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HomeMy WebLinkAbout1986 08-25 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 25, 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 - August 11, 1986 - Regular Session 7. Resolutions: *a. Accepting Work Performed - P g rmed under Contract 198 6 J (1986 Sealcoating Program, Project.No. 1986 -12) *b. Approving Agreement for Installation of Water Distribution System to Serve the Earle Brown Commons *c. Establishing Improvement Project No. 1986 -20 (Utility System Improvements as Required to Serve the Earle Brown Commons) and Approving Agreement with Westwood Planning and Engineering Company for Professional Services Relating Thereto *d. Accepting Bid and Approving Contract for Construction of Centerbrook Golf Course Buildings (Project No. 1985- 23, Phase II, Contract 1986 -K) *e. Approving Agreement with AEC Engineers and Designers for Testing and Inspection of Four Sewage Pumping Stations *f. Approving Amendment to the Utility Service Agreement with the City f Robbi nsdale Dated September Y tuber 25 p r 1972 *g. Designating Brooklyn Center, Minnesota and Brooklyn Michigan as Sister Cities h. Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4,_1986 y CITY COUNCIL AGENDA -2- August 25, 1986 8. Planning Commission Items: 7:15 .m. ( P ) a. Planning Commission Application No. 86030 submitted by S & G Associates requesting site and building plan approval to construct a three story, 24 unit building on the vacant land east of the Earle Brown Farm Apartments on the south side of 69th Avenue North. This item was recommended for approval by the Planning Commission at its August 14, 1986 meeting. 9. Ordinances: (7:30 p.m.) a. An Ordinance Creating Chapter 22, of the City Ordinances Relating to a Tax Imposed Upon Lodging -This item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and tabled at the August 11, 1986 City Council meeting. b. An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds -This item is offered this evening for a first reading. c. An Ordinance Amending Chapter 11, of the City Ordinances -This item relates to proposed changes in the liquor ordinance and is offered for a first reading. 10. Discussion Items: a. Revocation of the On -Sale Club Liquor License for Brooklyn Center American Legion *11. Licenses 12. Adjournment 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 AUGUST 11, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Gene Lhotka at 7:04 p.m. ROLL CALL Mayor Pro tem Gene Lhotka, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Personnel Coordinator Geralyn'Barone, and Administrative Aid Patti Page. Mayor Pro tem Lhotka noted that Mayor Nyquist was absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Pro tem Lhotka noted that he had received a request from Arnold Land, 6845 York Place, to use the Open Forum session this evening. Mr. Land stated that he was present this evening to speak to the Council regarding the Police Department. Mr. Land stated that he has had the opportunity to deal with the Police Department three times over this past summer. He noted that in June a Crime Prevention meeting had been set up for his neighborhood but the officer had not appeared for the meeting. He stated that he was aware of an accident which took place in early July, in which it took the Police Department 15 minutes to respond. He stated he was told at that time there were only four officers on duty that evening. He went on to explain that on July 29 the Police Department was called for a burglary in progress in his area and it took them a substantial amount of time to respond. He noted he was told there were only three officers on duty. Mr. Land stated that if there is a shortage of officers in the Police Department perhaps the Council should look into authorizing more positions. The City Manager stated that he would be checking with the Chief of Police regarding the dates that Mr. Land mentioned and the number of officers on duty those evenings. He noted that he was sorry that the impression had been left with Mr. Land that the City has a shortage of police personnel. Councilmember Theis requested that the City Manager report back to the Council with his findings CONSENT AGENDA Mayor Pro tem - Lhotka inquired if any Councilmembers 'requested any items removed from the Consent Agenda. Councilmember Hawes requested that item 9a be removed, 8 -11 -86 -1- i Councilmember Theis requested item 9b and the City Manager requested item 9f be removed from the Consent Agenda. APPOINTMENT OF ELECTION JUDGES FOR THE SEPTEMBER 9 1986 PRIMARY ELECTION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint the list of election judges for the September 9, 1986 primary election. The motion passed. RESOLUTIONS RESOLUTION NO. 86 -122 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -123 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses AMUSEMENT DEVICE - OPERATOR Holiday Inn 1501 Freeway Blvd. GARBAGE HAULERS VEHICLE LICENSE Block Sanitation 6741 79th Avenue North Browning Ferris Ind. of MN 9813 Flying Cloud Drive Minneapolis Hide & Tallow Co. P.O. Box 12547 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Rotary Club 7456 Colfax Avenue North SIGN HANGER'S LICENSE Crosstown Sign Company 10166 Central Avenue NE Signcrafter's Outdoor Display, Inc. 7775 Main Street NE SPECIAL FOOD HANDLING LICENSE C.O.M.B. Company 5425 Xerxes Avenue North The motion passed. 8 -11 -86 -2- APPROVAL OF MINES JULY 28. 1986 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve - the minutes of the July 28, 1986 City Council meeting. The motion passed. Mayor Pro tem Lhotka abstained from voting as he was not present at this meeting. 75TH ANNIVERSARY CELEBRATION EXECUTIVE COMMITTEE REPORT Mr. Phil Cohen of the 75th Anniversary Celebration Executive Committee came forward and briefly reviewed the standings of the Committee. He stated that he is present this evening to ask the Council to make a motion to defer the payment for the final contribution from the City. He stated that it is possible that the Committee will not need the final contribution from the City and would prefer to have the payment deferred. Mr. Cohen then introduced Mr. Mike Nelson who gave a brief summary of the financial status of the Committee. There was a brief discussion regarding the various events- which the 75th Anniversary Celebration Committee has sponsored throughout the summer and the expenses they have incurred. Councilmember Theis stated that it appears the 75th Anniversary Celebration has been very successful and that he is very proud and thankful for the time and effort that the committee members have put into this celebration. Mr. Cohen stated that it is the Committee's goal to leave $10,000 in the account for the Earle Brown Days Celebration in 1987. He went on to briefly review the upcoming events scheduled for this fall and stated that he would like to thank the staff and City Council for all their cooperation and support. There was a motion by Councilmember Scott and seconded by Councilmember Theis to defer the payment of the final contribution for the 75th Anniversary Celebration Committee. The motion passed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract for Sidewalk Improvements on Humboldt Avenue North (Project No. 1986 -06, Contract 1986 -N). Councilmember Hawes asked if the date stated in the first paragraph of the resolution should be August instead of July. The Director of Public Works responded affirmatively. RESOLUTION NO. 86 -124 Member Bill Hawes introduced the following resolution and moved its adoption subject to the date correction in the first paragraph: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR SIDEWALK IMPROVEMENTS ON HUMBOLDT AVENUE NORTH (PROJECT NO. 1986 -06, CONTRACT 1986 -N) 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 Accepting Bid and Approving Contract for Earle Brown Farm Tax Increment District Phase II Streetscape Improvements 8 -11 -86 -3- r (Project No. 1986 -15, Contract 1986 -0). Councilmember Theis stated that the reason he had this item pulled from the Consent Agenda was that there had not been any backup material for the item and that he felt it should not be on the Consent Agenda if there is no backup material. RESOLUTION NO. 86 -125 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE II STREETSCAPE IMPROVEMENTS (PROJECT NO. 1986 -15, CONTRACT 1986 -0) 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 Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessments for Shingle Creek Parkway Street Turnlane Improvement Project No. 1986 -07. He stated that the cost of this project would be assessed to Ryan Construction and Target. RESOLUTION NO. 86 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1986 -07 (SHINGLE CREEK PARKWAY TURNLANE CONSTRUCTION) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1986 General Fund Budget to Provide for Wage and Salary Adjustments. He noted that this was the annual authorization to allocate salary increases from the unallocated department budget. RESOLUTION NO. 86 -127 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging. He explained that this item would allow for the creation of a Tourism Bureau. He added that this item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and is offered this evening for a second reading. He stated that he is recommending deferment of this item for two weeks so that he can be assured of coordination between the City, the Chamber of Commerce and the Tourism 8 -11 -86 -4- Bureau. - Councilmember Theis asked what areas in the contract the City Manager felt were weak. The City Manager stated that the Director of Finance has recommended some changes to the contract and that he would like to be able to meet with everyone involved to ensure total coordination. Councilmember Theis asked if the other communities had passed the similar ordinances. The City Manager responded affirmatively but added that it should not be a problem for the City of Brooklyn Center to defer this for two weeks. Mayor Pro tem Lhotka opened the meeting for the purpose of ,a public hearing on An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging, and inquired if there was anyone present who wished to speak at the public hearing. Mayor Pro tem Lhotka recognized Mr. Steve Anderson, Ramada Hotels, who stated he would like to address some of the concerns that the City Manager has stated. He explained that the committee that initiated the Tourism Bureau idea does not feel the independent chambers have the time, money or ability to do this on their own. He noted that the committee has been working on this ordinance for six or seven months. Mr. Anderson briefly explained the membership of the Board of Directors and the contract itself. Councilmember Hawes stated that he has some concerns and questions regarding the Tourism Bureau and asked how the decisions would be made for determining which City would sponsor the different events. Mr. Anderson stated that the Tourism Bureau would notify all the hotels and businesses of the event, and they in turn would approach the organization sponsoring the event with their prices and packages. He stated that it is up to the organization sponsoring the event to make the necessary decisions and that the Tourism Bureau simply supplies information and lists of businesses to the organization. The City Manager stated that he is not opposed to the Tourismspaces Bureau or the ordinance but only uncomfortable with it at this time. He stated he would feel more comfortable if he were allowed two weeks time for research. Councilmember Hawes and Councilmember Scott agreed with the two week deferment suggested by the City Manager. There was a motion by Councilmember Theis and seconded by Councilmember Scott to table An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed -Upon Lodging until the August 25, 1986 meeting, and to continue the public hearing at 7:30 p.m. that evening.. The motion passed. % The City Manager introduced An Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks. He stated that this item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and is offered this evening for a second reading. Mayor Pro tem Lhotka opened the meeting for the purpose of a public hearing on An -Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks, and 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. 8 -11 -86 -5- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks. The motion passed. ORDINANCE NO. 86 -07 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 8 AND 23 OF THE CITY ORDINANCES REGARDING LICENSING OF BOTTLED AND CANNED SOFT DRINKS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager ' presented An Ordinance Amending Chapter 35 Regarding Administrative Permit Fees. He stated that this item deletes all references to fees in the zoning ordinance. He noted that this ordinance is offered for a first reading this evening. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 Regarding Administrative Permit Fees. The motion passed. The public hearing was set for September 8, 1986 at 7:30 p.m. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He stated that this item will accomplish the rezoning from I -1 to R7 for the Earle Brown Commons Development. He added that this ordinance is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain -Land. The motion passed. The public hearing was set for September 8, 1986 at 7:30 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 86029 SUBMITTED BY DAVID OTTO REQUESTING A VARIANCE FROM SECTION 35 -704 OF THE CITY ORDINANCES TO ALLOW FULL RETAIL USE OF THE BUILDING AT 5810 XERXES AVENUE NORTH WHILE PROVIDING FEWER PARKING STALLS THAN REQUIRED BY ORDINANCE The City Manager noted this item was recommended for approval by the Planning Commission at its July 31, 1986 meeting. The Director of Planning & Inspection referred the Mayor Pro tem and City Council to pages one through three of the July 31, 1986 Planning Commission minutes and the attached informational sheet with those minutes regarding this application. He reviewed the application and the-past consideration of the parking formula ordinance amendment. He noted that the Planning Commission has recommended adoption of the ordinance amendment by the Council. He further explained that the Planning Commission has also recommended approval of the variance to allow Council time to consider the ordinance amendment and briefly reviewed the findings of hardship pertaining to the variance. Councilmember Hawes stated that he was not sure, if by solving 8 -11 -86 -6- this one problem, the City would not be overlooking another set of problems. He added that he felt, if the variance was approved, a fifth condition should be set on the application pertaining to fencing around the trash container. Councilmember Scott asked if there were any plans for interior remodeling of the store. The Director of Planning & Inspection stated that he has not seen any final plans at this time but the placement of the stores may be rearranged. Councilmember Theis stated that he feels very strongly that the City must look further than this particular area before passing an ordinance amendment regarding parking requirements. Councilmember Theis then asked how the ordinance amendment. would .affect the re ns e tri s and g p a landscaping. in The Director P of Planning & Inspection stated that it would affect these areas no differently than it does now. He explained that currently many of the greenstrips inside of parking lots are areas that are reserved for roof of parking and that P P g they could be deleted, if more parkin spaces were required. P g q Mayor Pro tem Lhotka asked if the Council were in favor of the ordinance should they then deny the variance. The Director of Planning & Inspection stated that it is one course of action the Council could take, or the Council could table consideration of the ordinance and approve the variance. Mayor Pro tem Lhotka opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86029 submitted by David Otto. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Pro tem Lhotka recognized Mr. David Otto, the applicant, who stated that it is his intention to re- orientate the businesses towards the north. He further explained that there has been no lease agreement with the Health Spa since February of 1985 for parking spaces. Councilmember Theis asked if there were any covenants that dictate leasing spaces to the Health Spa. Mr. Otto responded negatively. Mayor Pro tem Lhotka inquired if there was anyone else 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 Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 86029 submitted by Mr. David Otto. The motion passed. Councilmember Theis asked the City Attorney if the Council would be setting a precedent for the rest of the City if a variance were granted to Mr. Otto. The City Attorney tated that he has s not done an research in the he matter Y but he believes that if there are any similar sites within the City, a variance would have to be granted to them if they applied for. it. Mayor Pro tem Lhotka asked if there were any other sites in the City similar to this one. The Director of Planning & Inspection responded negatively. The City Manager asked about the Showbiz Pizza site. The Director of Planning & Inspection stated that Showbiz Pizza uses the restaurant formula for parking and he believes this formula is very c accurate. urate Councilmember Hawes asked the Director of Planning & Inspection if he felt 8 -11 -86 -7- secure with the ordinance amendment. The Director of Planning & Inspection responded affirmatively. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to deny the variance application submitted by Mr. David Otto, Planning Commission Application No. 86029. There was a brief discussion regarding the procedures for ordinance amendments. Councilmember Theis noted that before an actual vote was taken he would like to state his intentions. He stated that he would vote against the ordinance amendment because he would like more information on the effect of greenstrips from this ordinance amendment. He added that he would also vote against the denial of the variance. The Director of Planning & Inspection stated that the Council could approve the variance and table the ordinance for further discussion if they so wished. He added that the variance could also be tabled for up to 30 days. There was a motion by Councilmember Theis and seconded by Mayor Pro tem Lhotka to table the proposed ordinance amendment regarding parking requirements for retail buildings. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Mayor Pro tem Lhotka and Councilmember Theis; and the following voted against: Councilmember Hawes and Councilmember Scott. The motion failed. Upon vote being taken on the motion to deny a variance application submitted under Application No. 86029, the following voted in favor thereof: Councilmember Hawes; and the following voted against the same: Mayor Pro tem Lhotka, Councilmembers Theis and Scott. The motion failed. -There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the variance for Planning Commission Application No. 86029 subject to the four findings of fact and a fifth condition being added regarding the fencing of trash containers. Councilmember Scott stated that she did not feel the variance is the correct way to handle this matter, but added that she did not want the applicant to be left without any options open to him. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Councilmembers Scott and Theis; and the following voted against the same: Councilmember Hawes and Mayor Pro tem Lhotka. The motion failed. There was a motion by Mayor Pro tem Lhotka and seconded by Councilmember Scott directing the staff to provide further information regarding the proposed ordinance amendment for a first reading at the next regular City Council meeting. The motion passed. Mayor Pro tern Lhotka noted that the variance must be acted on within 30 days. Councilmember Theis stated that he would like the variance to come back before 8 -11 -86 -8- the Council at the same time the other information is presented on the ordinance amendment. RECESS The Brooklyn Center City Council recessed at 9 :05 p.m. and reconvened at 9:25 p.m. REVIEW OF AMENDED BUILDING PLANS SUBMITTED BY STEPHEN COOK PLANNING COMMISSION APPLICATION NO. 86013 The City Manager stated that an informational hearing has been set for this evening's meeting and notices have been sent to the surrounding neighbors.'' The Director of Planning & Inspection briefly reviewed the past Planning Commission applications regarding the property and proposed ,plan submitted by Mr. Stephen Cook. He noted that because the Council had initially required review of the site plan this amended plan must also be reviewed and considered by the Council. Councilmember Theis asked how the height and setbacks compare to the original site plan. The Director of Planning & Inspection stated that in the new plan the building would be somewhat shorter and that he did not have any dimensions on the total height of the building. He noted that the proposed building is within the setback standards Mayor Pro tem Lhotka opened the meeting for the purpose of any public inquiry regarding the amended building plans submitted by Stephen Cook. Mayor Pro tem Lhotka recognized Ms. Lillian Headline, 5320 Russell Avenue North, who stated that she feels the north setback brings the home too close to her property. Mayor Pro tem Lhotka recognized Mr. Robert Hanson, 4951 Logan Avenue North, who stated he feels the new proposal would look much better on the lot and will fit into the neighborhood better. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the revised building plan submitted by Stephen Cook, Planning Commission Application No. 86013. The motion passed. PUBLIC HEARING The City Manager noted that a public hearing had been scheduled this evening regarding proposed street improvements on 69th and 70th Avenues North between Dupont Avenue and T.H. 252, Project No. 1986 -10. He stated that this hearing was only on the improvement project itself and that a hearing would be held at a later date regarding the assessment of the project. The Director of Public Works reviewed the transparency showing the proposed improvement and stated that the project is covered by an agreement with MN /DOT regarding the T.H. 252 project. He stated that it would be a nine ton roadway, 32 feet wide, and that no parking would be allowed on the road. He briefly reviewed the proposed assessments and stated that the projects had initially been started in 1982. The Director of Public Works stated that after the project was complete an assessment roll would be prepared and the Council would be asked to set a date for a special assessment hearing. He noted that the levy rate against the City is at the same rate as all other property in the area. Mayor Pro tem Lhotka 8 -11 -86 -9- asked if MN /Dot's portion of the project would be assessed. The Director of Public Works stated that MN /Dot's portion of the project would not be assessed to the property owners. Mayor Pro tem Lhotka opened the meeting for the purpose of a public hearing regarding proposed street improvements on 69th and 70th Avenues North between Dupont Avenue and T.H. 252, Project No. 1986 -10. He recognized Ms. Mary Hobbs, 6842 Dupont Avenue North, who stated that it doesn't seem quite fair that the City can complete a project and then discuss the assessments. The City Manager stated that the City is required by State law to take action on the assessments after the completion of the project. He added that when improvements are made to streets 'surrounding corner lots the property owners are assessed for only one side of the lot. Mayor Pro tem Lhotka then recognized a representative of Invespro II Limited Partnership, which is the owner of the Columbus Village apartments. He stated that because of the construction the tenants would no longer have direct entry onto T.H. 252. Mayor Pro tem Lhotka then recognized Mr. James Baumgartner, 6844 Colfax Avenue North, who stated that he is very upset by the change in the roadway, and stated that it appears that it will cause more problems than it will solve. Mayor Pro tem Lhotka recognized Ms. Helen Baumgartner, 6844 Colfax Avenue North, who stated that she is concerned about the safety of the children who will use the soccer and football fields in the area. The City Manager stated that there will be additional plantings along the roadway separating the playing fields from the street. Ms. Baumgartner stated that she feels the area will be more congested after the improvement project is complete because there will only be one road into or out of the softball fields and their parking lots. She added that she is against the closing of 69th Avenue North. The Director of Public Works stated that the City did not have the option of leaving both 69th and 70th Avenues open. Mr. Baumgartner stated that he did not feel it was right to make a major change to a roadway that would affect only four families. There was a brief discussion regarding the drainage problem in the area and how lowering the road will improve the problem. Mayor Pro tem Lhotka recognized Walter Wenholz, 501 69th Avenue North, who stated that he was not directly affected by the project but had a couple of questions regarding the improvement. He stated that currently the north exit from Columbus Village apartments is blocked and asked if it would be blocked permanently. The Director of Public Works reviewed the transparency showing that area, and stated that the north exit of Columbus Village would not be permanently blocked. Mr. Wenholz asked what will happen to the property at the end of 69th Avenue North. The Director of Public Works stated that the area would become a hammerhead turnaround. Mr. Wenholz asked what the projected completion date was for the improvement project. The Director of Public Works stated that it should be complete by the fall of 1986. He added that T.H. 252 must be completed in that area by October 23, 1986. Mayor Pro tem Lhotka recognized Mr. Ronald Denny, 6845 Bryant Avenue North, who stated he is generally in favor of the project because there will be less 0 8 -11 -86 -10- traffic in the area. He noted that he had some concerns regarding maintenance' of the property and the sidewalk. He also asked if he had understood correctly that corner lots have the choice for which street would be assessed. The City Manager stated that corner lot property owners would have the option to decide which street they paid an improvement assessment on. The Director of Public Works stated that ,after the project the area would be regraded and new sod would be put in. He noted that ownership would be by the City for the right -of -way and it would be the responsibility of the City to maintain this area and the sidewalk. However, he added, that staff would be happy to work with the property owner if they would prefer to maintain the area with trees, shrubs, gardens, etc. He added that this land would have no effect on the side yard setbacks. Councilmember Lhotka asked what could be done if pedestrian traffic cut across this area. The Director of Public Works stated that it would be the City's responsibility to provide some sort of obstacle. He stated that the owner could put up a fence but only along his property line not along the right- . of -way area. There was a brief discussion regarding the change in the crosswalk area and it was noted that Mr. Berg from Evergreen Park elementary school had suggested the new crosswalk area Mayor Pro tem Lhotka recognized Mr. Paul Rosso, who stated he was present this evening representing Melba Evenson, owner of 800 69th Avenue North. He noted that he had submitted a six page letter to the Director of Public Works and stated that he would like a written letter addressing his questions. He then . went on to discuss a storm sewer which had apparently been cut a couple of years ago by the Water Department and Minnegasco. The Director of Public Works stated that the existing storm sewer had been damaged at one time, but it was checked in 1982 and found to be repaired and functioning well. The City Manager asked how old the storm sewer was. The Director of Public Works stated that it is approximately forty years old. Mayor Pro tern Lhotka asked if there was anyone else present in the audience who wished to address the Council, there being none, 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 regarding proposed street improvements on 69th and 70th Avenues North between Dupont Avenue and T.H. 252, Project No. 1986 -10. The motion passed, RESOLUTION NO. 86 -128 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1986 -10 The for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Pro tem Lhotka left the table at 10:55 p.m. 8 -11 -86 -11- Councilmember Scott asked the Director of Public Works to give a brief explanation of the reason for construction. Mayor Pro tem Lhotka returned to the table at 10 :57 p.m. The Director of Public Works gave a brief explanation of the reasons for the construction of the new roadway and stated that he felt the 70th Avenue entrance onto T.H. 252 had distinct advantages. RESOLUTION NO. 86 -129 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR STREET IMPROVEMENTS TO 69TH /70TH AVENUE NORTH BETWEEN DUPONT AVENUE AND T.H. 252 (PROJECT NO. 1986 -10, CONTRACT 1986 -M) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 11:02 p.m. City Clerk Mayor 8 -11 -86 -12- i Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED CON - UNDER CONTRACT 1986 J (1986 SEALCOATING PROGRAM PROJECT NO 1986 -12) WHEREAS, pursuant to written Contract 1986 -J signed with the City of Brooklyn Center, Minnesota, Allied Blacktop Company has satisfactorily completed` the following improvement in accordance with said contract: SEALCOATING IMPROVEMENT PROJECT NO. 1986 -12, CONTRACT 1986 -J NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brookl yn Center, Minnesota, that 1. The work completed under said contract is accepted and approved P ro d according to the following schedule: As Approved Final Amount Original Contract $100,271.03 $100,271.03 2. The value of work performed is equal to the original contract amount. 3. It is hereby directed it ted y that final payment be .made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $100,271.03. 271. -03 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 g against the same: whereupon said resolution was .declared duly passed and adopted. 7 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING AGREEMENT FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM TO SERVE THE EARLE BROWN COMMONS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to enter into an agreement with for the installation of water distribution system to serve the Earle Brown Commons 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. Petition for Public Improvement Earle Brown Commons Partnership (Petitioner) hereby petitions the City of Brooklyn Center (City) for the construction of the Watermain Improvement shown in Exhibit A hereto upon the property legally described in Exhibit B hereto. Petitioner acknowledges and agrees that the cost of the Public Improvements will be the cost specified in Exhibit C hereto and that such cost will be specially P y against the Property as provided. in Exhibit C. Petitioner, for itself, its successors, and assigns, further: a) Waives motion and hearing on the levy of such special assessments; b) Waives its right to appeal the special assessments levied against the Property pursuant to this petition c) Agrees that the special assessments in the amount provided in Exhibit C do not exceed the special benefit to the Property and that the fair market value of the Property will be increased in an amount exceeding such special assessments as a direct result of construction of the Public Improvements. Dated: EARLE BROWN COMMON PARTNERSHIP By Irs EXHIBIT B Tract A, Registered Land Survey No. 1380, files of the Registrar of Titles, Hennepin County, Minnesota. All of the Southeasterly half of vacated Earle Brown Drive, as platted in Twin Cities Interchange Park, according to the recorded plat thereof, adjoining said Tract A. And Tract I, Registered Land Survey No. 1594, files of the Registrar of Titles, Hennepin County, Minnesota. r7 -y Pq a M/ INV ifs a avcotn :tea N• � T `4 .1 '"' ' A S / �. 5543® foul aib'91 -I�il r . ` �\�` •...ra . `. wltTROpp IaaRRrMO L ` i•• B � - LNOIREEMMO COMI�M, yR BU ih NOTES Building jq! � A � •��-� ♦ r I I W � \ t 41 LEGEND i µ \ N OF ' ; Propoo*d _4 —.-4— sold" !t \ M1 (I 8 « to be Solve sopm Brown N\O , � SECTION OF POND ft ddyn . 9 aT SIOEwelk SIDEWALK // 4 SLOPE FROM SIDEWALK TO Q offmMoskM 585-20 TO LOPE F D Q'ii w1014wrce LEVEL' - ®s @e 7/3/88 / NORMAL WAIT 20' rjVH r4/JS i8 pnRM V Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1986 -20 (UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS) AND APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY FOR PROFESSIONAL SERVICES RELATING THERETO WHEREAS, it is ro osed to improve Tract p p p I, Registered Land Survey No. 1594 and Tract A, Registered Land Survey No. 1380, the area known as Earle Brown Commons, and to assess the benefitted property for all or a portion of the 'cost of the improvement pursuant to Minnesota Statutes Chapter 429; and WHEREAS, the City has received a proposal from Westwood Planning and Engineering Company for professional services relating thereto: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal of Westwood Planning and Engineering Company for $2,500 is hereby accepted. 2. The proposed improvement is referred to Westwood Planning and Engineering Company for study and they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible as to whether it should be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. 3. The proposed improvement shall be designated as Project No. 1986 -20 5. The accounting for this project shall be done in the H.R.A. Agency Fund. Date Ma 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. CITY 6301 SHINGLE CREEK PARKWAY OF : BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R EMERGENCY- POLICE' -FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: August 22, 1986 RE: Earle Brown Commons Utility System Project No. 1986 -20 Attached is a resolution establishing Improvement Project No. 1986 -20, the utility system improvements required to serve the Earle Brown Commons. I also attached the proposal from Westwood Planning and Engineering Company to provide the professional services relating to that project. I have requested that Westwood Planning and Engineering Company provide technical service for this project since it must be completed this fall while our personnel would be committed to construction already under contract. The action requested is to adopt the attached resolution titled "RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1986 -20 (UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS) AND APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY FOR PROFESSIONAL SERVICES RELATING THERETO. Re ubmitted, App;;app ved for submittal, ier Sy C1 E gi eer Director of Public Works HRS : j n • Sa.Ketls�.cq. �t are (� „ S� WESTWOOD PLANNING &ENGINEERING. COMPANY August 20, 1986 Mr. Bo Spurrier City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Spurrier: Pursuant to your request I have prepared the following cost proposal relating to the Earle Brown Commons Utility Design Project No. 1986 -20. In order to clarify the items contained in the cost estimates, the following discussion and the attached plan sheet is included. In summary, estwood Planning &`En Engineering Y� 9 9 9 Company will complete the work items for a cost "not to exceed" $2,500.00. Item #1 : Prepare final design plans, specifications and cost estimates for the relocated sanitary sewer generally as shown on the attached plan. It is assumed that the sanitary sewer can be eliminated as shown on the plan. No further engineering activity is included in the estimate on this issue. Estimated Cost $ 900.00 Item #2 : Prepare final design plans, specifications and cost estimates for the watermain from Earle Brown Drive to Summitt Drive as shown generally on the attached plan. It is understood there will be no disruption of the Common access drive by the watermain construction and that there is a connection point to a watermain on_Summitt Drive that-will eliminate the need to open cut the roadway surface or remove any curb. A feasibility report to the City Council will be prepared for Chafer 429 purposes - P oses P P similar to the Pond .Design report on the Earle Brown Farm project. Estimated Cost $1,250.00 Item #3 :' Prepare written criteria for the construction of a building_ parking ramp over a storm sewer. The attached plan demonstrates generally the alignment the relocated storm sewer will follow. It is assumed the criteria will relate to specific design parameters for the construction of a structure over 'a storm sewer p Estimated Cost $ 350.00 7115 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 56426 (612) 518-0155 Mr. :Bo Spurrier August 20, 1986 Page 2 Mr. Spurrier, if I have misunderstood any of these work tasks please discuss the item with me. The costs include meetings with the Biesner people and City officials. Otherwise we can start work upon your authorization. Sincerely, WESTWOOD PLANNING & ENGINEERING COMPANY 6 Z - Richard L. op P.E: Vice Pres' RLK :BML Enclosures RECOMMENDED FOR APPROVAL: �. DIRECTOR/OF PU 'IC WORKS APPROVED: CITY MANAGER PATE: AUGUST 25, 19 8E J , Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE BUILDINGS (PROJECT NO. 1985 -23, PHASE II. CONTRACT 1986 -K) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1985 -23, Phase II, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 21st day of August, 1986. Said bids were as follows: Add Deduct Deduct Bidder Base Bid Alt G -1 Alt M -1 Alt E -1 Parkos Construction Company; $ 283,715.00 $ 26,966.00 $ 1,700.00 $ 300.00 Great River Construction 286,000.00 27,357.00 1,500.00 225.00 Antco Construction Company 315,748.00 25,090.00 2,500.00 250.00 Volkman Construction 316,955.00 25,250.00 1,900.00 250.00 William Kranz Construction 319,230.00 27,436.00 2,090.00 225.00 E.D.S. Construction Company 323,500.00 37,000.00 1,400.00 No Bid Shaw Lundquist 328,800.00 28,500.00 1,700.00 225.00 HMH Enterprises, Inc. 352 400.00 27,538.00 2,700.00 220.00 WHEREAS, it appears the Parkos Construction Company of West St. Paul, Minnesota, is the lowest responsible bidder; and WHEREAS, it is the opinion of the City Council that the interests of the City of Brooklyn Center will be best served by accepting the "Add Alternate G -1 ", while rejecting both "Deduct Alternate M -1" and "Deduct Alternate E -1 ": NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $310,681.00 (i.e. Based Bid of $283,715 plus Add Alternate G -1 bid of $26,966) with Parkos Construction Company of West St. Paul, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1985 -23, Phase II according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The costs for this project shall be charged to the Capital Projects Fund, Project No. 48. RESOLUTION N0. 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. CITY 6301 SHINGLE CREEK PARKWAY :BROOKLYN OF BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C j ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager - FROM: S Kn Director of Sy PPS Public Works s DATE: August 22, 1986 RE: Bids for Centerbrook Golf Course Buildings On August 21, 1986 bids were received and opened for the construction of the clubhouse at the Centerbrook Golf Course and for construction of the buildings and structures at the Little League facility. As shown on the attached resolution, 8 bids were submitted with the lowest base bid being in the amount of $283,715. This compares to the architect's estimate of $340,000. The budget as established for the golf course project in January, 1986 (at the time when the City Council awarded the contract for construction of the Golf Course) includes $299,000 for construction of the golf course buildings. That budget also includes a $100,000 contingency ... for the entire golf course improvement project. To date, the cost increases which we have experienced on the golf course since award of the contract, have been offset by cost decreases on other items. Accordingly, the $100,000 contingency remains substantially unencumbered. You will note that the bids provide for "Add Alternate C-1 ". This alternate provides for the installation of a metal roof on all buildings included in the project in lieu of the asphalt shingles which are included in the base bid. Acceptance of this alternate would place the cost of the contract approximately $12,000 above the amount budgeted for the buildings. However, it is our opinion that this differential cost can be justified in terms of long term cost savings. Accordingly, we recommend that this alternate be accepted. Alternates M -1 and E -1 together allow the deletion of the air conditioning unit from the clubhouse building. Howeve r, it is staff's recommendation that these alternates a es not.. be accepted. Neither the project architect nor our office has had any experience with any of the 3 lowest bidders. Accordingly, we are conducting an investigation into their performance. We anticipate that this investigation can be completed by Monday, August 25th so that the results of that investigation can be reported to the City Council at the Council meeting. We hope to be in position to recommend award of the contract to the lowest responsible bidder at that time. A resolution for that purpose is attached. If necessary, the resolution will be amended to reflect the results of our investigation. „ ale Soacetici.cg �Zaae �� " August 11, 1111 Page 2 The specified dates for completion for respective portions of work are as follows: Little League Concession Building - May 1, 1987 Little League Dugouts and P.A. Booths August 1, 1987. Clubhouse September 30, 1987. Respectfully submitted, Sy Znapp Director of Public Works Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING AGREEMENT WITH AEC ENGINEERS AND DESIGNERS FOR TESTING AND INSPECTION OF FOUR SEWAGE PUMPING STATIONS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the proposal submitted by AEC Engineers and Designers for testing and inspection of four sewage pumping stations at a cost not to exceed $2,800 is hereby accepted and approved. The City Manager is hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. BE IT FURTHER RESOLVED that a cost for said professional services shall be charged to the Public Utilities Fund. 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. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN L N TE EPHO E 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 22, 1986 RE: Proposed Agreement With AEC Engineers and Designers for Testing and Inspection of Four Sewage Pumping Stations Four of the City's sewage pumping stations are constructed with the use of steel outer shells. Each of these stations has been in place for more than 20 years, and to our knowledge, none of these stations was equipped with any cathodic protection system. Because of recent evidence of corrosion problems in a number of the City's public utility facilities, I am recommending a 2 step approach to providing cathodic protection for the sewage lift stations, i.e.: Step 1 Conduct an inspection of each of the lift stations, using ultrasonic measurement devices, to determine the extent of corrosion in the walls of the 4 lift stations. Step 2 Following measurement and evaluation of the current condition of these lift stations.. „.develop a plan for repairs as necessary, the addition of cathodic protection to these stations and/or or replacement of those stations (if any) which are found to be in severely deteriorated condition. We have obtained a proposal from AEC Engineers and Designers to conduct the inspection of the 4 lift stations as described in Step `l. The cost of this inspection is $2,800. We have used AEC for conducting this type of inspection on several jobs within the past 2 years and have found their work to be highly reliable and P rofessional Accordingly, we recommend that the City Council approve the agreement with AEC. A resolution for that purpose is attached for consideration by the City Council. Res /;Pep--- fully submitted, Sy S .:Director of Public Works SK: jn 511 Eleventh Avenue South AEC ENGINEERS & DESIGNERS Minneapolis, Minnesota 55415 612/332 -8905 August 1, 1986 Mr. Bo Spurrier, City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Subject: Proposal to Measure the Extent of Corrosion in the Walls of Four Sewage Pumping Stations. Dear Mr. Spurrier: We are pleased to submit this proposal to measure the extent of corrosion in the walls of the four lift stations. The work will include the following: a. Measurement of the wall thickness using an ultrasonic thickness gauge. This gauge allows us to measure the thickness from the inside of the tubes without any excavation on the outside. b. Prepare a report documenting our findings. C. If necessary, make repair recommendations. We will provide these services on a time and material basis in conformance with the enclosed Fee Schedule. We estimate that the total cost will not exceed $2800. If you find this proposal acceptable, please sign the enclosed copy of this letter in the space provided below and return. Sincerely, AEC - ENGINEERS & DESIGNERS Accepted this day of /J oh'n , 19 R. Buzek, P.E. City of Brooklyn Center President 7335M -M By. icer Enclosures 511 Eleventh Avenue South AEC— ENGINEERS & DESIGNERS Minneapolis, Minnesota 55415 6121332 -6905 FEE SCHEDULE Engineering $60.00 /hour Estimating 45.00 /hour Technician 35.00 /hour Inspector 35.00 /hour Drafting 25.00 /hour Clerical 20.00 /hour The above rates are based on standard working hours. Reimbursable Expenses The following expenses are reimbursable to AEC: 1. Expenses of transportation and living when traveling in connection with a project. Personal or company automobile = 30¢ /mile 2. Travel time -- billed at labor rates above, with a maximum of eight hours per day 3. Long- distance calls, telegrams /telegraph.s, express mail 4. Computer charges 5. Duplicating costs /office supplies 6. Outside consulting services 7. Project- related expenses such as equipment rental Billing Invoices are issued on a monthly basis. Payment terms are net 30 days. Invoices not paid within 30 days will carry a charge of 1.5 percent per month on the unpaid balance. Effective date: February 1, 1985 3621) -M Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AUTHORIZING THE AMENDMENT OF A UTILITY SERVICE AGREEMENT WITH THE CITY OF ROBBINSDALE DATED SEPTEMBER 25, 1972 WHEREAS, the City of Brooklyn Center entered into an agreement with the City of Robbinsdale on the 25th of September, 1972, specifying a specific area to be served by sanitary sewer and water main; and WHEREAS, the City of Robbinsdale has requested that a part of the service area be modified: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the Mayor and City Manager are authorized to execute an amendment to the utility service agreement dated September 25, 1972 which expands the sanitary sewer and water service area. 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. y P P CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 914 T0: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: July 23, 1986 RE: Utility Service Agreement with the City of Robbinsdale September 25, 1972 The City of Brooklyn Center and the City of Robbinsdale entered into an agreement on the 25th of September, 1972. This agreement provided water and sanitary sewer service to property within the City of Robbinsdale. The City of Robbinsdale has requested that the service area established by the 1912 agreement be amended. - We have reviewed the amended service area and concluded that it does not adversely affect our utility system. We recommend that the service area be amended by adopting the attached resolution which authorized the proper City officials to execute the amendment. R e ful y submitted, Approv for submittal, f S carrier Sy'K p it ng eer Director of Public Works HRS: jn AMEND MEM � �7he �kaw� �o�re (� •• AMENDMENT 1 UTILITY SERVICE AGREEMENT SEPTEMBER 25, 1972 THIS AMENDMENT, made and entered into this day of , 1986, by and between the City of Brooklyn Center and the City of Robbinsdale, WITNESSETH: WHEREAS, the City of Brooklyn Center and the City of Robbinsdale entered into an agreement the 25th day of September, 1972 in order to serve certain parts of Robbinsdale with City of Brooklyn Center utilities; and WHEREAS, the City of Robbinsdale has requested an amendment to the boundary line west of the centerline of France Avenue North where said service would be furnished; and WHEREAS, the City of Brooklyn Center has indicated they would allow an amendment to this boundary; and WHEREAS, the charges and costs for sanitary sewer and water connections specified are based on and limited to providing service to the following amended described Robbinsdale property: That property lying southerly of the boundary line between the boundary line between the cities of Brooklyn Center and Robbinsdale westerly of the centerline of France Avenue North and easterly and northerly of the following described line: Beginning at a point on the boundary line between the cities of Brooklyn Center and Robbinsdale which point lies 221.73 feet west of the centerline of France Avenue North; thence south 42 degrees 03 minutes 03 seconds west a distance of 55.79 feet; thence south 11 degrees 52 minutes 17 seconds west a distance of 60.00 feet; thence south 06 degrees 39 minutes 44 seconds east a distance of 36.19 feet; thence south 29 degrees 36 minutes 05 seconds east a distance of 46.05 feet; thence south 47 degrees 00 minutes 00 seconds east a distance of 40.00 feet; thence east a distance of 35.00 feet; thence south 00 degrees 04 minutes west a distance of 40.50 feet; thence east a distance of 73.00 feet; thence north 00 dgrees 04 minutes east a distance of 40.50 feet; thence east a distance of 140.00 feet to the centerline of France Avenue North and there terminating. NOW, THEREFORE, in of the mutual covenants and agreements herein contained and contained in the original agreement dated the 25th day of September, 1972; IT IS HEREBY AGREED as follows: 1. The City of Robbinsdale shall pay to the City of Brooklyn Center $807.86 for its share of the capital costs of the Brooklyn Center Utilities. A breakdown of the costs is as follows: A. Sanitary Sewer 1. Sanitary Sewer Lateral - $0.00 (to be constructed by Robbinsdale) 2. Sanitary Interceptor Sewer Charge $309.01 6,091 Square Feet at $5.073 per 100 Square Feet Total Sanitary Sewer Charges ... $309.01 The cost and construction of sanitary sewer lateral and service lines south from the existing Brooklyn Center manhole in France Avenue approximately 40 feet north of the boundary line shall be Robbinsdale's responsibility. B. Water Main 6,091 Square Feet at $8.19 per 100 Square Feet = $498.85 Actual rate without lateral or service. The cost of construction of lateral and services to be Robbinsdale's responsibility. IN WITNESS WHEREOF the parties have hereunto authorized and entered into this amendment upon the authority of the City Council of the City of Brooklyn Center and the City Council of the City of Robbinsdale CITY OF BROOKLYN CENTER BY Mayor BY City Manager CITY OF ROBBINSDALE BY Mayor BY City Manager City of Brook ly Center / - — � (At"t n a / Bloc i C • z � I AREA SERVED BY 3 ORIGINAL AGREEMENT_ - 4U 61 tip qullsr to drain ou /' ;: i iii` ji } 1 I .Eliminol Remove 63` of e.islmy 4 r . h ! ti y r ' ; {�� crown o and eaislinq a ive apn 663.6 , ; , . - - concrele cross qulle, ✓ . • � f� Provide for 16' drivewot PAvh I to be defermhsd in lit .. 6a.ee 6 C LL I _) f Lo 4 1/2 'Avenue ADDITIONAL AREA SERVED BY AMENDMENT N0. AG - REEMAN y THIS AGREEMENT, made and entered into this 25th day of Septe 1972, by and between'the'City of Brooklyn Center and the City of Robbinsdale, WITNESSETH .• WHEREAS, the boundary between the City of Robbinsdale and thn City of Brooklyn center intersects France Avenue North approximately 235 feet south of 47th Avenue North, and WHEREAS, the City of Brooklyn center has inplace a water main and a sanitary sewer in France Avenue North, and WHEREAS, the City of Brooklyn Center has indicated that they would allow water, and sanitary connections to be made to the above said utility lines, and WHEREAS, the charges and costs for sanitary sewer and water connections specified are based on and limited to providing service - to the following described Robbinsdale property: "That property lying 200 feet southerly of the boundary line between the Cities of Brooklyn Center and Robbinsdale bounded on.the west by a line 183 feet westerly of a<id ^ parallel with the centerline of France Avenue North and bounded on the east by a diagonal line connected between a point on the easterly right -of -way line of France Avenue North lying 200 feet south of the said boundary line and a point on the said boundary line lying 1S3 feet eadcerly of the France Avenue centerline." NOW. THEREFORE, in consideration of theimutual covenants and agreements herein contained. IT IS HEREBY AGREED as follrews! 1. The City of Robbinsdalet shall co:r&.ract and •cennect . sanitary sewer and water main limas to the CdtY of Brooklyn Center system on France Avenue North near the boundary line. 4L ca +rr u.,." . r, •:a+verc ,.: s0 'a 2. Within the limits established in this agreement, residents of the City of Robbinsdale shall be allowed to connect to and become a part of the sewer and water system of the City of Brooklyn Center, and shall be subject to the same charges and regulations as a resident of the City of Brooklyn Center.. 3. The City of Robbinsdale shall pay to the'City of Brooklyn Center i $1,963.94 for'its share of the capital costs otE the Brooklyn Center utilities. .A breakdown of the costs is as follows: A. Sanitary Sewer 1. Sanitary lateral $ ' (to be constructed by Robbinsdale) 2. Sanitary interceptor sewer assessment $ 905:.19* (I.e., 43,750 sq. ft. 0 $2.069 per 100 sq. ft.) Total Sanitary Sewer assessment $ 905.1 *The cost and construction of the sanitary sewer lateral and of service lines north from the existing Brooklyn Center manhole in France Avenue, approximately 40 feet north of the boundary line, shall be Robbinsdale's responsibiliAty. B. Water Main 43,750 square feet Q $2.42 per 100 square feet $1,058.75 *Actual assessment rate without lateral or services. The cost and construction of lateral and services to be the responsibility of the City of Robbinsdale, x 4. Residents of the City of Robbinsdale utilitUiZing the Xi.ty , of Brooklyn Center sanitary sewer system will be chartesd the same :sewer use rate as charged to residents of the- City of BrorlxlyYn Center, :said rate presently being $8.75 per quarter., and shall br )belled dirr_ctly by the City of Brooklyn Center. Payment of the sanitary sewer use charge to the City of Brooklyn Center by residents of the City of Robbinsdale shall be guaranteed by the City of Robbinsdale subject to cooperation and providing of information by City of Brooklyn Center to the City of Robbinsdale which will allow the City of Robbinsdale - to specially assess any unpaid sanitary sewer use charges. " S. Residents of the City of Robbinsdale utilizing the Brooklyn Center water system will be charged the same rate as'charg{ed to residents of Brooklyn- Center, said rate presently being $0.35 per thousand gallons, and shall be billed directly by the City of Brooklyn Center. Payment of the water charge to the City of Brooklyn Center by residents of Robbinsdale shall be guaranteed by the City of Robbinsdale subject to cooperation and providing of information by the City of Brooklyn Center to the City of Robbinsdale which will allow the City of Robbinsdale to specially assess any unpaid water use charges. 6. Residents of the City of Robbinsdale shall be required C:o obtain connection permits from the City of Brooklyn Center for all sewer and water connections prior to making any connection to the City of Brooklyn Center sewer or water system. 7. The City of Brooklyn Center shall not be responsible to any person, firm or corporation for damages claimed as a restult of backing of sewers in any basement in the City of Robbinsdale. , S. Any Brcoklyn Center street surfacing damaged chrcing utility connections shall be restored to its original condition .by the City of • Robbinsdale. 9. Service _lines and new laterals required to .comiect to Brooklyn Center utilities shall be the responsibility of-& -ae. City ar!. Robbinsdale. ' • , art' ,� �« , 10. Water and sanitary sewer construction by the City of Robbinsdale shall meet the City of Brooklyn Center's Standard Specif- ications for water Main and Sanitary Sewer, _and any special provision deemed necessary by the City Engineer of the City of Brooklyn Center. 11. The City of Brooklyn Center agrees to cooperate and make available any and all records, plans, specifications and other materials which may be necessary to allow the City of Robbinsdale to specially assess any and all costs which the.'City of Robbinsdale may be.requixed to pay to the City of Brooklyn Center as a result of these improvements. IN WITNESS WHEREOF, the parties have hereunto authorized and entered into this agreement upon authority of the City Council of the City of Brooklyn Center and the City Council of the City of Robbinsdale. CITY OF BROOKLYN CENTER B y or City Manager CITY OF ROBBINSDALE Mayor 'le I By )City Manger �9 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DESIGNATING BROOKLYN CENTER, MINNESOTA AND BROOKLYN, MICHIGAN AS SISTER CITIES WHEREAS, according to the "History of Hennepin County ", early settlers in Brooklyn Township, of which Brooklyn Center is a part, included A.J. Smith, A.A. Thayer, and George Savage, born in Lewanee County, Michigan; Oscar Kelly, of Adrian, Michigan; and Dr. A. D. Williams, who was a physician and minister and who had a church in Michigan prior to moving to Brooklyn Township; and WHEREAS, according to the book "Minnesota Geographical Names" by Warren Upham, Brooklyn Township was named after Brooklyn, Michigan; and WHEREAS, the City of Brooklyn Center commemorates its 75th anniversary in 1986; and WHEREAS, part of the 75th anniversary festivities includes "A Major Event of Great Historical Significance" on September 14 1986, at which time official representatives of Brooklyn, Michigan will be in attendance bringing good will and joining in the anniversary celebration, and WHEREAS, the City of Brooklyn Center would like to recognize its historical bond with Brooklyn, Michigan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that, due to their historic heritage, the City of Brooklyn Center, Minnesota and the Village of Brooklyn, Michigan are designated as Sister Cities. 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. 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 t [ hree (3)] four 4 yea T he � 1 Mayor two Y Y shall ..serve for a term of [ (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 o g ne ub . place lic p ce 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 N0. 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 laws 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 Z 1986 t T� a4, 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 :''Cghter and c tificate i connection therewith was delivered to ,me this day of 1986 by the Charter Commission of the rCity of Brooklyn to f i Cit Clerk City of Brooklyn Center t s August 21, 1986 FROM: Board of Directors Citizens for Better Government TO: Mayor and Councilmembers City of Brooklyn Center SUBJECT: Proposed Charter Change The Citizens For Better Government (CBG) has been closely following the Charter Commission's deliberations on the Council election year issue. This has been an agenda item for the Commission since early 1984 and we understand it will now be on the November 1986 election ballot. The CBG still fails to understand the need and justification for the proposed change. One only has to look at the quality of the community, the State and National recognition that our community has received to assure ourselves that the current process has served our community very well. However, since the Commission is determined to bring this matter before the voters this November, the issue may at last be aired in a public forum. This is something that has not really happened since the Council last had this item on your agenda on January 28, 1985. The Council at that meeting took action to send the matter back to the Charter Commission with instructions ---''to review the issues raised at this evenings public hearing and decide and recommend a course of action after further discussions on the pertinent issues have been conducted". (Excerpt from Council Minutes of the 1/28/85 meeting). The CBG is concerned with the approach selected by the Charter Commission in responding to the City Council referral request, which was to appoint a Sub- committee which surveyed the preferences of elected officials in other communities, rather than to request input from citizens, civic and political organizations in our own community. There is also a question of whether proper public notice was given of the sub- committee meetings. The CBG feels strongly that the Charter Commission has not yet given the public an opportunity to express itself prior to bringing this matter up for official action, therefore apparently has taken onto itself to judge whether this proposal is truly within the public interest. This process is in stark contrast to the careful and considerate work that the original Charter Commission performed in the mid 1960's that led to establishing the present method of electing the City Council. 1 ' f , We enclose for your convenience and review the following documents: -CBG's record of actions todate on this issue (ie. Chronology) CBG position paper on this issue that was presented at the City Council public hearing on 1/28/85 Your time and ear on this most critical issue has been appreciated. Respectful Tony Kuefle Execut've ecretary Citizens f Better Go nt Encl cc Jerry Splinter, City Manager Mary Jane Gustafson, Editor Brooklyn Center Post 2 BROOKLYN CENTER CHARTER COrD1ISSION- CHROINOLOGY -- 1984 -85 1 - 984 --------------------- - - - - -- - ---------------------------------- - - - - -- 4/25/84 Charter Commission Reports on the opinions of the City Council Members and City Manager regarding the proposed change to even numbered years municipal elections. Minutes indicate they all were in favor of that change and 4 year terms for the Council Members. ( City Manager did not comment on length of term. 23/84 Charter 8ommission votes to recommend that the City Charter be changed to have the Cbuncilmember terms extended from 3 to 4 Years and leave the Mayor at 2 years. Action did not reflect even numbered year elections, but the discussion in * the minutes talked about it. Fall -84 City Manager's newsletter talks about the proposed charter change that would have the elections ft the municipal level every two years in even numbered years and extending the Councilmembers terms from 3 -4 years. 11/19/84 City Council receives the Charter Commission Amendment and has a first reading and schedules the amendment for public hearing on January 28, 1985. 12/6 & Amendment is published in the Brooklyn Center Post. 12/13 000000000000 1995 1/28/85 City CouncilAolds public hearing and after presentations 'by both the Charter Commission and the Ad Hoc Committee of the Citizens for Better Government the Council votedl 1) C � to approve the charter change - that failed 2/3; 2) To refer ,J the matter back to the charter commission and ask them to review the issues raised at the public hearing and recommend a further course of action. Passed 4/1. 3/27/85 Charter Commission meets and reviewed the actions of the City Council Dave Skeels and Phil Cohen represented CBG and were invited to participate in the discussion. An elections sub committee was appointed and the Charter Commission's next meeting was set for October 23 1985 4/25/ Electrons Sub Committee holds meeting. No public notice was apparently given and no member of CBG was apparently notified. They voted to conduct a survey of other cities.. 9/25/85 Elections-'Sub Committee holds another meeting and reviews it survey and makes its recommendations to the Charter Comm. No public notice was apparently given and no member of CBG was apparently notified. 10/23/85 Charter Commission votes to accept the Election Sub Committee's recommendation, ie: 4 year terms for the Mayor and Council and elections to be held in even numbered years. Kuefler & Cohen attemded the meeting. Cohen asked to speak, but was ruled out of order by the Chair since he did not register with the Chairman that he wanted to speak. Charter Commission also votes to send the issue directly to the voters in N of 1986. There was not any "M +i^ 4„ * U- n__.a. -- -„ -- I..... — ^4.4 -- ..*nom nnc- - +gmA in City Hall. BROOKLYN CENTER CHARTER COMMISSION ` CHRNIOLOGY- PAGE 2 11/4/85 Phil Cohen sends to Donn Escher, Chairman of the Commission asking for minutes of the charter commission meeting of 10/23/85 & election sub committee minutes of 4/25 & 9/23/85. Also asking hoV public notice was given of these meetings. Also, copy of letter was sent to the City Manager. 11/18/85 Escher responds with copies of the minutes and noting that the City Manager would respond relative to the public notice question. 0000000000000000 1986 1 /7/86 Letter received from the City Manager I& stating how they post notice of meetings and if they are notified they are posted in City Hall and listed on Channel 7 TV. He also commented that they do not keep record of meetings posted. 1/22/86 Charter Commission ' holds its annual meeting to elect officers and asks elections sub committee to recommend a plan of action to publicize the Charter Amendment vote in November. ToTuefler attended the meeting. 2/18/86 Election Sub Committee meets to lay out its strategy and time table, as follows: 4/23 Charter Commission meeting to review the recommendations of a sub Commi tee which apparently will be th s t ,, i May or June- IHitial news release. ' Meet in early August with full plan of action in the fall. . Distribute information and ask to speak to various organizations. Approve a Spring to November plan of action. 00000000000000000 Note: Also to be included in the 1984 record is a letter from Tony Kuefler to Mayor N uist asking ski for public heari be held � Y9. � P b the Charter hatter Commission, City Council, CBG, etc. CITIZENS FOR BETTER GOVERNMENT (CBG) POSITION PAPER ON CHARTER CHANGE PROPOSAL REGARDING CITY ELECTIONS AS PRESENTED TO THE BROOKLYN CENTER CITY COUNCIL 1/20/85 THIS PAPER HAS BEEN PREPARED BY A CBG TASK FORCE WHICH CONSISTS OF: -CBG PRESIDENT DAVE SKEELS - FORMER MAYOR PHIL COHEN - FORMER COUNCILMAN TONY KUEFLER THE PAPER ADDRESSES THE FOLLOWING ISSUES: IMPORTANCE OF OUR LOCAL GOVERNMENT STRUCTURE PUBLIC DEBATE AND DISCUSSION ON THIS PROPOSED CHARTER CHANGE -TERMS OF OFFICE - FOR MAYOR AND COUNCIL - MERITS OF ODD YEAR VS EVEN YEAR ELECTIONS -COST OF ELECTIONS VS THE PUBLICS VOTING FRANCHISE -THE GOVERNANCE ISSUE PROVISIONS FOR ENACTING CHARTER CHANGE - SUMMARY OF OUR FINDINGS , - RECOMMENDATION 1 x IMPORTANCE OF OUR LOCAL GOVERNMENT STRUCTURE THE STRUCTURE OF LOCAL GOVERNMENT HAS BEEN A LONG TIME CONCERN OF THE CITIZENS OF BROOKLYN CENTER. SINCE 1961, WHEN THE FIRST REFERENDUM ON THE FORM OF GOVERNMENT WAS HELD IN BROOKLYN CENTER AND TO THIS DATE, THIS HAS BEEN A MOST SENSITIVE ISSUE. IN 1961, A PROPOSAL FOR THE `PLAN B COUNCIL /MANAGER' FORM OF GOVERNMENT WAS SOUNDLY DEFEATED BY THE RESIDENTS. THIS WAS MAINLY DUE TO THE CITIZENS CONCERN FOR BEING SURE THAT THEIR FRANCHISE AS A VOTER WAS PROTECTED. AS A RESULT OF THAT REFERENDUM, THE BROOKLYN CENTER CITY COUNCIL APPOINTED A `GOVERNMENT STUDY COMMITTEE' IN 1962. IN THE FALL OF 1963, THIS COMMITTEE MADE ITS REPORT, WHICH RECOMMENDED (BY A MAJORITY VOTE) THAT THE CITY PROCEED WITH ESTABLISHING A CHARTER COMMISSION BY CALLING FOR THE DISTRICT JUDGE TO TAKE THE ACTION PRESCRIBED BY STATUTE. THE CHARTER COMMISSION HELD ITS FIRST MEETING ON APRIL 29, 1964_ AT THE SEPTEMBER 14, 1966 MEETING THE CHARTER WAS APPROVED FOR PUBLIC HEARING AND PUBLICATION_ THREE PUBLIC HEARINGS WERE HELD IN THE MONTH OF SEPTEMBER AND AT THE ELECTION IN NOVEMBER, THE CHARTER PASSED BY A 78% MAJORITY VOTE (4,248 TO 1,235). DURING THE STUDY, THE ISSUE OF DATES OF ELECTION AND TERMS OF OFFICE WERE STRONGLY DEBATED. DURING THE PUBLIC HEARINGS THE ISSUE WAS RAISED ABOUT THE TERMS OF OFFICE FOR THE MAYOR AND COUNCIL AND THE MATTER WAS RESOLVED TO KELP THE TERMS AS THEY HAD BEEN PREVIOUSLY. AND, THOSE ARE THE TERMS OF OFFICE THAT THE VOTERS OF BROOKLYN CENTER VOTED FOR IN THE CITY CHARTER ELECTION OF 1966 AND WHAT WE HAVE HAD TO DATE. THEY SEEM TO HAVE SERVO! HAD GOOD, OPEN, HONEST AND BROOKLYN CENTER WELL, AS WE HAVE CONSISTENTLY - ASSAG E OF THE CITY CHARTER. "N PARTISAN GOVERNMENT EVER SINCE THE P NU E ENT V E PUBLIC DEBATE AND DISCUSSION ON THIS PROPOSED CHARTER CHANGE PUBLIC DEBATE AND DISCUSSION OUGHT TO BE SOLICITED FROM ALL CONSTITUENCIES WHEN CHANGES TO THE CHARTER ARE BEING CONTEMPLATED. PERHAPS IF THE CBG WOULD HAVE BEEN MORE ATTENTIVE TO THE WORK OF THE - CHARTER COMMISSION, WE WOULD HAVE BEEN AT THEIR MEETINGS WHEN THE ISSUES CAME UP FOR DISCUSSION. FOR NOT HAVING DONE THIS, WE SINCERELY APOLOGIZE TO THE COMMISSION. HOWEVER, GIVEN THE IMPORTANCE OF THIS ISSUE TO THE CITIZENS, PERHAPS THE COMMISSION TOO COULD HAVE BEEN MORE AGGRESSIVE IN SOLICITING INPUT FROM US AND OTHERS. 2 TERMS OF OFFICE - FOR MAYOR AND COUNCIL THE CHARTER COMMISSION IN ITS FINDING DECIDED TO INCREASE THE CITY COUNCIL MEMBERS TERMS FROM 3 YEARS TO 4 YEARS, WHILE LEAVING THE MAYORS TERM AT ' YEARS. FRANKLY, WE FIND IT DIFFICULT TO UNDERSTAND THE LOGIC FOR THIS - WE FEEL THAT IF ANY TERM WERE TO BE LENGTHENED, IT OUGHT TO BE THE MAYORS NOT THE COUNCILS:'. WHY, BECAUSE THE MAYOR IS THE TITULAR HEAD OF THE CITY AND THE SPOKESPERSON AT ALL OFFICIAL MEETINGS WHERE THE CITY IS REPRESENTED_ HE IS LOOKED AT AS THE PERSON WHO GIVES POLICY DIRECTION ON ISSUES AT THEN; COUNTY, METRO, STATE AND FEDERAL LEVEL AS IT AFFECTS THE CITY OF BROOKLYN CENTER. THE MAYOR OF THIS CITY HAS MORE OF THAT TYPE Of _COMMITMENT THAN THE CITY COUNCIL MEMBERS AND RIGHTLY SO. AND, HE ALSO HAS , TO INTERFACE WITH MAYORS OF OTHER CITIES WHO MAY OR MAY NOT HAVE THE SAME LENGTH OF TERMS, WHETHER THEY BE FULL OR PART TIME MAYORS.. OUR NEIGHBORING COMMUNITIES OF BROOKLYN PARK AND CRYSTAL ARE EXAMPLES OF THIS AS THEY EACH HAVE 3 YEAR TERMS.FOR THEIR MAYOR AND MINNEAPOLIS RECENTLY VOTED A CHARTER CHANGE TO MAKE THEIR MAYORS TERM 4 YEARS. MERITS OF ODD YEAR VERSUS EVEN YEAR ELECTIONS IT APPEARS THE DRIVING FORCE, OF THE CURRENT CHARTER COMMISSION, IN SETTING THE TERM OF OFFICE FOR THE COUNCIL MEMBERS WAS THE DESIRE TO HAVE THE ELECTIONS ON EVEN YEARS ONLY. AND, THE DESIRE FOR EVEN YEAR ELECTIONS ONLY APPARENTLY HAS COME ABOUT FROM CONCERNS EXPRESSED BY SOME ELECTION JUDGEIS AT THE 1903 FALL ELECTION, WHERE THE VOTER TURNOUT FOR AN UNCONTESTED ELECTION WAS LOW. THE QUESTION OF JUSTIFICATION ON A COST PER VOTER BASIS WAS APPARENTLY SURFACED. ONE MIGHT QUESTION WHETHER COST WAS A CONCERN 114 OTHER ODD YEAR ELECTIONS WHEN THERE WAS COMPETITION AND THE VOTER TURNOUT WAS MUCH HIGHER, WHICH WOULD SEEM TO DEMONS7ATE THAT ITS NOT THE FACT THAI" IT IS AN OFF YEAR ELECTION, BUT RATHER A FACT OF AN UNCONTESTED ELECTIOI THAT CAUSES THE LOW VOTER TURNOUT. FURTHER, IF ALL ELECTIONS WERE HELD ON EVEN YEARS AND HIGHLY COMPETITIVE CAMPAIGNS FOR LOCAL OFFICE ENSUED, IT WOULD BE MUCH MORE DIFFICULT TO RAISE FUNDS IN COMPETITION WITH STATE AND FEDERAL OFFICE CANDIDATES WITHOUT PERHAPS A GOODLY AMOUNT OF FINANCIAL SUPPORT AND ENDORSEMENTS FROM THE RESPECTIVE POLITICAL PARTIES. BROOKLYN CENTER HAS BEEN ONE OF THE SHINING EXAMPLES OF HOW NON- PARTISAN GOVERNMENT HAS SERVED THE PEOPLE WELL FOR OVER 20 YEARS. WE FEEL THE PRESENT ELECTION FORMAT HAS GONE A LONG WAY TO PRESERVE THAT PROCESS. 3 COST _OF ELECTIONS - VERSUS - THE - PUBLIC S VOTING - FRANCHISE THE COST OF AN ELECTION SHOULD BE PUT IN THE PERSPECTIVE WITH WHAT AND WF+t) WE ARE VUTING FOR. THE CITY COUNCIL IS IN EFFECT' THE BOARD OF DIRECTORS, ELECTED BY THE STOCKHOLDER - THE VOTERS. THE CITY COUNCIL IS THE POLICY MAKER THAT OVERSEES AN ANNUAL BUDGET OF $7,500,000 ALONG WITH A PHYSICAL PLANT, UTILVES, ETC THAT IS WORTH WELL OVER $50,000,000 (COST BASIS). THE DESIRE TO BE PRUDENT IS COMMENDABLE, AND THIS CITY COUNCIL HAS All OUTSTANDING RECORD OF RUNNING THE CITY IN AN EXCELLENT FINANCIAL MANNER. HOWEVER, WHEN TALKING ABOUT THE MOST PRECIOUS THING WE HAVE "THE RIGHT TO VOTE" THE COST OF ELECTIONS HAVE TO BE PUT INTO THE PROPER PERSPECTIVE. TO CARRY THE COST SAVINGS EVEN FURTHER, ONE MAY WISH TO TALK ABOUT ELECTIONS EVERY 6 YEARS, OR LESS VOTING PRECINCTS, LESS JUDGES, ETC;. HOWEVER, THIS HAS NOT BEEN THE CASE IN BROOKLYN CENTER. WE HAVE STRIVED TO MAKE ELECTIONS AS ACCESSIBLE AS- POSSIBLE AND THE WRITERS OF THE BROOKLYN - CENTER CITY CHARTER (IN THE DOCUMENT THAT WAS VOTED IN BY 75% 10 YEARS AGO) WERE VERY CAREFUL ON THIS ISSUE. THE GOVERNANCE ISSUE WHAT IS THE GOVERNANCE ISSUE IN THIS CHARTER CHANGE? THE MAIN ISSUE IS THAT MORE PEOPLE VOTE IN THE EVEN YEAR ELECTIONS THAN THE IN ODD YEAR ELECTIONS. THIS WAS ALSO KNOWN AND UNDERSTOOD WHEN WRITING AND VOTING ON THE ORIGINAL CHARTER IN 1966, BUT WAS NOT FOUND TO BE A GOOD ENOUGH REASON TO ELIMINATE ODD YEAR ELECTIONS. IF ONE WAS TO TAKE A PURIST POINT OF VIEW, OF GETTING THE MAXIMUM NUMBER OF PEOPLE WHO ARE DEDICATED TO LOCAL GOVERNMENT ISSUES OUT TO VOTE, THEN THE ELECTIONS SHOULD BE HELD ONLY IN THE ODD NUMBERED YEARS. THIS ALSO WAS REJECTED BY THE CHARTER COMMISSION IN 1966. THE CHARTER COMMISSION WAS ALSO CONCERNED ABOUT HAVING CONTINUITY IN THE CIT Y COUNCIL, WHILE AT THE SAME TIME ALSO THE OPPORTUNITY EVERY IS �, ONCE IN A WHILE TO ALLOW FOR A MAJORITY SHIFT IN LOCAL PHILOSOPHY. THIS I. �� EVIDENCED AS ONCE EVERY 6 ELECTIONS, 2 COUNCIL MEMBERS PLUS THE MAYOR STAND FOR ELECTION AT THE SAME TIME. BUT THIS IS DONE ON THE OLD NUMBERED YEAR ONLY SO THAT THE TOTAL FOCUS IN THAT ELECTION CAN BE SOLELY ON LOCAL ISSUES. THEREFORE, THE GOVERNANCE QUESTION GOES BEGGING FOR AN ANSWER. IF THERE HAS NOT BEEN A PROBLEM IN THE GOVERNANCE BY THE LOCAL ELECTED OFFICIALS UNDER THE EXISTING CHARTER,_THEN THE JUSTIFICATION FOR A CHANGE IN THE TERMS OF OFFICE AND IN ELECTION YEARS WOULD APPEAR TO HAVE BEEN INADEQUATELY ADDRESSED. 4 a J* PROVISIONS FOR ENACTING CHARTER CHANGE IN RESEARCHING THE CHARTER, WHICH WE REALLY SEE AS A DOCUMENT WHICH IS INTENDED TO GIVE ALL CITIZENS A GUARANTEED VOICE IN GOVERNMENT, WE SEE IT AS A DOCUMENT WHICH `IF AND WHEN CHANGED' SUCH CHANGE *SHOULD BE THOROUGHLY STUDIED, RESEARCHED, CHALLENGED AND DEBATED IN EACH AND EVERY CASE. WE ALSO FIND, THAT ALTHOUGH THERE ARE SEVERAL AVENUES FROM WHICH A CHARTER CHANGE CAN BE INITIATED, THERE ARE REALLY ONLY 2 BASIC AVENUES TO ENACT A CHANGE. 1) BY REFERENDUM VOTE OF THE PEOPLE 2) BY UNANIMOUS VOTE OF THE CITY COUNCIL IT WOULD SEEM THAT THE `UNANIMOUS VOTE OF THE COUNCIL OPTION' IS INTENDED FOR USE WHEN THE PROPOSED CHARTER CHANGE IS IN REALITY A HOUSEKEEPING ITEM (ie TO MAINTAIN CONFORMANCE WITH STATE STATUTES, etc ;). AND, THAT THE `REFERENDUM VOTE OPTION' IS- INTENDED TO BE USED FOR ALL CHANGES WHEN THE PROPOSED CHANGE WILL RESULT IN `A CHANGE IN INTENT'. WE CLEARLY SEE THE CURRENT PROPOSAL FOR CHANGE AS BEING A SIGNIFICANT CHANGE OF INTENT TO .THE EXISTING CHARTER. THEREFORE, WE QUESTION THE JUSTIFICATION OF THE OPTION CURRENTLY BEING PURSUED BY THE CITY COUNCIL -- AND MOST CERTAINLY FIND IT MOST QUESTIONABLE CONSIDERING THAT WIDE SOLICITATION OF DEBATE BY, AND INPUT FROM, GROUPS OUTSIDE OF THE CHARTER COMMISSION HAS NOT TAKEN PLACE. AN EXAMPLE OF WHEN THOROUGH STUDY, DEBATE AND SOLICITATION OF COMMUNITY INPUT DID TAKE PLACE WAS WHEN THE CHARTER COMMISSION IN THE MIDDLE 70's TOOK THIS TYPE OF INITIATIVE WHEN THE QUESTION OF `WARD GOVERNMENT' CAME UP FOR THEIR CONSIDERATION. AT THAT TIME THE COMMISSION DID GO OUT AND BRING IN ALL THAT MIGHT BE CONCERNED TO OFFER THEIR RESPECTIVE VIEWS. THE COMMISSION AFTER THOSE TYPE OF EXTENSIVE HEARINGS VOTED AGAINST WART) GOVERNMENT FOR BROOKLYN CENTER. 5 S SUMMARY OF OUR FINDINGS 1. THE HISTORY OF THE DEBATE AND DECISIONS OF THE ORIGINAL CITY CHARTER WRITERS SHOULD BE THOROUGHLY RESEARCHED AND UNDERSTOOD WHEN CHANGE-3 ARE BEING CONSIDERED. 2. PUBLIC DEBATE AND DISCUSSION OUGHT TO `NOT ONLY BE ALLOWED' BUT OUGHT TO `BE WIDELY SOLICITED'. 3. IT WOULD APPEAR THAT THE TERM OF MAYOR MORE THAN THE TERM OF COUNCILMEMBER MERITS CONSIDERATION FOR LENGTHENING. 4. THE MERITS OF ODD YEAR ELECTIONS AND THEIR APPARENT INTENDED VALUE IN PROVIDING THE CITIZENS AN ANNUAL OPPORTUNITY TO REGISTER THEIR SATISFACTION AND /OR DISSATISFACTION WITH THE CITY OFFICIALS ACTIONS OUGHT TO BE PRESERVED AS A GOOD `CHECKS AND BALANCES FOR THE CITIZEN'.. 5. THAT THE ISSUE OF COST OF ELECTIONS CANNOT AND SHOULD NOT BE LOOKED AT IN THE SAME LIGHT AS OTHER CITY BUDGET ITEMS. THE PRICE OF DEMOCRACY CANNOT BE MEASURED IN DOLLARS. 6. THE MERITS OF PROVIDING THE CITIZENS MAXIMUM ASSURANCE OF CONTROL ' BY ASSURING THAT EVERY 6TH YEAR THEY HAVE AN' OPPORTUNITY TO AFFECT A CHANGE IN THE MAJORITY ON THE COUNCIL BY HAVING 2 COUNCIL POSITIONS PLUS THE M AY POSITION ' UP FOR ELECTION IN THE SAME YEAR OUGHT TO ALSi? MAYORS BE PRESERVED AS A GOOD CHECKS AND BALANCES FOR THE CITIZEN' . 7. IT SEEMS VERY QUESTIONABLE THAT THE PROPOSED CHARTER CHANGE SHOULD BE ENACTED VIA THE `UNANIMOUS VOTE OF THE COUNCIL OPTION'. IT WOULD SEEM THAT THIS COULD /SHOULD ONLY BE CONSIDERED IF AND WHEN ALL POSSIBLE: DEBATE AND INPUT HAS BEEN `AGGRESSIVELY SOLICITED' AND HEARD. RECOMMENDATION ' BASED ON OUR FINDINGS TO DATE, IT IS OUR RECOMMENDATION TO THE CITY COUNCIL... THAT YOU REFER THE PROPOSED CHARTER CHANGE BACK TO THE CHARTER COMMISSIO!•l FOR CONSIDERATION OF OUR FINDINGS AND THAT OF OTHER INTERESTED GROUPS AS WELL. THE CBG, OF COURSE, STANDS READY TO FURTHER EXPLAIN AND DISCUSS WITH THE COMMISSION AND /OR THE COUNCIL OUR FINDINGS AND RECOMMENDATION. WE AGAIN THANK YOU FOR GIVING US THIS OPPORTUNITY TO PRESENT OUR INPUT ON THIS MATTER. 6 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 AUGUST 14, 1986 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7 :33 p.m. ROLL CALL Chairman George Lucht, Commissioners Carl Sandstrom, Lowell Ainas, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. Chairman Lucht noted that Commissioner Malecki had called to say that she would be unable to attend and was excused. APPROVAL OF MINUTES - JULY 31, 1986 Motion by Commissioner Nelson seconded by Commissioner Ainas to approve the minutes of the July 31, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Ainas, Nelson, Bernards, and Wallerstedt. Voting against: none. Not voting: Commissioner Sandstrom. Th motion assed. � a P APPLIC ATION NO. 86030 (S & G Associates) FollowingTheZhairmanT jx ion, e Secretary introduced the first item of business, a request for site and building plan approval to construct a three storey 24 unit apartment building on the vacant land east of the Earle Brown Farm Apartments on the south side of 69th Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86030 attached). The Secretary also noted that Section 35 -410, Subdivision 7 of the Zoning Ordinance requires security systems and dead -bolt locks in all multiple - family residential complexes. He also noted that future garages planned at the southeast corner of the property would conflict with an existing storm sewer easement that runs along the easterly side of the property. He stated that if the garages were to be built, the parking areas may have to be shifted. The Secretary then reviewed the recommended conditions of approval and added two additional conditions concerning approval not including the future garages and that a security system and dead -bolt locks be provided within the building. Chairman Lucht asked the Commission if they had any questions of the Secretary. Commissioner Bernards asked how much further to the west the access to the Earle Brown Farm Apartments was. The Secretary stated that it was somewhat further west, indicating its approximate location on the map of the area. Wallerstedt asked whether there would be a sidewalk on 69th Avenue North. The City Engineer stated that it would be constructed in the future with the upgrading of 69th Avenue North. Commissioner Wallerstedt expressed some concern regarding access and traffic on 69th Avenue North. The Planner noted that the access to the Earle Brown Farm Apartments is 200 to 300 feet west of the access for this development. He stated that, compared to commercial streets such as Brooklyn Boulevard, this was a very generous separation and would not generate as much traffic as a commercial use. The Secretary stated that the access should either line up with or be offset 125' from an othe ma access to avoi Y � d diagonal movements in the public streets. 8 -14 -86 -1- Commissioner Wallerstedt expressed concern over the possibility of conflicts with rush hour traffic in the morning and evening hours on 69th Avenue North. The City Engineer stated that those conflicts would be minimized because the peaks of residential and nonresidential uses are different. He stated that the 'proposed development should not have a detrimental effect on the function of 69th Avenue North. There followed further discussion of traffic movements on 69th Avenue North and the patterns when it is heaviest. Commissioner Wallerstedt asked whether the City's traffic projections take into account potential development in the future that would impact on 69th Avenue North. The City Engineer stated that there is more concern regarding the segment east of Humboldt Avenue North. He stated that the segment between Humboldt Avenue North, and Shingle Creek Parkway was actually the least busy of all the segments of 69th Avenue North in Brooklyn Center. The Planner also pointed out that there is no access to or through the Industrial Park from this area of 69th and that, therefore, most of the traffic was related to the local residential neighborhood. Commissioner Wallerstedt asked what uses were permitted in the R5 zoning district. The Secretary stated that apartments and townhouses permitted in the R4 and R3 zone would also be permitted in the R5 zone. He added that office uses could be allowed by special use permit. Chairman Lucht then called on the applicant to speak. Mr. Jerry Carlson, the architect for the project, stated that S & G Associates would have no problem with providing the information requested in the staff report or in cooperating with the desires of the City. Commissioner Bernards asked Mr. Carlson when the project was likely to start. Mr. Carlson stated that they would like to start Monday morning if possible. (This was not a serious date in that Council approval had yet to be received). ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86030 (S & G Associates) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 86030, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes and the Housing Maintenance and Occupancy Ordinance 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. 8 -14 -86 -2- i 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The applicant shall submit an as -built survey of the property prior to release of the performance guarantee. 8. The plat creating the parcel for this development shall be filed at the County prior to the issuance of per its. 9. The lans shall be revised • s ev-a- 4 e.. p ,,.prior to �� mil; in the following respect: ' a) The grading and utility plans shall be revised to indicate a water service and other grades and utilities in accordance with the City Engineer's memo dated August 8, 1986. 10. On -site hydrant locations shall be in accordance with the recommendations of the Fire Marshal. 11. Outdoor handicapped parking spaces shall be signed in accordance with the handicapped code. 12. Approval does not comprehend future garages in the location indicated on the proposed plan. Such garages, if built, may not encroach into the utility easement for storm sewer along the east side of the property. 13. A security system and dead - bolt locks shall be provided at the entrances to the building in accordance with Section 35 -410, Subdivision of the Zoning Ordinance. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Ainas, Nelson, and Bernards. Voting against: Commissioner Wallerstedt. The motion passed. Commissioner Wallerstedt stated that she was still concerned regarding the traffic on 69th Avenue North and with the density of apartments in this area. DISCUSSION ITEMS a) Neighborhood Advisory Group Notice The Secretary then referred the Commission's attention to a draft form letter for notifying members of the Neighborhood Advisory Groups when planning applications within their neighborhood are to be referred to the Planning Commission. He asked whether the Planning Commission agreed with this procedure. Commissioner Ainas stated that this was the kind of notice he was looking for and that some people in his neighborhood would be pleased to get this kind of information. Commissioner Bernards asked whether it would be appropriate for the Planning Commission member to be listed in the notice as someone to contact. Commissioner Sandstrom expressed concern that members of the Advisory Group might get the notice before the Planning Commissioners knew anything about the agenda. There followed a discussion as to how public comment on planning applications might be gathered for the Commission's consideration. The Planner suggested that information regarding proposed applications would probably be best dispensed from the Planning and Inspections Department where plans would be on file, etc. He expressed some 8 -14 -86 -3- concern that Planning Commission meetings could be lengthened by people wanting answers to questions during the meeting. Commissioner Bernards stated that people in the neighborhood might feel more comfortable bringing their questions and concerns to the Planning Commissioner who lived in the neighborhood. He suggested` that if they were unable to answer questions about an application, they could always refer these people to the Planning and Inspection Department. The Secretary stated the primary means of the notice was to let Neighborhood Advisory Group members know what is going on in their neighborhood so that they are not surprised when a new development takes place. Commissioner Wallerstedt suggested that the notice procedure be tested for the rest of the year to see how it worked and perhaps it should be revised at that time. Commissioner Bernards added that the Year 2000 Study had recommended that Neighborhood Advisory Groups be utilized more in gathering public comment in building consensus on decisions affecting the neighborhoods of the City. By consensus it was agreed that the notices would be sent to respective advisory group members for the remainder of the year and that the the Planning Commission members would be listed in the notice and get a copy of the notice. b) Storage Building at Lutheran Church of the Master The Planner then reviewed briefly with the Commission a conceptual proposal by the Lutheran Church of the Master to move a two -car garage onto their site, east of the building, to serve as a storage building for tables and chairs used in the fellowship hall. He asked the Commission whether they wished to take this as a formal application or simply an informational item. Commissioner Wallerstedt, the Commissioner for the Northeast Neighborhood, suggested that staff keep the Commission informed on that development, but she did not think a formal application was necessary. c) Review of Upcoming Business The Secretary and the Planner then reviewed with the Commission upcoming business items for the next meeting. These included a report from the Central Neighborhood Advisory Group on cut- through traffic between Brooklyn Boulevard and Xerxes Avenue North and three business items. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Wallerstedt to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:44 p.m. Chairman 8 -14 -86 -4- Planning Commission Information Sheet Application No. 86030 Applicant: S & G Associates Location: 69th Avenue North, east of Earle Brown Farm Apartments Request: Site and Building Plan The applicant requests site and building plan approval to construct a three - storey, 24 unit apartment building on the vacant 1.52 acre parcel of land east of the Earle Brown Farm Apartments and south of 69th Avenue North. The land in question is zoned R5 and is bounded on the north by 69th Avenue North, on the east by the Humboldt Court Apartments, on the south by the Spec . 7 Industrial Building (TCR) , and on the west by the Earle Brown Farm Apartments. Apartment buildings two and one -half to three stories in height at a density of up to 16 units per acre are permitted uses in the R5 zoning district. Land /Density The parcel in question is 66,438 sq. ft. Two and one -half to three - storey apartments in the R5 zone are allowed at a density of one unit per 2,700 sq. ft. of land. Based on this requirement, 24.6 units are allowable on the property. The proposed 24 unit building, therefore, meets density limitations on this property. It should be noted that the plat (Tanami Addition) creating this parcel has not been released for filing at the County. The plat must be filed prior to issuance of buildings permits. Acces /Pa�rkin_& Access tot the to is proposed via a 24' wide driveway off 69th Avenue North, 28' east of the west lot line. The City Engineer has advised that the radius of the curb opening be softened to a 25' radius. The plans do not indicate a measurement of the radius, but it is quite sharp. The parking requirement for multiple family dwellings is two spaces per unit. The plan shows 36- stalls outside and 12 stalls within a garage on the south end of the site for a total of 48 spaces as required. Parking is provided along the westerly and southerly portions of the site. One handicapped stall is designated. Two should be provided and any such stalls in the open lot should be properly signed. F Landscaping /Screening The landscape plan provides screening of parking areas with a hedgerow of Alpine Current shrubs along the west side of the lot and around the southerly parking area. Some Redtwig Dogwood are also employed. A condition of the plat approval creating this lot was that a 10' easement be reserved along the west property line for greenstrip purposes to provide a visual break between this lot and the larger parking area to the west. The Zoning Ordinance requires one 6" diameter tree for the first 6 units and one for each 7 additional units up to 97 units (Section 35 -410) . Under this provision, the site in question is required to have four 6 diameter trees. The plan calls for four Marshall's Green Ash at 6" diameter. It also calls for four (4) Black Hills Spruce, six (6) Snowdrift Crab, 12 Amur Maple, and two (2) small Sugar Maple. The point total of all proposed plantings, based on the schedule reviewed previously by the Commission (attached) is 169.5 points. This seems to be an appropriate overall level though the number of shade trees is somewhat low. Grading /Drainage /Utilities The grading plan shows contours at 2' intervals and is very rough. A fairly substantial berm (4' ) is indicated in the green area adjacent to 69th Avenue North. Catch basins are indicated in the northerly green area and at the southeast corner of the site. At some points on the site the grade would be 10% to 40 %. Storm sewer 8 -14 -86 -1- Application No. 86030 continued lines are existing. In general, it appears that water would tend to be conveyed away from the building and into the storm sewer in a fairly rapid manner. Although this site is not subject to review by the Shingle Creek Watershed Commission, some modification of the grading plan may be necessary to reduce some slopes and storm sewer sizes. In addition, the plan shows no water service connection. The City Engineer recommends that two hydrants be provided on the property with an 8" connection to the City main in 69th Avenue North. The 5" diameter sanitary sewer line must be evaluated on the basis of the fixtures in the building. In general, bhe grading, drainage and utility plan is subject to considerable revision prior to issuance of permits. However, such revisions are not likely to affect the basic site plan and can be pursued under the standard administrative review called for in condition No. 2. (See City Engineer's memo dated August 8, 1986 for further details). - Building Plan The proposed building plan calls for 11 one - bedroom units at 729 sq. ft., 12 two bedroom units at 906 sq. ft. and a one - bedroom handicapped unit at 729 sq. ft. (one handicapped unit is required by the Uniform Building Code). The main corridor on each floor is 5' 6 wide. The exterior of the building is predominantly face brick with stucco panels in the vertical wall spaces between the windows. Each unit would have a balcony or patio approximately 5' x 10' off the living room. The roof is a gabled roof. There is an entrance to the building on the east and west sides. The plan proposes a sidewalk between the westerly entrance and the parking lot. The easterly entrance would have only a concrete stoop. Staff strongly recommend that considerably more sidewalk be provided to connect both entrances with the full parking lot. The plan also provides elevations for the proposed garage on the south end of the property. The garage would be flat - roofed with brick exterior on the ends and wood frame on the sides (east and west) where openings would exist. A wood fascia is indicated around the top of the garage. The building and garage are thus quite similar to the Earle Brown Farm Apartments to the west. Lighting/Trash The plan sho s four flood lights at the corners of the building and two at the northerly corners of the garage. The Housing Maintenance and Occupancy ordinance (Chapter 12) in Section 12 -315 requires simply "effective illumination in all exterior parking lots and walkways." Staff have recommended the addition of one light standard on the westerly parking area of the site. Likewise, trash containers and enclosures must be indicated on the plan. Poorly planned trash containers can be a source of serious health and sanitation as well as visual complaints at apartment complexes. We recommend that the plans be amended to indicate appropriate lighting and trash enclosures prior to review by the 'City Council. Recommendation While there are some deficiencies in the plan, they are not so serious that the basic proposal is in doubt. We would recommend that approval be 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 and the 'Housing Maintenance and Occupancy Ordinance prior to the issuance of permits. 8 -14 -86 -2- Application No. 86030 continued 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 apppropriately 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 all parking and driving areas. 7. The applicant shall submit an as -built utility survey of the property prior to release of the performance guarantee. 8. The plat creating the parcel for this development shall be filed at the County prior to the issuance of permits. 9. The plans shall be revised, prior to consideration by the City Council, in the following respects: a) Lighting provisions shall be indicated to provide effective illumination of all parking and walkway areas in accordannce with Sections 12 -315 and 35 -712 of the City ordinances. b) Location of trash containers and appropriate screening shall be indicated c) Sidewalk shall be provided between all parking areas and building entrances at a minimum width of 4 1 . d) The grading and utility plan shall be revised to indicate a water service and other grades and utilities in accordance with the City Engineer's memo dated August 8, 1986. 10. On -site hydrant locations shall be in accordance with the recommendations of the Fire Marshal. 11. Outdoor handicapped parking spaces shall be signed in accordance with the handicapped code. 8 -14 -86 -3- �....�..... /� ■■ 111 ® ®' men . �■■ .■� ■1 ■■ ■ ■ mm sia mm m ■ n ■ MEN ... son /mo■®■n ■■ . ® ®® IM® ONE :T .� ■■ MEN ■ mm •• MEN ■■ ® ®■ ■■/ 4= ■■ .... • . ■n/�o/�.� ■/ ■/ EIR3, MEN MEN Ing MINE �e ■■ ■■ r.' . ; �. �. �■■ ♦ ■■ ■m ■ u / s ® ■ ISO WIN IMIM MINE MINI IMMI ■■■/ • :m /e1,Iloilo1 AAFF Me son IN Mm m IM MINE mamma3mm ■■ ■s ■■ ■■ �■ ■■ ■ = 10111,1 ° 1r. AW AP dR d ! Ilk A N -- f i w Y _ 4 ,t 9 :.9 a Y 9 0 •� _ s s s „ 9 .mar■ - q ASK r-RA .NAP - q 7 Ile POT s 9 s s 1 fl lAN <':In s�ol• 1 " -20' M & C No. 86 -10 August 22, FROM THE OFFICE OF THE CITY MANAGER Subject: Proposed Ordinance Establishing A Tax Imposed Upon Lodging with Brooklyn Center To the Honorable Mayor and City Council Attached please find copy of a memorandum dated August 6, 1986 from the Director of Finance to myself. It is my recommendation that these suggested changes be made to the proposed draft ordinance prior to your approval. It is my recommendation that the Council pass the "lodging tax ordinance ". We believe it is a worthy promotional project which will benefit Brooklyn Center in the short and long term. The public purpose of this tax is to promote the community as a tourism and /or convention center. At your last meeting I objected to passage of the ordinance at that time because I wanted an opportunity to review with representatives supporting the lodging tax and Tourism Bureau and the Chamber of Commerce. I met with these groups and I believe that with minor modifications to the document which establishes the Tourism Bureau, we can assure balanced input of all groups involved: municipalities, Chambers of Commerce, and the lodging and hotel industry. I would expect to have on your next agenda a resolution approving the founding agreement for the Tourism Bureau, and passing the lodging tax ordinance Monday evening will allow that process to start and not delay the project any further. I believe any concerns" I might have had regarding the operation of the Tourism Bureau once it is started can be addressed in the founding agreement. There should be no problem proceeding with the passage of the lodging tax proposal. Respectfully submitted, Gerald G. S inter City Manager DEPARTMENT CITY OF Z:j B OF ROOKLYN FINANCE .CENTER � MEMORANDUM TO: Gerald G. Splinter , FROM: Director of Finance DATE: August 6, 1986 SUBJECT: RECOMMENDED CHANGES TO PRO C ITY `ORDINA _M�_�—_�__�_ _ RELATING TO A TAX IM POSED UPON LODGING I'met with the Finance Directors of Brooklyn Park and Fridley to review the proposed City Ordinance relating to a tax imposed upon lodging in our respective cities. After reviewing the ordinance, we agreed to recommend three changes to the ordinance. They are as follows: Section 22 -002__ IMPOSITION OF T AX 1. The first sentence should be amended to read "The i s , h er eby imp _a _tax o _three (3_ % 'per on the __r_e nt _ charged by_ an o pera to r f _or pro- vi lodgi_ng_to _a person af t _h_e a _d_opt_i on of th is or and upon thirty 30 _ P ( )�da s following its I e aI Publication." w' Y y g g p o (This ill _ replace "on and after August 1, 1986.7) 2. Immediately following the second sentence, which states "The tax shall be stated and charged separately and shall be collected by the operator from the lodger", the following sentence should be inserted: " The purpos of the tax must be ma ' known to the l ger_ by either 'inserting_ the st atement 'Proceeds from this tax used to fund a ' conv ention o r _t ou r ism _b ureau' on the lodge rec or "b post th statement at th registra -- - Y �. t g _ati_o_n des W h ere i can b e c learly se by the lod er, (We feel that the lodger should know that this is not a general City sales tax.) A Memorandum to Gerald G. Splinter, City Manager August 6, 1986 ' Page Two Section 22_007. EXAM INATIO N OF RETURNS, ADJUSTMEN NOTICES AND DEMANDS 3. This paragraph should be replaced by the following paragraph: "T he d irector may rely upon the Minnes s tax return filed by the operator with the Sta of Minnesot in determinin the accuracy of a _return fi under this or dinance. H the "direct shall be authorized t o ma and i nvestigation o exa mination o f the records and acc ou n ts of _t he person maki th retur if 'th d irec tor reasonably determines t_h_at such .ste are nec for determin 'the correct of the ret urn. The tax computed on the basis o such examination shall be the to b e paid. If the tax due is f oun d to be greater` th tha paid, such excess sha be paid to th Cit within ten (1 days afte receipt Of a notice th ereof, given either pe rsonal ly or sen b y regis ma to the _ad dre s s _sho on the retu If the tax paid is greater than the tax foun to be due, the e xcess shal be'refunded t o the pe rson who paid _the _t _ t Cit wi thi n t (10) days after de ter mi nati on of su refu nd`" (.This statement would allow the finance director to rely on the sales tax return as filed with the State and still allows the director to examine the operator's records if the director reasonably determines that such steps are necessary.) Paul W. Holmlund PWH:ps 23 ?d LAWS of MiNNFSOTt\ for 19$5 Cb. W, Art. 2 Ch. 14, An. 2 LAWS of 1,4INNESOTA far 1985 2379 FIRST SPECIAL SESSION FIRST SPECIAL SESSION a> alt product. Qualified brewers may take the credit on the 15th day of each mcxit.h, unorganized territory, together with a notice fixing a date fora up b beari ng on but the total credit allowed may not exceed the allawahla rRel't ea safe thaw the rp oposed tux. t ` 2--%O 9 t p eel and raid is Mi- R444Ls in any fiscal 3%ar the lesser of (a) The hearin g � must be held not less than two weeks more nor than four , { � the Iiabilit for tan or b $lt}0,0 - - - - -' - - - - -Z - - - (A w eeks after the first publication of the notice. Alter the public hearing, the _ For purposes of this subdivision, a "qualified brewer means a hrexer. X count Ward m ay determin to take no further action, or I ma 14o pt a resolution I z -- - 3 - _ __X -_C _ whether or not !neared in this state, manufacturing less than 100,COD txtrrelc of authorizaLg the to as on fl y pro Sr approving a tosser rate of tax. The fermented matt beverages in the calendar dar year inttc-ibately preceding the cale. resoluti must be published in a riels5 a of g eneral circulation within the ^' unorganized territory Thu- voters of the unorganized ter iw may re oast a is der year f0 r wlw n the ..redit under this subdivision is claimed. In determining j - _ rY y q_- _ I the nutahcr ( n „acts, all brands or Lie• L. of a brc%ver must be e�nmhinel All ' rrfsendum on the ;.oftr�d ter, h; tiling a tition vvi[h the :soot auditor facilities for the manufacture of fermented malt beverages owned or controller] by within 30 dd aRer the resolution is publiahed. The petition muat be si_gn� 1 ��. the same person, corporation, of other entity must be treated as a single brev;2r, voters who reside in the unorgard7 territory. The. number of signatures must J cqudl at least free percent of the number at persons voting in the unorganized Sec. 15. Minnesota Statutes 1984, section 477A.018, is amended to read: terfitory in the last eg Leta! election. If such a tpe ition is timely tiled, the t� _ _ _ 477A.018 Q LOCAL LODGING TAX. resolution is not effective until it has been submitted to the raters residing in the a unorganized tee at a general or special election and a ma'orit of votes cast 7i Subdivision I, AUTHORIZATION. Notwithstanding section 477A.016 on the questio n of approving the resolution are is the affirmative. The crommis t = or any ocher law, a statutory or home rule charter city may by otdinaace and a sinner of revenue shall prepare a suggested form of questi nn to be presented at the town ma b vote at its annual meeting, im a tax of u to three percent on - l -Y - - - -�,. l� p pe referendum. r. the gross receipts from the furnishing for consideration of lodging at it hotel. Subd. 6. JOINT POWERS AGREEMENTS. An statute or home t motel, rooming house, tourist court, or 9” mo of space trg a t resort = - _Y _-� - _ other than the renting or leasing of it for a coatinuom period of 30 days or more. ' rule charter city, town, or noun when the county board is act gg as a fawn board with respect to an unorganized te may enter into a joint exercise of A statutory or home rule charter ctrl may bby ordinance im the tax wets Agree urauartt to sect 471.59 for the a use of im the tai cam pi authorized under this subdivision on the site recei to of a munici '�-° - p-- p-Z m -- --� s - - �H ` -"� - - campground and %r n 1? is of its room to this section. r . - .8 - - _ _ _ Subd. 2, EXISTING TAI'F.,5. No statutory or home rule charter city or Sec, 16. Laws 1985, chapter 83, section 7, is amended to read; Saga may impose It tax under this section upon transient lodging that, when Sec. 7. F.MC VE DATE. combined with any tax authorized by special law or enacted prior to 1972„ Sections 1 to 3 are effective the day following final enactment,, except that ,4 exceeds a rate or three percent. section 1 doses not apply to written contracts entered into before jj1X 1, 19 or Subd. 3. DISPOSMON OF PROCEEDS. N"mety• five percent or the to written bids submitted for contracts before July ! 19 95. Sections 4 and 5 are grow proceeds from any tax imposed under subdivision i shall be used by the effective July 1, 1985. Section 6 is effective rot sales tax paid on electricity billed '< statutory or home rule charter city or town to fund a local convention or tourism i on or after January 1, 1987. +' bureau for the purpose of marketing and promoting the city or town as a tourist ( Sec. 17. 18FF73t:ITYE DATE. of convention center. This subdivision shalt not apply to any statutory or.home rule charter city or town that has a lodging tax authorized by special law or - Sections ! W 3 and 5 are effective July 1, 1986. Sections ! t and 12 are enacted prior to 1972 at the time of enactment of this section. effective for Sales and transfers made after July 31, 1985. Section 14 is effective Au Mt I, 1995. Sections 6 to 10 are effective ror sales occurring after June 1 Subd. 4. UNORGANIZED TERRITORIES. A county board acting M 1985 except that the amendment in section 9 elimina ' the exemption for sales a town board with respect to an unorganized territo may impose a lod ' tax _ - - '- - -�- - - --Y - ° - - - - of tekphane equipment is effective for sales after December 31, 1986. Section 13 within the unorganized territot according to this ac section if it determines is effective Tan r 1 1987. Section 4 a lies to asoline orsP areal fLels led resolution that imposition of the tax is in the public interwc. -r - ' - - g- - - -- C- in the fuel tanks of new motor vehicles under the circumstances described in o Subd. 5. REVERSE REFERENDUM. If the coun board passes a section 29b. 18, susubdivision 1, clause on or alto J 4 1982.. Section 4 shall rs. resolution under subdivision 44 to impose the tan, the resolution must be published not become effxtive unless the commissioner of revenue and a manufacturer of `O oe two s uccessive weetm in a newspaper of ag naval circulation within the motor vehicles in Minnewta with pending gasoline or special fuel excise tax CLaaaes or addhions are hu mted Ay underline detetlow by ehikeewt Chanwa or additions are indicated by underline deletions by shikeect. rU CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of August, 1986 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider creating Chapter 22 of the City Ordinances Relating to a Tax Imposed upon Lodging. ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 22 OF THE CITY ORDINANCES RELATING TO A TAX IMPOSED UPON LODGING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Chapter 22 is hereby created as follows: Section 22 -001 DEFINITIONS For the purpose of this Chapter the following terms phrases and words and their derivations shall have the meaning given herein When not inconsistent with the context words used in the present tense include the future. words in the plural number include the singular number and words in the singular number include the plural number, The word "shall" is always mandatory and not merely directory Subd 1. The term "director "'means the Finance Director of the Cites Subd. 2. The term "Gifu" means the City of' Brooklyn ` center, Subd. 3. The term "lodging" means the furnishing for a consideration of lodging by a hotel motel or rooming house except where such lodging shall be or a continuous period of thirty (30) days or more to the same lod -zer(s) The furnishin of rooms by religious educational or nonprofit organizations shall not constitute "lod or purposes of this Chapter Subd. 4. The term "operator" means a person who provides lodging to others or any officer agent or employee of such person Subd. 5. The term "person" means any individual corporation partnership association. estate receiver trustee executor, administrator asst ee syndicate, or any other combination of individuals.' Whenever the term "person" is used in any provision of thi chapter prescribing and imposing a penalty, the term as applied to a corporation association or partnership shall mean the officers, or partners thereof as the case may Subd. 6. The term "rent" means the total consideration valued in mone charged for lodging whether paid in money or otherwise but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself, Subd. 7. The term "lodger" means the person obtaining lodQine from an operator Section 22 -002 IMPOSITION OF TAX There is hereby im osed a tax of three -1- M ORDINANCE N0. (3 %) percent on the rent charged by an operator for providing lodging t_ any person on_and after the effective date of this ordinance The tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator, to the City and shall be extinguished only by payment to the Citv. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this chapter to collect from a l odger. Section 22 -003. COLLECTIONS. Each operator shall collect the tax imposed by this chapter at the time the rent is paid The tax collections shall be deemed to be held in by the operator for City The amount of tax shall be separately stated from the rent charged for the lodging . ­ ­ Section-22-004. - - EXCEPTIONS AND EXEMPTIONS, - __ -- Subd. 1. EXCEPTIONS. No tax shall be imposed on rent for lodging paid by any officer or employee of a foreign government who is exempt by reason of express provisions of federal law or international treaty Sub_ d. 2. - EXEMPTIONS - - -An- exemption -- shall =be �gr -anted to- n as to whom or whose occupancy it is beyond the power of the City to tax No exemption shall - -be granted - except upon a claim therefor made at the time the rent is collected, and such a claim shat be.- made in writing and under Penalty of periury on forms - provided by I the City -. - All such claims shall be forwarded to the GiZ when the returns and collections are submitted as required by this a ter -' - ' Section 22 -005 ADVERTISING NO TAR It shall be unlawful for any operator to advertise or hold out or state to the public or any customer — directly or directly that the or a= Rart thereof will be assumed or absorbed by the operator. o_r that it will not be added to the rent or that if added it or any part thereof will be refunded. efunded In computing the tax to be collected amounts of tax less-than cent shall be considered an additional cent. Section 22 -006. PAYMENT AND RETURNS The taxes imposed by this ' chapter shall be paid by the operator - -to the City monthly not later than 25 days after the end of the month in which the taxes were collected At the time of ayment the operator_ shall submit a return upon such forms and containing such i nformation as the director may require The return shall contain the'followi� minimum information The totaL amount of rent collected for lodging during the period covered by the return 2. The amount of tax required to be collected and due for the period 3. The signature of the person filing the turn or that of his a ent duly authorized n writing -2- 3 i ORDINANCE NO. 4. _ The period covered by the return The amount of uncollectable rental charges subject to the lodging tax The operator may o ffset against the taxes payable with respect to any reporting period. the amount of taxes imposed by this chapter previously Raid as result of _any transaction the consideration for which became uncollectable during such reporting period but only in proportion to the portion of such consideration which became uncollectable Section 22 -007. EXAMINATION OF RETURN ADJUSTMENTS NOTICES AND DEMANDS The director shall - after a - return is filed examine the same and make A= investigation or examination -of the records and accounts of the person making the return deemed necessary for determining its correctness. The tax computed on the basis of such examination shad be the tax to be paid If the tax due is found to be F-reater than that paid. such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return If the tax paid is greater than the tax found to be due the excess shall be refunded to the person who paid the tax to the Ci refund. ty within ten (10) days after determination of such Section 22 -008, REFUNDS Anv person maw apply- to the director for a refund of taxes paid for a prescribed period in excess of the amount legally due or that period provided that no ap2lication for efund shall be considered unless filed within one year after such tax was paid or within one year from the filing of the return whichever -period is the longer, The director shall examine the claim and make and file written findings thereon denying or allowing he claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return If such claim is allowed in whole or in part, the director shall credit the amount of the -allowance against any taxes due under this chapter from the claimant and the balance - of said allowance if any shall be paid by the director to the claimant Section 22-009, FAILURE TO FI F A RETURN Subd. 1. If any operator required by this chapter to file -a. return shall mil to-do so within the time prescribed or shall make willfully or otherwise an incorrect false or fraudulent return the operator shall upon written notice and demand. file such return or corrected return within five (5) days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall,_ fail to file such return or corrected return, the director shall make a return or corrected return for such person rom such knowledge and information as the director can obtain and assess a tax on the basis thereof which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) shall be paid upon within f ve 5 da s o t e rec t of written notice and demand suc payment. Any such return or assessment made by the director shall be prima facie correct and valid and such person shall have the burden of establishing -3- ORDINANCE N0, its incorrect ness or invalidity in any action or proceeding in respect thereto Subd. 2, If any vortion of a tax imposed by this chapter, including Penalties thereon. is not paid within thirty (30) days after it is required to be paid. the City Attorney may institute such legal action as may be necessary to recover the amount -due plus interest pena ties the costs and disbursements of any action. .. Subd. 3 Upon a showing _f good cause the director may grant an operator one thirty (30) days extension of time within which to file a return and make payment of taxes as reaui.red by this chanter provided that interest during such riod of extension shall be added th pe i d to a taxes - due at - the rate of ten (10%) ce t per annum per p um. ,Y Section 22 -010 PENALTIES. Subd. 1. If any tax imposed by this chapter is not paid within the time herein specified for the payment or any extension thereof there shall be added thereto a specific penalty equal to ten (10 %) percent of the amount remaining unpaid. Subd. 2. In case of any failure to make and file a return within the time prescribed by this chapter — unless it is shown that such failure is not due to willful neglect.. there shall be added to the tax in addition to the ten (10 %) percent specific penalty provided in subdivision 1 above ten (10$) percent if the failure is for not more than thirty (30) days with an additional five (5 %) percent for h additional t irty (30) days or fraction thereof during which such failure continues not exc eding twenty five (25 %) percent in the aggregate, If the penalty as computed not exceed 10 a minimum enal of $10 shall be assessed The amount so added to any tax shall be collected at the same time and the same manner and as a part of the tax unless the tax has been paid before the discovery of the negligence in which case the amount so added shall in the same manner as the tax - Subd: 3. If any person willfully fails to file any return or make any pavrnent required by this chapter. or willfully files a false or fraudulent return or willfully attempts in-My--manner to evade or defeat any such a tax or payment thereof. there shall also be imposed as a penalty an amount equal to fifty (50 %) percent of any tax-l-less tax—(—less any amounts paid on the basis of such -false or fraudulent return) found due for the period to which such return related The penalty imposed by this subdivision shall be collected as part of the tax and _shall be in addition to any other penalties,grovided by this chapter Subd. 4. All payments received shall be credited first to penalties next to interest. and then to the tax due Subd. 5. The amount of tax not timely paid together with any penalty provided by this section shall bear interest at the rate of eight (8$) percent per annum from the time such tax should have been paid until paid, ny interest -4- ORDINANCE N0, and penalty shall be added to the tax and be collected as part thereof. Section 22 -011. ADMINISTRATION OF TAX The director shall administer and enforce the assessment and collection of the taxes imposed by this chapter, The director shall cause to be prepared blank forms for the returns and other documents required by this chanter and shall distribute the same throughout the City and furnish them on aT)Dlication. but failure to receive or secure them shall not relieve any person from any obligation required of him under this chapter. unless it can be established that the required forms were not available from the City. ;~ Section 22- 012: EXAMINE RECORDS - T^e director and those -persons acting, on behalf of the director authorized in writing by the director may examine the books. Dapers and records of any operator in order to verify the accuracy of any return made. or if no return was made to ascertain the tax as provided in this chanter. Every such operator is directed and required to give to the said director or to his- duly authorized agent or employee the means facilities and opportunity for such examinations and investigations as are hereby authorized.4 -L Section 22 -013 CONTRACT WITH STATE The City Manager is authorized to confer with the Minnesota Commissioner of Taxation to the end that an agreement between the City —and the Commissioner of Taxation may be entered into for the purpose-of providing for the administration and collection of the taxes imposed by this chapter. Such an agreement shall ^ not become effective until presented to the Council for its approval and when so approved the tax imposed by this chapter shall be collected and administered ,pursuant to the terms of said agreement. -- Section 22 7014. VIOLATIONS Any' person who shall willfully fail to make a return required by this chapter• or who shall fail to pay the tax after written demand for payment: or who shall fail to remit the taxes collected or any_ Denaltv__or interest -imposed by this chapter after written demand for such Davment; or who shall refuse to permit the director or any duly authorized agents or employees to examine the books records and papers under his or her control: or who shall willfully make any incomplete false or fraudulent return shall- -be guilty of a misdemeanor. Sect 22 -015. USE OF —PROCEED—S— The ninety-five (95 %) percent proceeds obtained from the collection - of taxes pursuant to this chapter shall—be—used in accordance with Minnesota Statutes Section 477A.018 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center, Section 22 -016. APPEALS, Subd. 1. An operator aggrieved by acv notice order or determination made by the director under this chapter may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order-or-determination, The petition shall contain the name of the -5- , ORDINANCE NO. petitioner. the petitioner's address and the location of the lodging subject to the order. notice or determination Subd. 2. The petition for review shall be filed with the City Clerk within ten (10) days after the notice order or determination for which review is sought has been mailed or served upon the person requesting review, Subd. 3. Upon receipt of the petition the City Manager or his designee shall set a date -for a hearing and give the petitioner at least five (5) days prior written notice of the date time and place of the hearing, Subd. 4. At - the.hearing the-petitioner shall 'be given an opportunity to show cause why the notice order or determination should be modified or withdrawn, The petitioner may be Lrepresented by counsel of petitioner`s choosing at petitioner's own expense Subd. 5._ The hearing shall be conducted by the- City Manager or his designee. provided only that the person conducting the hearing shall not have participated in the drafting of the order notice or determination for which review is.sought Subd. 6. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this chapter and evidence presented The person conducting the hearing may affirm reverse or modify the notice order or determination made by the director Subd. 7. Any decision rendered by the Citv Manager_ pursuant to this subdivision may be appealed to the City-Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten (10) days after the decision has-been mailed to the petitioner The matter will thereupon be placed on the Council agenda as soon as is practical The Council s a 1 then review the findings of--fact--and conclusions to determine whether they were correct. Upon a determination Council that findings and conclusions were incorrect the Council may modify reverse or affirm the decision of the City Manager or his designee upon the same standards as set forth in - subdivision Section 2._. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1986. Mayor Pro tem -6- ORDINANCE N0. ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter.) -7- qb CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing 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. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 56.1 -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 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" e mans the following plants. Common Name ota B ical 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 rosi Amb a tr ifida b. Any weeds o r grass growina 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. r ORDINANCE NO. Adopted this day of , 1986. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter) iz 6 MEMORANDUM TO: Gerald G. Splinter, City Manage FROM: Sim Lindsay, Chief of Polic D _ DATE: August 19, 1986 SUBJECT: Proposed Revisions in Liquor Ordinance In order to bring our Liquor Ordinance in compliance with State Statute, a number of changes were needed.`_ Among the most prevalent of these was the change in legal age from 19 to 21 ears. Also, we have always y required that waitresses, bartenders, et cetera working in liquor licensed establishments be of the legal age. This was changed to allow 18 year olds to work in establishments. This was the result of an Attorney General ruling that states that municipalities cannot restrict work in these establishments by age requirements. They felt this was in violation of the federal, hiring laws Also, a provision which allows charitable organizations to obtain a temporary liquor license was included. As you look at the liquor ordinance you will notice that it appears to have increased in size. In administering liquor licenses, we encountered a problem with the ordinance. This problem was that anyone requesting information on license requirements had to read the entire ordinance no matter what license they desired. For example, a person desiring a nonintoxicating liquor license would still have to read the entire intoxicating section cti on as the dram shop insurance requirements f nts � or all licenses s were located in that section.. We took the ordinance and broke it into sections so that one small section containing all information could be given to a person requesting information on license requirements. This resulted in a bulkier ordinance because many items such as dram shop insurance are repeated in each section. Also, the intoxicating liquor section contained liquor, wine and club license requirements. Now each kind of license has its own section. We feel this will make the ordinance much easier to work with. -Also, all fees were removed from the ordinance language and it is now stated that fees will be set by Council resolution. This should make it easier for the Council to update fees in the future, as they will not be required to go through an ordinance change to do so i x 6 � Memorandum to Gerald. Splinter Page 2 August 19, 1986 The other major change was in the insurance requirements. Presently the State requires a $100,000.00 insurance policy for dram shop and allows 3.2 beer and wine establishments exemption from obtaining any dram shop insurance if their sales are less than $10,000.00 in a calendar year. Cities are allowed, however, to make more restricting insurance requirements. On the recommendation of members of the City staff, the minimum insurance required was raised to $300,000.00; with the exception that temporary licenses on City property the minimum is $500,000.00. Also, all exemption provisions were dropped which require all establishments in Brooklyn Center to carry dram shop insurance. Copies of their section of the proposed ordinance draft were sent to all license holders within the City. All were informed that the ordinance would be up for a first reading at the August 25, 1986 City Council Meeting.- They were told they could respond with any questions, suggestions or problems with the draft to me by August 18, 1986 or they were welcome to attend the Council meeting. Attached to this memorandum is a I received from Mr. Donn Erickson, the owner of Scoreboard Pizza. Mr. Erickson is concerned about the increased_ insurance requirements. Mr. Erickson's letter was the only one received. August 11, 1986 Chief Jim Lindsay City of Brooklyn Center 6301 Shingle Creek Parkway _ Brooklyn Center, MN 55430 Dear Chief Lindsay: I am in receipt of the draft of the Brooklyn Center'-s new city ordinance for On -Sale Non - Intoxicating Liquor. The proposed minimum dram shop insurance requirement of $300,000 aggregate insurance (Section 11 -104, Subdivision 2) will bring a hardship on our - -small pizza -shop, Scoreboard Ri-zza: Our beer and wine cooler sales for a' calendar year will amount to approximately $6,500 (1985 sales) to $10,000 (.possible in future).- It is necessary- for - a pizza-shop-to have beer and wine coolers in order -to attract business When opening-in May, 1984, many families and individuals didn't return to have pizza at our shop until we had beer and wine coolers. The cost to our business now is $500 license fee to the City of Brooklyn Center and for $100,000 of dram shop insurance $900. This is a high cost considering the minimal volume that is done by our shop in non - intoxicating liquor ($6,500) I talked with our agent on obtaining $300,000 of dram shop insurance. He stated it would cost more in premiums and who's to know what will happen at the -next renewal time. The way the insurance industry is at present, I am certain it would put us into a loss position if we were required to carry $300,000 in 1987. Our exposure to a liability suit is minimal because of the small amount of sales to the public. We would ask that the City of Brooklyn Center rewrite the insurance dram shop section so as to hold the small volume business to $100,000 of insurance. Say it was reworded to require any business selling non - intoxicating liquor with sales Of $15,000 or maybe $20,000 per year to carry the $300,000 in dram shop coverage. Chief Jim Lindsay City of Brooklyn Center August 11, 1986 Page 2 Any consideration the City and Council can give to we, the small business establishment, would be greatly appreciated. Thank -you in advance for your attention to our request. Yours truly. SCOREBOARD PIZZA C ::� cr" C - Donn C. Erickson. Owner: DCE:bk CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1986 at p.m." at the 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 arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS 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 b weight. I Y ht. g Subdivision 4 "Original package" means the bottle or sealed container in 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. 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 specia written permission is obtained for a limited special event with conditions included. 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- salell; 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 Bui ding 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 nonintoxicatina 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. 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 agarecrate 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 5500,000 00. Subdivision 4. Any- liability insurance reciuired 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 issuinct 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 -104 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 [forth in Section 23 -010 of the City Ordinances.] 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- 105.1 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 chance. [ Section 11 -106. Section 11 -107. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: 1. Under [19] 21 years of age. (For the Purposes of this ordinance, people born before 9 /1/67 are considered 21 r 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 not a citizen of the United States or a resident [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 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 -.108 Section 11 -109 CONDITIONS OF LICENSE. Subdivision 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 P lace at all times. Subdivision 3. No beer shall be sold or served to any intoxicated person or to any person under [19] 1 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 [19] 18 years of age shall be permitted to sell or serve beer in any "on -sale" establishment. r 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. 340.02. 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 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. Subdivision 10. Every licensee shall be responsible for the conduct of his lace o }pus p f mess 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 Section 11 -110. 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.] l. 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. r [ Section 11 -110 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 -111 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 [19] 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 [19] 21 years. Subdivision 3 Person to induce a person under the age of [19] 21 years to purchase or procure nonintoxicating malt liquor. Subdivision 4 Person under the age of [19] 1 years to misrepresent his age for the purpose of obtaining nonintoxicating malt liquor. Subdivision 5. Person under the age of [19] 21 years to consume any nonintoxicating malt liquor. Subdivision 6. Person under the age of [19] 21 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] 2_1 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 Section 11 -113. 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 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 P art thereof. [ Section 11 -114 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. [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. rSection 11 -202. LOCATION AND OPERATION. The said municipal liquor store shall be at such place as the Council shall 11 determine b and m be either leased or owned b Y Y Y the municipality. It shall be in the 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 City 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 or store. [ Section 11- 203.1 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 nto the municipal g P liquor store fund needed for carrying on the said business. An rY g Y 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 -204.1 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. UOPERATION OF THE MUNICIPAL LIQUOR STOREi ( Section 11 -205.1 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 [19] 21 years. 1For the puruoses of this ordinance, Persons born before 911167 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- 206.1 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. CHAPTER 11 - LIQUOR ORDINANCES ( PURCHASE. POSSESSION AND CONSUMPTION OF BEER AND LIQUOR BY MINORS Section 11 -301. LIQUOR ON SCHOOL GROUNDS Unless possessing a "temporary on -sale" license 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.) r. CHAPTER 11 - LIQUOR LICENSES 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, quor, 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 an unexpired fraction P g Y � ion 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 p at all t' P P Imes. • 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 lace allowing t P P he consumption or display of intoxicating P P Y liquor shall be g open at reasonable P all. r nable 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 I1 -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 :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 Reauired 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 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 i 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 followincr proofs: • a. A certificate that there is in effect an annual aaareaate insurance policv 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 rectuired 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. I l 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 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 ear, have owned hired Y , 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 h en by the members at a meeting held for that u ose none of whose members officers P rP , , 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. 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 writincr is obtained for a limited period of time under certain conditions • Section 11 -502. LICENSE REQUIRED. 1. No person except p e p 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 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 The name of the club. 2. Date that the club was first incorporated. True copies of the Articles of Incorporation, Bylaws and the names 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 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 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. g. Names, and addresses of applicant's and spouse's employers and partners, if any, for the preceding tea 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 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 [the maximum amount permitted by Minnesota Statutes 340.11 (11).] 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 ermitted from lace P P 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. a change 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 i charged for the investigation. The club shall, ti however, notify the Chief of Police within 30 days of . any chancre 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 licensees 1. Under [19] 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, [if an individual,] 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 o y r indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 6. Who is the spouse of a person ineligible for a license pursuant to the P rovisions 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 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. (For the purposes of this ordinance, business hours are considered any time persons are present on the licensed premises.) 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 delivered to any intoxicated person, to any habitual drunkard, to any person under [19] 1 years of age, or to any person to whom sale is prohibited by State Law. (For purposes of this ordinance persons born before 9/1/67 shall be considered 21 years of age.) • 8. No person under [19] 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 [19] 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 chancres 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 P roof 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 guests. 2 No person under [19] 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 [19] 21 years of age shall receive delivery of intoxicating liquor. • 4. No person shall induce a person under the age of [19] 21 years to purchase or procure or obtain intoxicating liquor. 5. Any person who may appear to the licensee, his employees or a agents to be under the age of 19 g g [ ] 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 [19] 21 years, and in every proceeding before the City Council with respect thereto the fact- that the minor involved has obtained and P resented 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] 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 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. The policy shall be effective to the ear. entire license t y 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 [$100,000.00] in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of 5300.000.00 [$100,000.00] 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 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 t g g he 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 -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. i 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 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 0 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 11 bremises" 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, lace and date of birth and street P , 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 eve been convicted of felon c an , rime Y Y , 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. �. 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 applicant in Subsection 3 above. • 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 [in Section 23 --010 of the City Ordinances] 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.] 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. 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 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. S 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 o 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. i Section 11 -608. INVESTIGATION OF APPLICATIONS. All • applications for a license shall be referred to the Chief of Police and to such other departments s r City departm n a the City Manager shall deem necessary for verification and investigation of the facts set forth in the a Chief o Police application. The i f f P lice shall cause to be made such investigation of the information requested in [Section 11 -504, subdivision 3,] 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 [Section 11 -504] this ordinance hereof shall be attributed to the licensee: 1. Under [19] 21 years of age. (For purposes of this ordinances, persons born before 9/l/67 shall be considered 21 years of age. 2 Who is not of good moral character. 3. Who, [if an individual,] 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 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, nonresident 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 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 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 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] 21 years of age, or to any person to whom sale is prohibited by State law. 8. No person under [19] 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 [19] • 8 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 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 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 -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 8:00 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. 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. RESTRICTIONS ON PURCHASE AND CONSUMPTION. 1. No person under [19] 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 [19] 21 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 i liquor. • 4. Any person who may appear to the licensee, his employees or agents to be under the age of (19] 2_1 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) 21 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] 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'll -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 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. The policy shall be effective for 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 annua 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 chancre becomes effective. Section 11 -615. 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 -614 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 -616. 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. J� 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 "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 � r the registration s e o i n o s guests the ground f t on nd o0 r i fl g g which employs a v'de suitable and n adequate staff to provide • � P 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 h ut first havin g 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 foo s t hotels conducted d and o h 1 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 licLuor" licenses which can 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 i • 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 495% 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 li=or 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 wears, 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. • e Special Provision; sports, conventions or cultural facilities: The City Council may r 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 licruor only to persons attending the event. The licensee may not dispense intoxicating licruor 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 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. i 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 liquor" license, the followings 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 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 I, 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. S. 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 S 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 may, if the other provisions of this ordinance are complied with rant the application. P � g PP 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 applications. 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 r 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 (in Section 23 -010 of the City Ordinances) 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 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.] 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. A "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 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, the applicant shall pay in full an investigation fee, in an amount set by City Council resolution. All investigation fees are nonrefundable. 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an i 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 [Section 11 -504, subdivision 3,] 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 (Section 11 -504] this ordinance hereof shall be attributed to the licensee: • 1. Under [19] 21 years of age. (For purposes of this ordinances persons born before 9/1/67 shall be • considered 21 years of acre.) 2. Who is not of good moral character. 3. Who, {if an individual,] 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 rohibited substance, or whose liquor P � 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 fora license pursuant to the provisions of subdivision 4 5 P P , or 6 of this section or who' in the judgment of the City 7 gm Y_ 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 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, Sections 340.07 through 340.39. 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 square feet and seating for 100 people. • 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. For the Purposes of this ordinance, business hours are considered to be any time persons are present on the premises. 4. Every licensee shall be responsible for the conduct of his lace of busi the conditions o sobriety p in s and n i i f ri y • 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 red to an intoxicated person, to any .habitual Y P drunkard, to an person under 19 1 years of age, YP [ ] �.Y g , or to any person to whom gale is prohibited by State law. S. No person under [19] 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 [19] 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, intox liquors from an original acka e g � Y 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 acka a so as to change its composition or P g g P 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 i 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 [19] 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 [19] 21 years of age shall receive delivery of intoxicating liquor. 3. No person shall induce a person under the age of [19] 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 [19] 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 [19] 2 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] 1 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 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. The policy shall be effective for 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 cancelinct 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. Subdivision 5. "Temporary on -Sale Liquor" license holders are sublect to the provisions of subdivisions l through 4 of this section. 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 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. 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 hearin g 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 hall exceed 60 days. 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.) • M & C _ No. 86-09 August 21, 1986 FROM THE OFFICE OF THE CITY MANAGER Subject: Recommended Action Against the Liquor License of the American Legion Club, 4307 70th Avenue North To the Honorable Mayor and City Council: Attached please find a copy of a memorandum and other materials from Chief Lindsay regarding recent alleged gambling violations at the Legion Club. It is clear in our regulatory ordinances and state .law that illegal gambling is a violation worthy of suspension or revocation of a liquor license. The Police Chief, in the attached memorandum, recommends revocation of the Legion Club license and I concur in that recommendation. It is ray recommendation that among the he options available to the City Council, as detailed in Chief Lindsay's memorandum, that the Council direct a suspension of their license for 30 days pending the Hearing on Revocation. It is my further recommendation that the City Council appoint a hearing examiner to conduct the Revocation Hearing. The use of the hearing examiner has worked well in the past and I would recommend this process. After the hearing examiner is appointed and the hearing held, the City Council then will receive the recommendation back at a regular Council meeting and then you can either confirm, modify or den the recommendation mmendation of the hearing examiner. Representatives of the Legion Club are aware of the recommendations and content of these memoranda and have been informed that the Council will be considering this matter at Monday night's Council meeting. A Ped, itt r 101. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Polic .v - u' DATE: August 19, 1986 SUBJECT: Gambling Violations at the American Legion Club, 4307 70th Avenue North, Brooklyn Center The Police Department, after receiving information of the possibility of gambling taking place at the Legion Club, conducted an undercover investigation. The investigation led to the arrest of two people on July 18, 1986. Through further investigation, the Police Department has requested formal complaints against five (5) people involving eight (8) violations. The investigation determined that the club was using their electronic poker machine to pay off cash for games won. The machine in itself is a legal machine when a player wins free games. It becomes illegal, as in the case of the Legion Club, when they pay off with cash for free games won. The primary parties involved in this matter from the Legion are Pat Huck Casey (on -duty bartender), Steven Babcock (off - duty bartender), and Michael Ronnei (manager). Attached to this memo is a confidential narrative report completed by Investigator Monteen. Monteen reviewed the various case files and license applications that we have on file for the Legion Club. It is most interesting to note that the same names repeatedly come up with the past history problems related to the Legion Club. The department alleges at this time that Pat Huck Casey, working as on -duty bartender on July 18 paid $50.00 to Steven Babcock, an off -duty bartender, for games he had accrued on the poker machine. Michael Ronnei, the manager, is responsible for establishing the pay -off practice. I have reviewed the current matter along with the historical data including the circumstances around the 1984 license suspension. As stated above, the same people remain the center of the problem; even after being given assurances that they would not be involved in the operation of the Club. It is my recommendation that the liquor license be permanently revoked. Memo to Gerald Splinter Page 2 August 20, 1986 The Council has several options as to how to proceed. Because of the criminal prosecution, they may elect to do nothing. They may suspend the license for a period not to exceed 60 days or they may elect to revoke the license on a permanent basis. If suspension or revocation is selected, a hearing must precede the action. If the Council initially decides to revoke, they may suspend the license e for a period not to exceed 30 days .pending the hearing for revocation. However, if they suspend pending the hearing for revocation, the choice is then limited to revocation and suspension is no longer an option. The City Attorney will be prepared to discuss these options at the Council meeting. 49 I Licenses to be approved by the City Council on August 25, 1986 GARBAGE HAULERS VEHICLE LICENSE Gallagher's Service, Inc. 1691 91st Avenue NE Mengelkoch Company 119 NE 14th Street Metro Refuse 8168 West 125th Street Waste Management - Blaine 10050 Naples Street NE Art Willman & Son 62 26th Avenue North Woodlake Sanitary Service, Inc. 4000 Hamel Road Sanitarian MECHANICAL SYSTEMS LICENSE nn Dayton's Bluff Sheet Metal, Inc. 1400 East Highway 36 (mot tuil "ng Official 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 rties P 2937 69th .Lane. Q. Director of Planning and Inspection GENERAL APPROVAL: 00 D. K. Weeks, City Clerk