENDIX 6 VZ YZAR 8I /TORY Of 1X CITISS rN XIXIR8OTA CITY /POPULATION METHOD LEGAL COSTS STAFFING 1981 1982 1983 1984 1985 1. Bloomington /81,831 In -house 238,000 275,000 293,000 328,000 372,000 9 employees: 1 City At' 5 Ass't. City Atty., 2 secretary; 1 clerk 2. Minnetonka /38,683 In -house 168,200 203,200 184,900 202,400 216,500 4 employees: 2 attorne, (one for prosecution); 1 paralegal; 1 clerk 3. Coon Rapids /35,826 In -house 74,867 74,201 84,730 89,343 75,849 (est) 2 attorneys: 1: clerici i law clerk 4. Albert Lea /19,200 In -house 32,005 34,566 39,672 43,437 46,776 1 City Attorney; } secretary 5. Mankato /28,651 In -house 133,784 171,081 173,235 214,059 231,481 1 City Attorney; 2 Asst. City Attorney; 1 secretary; 1 clerk 6. Rochester /57,906 In -house 205,710 192,134 210,987 295,427 209,000 3 Attorneys; 2 clerical 7. Winona /25,075 Contract 78.126 79,800 72,579 82,591 85,601 1 firm 8. Brooklyn Center /31,230 Contract 71,387 106.407 134,218 127,003 145,301 1 firm 9. Brooklyn Park/43,332 Contract N/A 316,327 186,175 226,503 242,266 1 firm 10. Edina /46,073 Contract 159,703 175,803 243,747 235,462 245,597 1 firm criminal 1 firm civil 11. Richfield /37,851 I In -house 25,488 27,583 36.025 39,766 41,820 1 in- house:general cou Contract 135,348 148,631 153,252 240,461 226,951 sel, Council meetings TS0;83b T76;3Td 189177 Z8U,ZZ7 Z68,771 Firm: special cases, litigation 12. Plymouth /31,615 Contract 111,175 173,562 197,346 234,461 288,535 1 firm 13. St. Louis Park /42.600 1 firm civil (not including Reilly) Contract 183,953 189,948 378,701 363,219 346,085 1 firm criminal 2` • • APPENDIX H SUMMARY OF 1985 LEGAL COSTS AND PER CAPITA COSTS FOR THIRTEEN MINNESOTA CITIES CITY /POPULATION 1985 LEGAL COSTS PER CAPITA COST Bloomington/ $372,000 $4.55 81,831 St. Louis Park $346,000 $8.24 42,000 - Plymouth $288,535 $9.13 31,615 Richfield $268,771 $7.10 37,851 Edina $245,000 $5.33 46,073 Brooklyn Park _...$242 _� $5.59 43,332 Mankato $231,481 $8.08 28,651 Minnetonka $216,500 $5.59 38,683 Rochester $209,000 $3.60 57,906 Brooklyn Center $145,301 $4.65 31,230 Winona $ 85,601 $3.41 25,075 Coon Rapids $ 75,849 $2.12 35,826 Albert Lea $ 46,776 $2.40 _ -- 19,200 Average 1985 Legal Costs ......................$213,31 Average Per Capita Costs ..........................$5.37 21 DETAIL OF STREET MAINTENANCE MATERIALS I 1985 ACTUAL I 1986 ADOPTED I 1987 PROPOSED TOTAL UNIT TOTAL I UNIT TOTAL I DESCRIPTION I PRICE I QUANTITY UNIT PRICE PRICE ( QUANTITY UNIT PRICE PRICE I ---------------- I------------------------- I------- ----------------------------- - i -------- ---------- --- --- - - - - --I CLASS 5 I $1,196.67 + 300 TON $2.35 $705.00 I 300 TON $2.45 $735.00 I BUCKSHOT I $0.00 I 0 TON $0.00 ( 0 TON $0.00 $0.00 I SALT SAND I $5,147.83 I 2200 TON $2.35 $5,170.00 I 2200 TON $2.45 $5,390.00 I HOT MIX ! $25,536.70 I 1200 TON $26.25 $31,500.00 I 1200 TON $25.00 $30,000.00 ' ROAD OIL I $6,298.23 I 6000 GAL $0.70 $4,200.00 I 6000 GAL $0.75 $4,500.00 I SALT I $22,751.86 i 1000 TON $22.50 $22,500.00 1000 TON $24.00 $24,000.00 I WINTER MIX I $1,986.00 I 200 TON $26.25 $5,250.00 I 200 TON $25.00 $5,000.00 I CATCH BASINS, I $3,930.51 $6,000.00 I $7,000.00 ADJUST RINGS, PAINT, ETC. I I SIDEWALK I $2,684.00 I $7,500.00 I $8,000.00 I CONC CURB REPAIRI $100.00 I $400.00 I $600.00 I - --------- -- - - -- I -------- ----------- - - - - -- I -------- -- ------- ------- -- ---- --- -- -- I ------------------------------------- TOTAL I $69,631.80 I $83,225.00 I $85,225.00 I --- ---- --- ---- -- I ----- -- --- ------ --- - - - - -- I ------------- ------- ------- ---- - -- - -- I ------ ----- ------------- ---- -- - - - - - -- I OBJECT 4220 I I ( I MISC SUPPLIES I $1,895.94 I I $2,100.00 ---------- - - - - -- I ------------------- - - - - -- i ------------------------------- - - - - -- I ------------------------------------- OBJECT 4375 I WASTE DISPOSAL I $3,412.44 i i $3,800.00 --- ----- -- - - ---- I ----- -- -------- ---- - - -- -- I ---------- ------- ------- ----- -- - - - - -- I ------------------------------------- OBJECT 4420 OTHER CONTRACT i $1,927.00 I I $2,200.00 ---------- -- -- -- I -- --- ---------- ---- - - - --- I ------ -- --- ----- ---- -- ------ --- - - -- -- i ------------------------------------- TOTAL 4234 I $76,867.18 I $83,225.00 I $93,325.00 ---------- - - - - -- I -- --- ---------- --- - - - - -- I --------------- ---------- ------ - - - - -- I ------------------------------------- I DEPARTMENT CITY OF OF ROOKLYN FINANCE .CENTER � MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: September 22, 1986 SUBJECT: MICRO COMPUTER USES The City Council, at its September 15 Budget Meeting, asked about the City's current use of micro computers. Micro computers are currently being used in six City departments. They are the City Manager's office, Finance, Assessing, Planning, Public Works, and the Police Department. Their uses are as follows: CITY MANAGER'S OFFICE This department's use of the micro computer has been primarily for word pro- cessing. Some of the word processing uses are: Council Agenda Training Manuals Minutes Rules and Regulations (Fire Dept.) Ordinances Bylaws (Fire Department) Resolutions Preplans (Fire Department) Labor Contracts Job descriptions Letters /Memos Programs Mailing Labels Indexes for minutes, etc. City Charter Vehicle license listing The department has just begun to use the Lotus system in the comparable worth study and a salary study. It is anticipated that Brad Hoffman will eventually use special programs that are available for projections on development projects. FINANCE DEPARTMENT This department's use of the micro cumputer has been primarily for spread sheet applications (VisiCalc). Some of the spread sheet applications are: Annual Report Department Personnel Records Annual Budget Capital Projects Reporting Payroll Classification Plan Cash Flow Life Insurance Records Bonded Indebtedness "7`ce So.xetluKg 1fZNte (� •, Memorandum to Gerald G. Splinter Re: Micro Computer Uses September 22, 1986 Page two FINANCE DEPARTMENT continued Investment Records Risk Management Records Liquor Stores Financial Golf Course Projections Statements Graphics Tax Collection Distribution ASSESSING This department has used the micro computer primarily as an intelligent terminal for the Logis Property Data System. This system has completely modernized the City's assessing function. The department also uses the micro computer for word processing and some spread sheet applications. The spread sheet applications are currently used for tax estimates, apart- ment valuation, and cash equivalency calculations. Graphics and mail messages are also used. Future uses for the micro in the department are expected to be as follows for the spread sheet applications: Land valuation system, tax comparison charts, mill rate history, valuation comparison charts, and commercial- industrial tenant mix data. Other projected future uses of the micro in the department are: Computer aided appraisal package for commercial - industrial property, field data collection, storage of property photos and building dia- grams on hard disc, and local processing after off loading segments of data base from LOGIS to local system. PLANNING AND INSPECTION This department just started to use the micro in April of 1986. Currently, the department is using the word processing feature only. Their word processing uses are: Agendas and minutes, general correspondence, reports, bond list, form letters and reports, ordinances, and resolutions. The department intends to use spread sheet applications in the near future. PUBLIC WORKS This department's use of the micro computer is listed on the attached. PUBLIC WORKS MICROCOMPUTER APPLICATIONS Payment Vouchers Lotus 123 - Standard voucher form retained on disc for each contract, updated each month with new quantities Specification Manuals Wordstar Standard specifications are retained on disc for each type of project. A copy of the "master" is run for editing by the Engineer. A disc with the specifications, bid tab, payment voucher and all correspondence is maintained until the project is completed and accepted b P P Y City Council. Correspondence Wordstar - All internal and external correspondence including letters, memos, reports, etc. City Council Resolutions and Memos Wordstar /Lotus 123 - Standard resolution forms are retained on disc. A copy of the "master" is run for editing by the Engineer in addition to all accompanying memos and reports. Easements and Agreements Wordstar - Standard easement and agreement forms are retained on disc and edited as needed. Mailmerge Property Owner Notices Wordstar / Mailmerge - Letters and notices drafted on computer and set up for addressing by mailmerge. This allows personalized addressing and customized letters for each situation. Assessment Rolls Lotus 123 - The standard assessment roll format as accepted b Hennepin P Y in P County is retained on disc and edited for each new levy along with the informational cover sheets for Council. Spreadsheets Lotus 123 - Miscellaneous engineering, financial and analytical spreadsheets and graphic representations Watershed Treasurer's Reports Lotus 123 /Wordstar - Monthly breakdowns of various financial aspects of the Shingle Creek Watershed Management Commission � Bid Tabulations Lotus 123 - An itemized listing of all bids submitted for each contract; maintained on the individual contract disc until contract is completed. Budget Worksheets Lotus 123/Wordstar - All worksheets submitted to the Director of Finance for budget approval Diseased Tree Program DBase II - Diseased Tree information is entered into a data base from which standard reports are automatically generated. The menu operated program generates removal agreements, followup letters, work lists, inspection reports, affidavits of mailing, liquidated damage reports, completed work lists and weekly summary reports. Fuel System Interface Basic /DBase II - Fuel reports are downloaded from the TEC21 Fuel Management Computer to the HP150 by a basic program. At month end a DBase II program manipulates the fuel file into a format that is electronically loaded into the City's VMS program at LOGIS. POLICE DEPARTMENT The department uses the micro computer for word processing. It is used extensively for Police reports, which were previously typed on pre - printed forms, and also for the department's general correspondence. The department is also using the Lotus system for the compilation of statistical data which generates reports on a weekly, monthly, and annual basis. Paul W. Holmlund Licenses to be approved by the City Council on September 22, 1986: 15 CIGARATTE LICENSE C.O.M.B. Company 5425 Xerxes Avenue N. Theisen Vending Company 3804 Nicollet Avenue S. Ramada Hotel 2200 Freeway Blvd. City Clerk ZZ COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Avenue N. Daisy Mae Dog Grooming 6830 Humboldt Avenue N. ; Snyder Bros., Inc. Brookdale Center Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Avenue N. Korean Presbyterian Church 6830•Quail Avenue N. Willow Lane Elementary School 7107 Major Avenue North Sanitarian Z MECHANICAL SYSTEMS LICENSE Aer, Inc. Box 1146 B & C Heating, Inc. P.O. Box 385 Royalton Heating & Cooling Co. 4120 85th Avenue N. Buildi g Official NONPERISHABLE VENDING MACHINE LICENSE Theisen Vending Co. 3804 Nicollet Avenue N. a, -- Ramada Hotel 2200 Freeway Blvd. Sanitarian RENTAL DWELLING LICENSE Initial: Bruce Beroloehr 4207 Lakeside Ave. N. #120 Dr. Akbar Sajady 4207 Lakeside Ave. N. #131 Dr. Akbar Sajady 4207 Lakeside Ave. N. #224 Dr. Akbar Sajady Y 4207 Lakeside Ave. N. #326 William and Linda Bjerke 3614, 16 50th Ave. N. Douglas and JoMarie Hentges 5206 63rd Ave. N. Renewal: Tower Investments 5100 Drew Avenue N. Dion Properties, Inc. 5740 Dupont Avenue N. Roland Scherber 5243 Ewing Avenue N. Gary D. Anakkala 5412 & 5412 1/2 Fremont Ave. N. Mahmud & Mahmud 5843 Fremont Avenue N. Kenneth W. Kunz 5601 Lyndale Avenue N. Raymond and Grace Harr 6406 Scott Avenue N. Irwin Ketroser 6525, 27, 29 Willow Lane N. Milton R. Carlson 610 53rd Avenue N. Jack & Elizabeth Fahrenholz 620 53rd Avenue N. John and Patty DeVries 2801 66th Avenue N. Director of Planning and Inspection *GENERAL APPROVAL:o D. K. Weeks, City Clerk