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HomeMy WebLinkAbout1971 01-04 CCM Regular Session P Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota January 4, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:40 P.M. Roll Call: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer, Thomas O'Hehir and Tom Loucks. Father Nichols of St. Alphonsus Church offered the invocation. Motion by Councilman Leary and seconded by Councilman Willard to approve the minutes of the December 21, 1970 meeting as submitted,. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Willard and seconded by Councilman Heck to adjourn the 1970 Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. City Clerk Allen S. Lindman administered the Oath of Office to Councilman John Leary, The 1971 City Council was called to order by Mayor Cohen at 7 :50 P. M. Roll Call: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer, Thomas O'Hehir and Tom Loucks. Motion by Councilman Willard and seconded by Councilman Leary to reappoint Councilman Howard Heck as Mayor Pro -tem. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none, Motion carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -1 RESOLUTION DESIGNATING THE BROOKLYN CENTER STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71-2 RESOLUTION DESIGNATING THE FMST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -3 RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Heck and seconded by Councilman Ausen to confirm Mayor Cohen's reappointment of Robert Jensen as a member of the Planning Commission for a term of two years effective January 1, 1973. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Ausen to confirm Mayor Cohen's reappointment of Mr. Robert Grosshans as a member of the Planning Commission for a term of two years effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen. Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Willard and seconded by Councilman Heck to confirm Mayor Cohen's appointment of Mr. Robert Foreman, 7238 Dallas Road, as a member of the Planning Commission for a two year term effective January 1, 1971 to replace Mr. Adrian Dorenfeld whose term expired December 31, 1970. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Leary to confirm Mayor Cohen's appointment of Mrs. Paul (Cecilia) Scott, 4101 Lakeside Avenue, as a member of the Planning Commission for a term of two years effective January 1, 1971 to replace Mr. Charles Nichcls whose term expired December 31, 1970. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman V to confirm Mayor Cohen's reappointment of Mrs. Ruth Lind to the Park and Recreation Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to confirm M ayor Cohen's reappointment of Mr. Bruce Morrow to the Park and Recreation Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary., Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Leary to confirm Mayor Cohen's reappointment of Mrs. Thomas Snater to the Conservation Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were; none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to confirm Mayor Cohen's reappointment of Mrs. Delores Hastings to the Human Rights Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilman Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. I -2- Motion by Councilman Leary and seconded by Councilman Willard to confirm Mayor Cohen's reappointment of Mr. A. P. Weyrauch to the Human Rights Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Willard and seconded by Councilman Heck to confirm Mayor Cohen's reappointment of John Winkelman to the Human Rights Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Leary to confirm Mayor Cohen's reappointment of Mr. Robert Zerban to the Human Rights Commission for a three year term effective January 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Ausen to confirm Mayor Cohen's appointment of Mr. John C. Martinsen, 2713 - 64th Avenue North, as a member of the Human Rights Commission for a term of three years effective January 1, 1971 to replace Mr. Adrian Dorenfeld whose term expired December 31, 1970. Voting in favor were; Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Willard to confirm Mayor Cohen's appointment of Mrs. Paula Meyer, 2900 - 63rd Avenue North as a member of the Human Rights Commission for a three year term effective January 1, 1971 to replace Mrs. Leon Rankin whose term expired December 31, 1970. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Willard to confirm Mayor Cohen's appointment of Mr. Bill rignar, 6025 Abbott Avenue North, as a member of the Human Rights Commission for a three year term effective January 1, 1971 to replace Mr. Eugene Sullivan who resigned December, 1969. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Mayor Cohen then noted that due to additional considerations the appointment to the position of Chairman of the Human Rights Commission is being deferred until the next Council meeting. Mayor Cohen then stated that City Clerk Allen S. Lindman is being reappointed as the Mayor's representative as Weed Inspector for the year 1971 consistent with City Charter provisions. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -4 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71-5 RESOLUTION DESIGNATING COMMISSIONER AND ALTERNATE COMMIS- SIONER TO SUBURBAN SANITARY SEINER COMMISSION -3- The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Lea, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -6 RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRE- SENTATIVE TO THE HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore 'Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -7 RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRE- SENTATIVE TO THE METRO SECTION OF THE LEAGUE OF MTi\TNESOTA MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Vuillard, and the following voted against the same; nona, whereupon said resolution was declared dgly passed and adopted. Member Jbhn Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -8 RESOLUTION DESIGNATING DIRECTOR TO THE SUBURBAN SANITARY DISPOSAL AUTHORITY- The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck,and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen then suggested to the City Council that perhaps there should be a special meeting on Monday, January llth to discuss with State, `ounty and Metropolitan Council officials legislative proposals to be brought before the 1971 session of the Legislature. It was the consensus of the Council to invite Senator Nyquist, Representative Scherer, County Commissioner Lindgren and Metropolitan Council Representative Pennock to a meeting on Monday, January 11 to discuss various legislative programs. Councilman Willard left the Council table at 8:35 P. M. The neat item of business was a second reading of an ordinance updating the Uniform Building Code. The City Manager indicated to the Council that the ordinance was given first reading on DP ,-ember 7, 1970 and was published in the official newspaper on December 24, 1970. -4- Member Vernon Ausen introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 71 -1 AN ORDINANCE AMENDING CHAPTER 3 OF THE BUILDING ORDINANCE OF THE CITY OF BROOKLYN CENTER BY ADOPTING THE UNIFORM BUILDING CODE 1970 EDITION AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS TOGETHER NVITH APPENDICES INCLUDED IN SAID CODE, BY REFERENCE, AND REPEALING CONFLICTING PROVISIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 3 -101, ADOPTION OF THE U. B. C. WITH APPENDICES is hereby amended as follows: Those documents, 3 copies of which are on file in the Office of the (Village) Cit Clerk, being marked as "Uniform Building Code (1964) 1970 Edition" together with appendices included with said codes, published by the IdOrnational Conference of Building Officials excepting only therefrom the amendments and additions included in Chapter 3 of the Building Ordinance of the (Village) QLq of Brooklyn Center and excepting Section 303 entitled "Building Permit Fees" and Chapter 70 of the U.B.C. entitled "Excavation and Grading",, are hereby adopted by reference as the Building Code of the (Village) City of Brooklyn Center and all terms of said code and appendices thereto are made a part thereat as if fully set forth in Chapter 3 excepting for amendments and additions referred to. Section 2: Section 3 -102.1 is hereby amended as follows: The maximum allowable span of floor joists shall be those determined from Tatie No. (25 -0) 25 -T , Chapter 25, deleting therefrom Column 2 entitled 'Without Plaster Ceiling Below" in each of the groups through 4. Section 3: Section 3 -102.2 is hereby amended as follows: Type V buildings which are one or more stories in height shall have all exterior walls covered with solid sheathing. Sheathing shall be one or more of the following materials: (1) Boards not less than 1 nominal thickness, (2) Plywood not less than 1/2" thickness complying with Uniform Building Code Standard (25 --11- 64).25 -9, (3) Fiberboard not less than 1/2" thickness complying with Uniform Building Code Standard (22- 1-64) 25 -24, (4) Gypsum sheathing shall not be used. Section 4; Section 3 -102.3 is hereby amended as follows: Plywood roof sheathing having a minimum thickness of 1/2 inch may be used. Adequate blocking or edge supports shall be used when the span exceeds 24 inches O.C. for 1/2 inch plywood, 32 inches O.C. for 5/8 inch plywood and 36 inches O.Q. for 3/4 inch plywood, in compliance with Table (25 -P) 1§=g of U.B.C. Section 5: This ordinance shall become effective after adoption and thirty days following its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. -5- Councilman mrillard returned to the meeting at 8:38 P. M. The next item of business was an ordinance amending Chapter 27, The City Manager indicated to the Council that the ordinance was given first reading on December 7, 1970 and published in the official newspaper on December 24, 1970. A brief discussion ensued regarding provisions of the proposal whereu n Councilman Willard then indicated that he and been in contact with certain snowmobilers and had suggested that there be a voluntary snowmobile safety patrol. He stated that since his meeting with the snowmobile group, they had been working with Sgt. Beach of the Police Department 1p organize and set fort standards and criteria for a voluntary snowmobile safety patrol. Mr. Willard then introduced Mr. Lee Snapko who gave a brief presentation of a snowmobile safety patrol proposal. He was encouragedby Council members to further pursue the development of the proposal through the administration for subsequent Council review. Councilman Willard then stated that he had been working with the snowmobilers and Chairman of the Conservation Commission to establish snowmo- bile trails in the Palmer Lake Basin area. He briefly reviewed the proposed snowmobile trails and indicated that there are minor problems to be ironed out but felt that they would be resolved within the next week. Member Theodore Willard introduced the following ordinance and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 71-2 AN ORDINANCE AMENDING CHAPTER 27 REGARDING THE REGULATION OF THE USE AND OPERATIO Of' SNOWMOBILES The motion for the adoption of the foregoing ordinance was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; nd the following voted against the same: none, whereupo said ordinance was; declared duly passed and adopted. The next item of business was consideration of an ordinance amending Chapter 34. The City Manager stated that the ordinance was given first reading on December 7, 1970 and published in the official newspaper on December 24, 1970. Member Howard Hecn introduced the following ordinance, moved to declare a complete second reading and further moved its adoptions ORDINANCE NO. 71 -3 AN ORDINANCE AMEND CHAPTER 34 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 34 of the City Ordinances is hereby amended by the addition of the following: Section 34- 140.3A (2) (c ) Outdoor Sales and Displ An individual establishment ha vin q arc ross building floor area in excess of 24,000 squa f eet and a_m lot located uAon a land aka of at least 4 acres may have P a s freestanding sign providing 50% of the land ar is utilize for outdoor sales, display and storage of merchandise. -6- The second freestanding sign shall not exceed 125 square feet in area_, 24 feet in height above the buildilgffirst floor elevation, and have a minimum separation of 200 feet from the principle freestanding si nc�. An individual establishment is not eligible for a second freestanding sign as promulgated by this subsection if it is: 1. Utilizing non - conforming signs on the .premises; and /or 2. the additional sign would be located within 150 feet of residentially zoned prop=; and /or 3. is located on a corner lot and qualifies for a second freestanding sign as promulgated by Section 34- 140.3A (L) (a) of this O rdinance. Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Howard Heck; and the following voted against the same: Theodore Willard, whereupon said ordinance was declared duly passed and adopted. The meeting recessed at 9;10 P. M. and resumed at 9:25 P.M. At this time Councilman Willard requested that the City Council consider a proposed snowmobile trails for Palmer Lake Basin from 7 :30 P.M. to 8 :00 P.M. at its meeting of January 11, 1971. It was the consensus of the Council to hear such proposal if a finalized document will be available at that time. The next item of business was discussion in regard to the sanitary sewer rate study report. The City Manager introduced the item and gave a brief summary of previous City Council discussion as it related to the rate study and then indicated that the report now contains additional information in regard to projected operating revenues and expenses. A discussion ensued regarding the provisions of the report and the possible merits of establishing a residential rate structure based upon metered water consumption rather than a uniform flat rate. It was concluded that a sufficiently large number of residences in Brooklyn Center were not connected to the municipal water irlatom themforrendeiing the metered water rate basis somewhat infeasible. Mayor Cohen inquired as to possible provisions for a previously discussed senior citizens rate reduction. The City Manager responded that in the absence of 1970 census data, evaluations have been made of 1960 and 1 °65 census data combined with information from the federal social security records and county welfare records indicated that there were approximately 1100 people who might qualify for such a rate reduction in Brooklyn Center. He stated that very preliminary calculations indicated that an increase in the recommended rate of 20� to 50� per single family residence per quarter would be required to subsidize such a rate reduction. Discussion ensued regarding the impact and degree of relief which could be provided by a 50% reduction in sewer rates for senior citizens and possibly others; discussion also revolved around other forms of tax levies to provide subsidies for such relief. It was the consensus of the Council that the sewer rate report recommendation was well- founded and that it should serve as the base for the forthcoming public hearing on sanitary sewer rate adjustments on January 18, 1971. It was further the consensus of the : Council that additional study should be conducted to determine the nature of and the ability of the City to develop a financial relief program for senior citizens. The next item of business consisted of a review by the City Manager of the provisions of the proposed nursing home ordinance and regulations. A summary of the proposed ordinance was presented and questions were answered in clarification of certain of the provisions. The general positions of nursing home industry representatives were reflected by the City Manager with regard to the various ordinance provisions. Upon completing an introduction of the ordinance provisions portion of the proposal it was the consensus of the Council that the proposal con- tinue to be refined for subsequent hearing and possible adoption. -7- Motion by Vernrn Ausen and seconded by john Leary to approve the following licenses: Cigarette License Brookdale motors, Inc. 2500 County Road 10 Brooklyn Pure Oil 6901 Brooklyn Blvd. Casey's Super Market 1900 - 57th Ave. No. Brooklyn Center City Hall 7100 Brooklyn Blvd, Brooklyn Center Liquor Store #1 6445 Lyndale Ave. No. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 Brookdale Center Country Club Market 5715 Morgan Ave. No. Donaldson's Brookdale Center Marc` s Big Boy 5440 Brooklyn Blvd. Northern States Power 4501 - 68th Ave. No. Pat -Nik, Spur Station 3521 Elm Lane Piggly 14riggly 6215 Brooklyn Blvd. Taco Towne (Pioneer Vending) 6219 Brooklyn Blvd. Shopper's City 3600 - 63rd Ave. No. State Farm Insurance Brooklyn Center Industrial District Superamerica 1901 - 57th Ave. No, Tabacccland of Brookdale 1301 Brookdale Center William's Cafeteria Brookdale Center Brookdale Chrysler - Plymouth 6111 Brooklyn Blvd. Green Giant (Viking Enterprises) 714 Park Sears Roebuck and Co. Brookdale Center Garbage and Refuse Hauling License Boyer Garbage Service Hamel, Minnesota Country );Vide Sanitation 7106 France Ave. No. Menglekoch Co. 119 N.E. 14th Street Maroney's Service Route 3, Box 30A Hilger Transfer, D. Klatke 6721 - 59th Ave. No, LaBelle Sanitary Service 2939 Vera Cruz Ave, No. Gasoline Service Station License Brooklyn Center Shell Service 6245 Brooklyn Blvd. Howe, Inc, 4821 Xerxes Ave. No, Sears Roebuck and Co. 1297 Brookdale Center Shopper's City 3600 - 63rd Ave, No. Sipe Bros. Texaco 6810 Brooklyn Blvd. Superamerica 1901 - 57th Ave. No. Non-Intoxicating Malt. Liquor "Off -Sale" License Casey's Super Market 1900 - 57th Ave. No, Country Club Market 5715 Morgan Ave. No. Piggly Niggly 6215 Brooklyn Blvd. Shopper's City 3600 - 63rd Ave. No. Non- Intoxicating Malt Liquor "On- Sald'License Taco Towne 6219 Brooklyn Blvd, jolly Green Giant Restaurant 5540 Brooklyn Blvd. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by john Leary to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 12:0 A. M. C erk Mayor t� CITY OF S- ZO01,.LYN CENTER ORDINANCE NO. 71 -2 A ORDINANCE AMENT ING CHAPTER 27 REGARDING THE tF REGULA'T'IONS OF THE I , USE AND OPERATION OF SNOVVIVIOBILES THE CITY' COUIMCLL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 27 of the City Ordinances is hereby amended by the repeal of the following: ( Section 27 -001. STATEMENT OF INTENT. It is the intent of this ordinance to supplement Sections 84.81 through 84.89 and Chapter lG , 1Vlinnesota Statutes, with respect to the operation of motorized vehicles com monly called snowmobiles .This ordinance is not intended to allow what the State Statutes prohibit nor to prohibit what the State Statutes expressly, allow.) ( Section 27 -902 DEFINI`T'IONS. The terms used in this ordinance shall have the following meanings: Person means an individual, partnership, corporation, and any body of Persons, whether incorporated or not. Snowariobile - means a self - propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners Owner - means a person, othar than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. Operate - means to ride in or on and control the operation of a snowmobile. Operator - means every person who operates or is in actual physical control of a snowmobile. Roadway - means that portion of a highway or street which is improved, designed, or ordinarily used for vehicular travel.) ( Section 27-903. OPEp�-ITIONS. It is unlawful for any person to operate a snowmobile or for an owner to permit his snowmobile to be operated: (1) on the pri property of aric L110r person without first securing the permission of the owner of sald property or of the person entitled to possession and control of said property; (2) on publicly owned land and easements including schools, park property, playgrounds, and recreational areas under the jurisdiction of the City' of Brooklyn Center, except where expressly permitted and posted through resolution of the City Council; on a O sheet boulevard or an s idewalk, a a y walkway y or land. designated for such use;) ( (4) C ireti;tly across a City roar w -Iy unless: (a) the operator is 18 years or more of age; (b) an operator who is 14 years or more of age and less than 18 years of age possesses a valid snowmobile safety certificate issued by tiie Ninnesota Commissioner of Conservation; (c) the crossing is made at an angle of approximately 90 to the direction of the roadway and at a place where no obstruction prevents a quick and safe crossing the snowmobile is bro to a complete I I g () g p stop before crossing the roadway; (e) the driver yields the right -of -way to all on- coming traffic which constitutes an immediate hazard; (5) along a City roadway unless: (a) the operator is eighteen years or more of age; (b) the operator who is less than 18 years of age and at , least 16 years of age possesses a valid snowmobile safety certificate issued by the Minnesota Commissioner of Conservation; (c) the operator who is less than 16 years of age and at least 14 years of age possesses a valid snowmobile safety certificate issued by the Minnesota Commissioner of Conservation and he is accompanied by a person 16 years or more of age who possesses such a snowmobile safety certificate and who is actually occupying a seat in or on the vehicle (d) the snowmobile is brought to a complete stop at each street intersection which is encounters; (e) the snowmobile proceeds along the rigilt hand side of the street in single file. (6) along a public street while towing a toboggan, sled, or similar device; (7) within the City limits of the City of Brooklyn Center between the hours of 11° 00 P M to 7 1� M except that it shall not be unlawful to operate o P.M. .. e e 1 p p l a snowmobile until midnight on Friday and Saturday; (8) at a rate of speed greater than reasonable or proper under all surrounding circumstances; (9) carelessly or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger, or be likely to endanger, an person or g Y g any I (10) while under the influence of "intoxicating liquor or narcotics or habit forming drugs; (11) without a lighted headlight wacn required for safetyi said headlight having a minimum candle power of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions; ( 2) without a lighted taillight when required for safety, said taillight being red in color and having a minimum candle power of sufficient intensity to be plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions; ) li, ( (13) Wi Ciaoait at least iG aruare hio ies of reflector material mounters on each side of the snowmobile forward of the handle bars; (14) without brakes, _adequate to control the movement of and to stop and to hold the snowmobile under any conditions of operation; (I5) without a safety or so- called "dead man" throttle in operating condition Such throttle i e sd fin a adefined s device which when u press re is removed from the accelerator or throttle causes the motor to disengage from the driving track; (16) a muffler in good working order which is in constant operation to prevent excessive or unusual noise. Said muffler shall meet the minimum requirements established by the Minnesota Commissioner of Conservation.) ( Section 27 -904 PENALTIES Any person.who shall violate the provisions of this ordinance shall, upon conviction thereof be punished by a fin;: not to exceed Three Hundred ($300.00) Dollars and imprisonment not to exceed ninety (90) days. ) Section 2: Chapter 27 of the City Ordinances is hereby amended by the addition of the following Sectioa 27 --901. DEFINITIONS. Por the 7 )urn03es of this ordinance, the terms used herein shall have the following meanings ascribed to them: Perso_h. - includes an iraclividual partnership, corporation, the state and it.s agencies and subdivisions and any body of persons, whether incorpor ated or clot . S ed for travel on snow or ice or natural terrain steered by wheels, skis or runners Owner - means a iDerson, other than a lien holder having the property in or title to snowmobile entitled to the use or possession thereof Operate - means to ride in or on and control the operation of a snowmobile Operator means every person who operates or is in actual physical control of a snowmobile, Roadway - means that po rtion of a Iii(jilway improved_ , designed, or ordinarily used for vehicular travel, including the shoulder. Stre or h ighway - means the enti width between boundary lines of a_ n way r places wh Y 1 � en any part thereof is open to the use of the public., as a matter of right, for the purposes of vehicular traffic. Section 27 -902. OPERATION ON S`l'I;EETS AND HIGHWAYS 1 o No person shall Op a s upon the roadway, shoulder or ins ba ll,", of s lope of an tr uiak, co state aid, or county highway in t-1 - As City and, il the cas of a di vided trunk or county highway, on the right of wa between tl je opposing lanes of - t raffic, except as provided in this Ordinance, n or s ha1 1 o 0e on any such highway be permitted where - the roadway directly abuts a pub sidewalk or walkw o 1 ii used for private purposes. No person shall opera a s with the right of way of any trunk, county sta aid, or cOU ILAY highway b the ho of one -half hour after sunset to _ one.-half hour be sunrise, except On t ira right land side of such right of way an in the same direction as t he highwa traffic on the nearest lane of the roadway adjacent No s shall ba operated at any time within the right of way of any interstatehighway or freeway within this state 2 0 A siiowi inay make a direct crossing of a street or highway except at an interstata higi or freeway, provide a. `l'he crossing is made at an an gle of approximately, 90 degrees i_o t he d irection of the street or highway and at a place where no _ obstruction prevents a quick and safe crossing by T snow mobile is br ou.xilt to a complete stop before crossing the shoulder or main traveled way of the highway C The driver yields the rig o f way to all oncoming traffic which constitutes an immediate hazard. do In crossing a div street or hi the crossing is mad o nly at all intersection of such street or highway with arjother public street or highway 0. If the crossing is made b etween the hours of one -half hour after sunset to one -half hou before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. 3. No snowmobile shall enter I-) intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or t2edc5trians which constitute an .immediate hazard 4. Notwithstanding any prohibition in this Ordinance, a snowmobile may L;D operated On a public thoroughfare in a eme rgency during the period of t w pan and at locations where snow upon the roadway renders travel by auto mobile impractical. I P t as otherwise s a lly p and authorized, it is unlawful for any person to o - j)erate a snowmobile within the limits of the City of Brooklyn Center 1 On a public side or walkway provided or used for pedestrian travel or along a street boulevard. 2, On private oroperty of another without lawful authority or consent of the owner o:c eccUpallt 3. 01" any publicly owned lands and frozen waters, including but not l.i.nlited to school grounds, park proiDeriv. . play grounds, recreation areas and golf -- -- c o m'ses exce areas previously lisied o authorized for such use by the proper public au�jlor.ttiv, i11 whicrl case such 1 ?. se should be lawful .and snowmobiles may be drivels in and out of slzcn area: by fife shortest routem t�uthorized areas in the C,fiy of Brooklyn Center awned by the Ciiv shall be designated by Council resolution. 4, At any glace. wiftile under the influence of intoxicating liquor or narcotics of 11abit formin t dr uaa s , 5 �_At a r ate of s peed greater titan reasonable or proper under all the suiroundiiig Go At any F�lace in a careless, re ckless or negligent manner so as, to endawier the perso?i or ofoaeriv of another or to cause injury or damage thereto. 7. So as to tow any person or t on a public street or highway except t lrouah use of a rigid tow bar abached io the rear of the snovvnlobileo 8 At a s;oe gre inan ten tables an hour when within 100 feet of any .. C%c ,siiore e Sc (e2t ill channels , or of fisneiman ice h or ska _ o , _ rinks nor shall opera be oe rmiaed v iihin. 100 L3et of any sliding area nor where the c.2crQtion wOUW conflict with the lawful use of uroperty or would endanger -other jjarsons or pro„)ert . - u.n a manner so as to create a J.oud, uni�e:,essary or unusual noise which disturbs,, annoys or interferes wills tole peace and quiet of other persons 100 ursng the ho fr:oi�l 11, 00 ?, M, to 7 :00 A. Nlo of any day e «cept thcl it shall not be unlawful to o aerate a snowmobile until Ylidnight on Friday and Saturday. Section 27 -9 04. T;(�Ub.i M- 1 :'iVT, it is 1111 �luWfu l for a iry 130 ;3 fl:a to c, ,cra a snovvmo le anv ,place within the lfmiis of the C iiy of 13roo,;I/),I ("ezii:er unless it is equip,?ed v °;i ih the following; 1 f`)e mufflc rs which are p fL Iei Iy attached , and a - constant operation, ai.cl vrilich red the noise of of;era o rll alotor t t tie 3lydiliitlut�l t�etess for - _- -- �._ o iv o Jeraczon 1Vl ufflers shall comply v; ire ,l.11 o CCiT 55 17i ii pi t is here ado-oted by reference as it existed on Lotell 1, 19700 No person sha ?l use a muffler cutout. by -pass, strai ht p e or similar _device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound 2 0 1Utc1! e:> a dequat e - tu cui- trot .tlie i.iovernerrt of and to stop and hold the snowmobile under any conditions of operation. 3. A safety or so -calle "deadtiian "throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged �. from the driving track. . 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hoi ii's of darkne under normal atmosphe conditions. Such head lamp shallbe so aimed that gl rays are not projected into the eyes of an oncoming vehicle Gp(-"rator� It shall also be with at least one red tail lamp having a minimum candle povv suf ficient irii;ens_iiy to e, _hibii a red light plainly visible from dis- tance of 500 feet to the rear d the ho of darkness under normal atmospheric c,o_ Iditions . The equipment to be in operating condition when the vehicle is operated b etwean ti hours of one -half hour after sunset to one -half hour before sunrise or at times of reduced visibility. 5. Reflective illatnrial at l eas t 16 square inches on each side, forward of tiie Handlebars, so as t o reflect or beaia light at a ninety degree angled Se 27 -905 A2P IC;A'iIOiV O OT I4ER LAWS. City �r.raffic ordinances shall ai�ol to tie operation of a - 1owi1i ob ilcs u3on streets and highways, and Minnesota Statutes 1969, Sections 04.81 t 84.03. and N Statutes 1969, Chapter 169 e��u4.ot for iiaose r�rovisio,a, relaiii�g to r e.,uired equipment, are hereby adopted by refo ence, e <Xept those provisions whicix by their nature have no application Section 27 -906 PERSONS UNDER 18. 1. No I >erson under 14 years o acre shall operate on streets or highways or i,iaka a dir&�L crossing of a street or hiain as the operator of a snowmobile. A jerso 3 14 41ears of age or older. but les than 18 years of age may operate a snotiviiouile oil streets or highways as pe i,llitLed under this Ordinance and make a Qir oc,c crossin�l ihercof only if he has in i,­+.s immediate possession a valid snowmobile sLlie y certificate issued by tile commissioner of conservation as provided by Minnesota Statutes 1969, Section 84.860 2. It is unlawful f or file owner of a snowmobile to permit the snowmobile' to be operated coni:rary to the provisions of this section, Seci:ion /27 -901 . UNATTENDFD Every r)erso leaving a snow in a public place shall lock the ignition, remove the Ivey and take tile same with hi-in. Section 27 °908. CHASING A NIINALS FORBIDDEN, It is unlawful to intention drive, chase, run over or ki11 anv animal, wild or domestic, with a snowmobile Secti011 2'/ VIOLATICATS, Ev 3 erson coizvicted o:E a violai:ion of anv of the provisions of this Ordinance H :U, punished by a fine of not more than three hundred dollars ($300.00) or by iil �ris ��nment for period of snore than ninety (90) days, or both, but in either case file costs of prosecution may be added Section 27 -910. SEVER[UlLIT'Y, Sho an se ction, subdivision clause or other provision of this Ordinance Le Tie1d to be invalid. by a court of competent jurisdiction, such decision shall not affoct the validity of the Ordinance as a whole or of any part thereof other than the part held to be invalid. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 4t h day of J anuary 1971 Mayor ATT' • � ^C Clerk Published in the official newspaper December 24 1970 Effective date _Ianuary 23, 1971 (Brackets indicate matter to be deleted and underline indicates new matter)