HomeMy WebLinkAbout1970 02-16 CCM Regular Session Minutes of the Proceedings of the City
Council of the City of Brooklyn Center
In the County of Hennepin and State of
Mingies
February 16, 1970
The City Council met in session and was called to order by Mayor
PhIllp Cohen at 7:32 P. M.
Roll Call: Philip Cohen, john Leary, Vernon Ausen and Howard Heck.
Also present were: Donald Poss, Paul Holrrlund, James Merila, Richard Schieffer,
Robert Haarman and B.E. Peterson.
Reverend Amos LeVang of Brooklyn Center Assemblies of God Church
offered the invocation.
Motion b John
and seconded Vernon Ausen to Y T Leary and by V rn n Au approve the
minutes of the February 2, 1970 meeting as submitted. Voting in favor were:
Philip Cohen, John Leary, Vernon Ausen and Howard Heck Voting against were:
none. Motion carried unanimously.
Motion by Vernon Ausen and seconded by Howard Heck to approve the
minutes of the February 9, 1970 meeting as submitted. Voting in favor were.
Philip Cohen, John Leary, Vernon Ausen and Howard Heck. Voting against
were: none, Motion carried unanimously.
Motion by Howard Heck and seconded by Vernon Ausen to confirm
Mayor Cohen's appointment of Reverend Wayne W. Mensing to the Human
Rights Commission for a three year term commencing January 1, 1970 to replace
Reverend Ray Lindquist whose term expired December 31, 1969. Voting in favor
were: Philip Cohen, john Leary, Vernon Ausen and Howard Heck. Voting against
were none. Motion carried unanimously.
Member Vernon Ausen introduced the following resolution and moved
its adoption:
RESOLUTION NO. 70-24
RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING &
SIDEWALK IMPROVMENT PROJECT NO. 1970 -3 AND CURB & GUTTER
IMPROVEMENT PROJECT NO. 1970 -4 AND ORDERING PREPARATION OF
PLANS AND SPECIFICATIONS
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 and Howard Heck; and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
The next item for Council discussion related to a proposal to amend
Chapter 17 as a means of implementing certain terms of approved labor agreements
In 1969 and 1970. A brief discussion ensue regarding each of the sections
of said ordinance. (Councilman Willard arrived at 7 :53 P. M.)
Motion b John Le and seconded and
Y T Leary by row Heck to declare H
a first reading of the following ordinance:
AN ORDINANCE AMENDING CHAPTER 17 Or THE CITY ORDINANCES
Voting in favor were: Philip Cohen john Leary, Vernon Ausen, Howard Heck and
Theodore Willard, Voting against were: none. Motion carried unanimously.
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Member Howard Heck introduced the following resolution
and moved its adoption:
RESOLUTION NO. 70-25
RESOLUTION RECOGNIZING THE hL'ED FOR UNIFORM SNOWMOBILE
REGULATIONS WjTHIN THE MUNICIPALI`?'A .8 OF HENNEPIN COUNTY
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,
The Council next considered a snowmobile ordinance amendment
Previously considered at the February 2, 1970 Council meeting. Said ordinance
was deferred in order to allow the City Manager to confer with managers of
abutting communities relative to specific and common snowmobile curfews.
After considerable discussion among each of the Councilmen as to restricting
the hours of snowmobile operation on Friday and Saturday, it was the general
consensus of the Council to enact the draft ordinance as written.
Motion by John Leary and seconded by Vernon Ausen to declare a first
reading on the following ordinance:
AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY ORDINANCES
Voting in favor were; Philip Cohen, john Leary, Vernon Ausen and Howard Heck.
Voting against were: none. (Theodore Wiilerd abstained because he favors
uniform hours from 11;00 P. M. to 7;00 P.M., seven days a week). Motion
carried.
The Council next considered that part of Planning Commission
Application No. 69067 submitted by United National Investors relative to
approval of a vertical multiple chamber incinerator proposed to be installed in
a new Country Club Market located in the Northbrook Shopping Center. Said
matter was deferred by the Council on January 19, 1970 for thirty days to permit
Councilmen to individually evaluate the vertical multiple chamber incinerator
disposal method versus a stationary compactor container waste disposal
method.
The City Manager reviewed past events relative to the matter, stating
that the proposed incinerator would meet the emission standards established by
the Pollution Control Agency of Minnesota. Considerable discussed ensued
regarding the merits of a stationary compactor container waste disposal system
versus that of a vertical multiple chamber disposal method. Comments were
solicited from the applicant and interested parties and testimony was offered
relative to the operating procedures of a vertical multiple chamber incinerator
and the economic cost of operation and maintenance of such an incinerator
versus a stationary compactor container waste disposal method.
A motion was made by Theodore Willard and seconded by john Leary
to direct the City Manager to draft a resolution approving Planning Commission
Application No. 69067 submitted by United National Investors approving a
veridical multiple chamber incinerator for their new Country Club Market and listing
findings of fact related thereto as follows:
1. The proposed Atlas Vertical Multiple Series Chamber Incinerator
as manufactured by Anti - Pollution Devices, Inc. and to be installed in
said Country Club Market at Northbrook Shopping Center meet the
Minnesota Pollution Control Agency's ambient air quality standards and
air pollution control regulations.
2. That said Atlas Vertical Multiple Series. Chamber incinerator meets
air pollution ordinance abatement standards of the City of St. Louis Park,
Minnesota.
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3. That the installation of a stationary compactor container waste
disposal system would cost $10,000 to $11,000 plus $60 waste hauling
expense each 5-�7 days, while the incinerator would cost $4800 plus a
monthly $35 cost for interior maintenance of said incinerator,`
4. That there is no clear evidence that either disposal method was
measurably superior to the other as a pollution control device.
Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, and Theodore
Willard. Voting against was Howard Heck, Motion carried.
Representatives of the Country Club Market and Anti- Pollution Controls,
Inc. were warned that mis- operation of the incinerator device or a tightening of
PCA emission standards in the future could result in undesirable consequences
regarding continued incinerator operations.
The next matter considered by the Council was Planning Commission
Application No. 69061 submitted by Ed Petsuch Realty requesting a special use
permit for a "special home occupation" to permit the employment of not more than
one non resident at 4800 71st Avenue North. The City Manager reviewed events
relative to this application whereupon Mayor Cohen called for comments from the
floor. There followed a lengthy discussion among the City Council members,
City staff and property owners adjacent to said applicant regarding the application.
Mayor Cohen acknowledged a petition submitted to the Council on
November 5, 1969 opposing the subject application. After further discussion, a
motion was made by Vernon Ausen and seconded by Howard Heck to close the public
hearing regarding said application. Voting in favor were: Philip Cohen, John Leary,
Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none.
Motion carried unanimously.
Discussion of the application among Council members centered on illuminated
signs, and Section 35 -900 of the City Ordinances (Home Occupations, Specia and
whether or not the addition of one employee would increase the level of activity
in that neighborhood,
Motion by John Leary to approve Planning Commission Application No 69061
requesting a special use permit for a "special home occupation" so as to allow the
employment of not more than one non- resident at 4800 - 71st Avenue North with the
stipulation that subject special use permit be reviewed in one year. At this time
(10:55 P. M.) Mayor Cohen turned the Chair over to Mayor Pro -tem Howard Heck and
seconded the motion. During the discussion of the motion, a motion was made by
Theodore Willard and seconded by Vernon Ausen to amend the main motion to provide
that all signery except the single approved freestanding sign shall be specifically
prohibited during the life of the special use permit and that the lighting on the free-
standing exterior sign shall be extinguished from 10 :00 P.M. to 7 :00 A. M. Voting
in favor to amend the main motion were: ohn Lea Vernon Ausen Howard Heck
J r'Y • r
and Theadere Willard. Voting against was: Philip Cohen, Motion carried. Voting
in favor of the main motion were: Philip Cohen, John Leary, Vernon Ausen and
Theodore Willard. Voting against was: Howard Heck. Motion carried.
The meeting recessed at 11;15 P. M. and resumed at 11 :40 P. M.
At this time Mayor Cohen requested that the Council hear a complaint from
Raymond Mattson, 3rd Ward Alderman, City of Robbinsdale. Mr. Mattson spoke
to the Council regarding the high pressure type of salesmanship he received from
the European Health Spa, Saturday, February 14, 1970 at 8:30 P. After
Mr. Mattson's complaint, Mr. Arthur Hawes of 3659 Quail Avenue North, Robbinsdale
also registered a complaint to the Council regarding the salesmanship practices of
the European Health Spa. After some discussion on the matter among members of the
Council, Mayor Cohen extended his regrets to Mr. MatWo and Mr. Hawes. A
motion was made by John Leary and seconded by Howard Heck to authQa Ize the
Mayor to investigate said complaint regarding the salesmanship tactics Hof the
European health Spa. Voting in favor were: Philip Cohen, John Leary -, Vlemon
Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion
carried unanimously.
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The Council next considered Planning Commission Application No. 70004
submitted by Thomas Construction Company requesting a variance from Section
15 -104 of the City Subdivision Ordinance which would permit subdividing
without platting that property located at 824 and 816 - 69th Avenue North.
Following a brlef overview of past events by the City Manager
and an introduction of the application by staff member Haarman, a motion
was made by Theodore Willard and seconded by Vernon ,Ausen to approve
poication Noe 70004 requesting a variance from the Subdivision Ordinance
be approved with the following condition;
1. Prior to the issuance of building permits on the subject
property the City Engineer shall recommend whether or not corner
lot setbacks will apply.
Voting in favor were: Philip Cohen, John Leary, Vernon Ausen,. Howard Heck
and Theodore Willard. Voting against were: none Motion carried unanimously.
The next item for Council consideration was Planning Commission
Application No. 70003 submitted by R. J. Travis requesting a variance from
Section 15 -104 of the City Subdivision Ordinance which would permit subdividing
without platting that property located at 5419 Girard Avenue North. Following
an overview by the City Manager and introduction by staff member Haarman,
a motion was made by Howard Heck and seconded by John Leary to approve
Application No. 70003 requesting a variance from the Subdivision Ordinance.
Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck
and Theodore Willard. Voting against were; none. Motion carried unanimously.
The Council next considered Planning Commission Application
No. 69066 submitted by Henry Stenquist requesting a special use permit to
conduct a "special home occupation" at his residence at 7100 Willow Lane.
r The "City Manager reviewed events relative to this application, citing the fact
that the Planning Commission Secretary was directed to obtain a legal opinion
from the City Attorney relative to the definitions of "home occupation "' and
"home occupation, special". The opinion stated, among other things, that the
ordinance does limit the number of "home occupations" and/or "home occupations,
special ", to one (1) per dwelling and that group activities would require ;a
special use permit. Staff member Haarman illustrated for the Council the
location of the subject application's property.
The Mayor and Council heard a statement from the applicant. Following
this, the Council heard comments from property owners adjacent to said applicant,
from . Planning Commission Chairman Jensen and from the City Attorney. A
lengthy discussion followed among members of the Council relative to the
merits of the application and the opinion of the City Attorney regarding the
number of home occupations permitted in a single dwelling unit.
Motion by Howard Heck and seconded by Vernon Ausen to deny
Planning Commission Application No, 69066 submitted by Henry Stenquist
requesting a special use permit to conduct a "special home occupation" at
his residence at 7100 Willow Lane because said application comprehends the
maintenance of two "special home occupations" contrary to the City Attorney's
opinion that only one such activity might be permitted at a single dwelling unit.
Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously.
Motion by Vernon Ausen and seconded by Theodore Willard to request
that the Planning Commission study the matter of home occupations in single
family dwellings and recommend to the City Council any resulting conclusions.
Voting in favor were; Philip Cohen, John Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Voting against were; none. Motion carried unanimously.
The Council next considered Planning Commission Application No. 70007
submitted by Northern States Power Company requesting site and building plan
approval for an addition to the present electric sub - station located at
4911 France Avenue North.
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Following an overview of the application by the City Manager, a
motion was made by Theodore Willard and seconded by john Leary to approve
Application No. 70007 submitted by Northern States Power Company requesting
site and building plan approval with the following conditions
1. A bite n.1nous driveway must be installed subject to the
approval of the City Engineer,
2. Building plans are subject to the approval of the Building Inspector
with respect to applicable building codes;
3. In accordance with ordinance requtrements of Section 4 -501,
Northern States Power Company must initiate immediate action
and connect sub- station plumbing to the City sanitary sewer
system; and
4. The existing cesspool must be discontinued and filled with
suitable material.
Voting in favor were; Philip Cohen, John. Leary, Vernon Ausen, Howard Heck and
Theodore Willard. Voting against were: none. Motion carried unanimously.
The City Manager requested that at this time Cerny Associates, Inc.
be allowed to present to the Council a modified layout drawing of the Council
Chamber and other areas related thereto in order to expedite Civic Center con-
struction drawings. Richard Gilyard and Robert Pierce briefly explained the
modifications to members of the Council and it was the consensus of the
Council to approve the modifications. The City Manager announced that there
will be a City Council and Citizens Architectural Advisory Committee meeting
with the Cerny Associates on February 23, 1970 to review final construction
drawings for the Civic Center complex. `
The Council and staff next considered the Civil Defense Ordinance which
was first read on January 19, 1970 and published on January 29, 1970. The
City Manager reiterated that the Civii - .Defense Ordinance was generally based
on a motel ordinance developed by the State of Minnesota Department of
Civil Defense in conjunction with the League of Minnesota Municipalities and
then generally reviewed the provisions of the ordinance with the Council. A
discussion ensued relative to the payment of Civil Defense Police Reservists,
the distinction between Civil Defense and non -Civil Defense police services,
and the possible advantages of a non- Civil Defense police reserve capability.
Membem of the Civil Defense Police Reserve unit were present and were
represented by Reservist Clarence Lewis.
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. 70 -2
AN ORDINANCE REPEALING CHAPTER 31 OF THE CITY ORDINANCES
ENTITLED "WAR AND CIVIL DEFENSE" AND ADDING A NEW CHAPTER
31 - "CIVIL DEFENSE ORDINANCE"
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, Howard Heck and
Theodore Willard; and the following voted against the same: none, whereupon
said ordinance was declared duly passed and adopted.
Member Howard Heck introduced the following resolution and moved
its adoption:
RESOLUTION NO. 70 -26
RESOLUTION APPROVING AGREEMENT WITH BROOKLYN CENTER POLICE
CLERK - DISPATCIT AND SETTING 1970 SALA MS
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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 Theodore Willard and seconded by Howard Heck to approve
the following licenses:
CISarette License
Viking Enterprises 714 Park Avenue
Food Establishment License
Berean Evangelical Free Church 6625 Humboldt Ave. No.
Bess's Eat Shop 3701 - 50th. Ave. No.
Bridgeman's Creameries, Div. 6201 Osseo Road
Brookdale -Red Owl 5425 Xerxes Ave. No.
Brookdale Super Valu 5600 Xerxes Ave. No
Brooklyn Center Baptist Church 5840 Humboldt Ave. No.
Brooklyn Center Country Boy 4401 - 69th Ave. No.
Brooklyn Center Evangelical Free
Church 69th & Quail Ave. No.
Casey's Market 1900 - 57th Ave. No.
Cross of Glory Lutheran Church 5940 Ewing Ave. Nos
Dayton's, Inc. 1100 Brookdale Center
Donaldson's, Inc. 1200 Brookdale Center
Earle Brown Elementary School 5900 Humboldt Ave. No.
II FmW. Woolworth Co. 1212 Brookdale Center
Fanny Farmers, Inc. (Nos 12 1) 1236 Brookdale Center
Fanny Farmers, Inc. (No. 123) 1236 Brookdale Center
Garden City Elementary School 3501 -• 65th Ave. No,
Green Giant Restaurant 5540 Osseo Road
Harron Methodist Church 5452 Dupont Ave. No.
Kentucky Fried Chicken 5512 Osseo Road
LaCrosse Dairy Store 5845 Lyndale Ave. No,
Lutheran Church of Triune God 5827 Humboldt Ave. No.
Lynbrook Bowl 6357 No. Lilac Drive
Malmberg's Bakery 5716 Morgan Ave. No.
Mangel & Hill Meat Co. 1248 Brookdale Center
Maranatha Baptist Home 5401 - 69th Ave. No.
Marc'd Bag Boy, Inc. 5440 Osseo Road
Northbrook Alliance Church 6240 Aldrich Ave. No.
Northport Elementary School 5421 Osseo Road
Orchard Lane Elementary School 6201 Noble Ave. No.
Rog & Jim's Superette 6912 Osseo Road
Roy's A. & W. Drive Inn 6837 Osseo Road
Servomation- -Twi.n Cities, Inc. 4301 - 68th Ave. No.
Snyder Bros. Drag, Inc. 1296 Brookdale Center
St, Alphonsus Church & School 7025 Halifax Ave. No.
Superamerica, Inc. 1901 - 57th Ave. No.
Taco Towne 6 219 Osseo Road
Williams Cafeteria 1269 Brookdale Center
rba a and Refuse aulin
H Li cense
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Ace Solid Waste Management 1005 - 117th Ave. N.E.
Woodlake Sanitary Service 228 So, Master Street
Non- Perisha Food Vending Machine License
Belt Line "66" 5001 Drew Ave. No.
Bill's Vending Service 4115 Quail Ave. No.
Brookdale Motel 6500 Lyndale Ave. No.
Brookdale Shell Service 1505 - 69th Ave. No.
Brooklyn Methodist Church 7200 Osseo Road
Brooklyn Fare Oil -6s 69th & Osseo Road
Non- Perishable Food_VendI Machines (cont'd.)
Christy's Auto Service 5300 Dupont Ave. No.
Continental Oil Co. 5401 France Ave. No.
Don Mason's Barber' °Shop 5708 Morgan Ave. No.
Duane's OK Tire Store 6900 Osseo Road
Freddie's Super Service 6601 Lyndale Ave. No.
Gold Medal Beverage, Inc:. 553 Fairview Ave. No.
Lynbrook Bowl 6357 No. Lilac Drive
Magic Maid Vending 4142 Vincent Ave. No.
Maranatha Baptist Home 5401 - 69th Ave. No.
Metropolitan Vending Co. 2601 2nd Ave. So.
Miag North America, Inc, 3515 - 48th Ave. No.
Pepsi Cola Bottling Co. 1340 University Ave.
Precision,, Inc. 3415 - 48th Ave. No.
Prudential Insurance Co. 5650 North Lilac Drive
R. E. Fritz, Inc. 8039 Lewis Road
Rog & Am' s Superette 6912 Osseo Road
Servomation Twin Cities 4301 - 68th Ave. No.
Seven -Up Bottling Co. 3612 -- 44th Street East
Sipe & Gray Oil Co. 4861 Osseo Road
United Vending Co. 9 North 11th Street
Whirl Tronics, Inc. 3401 - 48th Ave. No.
Readily Perishable Food Vehicle (Fleet, License
Servamatlon -Twin Cities 6801 Osseo Road
Readily Perishable Food Vending Machine 1 icense
Servomation -Twine , Cities 4301 - 68th Ave. No.
Superior Dairy Fresh Milk Co. 2112 Broadway N.E.
Special Food Handling Establishment License
Brooklyn Center Liquor Store #1 6445 Lyndale Ave. No.
Brooklyn Center Liquor Store #2 6250 Osseo Road
Brooklyn Center Liquor Store #3 Brookdale Center
Christy's Auto Service 5300 Dupont Ave. No.
Freddie "s Super Service 6601 Lyndale Ave. No,
Heating License
Sheet Metal Specialty 976 Minnehaha Ave.
Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck
and Theodore Willard. Voting against were: none. Motion carried unanimously.
Motion by Theodore Willard and seconded by john Teary to adjourn
the meeting. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen,
Howard Heck and Theodore Willard. Voting against were: none. Motion carried
unanimously. The City Council meeting adjourned at 2 :15 A. M. , February 17,
1970.
Clerk i Mayor
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CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 31 OF THE CITY ORDINANCES
ENTITLED "WAR AND CIVIL DEFENSE" AND ADDING A NEW CHAPTER
31 "CIVIL DEFENSE ORDINANCE"
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section l: Chapter 31 of the City Ordinances is hereby amended by the
repeal of the following:
(CHAPTER 31 WAR AND CIVIL DEFENSE)
(AN ORDINANCE PROVIDING FOR CIVILIAN DEFENSE AND FOR PROTECTION
OF PUBLIC SAFETY, HEALTH AND WELFARE IN THE VILLAGE OF BROOKLYN
CENTER DURING WAR EMERGENCIES)
( Section 31 -101 WAR EMERGENCY DEFINED. A war emergency for the
purposes of this Ordinance shall be deemed to exist whenever the Village or
any part thereof is threatened by or involved in an enemy air raid or other attack,
or a blackout, conflagration, sabotage,, or other contingency or condition incident
to or resulting from war and endangering public safety, health or welfare in the
Village.)
( Section 31 -102 WAR EMERGENCY SERVICES The head of each
Village Department which may be directly affected by any war emergency
or concerned with civilian defense or with the protection or promotion of public
safety, health, or welfare during any such emergency shall act as chief of
emergency service of his department. In that capacity he shall have charge of
providing for such services as may be required of his department in any war
emergency, and may call for and accept volunteers for the purposes of such
service, and dismiss any volunteer at any time and require him to surrender his
equipment and insignia or identification furnished by the Village. Every volunteer
for any such emergency service shall take the same oath, if any, as is required
of the members of the regular Village forces performing corresponding service.
Subject, to the other provisions hereof, every such volunteer shall be under the
direction and subject to the orders of the chief of the service to which he belongs,
and shall perform such duties as the chief may require within the scope of the
functions of such service. The several chiefs of the emergency services may make
and enforce all necessary and proper rules or orders, conforming with provisions
hereof, to regulate the operation of their respective services, to define the duties
of the regular or volunteer members thereof, and to secure .efficiency and discipline
therein. The chiefs shall provide suitable instruction and training for the members
of their services. Volunteers shall be called into active service only in case of
war emergency for which the regular municipal forces are inadequate, or for necessary
training and preparation for such emergencies. All volunteers shall serve without
compensation. ` No volunteer in any such service shall carry any firearm while on
duty except on written order of the Chief of Police.)
Ordinance No. 70 -2
( Section 31 -103. IDENTIFICATION. Each volunteer for any emergency
service under this Ordinance shall be provided with suitable insignia or other
identification as may be specified by his chief. No volunteer shall exercise any
authority over the persons or property of others without his insignia or identifi-
cation. No person except an authorized volunteer shall use the insignia or
ideitification of such volunteer or otherwise represent himself to be an authorized
volunteer.)
( Section 31 -104. EMERGENCY REGULATIONS. Whenever necessary to
meet any actual or imminent war emergency for which adequate regulations have
not been adopted by the Village Council, the President may by proclamation
promulgate regulations respecting protection against air raids; the sounding of air
raid alarms; the conduct of persons and the use of property during alarm periods;
the repair, maintenance, and safeguarding of essential public services; emergency
health, fire, and safety regulations; trial drills or practice periods required for
preliminary training, and all other matters which are required to protect public
safety, health, and welfare in war emergencies. In framing regulations the
President shall consider suggestions and proposals made by the federal and state
agencies concerned. No regulations governing observation of enemy aircraft, air
attack, alarms, or illuminations during air attacks or other war emergencies shall'
be adopted or take effect unless approved by the proper federal or state authority.
Every proclamation of emergency regulations shall be in writing, shall be dated,
shall refer to the particular war emergency to which it pertains, and shall be filed
in the office of the Village Clerk, where a copy shall be kept posted and available for
public inspection during business hours. A copy of each such proclamation shall
also be conspicuously posted at the front of the Village Hall or other headquarters
of the municipal government and at such other places in the affected area as the
President shall designate in the proclamation. Thereupon the regulations shall
take effect immediately or at such later time as may be specified in the proclama-
tion. By like proclamation the President may notify or rescind any regulation. The
Village Council may rescind any such regulation by resolution at any time. If not
sooner rescinded, every such regulation shall expire at the end of thirty days after
its date except so far as its provision may be embraced in ordinance regulations
adopted by the Village Council.)
( Section 31 -105. CONTROL CENTER. There shall be established at some
suitable place in the Village a control center to be used during war emergencies as
headquarters for direction and co- ordination of the emergency services herein pro-
vided for, with facilities for communication with and between` the several chiefs of
emergency services, the stations and operating units of such services, and with
the American Red Cross and other agencies concerned with civilian defense and
relief in the Village during war emergencies and for communication with other con-
trol centers within the surrounding area and with the federal and state agencies
concerned. The center shall be in charge of the mayor or director of war emergency
services who shall be appointed by the Village Council and may be removed by it at
any time. The director shall receive such compensation as the .Council may allow.
Subject to the approval of the Village Council by resolution, the director shall
secure and equip a place for the control center and a place for an auxiliary control`
center for use in case the regular center is disabled. The director shall select and
train necessary personnel for the operation of the control center.)
Ordinance No. 70 -2
Section 31 -105 (continued)
(If the Village is included in any plan fora superior or joint control center
established under federal or state authority or by agreement with any other
municipality or other governmental agency, the local control center and all other
agencies of the Village shall cooperate with and submit to the direction of the
authority in charge of such superior or joint control center in all matters consistent
with the performance of their duties hereunder. The mayor, director of the local
control center, e ter chiefs of emergency
services, and other officers and agencies of
the Village may be authorized by resolution of the Village Council to participate in the
establishment and operation of such superior or joint control center and to attend or
be represented there at, if required by the authority in charge thereof, and to suspend
or dispense with the operation of a local control center if the functions thereof can be
effectively performed through such superior or joint control center.)
( Section 31 -106. EMERGENCY SERVICE STATIONS AND EQUIPMENT.
The several chiefs of the emergency services shall establish stations therefore
where needed in the Village and shall provide at such stations and at the control
centers such personnel and equipment as may be necessary. )
( Section 31 -107. < CONFORMITY AND COOPERATION WITH FEDERAL AND
STATE AUTHORITY. Every officer and agency of the Village shall cooperate with
federal and state authorities and with the American Red Cross and other authorized
agencies in the administration of civilian defense and war emergency measures to
the fullest possible extent consistent with the performance of their other duties.
The provisions of this ordinance and of all regulations made thereunder shall be
subject to all applicable and controlling provisions of federal and state laws and
of regulations and orders issued thereunder from time to time, and shall be deemed
to be suspended and inoperative so far as there is an conflict therewith The
e
Village Council may appoint any person holding a position in any agency created
under federal or state authority for civilian defense or war emergency purposes as
a special policeman of the Village, with such police powers and duties within the
Village incident to the functions of his position, not exceeding those of a regular
policeman of the Village, as may be prescribed in the appointment, provided such
person is otherwise qualified to exercise such powers and perform such duties.
Every such special policeman shall be subject to the supervision and control of the
Chief of Police and such other police officers of the Village as the chief may designate.)
( Section 31 -108 ACCEPTANCE OF AID. The mayor is hereby designated
as the chief executive officer of the Village to make applications for and to accept
on behalf of the Village all money or property offered by federal or state authority
for the purposes of civilian defense or war emergency protection or relief. The Mayor
may agree to such terms and conditions and execute such instruments in behalf of
the Village as may be required by the authority granting such assistance; but no such
agreement imposing any obligation on the Village or any of its officers other than
for the proper care and disposition of the money or property received shall be
effective until it is approved by resolution of the Village Council.)
( Section 31 -109 WAR EMERGENCY PROPERTY OFFICER. The Captain of
Police is hereby designated as the Village war emergency property officer. He shall
perform such functions in connection with the acquisition, disposition, and return of
property received from the federal or state authorities for any civilian defense or war
emergency purpose as are imposed on local property officers by such authorities.
Ordinance No. 70 -2
Section 31 -109 (continued)
When necessary to obtain such property, he shall execute such bonds as may
be required by sjch authorities. The premium on such bonds shall be paid by
the Village.)
( Section 31 -110. PENALTY. Any person who violates any provision of
this ordinance or of any regulations adopted thereunder relating to acts, omissions,
or conduct other than official acts of the City Officers or employees shall be guilty
of a misdemeanor, and upon conviction shall be punishable by a fine of not more
than Three Hundred ($300.00) Dollars and by imprisonment not to exceed ninety (90)
days.)
Y •)
(Air Raid Precautions)
(AN ORDINANCE RELATING TO AIR RAID PRECAUTIONS IN THE CITY
OF BROOKLYN CENTER)
( Section 31 -201 DEFINITIONS. As used in this ordinance and in regulations
adopted hereunder, the following phrases shall have the meaning given to them below:
(a) "Air raid warning signal ": a signal to indicate the beginning of
of a blackout or air raid alarm prescribed by the Adjutant General of
Minnesota or other appropriate military authority or in the absence of
such prescription, by the mayor of the City.
(b) "All- clear signal ": a signal to indicate the end of a blackout or
air raid alarm prescribed by the Adjutant General of Minnesota or other`
appropriate military authority, or, in the absence of such prescription,'
by the president of the City Council.
(c) "Alarm period": the interval of time between an air raid signal and
the following all- clear signal.
(d) "Blackout structure any area so enclosed that any illumination
maintained or existing therein is not advisable.)
( Section 31 -202 SOUNDING SIGNALS. The mayor of the City shall Y y cause
the sounding of an air raid alarm signal and of an all clear signal whenever the City
or the district in which the City is located is directed to do so by the Adjutant
General or other appropriate military authority, or in case of practice alarm periods,
whenever he deems it advisable and is permitted to do so by such authority.)
( Section 31 -203. ILLUMINATION DURING ALARM PERIODS PROHIBITED.
Except as otherwise provided in this section, no person in an alarm period shall
maintain any illumination or permit any illumination under his control to be main -
tained at any place within the City of Brooklyn Center during the hours of dark-
ness. The foregoing provisions shall not apply to the following types of illumination:
p
Ordinance No. ZD = 2
Section 31 -203 (continued)
(a) Illumination within a blackout structure.
(b) Illumination maintained by the armed forces of the United
States or the State in the course of duty.
(c) Illumination authorized by the president of the Village Council
through regulations adopted under Section 31 -205 of this ordinance.
(d) Illumination maintained pursuant to permission granted in
individual cases by the Chief of Police. The Chief of Police may grant
such permission only when he finds it necessary for the preservation
of the public safety or the maintenance of order or when he has been
specifically authorized to grant such permission by an officer of the
United States or the State of Minnesota acting within the scope of
his a uthority.
If an alarm period is confined to a part of the Village, the restrictions
of this section shall apply only to that part of the Village:)
( Section 31-204 TRAFFIC DURING ALARM PERIODS. Except as hereinafter
provided, no vehicle shall be moved on the streets of the Village during an alarm
period unless directed to be moved by a regular or auxiliary police officer or
fireman displaying his official identification.
When a blackout signal is sounded, the operator of every vehicle in motion
on the streets shall immediately bring the vehicle to a halt at the side of the street
off the traveled portion of the roadway; but every such vehicle shall be halted
clear of intersections, fire station entrances and other e emergency areas. This
section shall not apply to the emergency operation of vehicles of the armed forces of the
United States or of the State of Minnesota, emergency vehicles as defined in the
Minnesota highway traffic regulation, or vehicles whose emergency movement is
authorized by the Chief of Police or other appropriate authority and which display
identification showing the character of their use and the authority under which they
are operated.
If an alarm period is confined to a part of the Village, the restrictions of this
section shall apply only to that part of the Village.)
( Section 31 -205. EMERGENCY REGULATIONS. Whenever necessary to provide
adequately for the public health, order and safety, the mayor of the Village may by
proclamation promulgate regulations respecting illumination and vehicular traffic during
alarm periods and other air raid precaution measures to supplement the provisions of
this ordinance. = In framing regulations the mayor of the Village shall consider suggestions
and proposals made by the federal and state agencies concerned. Every proclamation of
emergency regulations shall be in writing, shall be dated and shall be filed in the office
of the Village Clerk, where a copy shall be kept posted and available for public
inspection during business hours. A copy of every such proclamation shall be also
Ordinance No. 70 -2
Section 31 -205 (continued)
conspicuously posted at the front of the village hall or other headquarters of the
municipal government and at such other places as the mayor of the Village shall
designate in the proclamation. Thereupon the regulation shall take effect` immediately
or at such later time as may be specified in the proclamation. Regulations affecting
any practice alarm period shall be promulgated at least one week before the day on
which the practice is held. The mayor of the Village may modify or rescind any such
regulation by proclamation. The Village Council may rescind any such regulation by
resolution at any time. If not sooner rescinded, every such regulation shall expire
at the end of thirty days after its date except so far as its provisions may be embraced
in ordinance regulations adopted by the Village Council.)
( Section 31 -206. SIMULATING SIGNALS. No unauthorized person shall operate
a siren, whistle or other audible device so as to simulate an air raid warning signal
or an all -clear signal.)
( Section 31 -207 'INTERFERENCE WITH LIGHT SWITCHES. No unauthorized
person shall interfere with the operation of electric lighting units by engaging or
disengaging electric lighting unit switches in connection with air raid blackout pre-
cautions except where such action is necessary for civilian protection in an emergency
or when it is ordered by law enforcing authorities.)
( Section 31 -208. TELEPHONE USE DURING ALARM PERIOD RESTRICTED,
No person, other than authorized military or civil personnel engaged in military or
civil protection, shall make any telephone call during alarm periods except in cases
of extreme emergency.)
( Section 31 -209. DISOBEDIENCE OF ORDERS. No person shall disobey any
direction or order given during an alarm period by a regular or auxiliary policeman
or fireman displaying his official identification.)
(Section 31 -210 PROHIBITED ILLUMINATION A PUBLIC NUISANCE. Any
illumination contrary to the provisions of this ordinance or any ordinance pertaining
to war emergencies or of any regulation adopted thereunder or of any federal or state
law, regulation, or order shall be deemed a public nuisance. Any regular or auxiliary
policeman may abate such nuisance summarily or may take any other action necessary
to enforce provisions, including entry on private property and the use of whatever force
is necessary.)
( Section 31 -211. SUSPENSION OF INCONSISTENT PROVISIONS. Except for war
emergency ordinances and regulations adopted pursuant thereto, the provisions of
every ordinance and regulation of the City requiring any illumination to be maintained
which conflict with this ordinance shall be deemed suspended during any alarm period.)
( Section 31 -212. CONFORMITY WITH FEDERAL AND STATE AUTHORITY. The
provisions of this ordinance and of all regulations promulgated hereunder shall be
subject to all applicable and controlling provisions of federal and state laws and of
regulations and orders issued thereunder from time to time and shall be suspended and
inoperative so far as there is any conflict therewith.)
Ordinance No. 70 -2
( Section 31 -213. PENALTY. Any person who violates any provision of
this ordinance or of any regulation adopted thereunder shall be guilty of a mis-
demeanor and upon conviction shall be punished by a fine of not more than Three
Hundred ($300o00) Dollars and b imprisonment n
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t
o exc d
exceed ninety 0
Y ( ) a
days.)
Y )
ORDINANCE NO. 70 -2
Section 2; Chapter 31 of the City Ordinances is hereby amended by
the addition of the following:
Chapter 31 - CIVIL DEFENSE ORDINANCE
Section 31 -100. POLICY AND PURPOSE.
Because of the possibility of man -made and natural disasters, and
in order to insure that preparations of this City will be adequate to deal with
such disasters, and generally, to provide for the common defense and to
protect the public peace, health, and safety, and to preserve the lives and
Property of the people of this City, it is hereby found and declared to be _
necessary to maintain a local Civil Defense Department, and to provide for the
exercise of necessary powers during civil defense emergencies and in time
of disaster. "-
It is further declared to be the purpose of this ordinance and the policy
of the City that all civil defense functions of this City be coordinated to the
maximum extent practicable with the comparable functions of the Federal
Government, of this State, of Hennepin County, and of other states and
localities, and of private agencies of every type, to the end that the most
effective preparations and use may be made of available manpower resources,'
and facilities for dealing with any disaster that may occur.
Section 31 -110. DEFINITIONS.
The language set forth in the text of this ordinance shall be interpreted
in accordance with the following definitions:
1. Civil Defense means the preparation for and the carrying out of
all emergency functions, other than functions for which military forces
are primarily responsible, to prevent, minimize and repair injury and
damage resulting from destruction caused by enemy attack or other
hostile actions or from disaster. These functions include without
limitation, fire fighting services, police services, medical and
health services, rescue, en ineering and warning services, communi-
cations, radiological, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency transportation,
existing oE assigned functions of plant protection, tempora
restoration of public services, and other functions related to civilian
Protection, together with all other activities necessary or incidental
to preparation for or carrying out of the foregoing functions
2. Civil Defense Emer enc - means an area wide emergency declared
by the Governor under Minnesota Statutes Section 12 31, or a local
emergency proclaimed by the Mayor of Brooklyn Center according to
Section 32 -200 of this ordinance.
ORDINANCE NO. 70 -2
3. Civil Defense Forces - means personnel regularly employed by the
City of Brooklyn Center and volunteers and paid members of the
Brooklyn Center Civil Defense Department engaged in carrying on
Civil Defense functions in accordance with the provisions of this
ordinance and any order issued thereunder.
4. Disaster - means any flood, landslide, drought, fire, tornado,
explosion, accident, earthquake, storm, physical catastrophe,
damage or destruction as result of
cataclysm of nature or after-
Y ,
math of a disturbance, which is or threatens to be of sufficient
severity and magnitude to require efforts in alleviating the damage`,
hardship or suffering, or the potential of any of these, that is greater
than that which a community, with its regular personnel or resources,
is capable of managing.
Section 31 -120. CONTINUATION OF CIVIL DEFENSE DEPARTMENT.
Pursuant to Section 6.03 of the City Charter, the Brooklyn Center City
Council, in order to protect the lives and property and to promote the general
health, safety and welfare of its citizens, does hereby determine to continue
a department of City government to be known as the Brooklyn Center Civil
Defense Department.
Section 31 -130. DEPARTMENT ORGANIZATION.
The Department of Civil Defense shall.be organized, staffed and
administered in accordance with the Charter of the City of Brooklyn Center and
all personnel, with the exception of the Director of Civil Defense, shall be
appointed or removed by the City Manager. The Director of Civil Defense shall
be appointed for an indefinite term by the Mayor with the majority consent of the
City Council and he may be removed from office by the Mayor with the majority
consent of the City Council. The Director shall have direct responsibility
for
day - to - day administration and operation of the department, subject to the direction
and control of the City Manager. In a time of civil defense emergency or disaster
the Mayor may assume supervision of the Civil Defense Department through the
City Manager and the Civil Defense Director.
Section 31 -140. CIVIL DEFENSE PLAN.
The Director shall prepare a comprehensive general plan for the civil
defense of Brooklyn Center and shall present such plan to the City Council for
its approval. When the City Council has approved the plan, by resolution, it
p p
shall
be the duty of all municipal agencies and all civil defense forces of the
City to perform the duties and functions assigned by the plan The plan may be
modified in like manner from time to time. The Director shall coordinate the
civil defense activities of the City to the end that they shall be consistent and
fully integrated with the civil defense plan of the Federal Government and of the
State of in s
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ORDINANCE NO. 70 -2
ection 31 -150. TRAIN X A D F RMA TON
In accordance with the State and City civil defense plan, the Director
shall institute such trainin ro rams and ublic information programs and shall
take all other preparatory steps includina the Partial or full mobilization of
Civil Defense forces in advance of actual emergency or disaster as aa L be
nece to prompt and effect implementation of the civil defense plan in
time of civil defense emer ency or disaster. He ma from time to time, conduct
such practice alerts or other Civil Defense exercises as he may deem necessary
Section 31-160. UTILIZATION OF CITY GOVERNMENT RESOURCES.
The Director shall utilize the person nel, services, equipment - supplies ,
and facilities of existin departments and divisions of the ity to the maximum
extent racticable. The officers and Personnel of all such departments and
divisions shall to the maximum extent practicable cooperate with and extend
such services and facilities to the Civil Defense Department. The head of each
de artment and division in cooperation with the Director, of Civil Defense and all
under the direction of the City Manager, shall assist with the planning and
programming of those civil defense activities which will involve the utilization of
the facilities of hi.s de artment or division.
Section 31 -170. VOLUNTEER EMERGENCY PERSONNEL.
The Director shall, in coo eration with existing City departments and
divisions affected organize. recruit and cause to be trained volunteer fallout
shelter mana Ters radiolo ical monitors auxiliary olice auxiliar fire - rescue
p ersonnel , emerge c medical personnel and an other ersonnel that ma be
required on a volunteer basis to carry out the civil defense plan of the City of
Brooklyn Center. To the extent that such emergency personnel are recruited to
augment a regular City department or division for civil defense emergencies or
disasters they shall be asst ned by the Director to such department or division
for purposes of trainina and emergencv auamentation Except as they may individually
otherwise volunteer civil defense emer2ency personnel shall be called into service
only in cases of a civil defense emergency or disaster or for necessary training and
p reparation for such emergencies - All volunteers shall serve without com ensation.
Section 31 -180. IDENTIFICATION OF EMERGENCY PERSONNEL.
Each civil defense volunteer shall be provided with such suitable insi nia
or other identification as ma be required by the Director and approved by the
City Manager Such identification shall be in a form and style approved by the
Federal Government. No volunteer shall exercise any autho ty over the Person
or property of others without his identification No person except an authorized
volunteer shall use the identification of a civil defense volunteer or otherwise
represent himself to be an authorized civil defense volunteer.
ORDINANCE NO, 70 -2
Section 31 -190. FIREARMS.
No civil defense volunteer shall carry any firearms while on duty except
during a civil defense emergency or disaster and then only upon authority of
the City Manager
Section 31 -200. DECLARATION OF LOCAL EMERGENCY.
Whenever necessary to meet a local emergency or disaster, the Mayor
ma.so declare an emergency authorizing activation of the civil defense plan.
Section 31 -210. EMERGENCY REGULATIONS.
Whenever necessary to meet a civil defense emergency or disaster or
to prepare for such an emergency or disaster for which adequate regulations have
not been adopted by the Governor or the City Council, the Mayor may by procla-
mation promulgate regulations , consistent with applicable Federal or State law
or regulation, respecting: protection against nuclear missiles; the sounding of
attack warning; the conduct of persons and the use of property during emergencies;
the repair, maintenance and safeguarding of essential public services; emergency
health, fire, and safety provisions; and all other matters which are required to
Protect public safety, health, and welfare in civil defense emergencies.
Every proclamation of emergency regulations shall be in writing and
signed by the Mayor, shall be dated, shall refer to the particular civil defense
emergency or disaster to which it pertains and shall be filed in the office of the
City Clerl ,, where a copy shall be kept posted and available for public inspection
during business hours. Notice of the existence of such regulation and its avail-
ability for inspection at the Clerk's office shall be conspicuously posted at the
City Hall and at such other places in the affected area as the Mayor shall direct
Thereupon, the regulation shall take effect immediately or at such later time as
may be specified in the proclamation. By like proclamation, the Mayor may modify
or rescind any such re ulation
Section 31 -220. EXPIRATION OF EMERGENCY REGULATIONS
The City Council may. rescind any proclaimed emergency regulations by
resolution at any time. If not sooner rescinded, every such emergency regulation
shall expire at the end of 30 days after its effective date or at the end of the civil
defense emer encv or disaster to which it relates, whichever occurs first Any
ordinance, rule, or regulation inconsistent with an emergency regulation promulcrated
by the Mayor shall be suspended during the period of time and to the extent that
such conflict exists
Section 31 -230. PARTICIPATION IN POLITICS,
The Civil Defense Department shall not participate in any form of political
activity, nor shall it be employed directly or indirectly for political_ purposes,
ORDINANCE NO, 70 -2
Section 31 -240. CIVIL DEFENSE A GOVERNMENTAL FUNCTION.
All functions hereunder and all other activities relatinq to civil defense
are hereby declared to be governmental functions.
Section 31 -250. PENALTIES.
Whoever does any act or omits to do any act which constitutes a breach
of any section of this Chapter, shall, upon conviction thereof by lawful authoritv
be punished by a fine not to exceed Three Hundred ($300 00) Dollars and by
imprisonment not to exceed ninety (90) days No Provision of this Chapter
designating the duties of any official or employee of the City shall be so construed
as to make such official or employee liable for the penalty provided in this section
for failure to Perform such duty. unless the intention of the City Council to
impose such penalty on such official or employee is specifically and clearly
expressed in the section creating the duty
Section 3; This ordinance shall be effective after adoption and thirty
days following its legal publication.
Adopted this 16th day of r February z, 1970.
Mayor
ATTEST:
Clerk
Published in the official newspaper Tanuary 29, 1970
Effective Date February 28, 1970
(Brackets indicate matter to be deleted, underline indicates new matter)