Loading...
HomeMy WebLinkAbout1954 06-09 CCM Regular SessionMinutes of the proceeding of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota, including all accounts audited by said Council June y, 1 >5 The Village Council met in regular session and called to order by Glen Sonnenberg,acting mayor, at 8 :15 P.M., Arthur Paulson appearing later. The following members were present: Arthur Pauson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly. as read. adoption: The minutes of the regular meeting held on June y, 1954 were approved Motion made by Wayne Gageby and seconded by Paul Weekly that Caryl Rozenthal, Director for the Brooklyn Center Recreational Program, be paid $540.00 at a rate of $1.50 per hour, 40 hour week and for the duration of 9 weeks, the two assistants to be paid $500.00 by the Community Chest. All members voting in favor of this motion, motion carried. 117 Motion made by Paul Weekly and seconded by Allen Lindman to approve the temporary plat of Fred Hoppe, with stipulations that Outlots on Blocks 5 and 6 to be temporary easements for road purposes until 72nd Avenue is opened, and turn around easements to be provided on all dead end streets. Motion carried. Motion made by Paul Weekly and seconded by Wayne Gageby giving the Broadway Realty Company authority to change the facing of the lots south of 54th Avenue in the John Ryden 2nd Addition from east and west to a north facing, Newton and Oliver Avenue to be dedicated but not graded until the property to the south of this plat is developed, and that special permits on all corner lots in this area be requested. All members voting in favor of this motion, motion carried. Motion made by Paul Weekly and seconded by Wayne Gageby to accept the temporary plat of Pearson Bros lying between Logan Avenue and Humboldt Avenues North and between 71st Avenue to 72nd Avenues North, known as Plat A, and subject to all the regulations of the platting ordinance. All members voting in favor of this motion, motion carried. Motion made by Paul Weekly and seconded by Allen Lindman to accept the temporary plat submitted by Mr. Hoffman covering that part of the South 1/2 lying West of the East 200 ft., Lot 23, Auditor's Subdivision #310., and turn - around easements to be provided on all dead end streets, and subject to all restrictions of the Platting Ordinance. All members voting in favor of this motion, motion carried. Motion made by Wayne Gageby and seconded by Paul Weekly that a special permit be issued to Louis Miskowitz to live in a trailer for 6 months. Motion carried. Motion made by Wayne Gageby and seconded by Paul Weekly that the Minder Engineering Co. be instructed by letter to make a preliminary survey of Fourth Street North from 55th Avenues to 56th Avenue North. Motion carried. Motion made by Wayne Gageby and seconded by Allen Lindman to accept the final plat of Leslie Hagen parcel, subject to all the restrictions of the Platting Ordinance. Motion carried. Member Wayne Gageby introduced the following resolution and moved its RESOLUTION VACATING A PORTION OF 55TH AVENUE NORTH WHEREAS, a petition has been duly filed with the Village Council of the Village of Brooklyn Center for the vacation of a portion of 55th Avenue North, and it appearing that said petition carries the names of all property owners abutting on said portion of said street, and WHEREAS, a notice of a public hearing on said proposed vacation to be held on June 9, 1954 was duly published on May 20, 1954 and May 27, 1954 in the North Hennepin Post, and three copies of said notice were posted on May 20, 1954 in conspicuous places within the village, and WHEREAS, a hearing was held pursuant to said notice on June 9, 1954 and all parties having been heard and no one appearing in opposition thereto, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: 118 1. It is deemed to be in the best public interest to and the Village Council does hereby vacate that portion of 55th Avenue North described as follows: The Southerly three (3) feet of the existing right -of -way for 55th Avenue North abutting on Lot 1, Block 3, John Ryden's Second Addition, said 3 foot strip lying between the West edge of Logan Avenue and extending westerly for a distance of eighty -two (82) feet, more or less, to meet the arc (as extended) defining the northwest corner of said Lot 1. 2. The village clerk is herewith authorized to certify a copy of this resolution and cause said resolution to be recorded with the Register of Deeds in and for Hennepin County, Minnesota. The motion for the adoption of the foregoing resolution was duly seconded by member Allen Lindman, and all present voting in favor thereof, motion carried. Motion made by Wayne Gageby and seconded by Glen Sonnenberg to accept the amended proposed plat of Pearson's Northport 1st Addition, subject to a condition that they comply with the drainage program for this area, also turnarounds be provided for on all dead end streets. All members voting in favor of this motion, motion carried. Motion made by Glen Sonnenberg and seconded by Wayne Gageby to adopt the following ordinance: AN ORDINANCE AMENDING ORDINANCE NUMBER 29 (AS AMENDED) OF THE VILLAGE OF BROOKLYN CENTER BY INCREASING THE REQUIRED FEES, IMPOSING ADDITIONAL RESTRICTIONS AGAINST DOGS RUNNING AT LARGE, AND AUTHORIZING THE DEPUTIZING OF ASSISTANT POUNDMASTERS THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1. Section one of Ordinance No. 29 (as amended) of the Village of Brooklyn Center is hereby amended to impose the following license fees for dogs: Male dogs, $3.00; Female dogs, $5.00; Spayed Female dogs, upon presentation of proper proof thereof, $3.00. Said fee shall be applicable to those dogs under said section for whom fees were previously required. Section 2. Section five of said ordinance is hereby amended to read as follows: Duty of Marshal. All dogs not on the premises of the owner shall be either on a leash or under the immediate control of a responsible person. Any dog not under such control and found off the premises of the owner, and any dog who shall be found without the tag required in Section 4, shall be immediately impounded by the Village marshal or constable or any other person deputized to enforce the provisions of the ordinances relating to dogs. Section 3. Section seven of said ordinance is hereby amended by increasing the poundage fee to $5.00 and the boarding fee for each day to $1.00. Section 4. Section 10 of said ordinance is hereby amended to read as follows: Deputizing poundmasters. The Village Council may,deputize ersons over 21 years of age to act as assistant poundmasters. ny person so deputized shall execute an oath of office` and shall file a bond with the Village Clerk in the sum of $500. conditioned upon the faithful discharge of his office. A deputy (assistant poundmaster) shall have authority to carry out the provisions of this ordinance and others relating to the control of dogs except that he shall have no power of arrest. Section 5. Section 11 of said ordinance is hereby amended to read as follows: KILLING OR DISPOSING OF DOGS. Any dog which is not claimed as provided in the preceding sections shall be disposed of in accordance with the provisions of Section 35.71 of the Minnesota Statutes. The Village Council may enter into a contract with persons operating facilities for the impounding of dogs and may provide such compensation for such service as may be reasonable, and may further deputize such person to enforce the provisions of this and other ordinances relating to the control of dogs; provided, however, that any such person shall file a bond in the sum of at least $2000 conditioned upon the proper discharge of his contract and the provisions of this ordinance. Upon vote being taken on the foregoing ordinance and all members voting in favor thereof, the ordinance was declared duly passed and adopted. Motion made by Glen Sonnenberg and seconded by Wayne Gageby that the Village Attorney contact all property owners from Lyndale Avenue to Humboldt Avenue and procure deeds for 30 feet on North side of 65th Avenue North for street purposes. All members voting in favor of this motion, motion carried. Motion made by Glen Sonnenberg and seconded by Paul Weekly that Russ Jones be reimbursed for the purchase of the balloons for the open house on May 2, 1954. Motion carried. Motion made by Glen Sonnenberg to commit the Village of Brooklyn Center to making the following improvements in accordance with the resolution heretofore identified as Improvement Commitments for VA Loan Purposes. Said resolution shall have inserted in it the following: Property to be improved: Lots 9 thru 16, Block 10, and Lots 1 thru 8, Block 9, Brooklane Addition Estimated Cost: $3680.00 Date of completion: 12 months Improvements to'be made: Grading, graveling and oil stabilizing of Chowen Ave. from 65th Ave. to 66th Ave., 65th Ave. from Chaen Ave. to Drew Ave., and 66th Ave. from Chowen Ave. to Drew Ave.; Installation of necessary street signs; and planting of one 22 inch tree per lot. Said work to be done in accordance with Village Specifications. Builder: Hipp Construction Company The foregoing motion was duly seconded by Allen Lindman, and all voting in favor thereof, the motion was carried. Motion made by Wayne Gageby and seconded by Allen Lindman that the Village install two manholes approximately 200 feet north of 53rd Avenue North on James Avenue North account of the City of Minneapolis raising their grade on 53rd Avenue North and the manholes on the corners of 53rd Avenue North being of no value as far as drainage is concerned. All members voting in favor of this motion, motion carried. Mmmktmxgtaxxitmlotaxlilaxgxixtxmdlimaxtkgx2mitmmimgxxlmmixtionucaNdxmmxed itxxadmptiia The Mayor announced that the meeting was open for the consideration of a proposed improvement in the village consisting of the following: Blacktopping: Emerson Avenue North between 61st and 62nd Avenues North 62nd Avenue North between Dupont and Emerson Avenues North The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper, the last publication being on June 6, 1954, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owner present to present arguments either for or against the proposed improvement. The following appeared and entered objections: None; and the following appeared in favor of said improvement: None. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Glen Sonnenberg introduced 119 120 the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT AND APPROVING PLANS AND SPECIFICATIONS Village BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. It is hereby determined that it is necessary and for the best interests of the village and the owners of property specially benefited thereby that the following improvement shall be constructed: Blacktopping: Emerson Avenue North between 61st and 62nd Avenues North 62nd Avenue North between Dupont and Emerson Avenues North Said improvement shall be hereafter designated Blacktopping Improvement No. 1954 -1. 2. The plans and specifications for said improvement heretofore prepared by Minder Engineering Company, Engineer, are hereby approved and ordered filed with the Clerk. The motion for the adoption of the foregoing resolution was duly seconded by member Paul Weekly, and upon vote being taken thereon the following voted in favor thereof: Arthur Paulson, Wayne Gageby, Paul Weekly, Allen Lindman and Glen Sonnenberg; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member Paul Weekly introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $37,000 STREET IMPROVEMENT BONDS WHEREAS, the village council has entered into contracts for the construction of Sanitary Sewer Improvements Nos. 1954 -1, 1954 -2 and 1954 -3, all under the provisions of Chapter 398, Laws of Minnesota 1953, and WHEREAS, the owner of the property benefitted by Sanitary Sewer Improvement No. 1954 -3 desires the right to pay up all of his assessments therefor, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. It is hereby determined that the toal cost of each of the improvements heretofore commenced is as follows: For the construction of Sanitary Sewer Improvement No. 1954 -1 on Fourth Street North between 53rd and 55th Avenues North For the construction of Sanitary Sewer Improvement No. 1954 -2 on that part of Irving Avenue North lying between 55th Avenue and 130 feet North of the center line of 54th Avenue on that part of James Avenue North lying between 55th Avenue and 130 feet North of the center line of 54th Avenue For the construction of Sanitary Sewer Improvement No. 1954 -3 within John Ryden's Second Addition including sanitary sewer lines on Morgan and Penn Avenues North between 53rd and 54th Avenues North $ 7,000.00 $ 2,500.00 3, 500. 0 0 24,000.00 the aggregate cost thereof being determined to be approximately $37,000.00 2. It is hereby determined that the total cost of each of said improvements shall be assessed upon property benefited by the improvement. The Clerk shall forthwith calculate the proper amount to be specially assessed for the improvements against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, based upon the benefits received. 3. It is hereby determined to finance the entire cost of said improvements by the issuance of improvement bonds. 4. There is hereby created a special fund to be designated as Street Improvement No. 1954 -A Fund out of which shall be paid the cost of the said improvements and the principal and interest on the Improvement Bonds authorized hereunder and into which shall be paid all of the proceeds of the special assessments and taxes to be levied for said improvement and the moneys received from the sale of Improvement Bonds. 5. In anticipation of the collection of said special assessments and taxes, the village shall forthwith issue and sell $37,000 Improvement Bonds. The full faith and credit of the village shall be pledged for the payment of the principal and interest on the bonds when the moneys on hand in the Street Improvement No. 1954 -A Fund are insufficient for the purpose. 6. The Improvement Bonds shall be 37 in number and numbered 1 to 37, both inclusive, in the denomination of $1000 each, shall bear date July 1, 1954, shall bear interest payable July 1, 1955, and semiannually thereafter on January 1 and July 1 in each year. Said bonds shall be divided into Series A and Series B and each of said series maturing serially on January 1 in the years and amounts as follows: Series A Series B $2,000 $2,000 January 1, 1956 2,000 2,000 January 1, 1957 2,000 2,000 January 1, 1958 2,000 2,000 January 1, 1959 2,000 2,000 January 1, 1960 2,000 2,000 January 1, 1961 2,000 2,000 January 1, 1962 2,000 2,000 January 1, 1963 2,000 1,000 January 1, 1964 1,000 1,000 January 1, 1965 Series A shall be without option of prior payment. Series B shall be subject to redemption, in inverse numerical order, on July 1, 1955, and on any interest payment date thereof at par plus accrued interest. It is expressly determined that these maturities are such as in the judgment of the village council are warranted by the anticipated collection of assessments and taxes. 7. The village council shall meet at the village hall in the . village on Wednesday, the 23rd day of June, 1954, at eight o'clock p.m., for the purpose of receiving sealed bids for the purchase of said bonds and the village clerk is authorized and directed to cause notice of the sale of said bonds to be given by publication ten days in Commercial West, a financial paper published in Minneapolis, Minnesota. Said notice shall recite that the village will furnish printed bonds and approving legal opinion of Messrs. Faegre & Benson, Minneapolis, Minnesota, both without expense to the purchaser, . shall require that all bids be unconditional and accompanied by a good faith check in the amount of at least $1000.00 and shall specify one or more interest rates in multiples of one -tenth or one- quarter of one percent. Said notice shall further provide that delivery of the bonds will be made by the village within forty days after the date of sale at the office of the village clerk or, at the option of the purchaser, at Minneapolis or St. Paul without expense to the purchaser. The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof; Arthur Paulson, Wayne Gageby, Allen Lindman, Glen Sonnenberg, and Paul Weekly; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. 121 12,E Member Wayne Gageby introduced the following resolution and moved its adoption: WHEREAS, a contract has been entered into purchasing a Seaman road mixer at a cost of $4590.00, and WHEREAS, MSA, Sec. 412.301 (Laws of 1949, CH 119, Sect. 37) authorize the village council to issue certificates of indebtedness within existing debt limits to finance such purchaser of street equipment, NOW, THEREFORE, BE IT RESOLVED by the Village Council of Brooklyn Center, Minnesota: 1. The Council hereby determines that it will issue certificates of indebtedness in the amount of $5000 consisting of five certificates in the denomination of $1000 each bearing date July 1, 1954 bearing interest payable semi - annually and maturing serially on January 1 in the years and amounts as follows, all without option of prior payments: $2,000 January 1, 1956 2,000 January 1, 1957 1,000 January 1, 1958 The full faith and credit of the Village will be pledged to payment of these certificates of indebtedness. 2. The village council shall meet at the village hall in said village on Wednesday, the 23rd day of June, 1954, at 8:00 o'clock P.M. for the purpose of receiving sealed bids for the purchase of said certificates of indebtedness and the village clerk shall publish notice of sale of said certificates in Commercial West at least ten days prior to the date of sale; said notice of sale shall require a good faith check in the amount of at least $500 and shall provide for delivery within forty days and that the village will furnish without expense to the purchaser approving legal opinion of Messrs. Faegre & Benson, 1260 Northwestern Bank Building, Minneapolis, Minnesota Member Allen Lindman seconded the motion for the adoption of the foregoing resolution and upon vote being taken thereon the following voted in favor thereof: Arthur Pauslon, Wayne Gageby, len Sonnenberg, Allen Lindman and Paul Weekly; and the following vote gainst the smae: None; whereupon said resolution was declared duly passe and adopted. Motion made by Glen Sonnenberg and seconded by Allen Lindman to adopt the following ordinance: AN ORDINANCE PROVIDING FOR THE LICENSING OF TAXICABS AND REGULATING THEIR OPERATION IN THE VILLAGE OF BROOKLYN CENTER The Village Council of Brooklyn Center do ordain: Section 1. Definitions. Unless otherwise expressly stated, whenever used in this ordinance, the following words shall have the meaning given to them by this section: a. The word "taxicab" shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same be operated from a street stand or subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the Railroad and Warehouse Commission or vehicles reguarly used by undertakers in carrying on their business. b. The word "street" shall mean and include any stret, alley, avenue, court, bridge, lane or public place in the Village of Brooklyn Center. c. The words "taxicab driver" shall mean and include any person who drives a taxicab, whether such person be the'owner of such taxicab or be employed by a taxicab owner or operator. d. The word "operator" shall mean and include any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the Village. e. The word "person" shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, and associations. Section 2. License Required. No operator shall operate a taxicab within the Village limits without first having obtained a taxicab license therefor under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the Village clerk for such license upon a form to be provided by the Village, and must comply with the following provisions to the satisfaction of the Village council. In said application is made by an individual owner, it shall be signed and sworn to by such owner, if it is by a partnership, then it shall be signed and sworn to by one of the partners; and if by a corporation, then by one of the duly elected officials of said corporation. Section 3. Taxicab Fee. The applicant applying or a taxicab license shall, before being issued said license, pay into the illage treasury the sum of $10.00 for each and every vehicle to be so licensed; provided, that if the said license is denied for any reason, the aforesaid fee or fees shall forthwith be returned to the applicant. Any license may be trans- ferred during any year only upon the additional payment of a proportional part of the fee by the transferee in addition to the regular fee paid by the transferor when the license was issued, and upon approval of the Village council of such transfer. Section 1+. Examination of Taxicabs. The council hall cause the Village marshal or some other employee on behalf of the illage thoroughly and carefully to examine each taxicab before a license is granted to operate the same. No taxicab shall be licensed which does not comply with the following: a. It must be in a thoroughly safe condition for the transportation of passengers. b. It must be clean and of good appearance and well painted and varnished. Such other examinations and tests of licensed taxicabs may be ordered by the council from time to time as it may deem advisable. Section 5. Granting License. If the Village council is satisfied that the public convenience and good order will be served thereby, it may grant a number and shall give the number and an adequate description of the taxicabs licensed thereunder. 123 a. Be a citizen of the United States. b. Be of the age of twenty -one (21) years or over if a natural person, and in the case of any co- partnership, firm or corporation, must be authorized to operate taxicabs and carry on business in accordance with the laws of the State of Minnesota. c. Must fill out upon the blank form provided by the Village a statement covering each vehicle to be so licensed, giving the full name and address of the owner; the class and passenger - carrying capacity of each vehicle for which a license is desired; the length of time the vehicle has been in use; the make of car; the engine number; the serial number and the state license number; whether the same is mortgaged, the name of the mortgagee and the amount of said mortgage; also the holder of legal title to said motor vehicle if other than the applicant; or whether said vehicle is leased, licensed, or under any form of contract permitted to be used and operated by some other person than the one holding legal title thereto, what person, firm or corporation collects the revenues from the operation of said taxicab and pays the expenses of operating the same, the amount of liability insurance carried and the schedule of rates to be charged. 124 Section 6. License Plates and Numbers. There shall be delivered to the operator of each and every licensed taxicab a metal license tag to be fastened and displayed upon the outside of the windshield of each and every taxicab so licensed, so that said license may be plainly visible from the front of said taxicab at all times. Said license tag shall not exceed two and one -half inches in the longest measurement and shall bear the license number of the taxicab and proper descriptive words, including the year for which the license was issued, and such license tag shall be of distinctly different shape for any three successive years. In case any licensed opeator shall lose a metal license tag he shall secure a duplicate thereof by applying to the Village clerk and paying the sum of $3.00 therefor before doing any further business with the taxicab from which the tag is lost. Every taxicab which shall solicitor accept business on the streets of this municipality, or stand or wait for hire shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. Every driver of such taxicab shall wear on his cap or hat a metal plate bearing the words "Licensed Taxicab" printed in letters at least one -half (2) inch in height. Section 7. Taxicab Cards. The operator of any taxicab shall cause to be printed in plain, legible letters displayed inside the taxicab a card giving the number of the license, the maximum rates of fare to be charged, and a staement that any package or article left in the taxicab must be returned by the taxicab driver to the Village clerk's office, where it may be identified and claimed. The card shall also contain the statement, "Ask the Driver for Bill and Receipt," in bold type. Section 8. Rates. No operator or taxicab driver shall charge any passenger a rate in excess of the rate approved by the Village council. Every passenger shall receive a receipt therefor when he pays his fare. Section 9. Taxicab Drivers. No person, either the operator or employee of such operator, shall drive a taxicab in this Village without first having been licensed as a chauffeur under the General Statutes of Minnesota; and every driver shall display such chauffeur's license badge conspicuously upon his coat or cap as therein provided. Section 10. Insurance Policies. Before a license shall be delivered to any operator he shall deposit with the Village clerk the policy or policies of insurance with company or companies duly licensed to transact such business in this state, insuring the operator of any taxicab to be licensed against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance or use of any taxicab to be owned or operated under such license, and agreeing to pay to any judgment creditor to the extent of the amounts specified in such policy, any final judgment rendered against the assured by reason of such liability. The policy or policies shall be approved by the Village . attorney as to form and compliance with this ordinance. The limit in any such insurance policy of such liability of the insurer on account of the ownership,_mairtenance and use of such taxicab shall not be less than $25,000 for bodily injuries to or death of one person and $50,000 on account of any one accident resulting in injuries to and /or death of more than one person, and a total of $5,000 liability for damage to property of others, arising out of any one accident. Section 11. Miscellaneous. a. All taxicab drivers shall be clean and courteous at all times. b. No driver of any licensed taxicab shall carry any ohter than the passenger first employing a taxicab without the consent of such passenger. c. No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under the resolution of the council. d. No taxicab driver shall deceive any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his destination or distance traveled or to be traveled. Section 12. Separability. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof. Section 13. Penalty., Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than ninety (90) days, or by both, for each offense. Section 14. Effect. This ordinance shall take effect from and after its passage and publication. Upon vote being taken on the adoption of the foregoing ordinance, the following voted in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly; and the following voted against the same: None; whereupon said ordinance was declared duly passed and adopted. Motion made by Glen Sonnenberg and seconded by Paul Weekly to adopt the following ordinance: AN ORDINANCE TO REGULATE THE USE AND OPERATION OF BOATS AND WATERCRAFT ON WATERS LYING WITHIN THE VILLAGE OF BROOKLYN CENTER, PROVIDING A PENALTY FOR VIOLATION THEREOF THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1. No person shall navigate, operate, dock, anchor any boat or watercraft upon any water or waterway within the Village of Brooklyn Center except in accordance with the provisions of this ordinance and all other rules and regulations made a part hereof by reference. Section 2. For the purpose of this ordinance, the term "person" shall mean any person, firm, partnership, corporation or other combination of persons. Section 3. For the purpose of this ordinance, the term "boat" shall mean every boat, houseboat, barge, vessel, raft, canoe or other watercraft used as a support in or upon the water. Section 4. The doing of any thing, act, or the operation of any watercraft in violation of any of the provisions of this ordinance is hereby declared to constitute a public nuisance and as such is hereby prohibited. Section 5. No person under the age of 15 years of age shall operate or have charge of any motor boat, and no person under the age of 13 years shall operate any rowboat, canoe or sailboat unless accompanied by an adult, except and unless a special permit therefor, has been granted by the Village Council. No person, being the owner of such a watercraft, shall permit or allow a person under the ages herein specified, to operate or run such a watercraft, unless accompanied by an adult. Section 6. No person shall navigate, direct or handle any boat in such a manner as to annoy, unnecessarily frighten or endanger the occupants of other boats or watercraft, or of persons in or upon the water. Section 10. No motorboat shall be allowed to exceed the speed of 15 miles per hour unless a special permit is obtained by the owner or operator thereof, which permit shall designate the time during which the same may be 125 Section 7. No person shall run, operate, navigate or direct any motorboat or sailboat within 100 feet of the area being used by persons for swimming or designated by the Village Council as a swimming area. Section 8. No boat exceeding 16 feet over -all in length shall be placed upon any lake or waterway in the Village of Brooklyn Center, except and unless a special permit therefor has been granted by the Village Council. Section 9. Every motorboat propelled by an internal combustion engine, shall be equipped to divert its exhaust under water, and shall be operated so that its exhaust shall be diverted underwater at all times, or shall otherwise be completely and effectively muffled so as to silence such sound. 126 adoption: operated upon waters lying within the Village of Robbinsdale and any other conditions or limitations, pursuant to which the same is issued. Section 11. Any person desirirc to operate any watercraft upon any body of water or waterway within the v illage of Brooklyn Center othewise prohibited, except upon the issuance of a special permit therefor, shall make application therefor in writing, to the Village Council, setting out the type of watercraft, the horsepower of any motor by which it is to be propelled, the over -all length of the craft, the maximum speed at which the same can be propelled, with the motor, if any intended to be used and described in such application, the name, age and residence of the owner thereof and any other information that the city may request. Section 12. Upon receipt of the application for special permit, the Village Council shall determine whether or not the same shall be issued and if such application is approved, the Village Clerk shall issue special permit to the owner or operator thereof and shall set out therein all conditions and limitations pursuant to which the same is issued. Any such permit shall be revoked if the holder thereof is found guilty by a court of competent jurisdiction of the violation of any of the provisions of this ordinance. Special permits shall be non - transferrable and shall be revokable at any time without cause. In case of revocation, the village shall give the holder of said permit, notice of such revocation by mail, addressed to the holders' last known address. Section 13. No person shall operate any racing shell, speedboat or other watercraft designed primarily for racing or operating at a high rate of speed over the water and no such boat shall be placed on any lake within the Village of Brooklyn Center, and no watercraft of any nature shall be operated at a speed in excess of that herein provided unless a special permit is obtained by the owner or opeator thereof. Section 14. Every motorboat and sailboat shall be navigated in accordance with the rules and regulations of the Minnesota State Marine Laws, which regulations are hereby adopted and by this reference made a part of this ordinance. Section 15. No person shall be or remain in any boat or otherwise upon the lakes or any other waterway within the Village of Brooklyn Center after dark nor before daylight of the following day. Section 16. Should any section, clause or provision of this ordinance be declared by the Court to be invalid, the same shall not effect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be valid. Section 17. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $100.00 or by imprison- ment for not more than 90 days. Section 18. This Ordinance shall be in full force and effect from and after its passage and publication. Upon vote being taken on the adoption of the foregoing ordinance, the following voted in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly; and the following voted against the same: None; whereupon said ordinance was declared duly passed and adopted. Member Paul Weekly introduced the following resolution and moved its RESOLUTION REQUIRING PROPERTY OWNERS TO INSTALL SIDEWALKS AND CURBING ON THEIR OWN PROPERTY ALONG A CERTAIN PORTION OF 57TH AVENUE NORTH WHEREAS, that portion of 57th Avenue North lying between Lyndale Avenue North and Dupont Avenue North does not have a full right -of -way for street purposes, and WHEREAS, that portion of said right -of -way lying north of the south line of the North half of Section 1, Township 118, Range 21, is presently only 20 feet in width, and WHEREAS, if the village and the county follow the regular pattern of street development, there would not be sufficient right -of -way to establish curb and sidewalk on the north side of said street, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER AS FOLLOWS: 1. The village council will not install curbs or sidewalks along the north side of 57th Avenue between Lyndale and Dupont until such time as that portion of the road right -of -way lying north of the south line of the North half of Section 1, Township 118, Rnage 21, is at least 30 feet in width. 2. Until such additional width is acquired, any property owners desiring curbs or sidewalks shall be required to place the same on their own property as necessary in order to conform to the regular pattern of street, curb and sidewalk developments followed within the village. The motion for the adoption of the foregoing resolution was duly seconded by member Allen Lindman, and upon vote being taken thereon the following voted in favor thereof: Arthur Paulson, Glen Sonnenberg, Wayne Gageby, Allen Lindman and Paul Weekly; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion made by Wayne Gageby and seconded by Glen Sonnenberg that a Cigarette License be issued to Ernest E. Holmes at 7250 Lyndale Avenue North for a period of six months. Motion carried. Motion made by Paul Weekly and seconded by Wayne Gageby giving the Northern States Power Co. authority to install one pole on 54th Avenue North between Logan and Morgan Avenue North. Motion carried. The following bills were audited and ordered paid: #2583 Robert Cahlander 2584 Arnold Fahlan 2585 Henry Davis 2586 Joseph Sienko 2 587 George Jenson 2588 Emil Carlson 2589 Edwin C. Peterson 2590 Wendell- Northwestern, Inc. 2591 H. V. Johnston Co. 2592 G. A. Haertel Fueld Co. 2593 Dan Elmer 2594 Paulson Hdw Co. 2595 Northern States Power Co. 2596 Miller Davis Co. 2597 Post Publishing Co. 2598 Natl Welding Co. 2 599 DeLaittre Dixon Co. 2600 Minneapolis Star & Tribune 2601 Sub. Henn. County Relief 2602 N.W. Bell Telephone Co. 2603 Brooklyn Center Hdw Co. 2604 George Jenson' 2605 Allen Lindman 2606 Elsworth Nelson 2607 Wayne Gageby #719 Old Peoria Co., Inc. 720 Ebin Brothers Co. 721 Lynn Johnson Co. 722 Ed Phillips & Sons Co. 723 Famous Brands 724 Griggs Cooper Co. 725 Cancelled 726 Minneapolis Brewing Co. 727 Gluek Brewing Co. 728 Thompson & Sons Co. 729 Bowman Distr. Co. 730 Chaska Beverage Co. 731 Superior Beer Distr. 732 Royal Beverage Distr. Co. Salary It tt Supplies Mileage Supplies Electric Service Supplies Notices Supplies It Notices Poor Relief Phone Supplies Repairs Salary Liquor 1, $ 175.00 175.00 157.50 150.00 75.00 100.00 169.24 15.00 101.43 73.54 25.00 18.36 101.62 69.95 20.70 3.00 33.78 12.00 201.01 21.00 7.9 3.00 210.00 160.39 40.00 $2146.46 1007.77 1443.44 104.70 316.72 740.69 1123.76 930.95 426.15 904.56 589.92 115.53 36.12 98.27 127 128 733 Massolt Bottling Co. 734 Coca Cola Bottling Co. 735 0. M. Droney Bev. Co. 736 Canada Dry Bev. Co. 737 Pabst Sales Co. 738 7 -Up Bottling Co. 739 Mpls Bottling Co. 740 American Linen Supply 741 James Fischbach 742 Earl Holmes 743 Richard Jennrich 744 Steve Leba 745 Paul Felegy Motion Clerk Liquor „ „ Salary $ 27. 57.09 36.27 26.01 56.54 102.49 24.20 5.65 175.00 150.00 150.00 86.25 88.13 $8823.96 Motion made by Paul Weekly and seconded by Wayne Gageby to adjourn. carried.