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HomeMy WebLinkAbout1966 08-08 CCM Regular Session Fl A27 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center In the County of Hennepin and State of Minnesota August 8, 1966 The Village Council met in regular session and was called to order by Mayor Philip Cohen at 7;30 P, M. Roll Call: Present were Mayor Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard. Also present were: T. L. Hadd, P. W, Holmlund, Roger Van House, James Johnston, Thomas O'Hehir, Richard Cihoski and Tale Hamilton. Reverend Vick of the Berean Evangelical Free Church offered the invocation, Motion by Howard Heck and seconded by John Leary to approve the minutes of the August 1, 1966 Council meeting as recorded. Voting in favor: Philip Cohen, John Leary, Earl Simons and Howard Heck. Not voting: Theodore Willard. Motion carried. The Village Council considered the resolutions prepared in regard to Application No. 66005 submitted by Twin Realty, but deferred action pending the arrival of the representatives of the Northport Property Owners Association. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -225 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1966 -43; SANITARY SEWER IMPROVEMENT PROJECT NOS. 1966 --41 and 42; STORM SEWER IMPROVEMENT PROJECT NO. 1966 -40; CURB & GUTTER IMPROVEMENT PROJECT NOS. 1966 -44 AND 45; AND GRADING, BASE & SURFACING IMPROVEMENT ?R 4 ACT Ngfi 1966 -46 and 47 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 66-226 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED §TORM MME IM LRMNZNT NO 1966 -40 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -227 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANILARX S KO. 1 66 -41 _1_ 129 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, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -228 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED NO, 12§6- The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66-229 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED N 1 6 -4 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -230 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED 19 - 4 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -231 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED CY_Rj QV=R IMEHMMENT No. 1966 -45 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO 66 -232 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED GRAD N A - 126§-46 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -233 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED G N 19§6-47 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -234 RESOLUTION ESTABLISHING STREET SURFACING IMPROVEMENT PROJECT NO. 1966 -34 AND ORDERING PREPARATION OF PLANS A The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -235 RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1966 -35 AND ORDERING PREPARATION OF PL&M ANP aMCjZjCATQKS 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, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary Introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -236 RESOLUTION ESTABLISHING PUBLIC S UB C UTILIT}E EXTENSION IMPROVEMENT PROJECT NO. 1966 -36 AND ORDERING P The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Representatives of the Northport Property Owners Association having arrived, to wit: Mr. Ackerson, Mrs. Ackerson and Mr. Neal Nelson, the Council then considered the resolutions prepared by the staff regarding .3- - r 133 Application No. 66005 submitted by Twin Realty, Inc. Member john Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -237 RESOLUTION REGARDING APPLICATION NO. 66005 FOR REZONING OF PARCELS 424 and 442. PLAT 89010 FROM -- _ R -1 to R -5 - TWIN 1EA =* The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66-238 RESOLUTION REGARDING APPLICATION NO. 66005 EM GRA - The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66-239 RESOLUTION REGARDING APPLICATION NO. 66005 FOR AEEBOM gX §JM P The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council then considered Application No, 66023 submitted by Thomas Wilder and Fireside Realty. After reviewing the history of the application, Mayor Cohen reviewed the report prepared by the planning consultant regarding the subject application. After due deliberation on the report, and after having called for comments from interested parties in attendance Theodore Willard moved and Howard Heck seconded that the Village Administrator and Village Attorney be instructed to draft a resolution denying Application No. 66023, said resolution to set forth the history of the application and further to state the findings of the Council as follows: 1. The requested rezoning is Incompatible with, and contrary to, the comprehensive plan for the area. 2. The proposed rezoning is incompatible with the existing uses of surrounding property. 3. It is the finding of the Council that no substantial change has occurred in the character of the property which would make it unsuitable for its present zoning; said resolution to be presented for Council consideration for the August 15, 1966 meeting. Motion carried unanimously. -4- 1-35 Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -240 RESgjUTLQK ACQPTINQ @,j2 MB LQ EQ_UIPMENJ 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, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Earl Simons to authorize the Administrator to proceed with the acquisition and installation of peripheral equipment for the police communication system as outlined in the August 5, 1966 memorandum prepared by Mr, Ltndman. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -241 RESMUTION ACCEPTI 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. Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted Motion by Earl Simons and seconded by Howard Heck to amend the 1966 General Fund Budget as follows: Increase Account No. 401 -13 (Professional and Consultant Fees) in the amount of $500.00. Decrease Account No. 401 -48 in the amount of $500.00; said appropriation to be reserved for use by the Capital Improvements Review Board for professional consulting services. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -242 RESOLUTION ACCEPTING WORK (CONTRACTED BY VLLLA91) The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -243 RESOLUTION ACCEPTING WORK _(CONIM=12 BY Y The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ! r te — Y — 187 Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66.244 RESOLUTION ACCEPTING WORK The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken therm, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons,, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -245 RESOLUTION ACCEPTING WORK -(CONMCTED BY VILLAGE} The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared . passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -246 RESOLUTION ACCEPTING WORK _ (CONTRACTED BY VILLAGE The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, 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 amend paragraph 2 of Resolution No. 66 -114 entitled "Resolution Accepting Work (Contracted by Village)" as follows: "The value of work performed is I~ more than the original contract amount by $2.74 because of general e�rerra+stf�ti��g un derestimatina of plan quantities"." Motion carried unanimously. Mayor Cohen left the meeting at 10 :45 P. M. and Mayor Pro -tem Howard Heck assumed the chair. Motion by John Leary and seconded by Theodore Willard to approve the final plat of "Tisch Addition" and authorize the Mayor and Clerk to sign the same. Motion carried unanimously. Motion by john Leary and seconded by Earl Simons to approve the preliminary plat of Outlot No. 1 of Northland Estates and part of Lot 37, Auditor's Subdivision No. 309 as set forth in Application No, 66053 submitted by O.K. Realty, Inc. Motion carried unanimously. Motion by John Leary and seconded by Earl Simons to accept the recommendation of the Village Administrator and appoint the following part- time Liquor Store employees at the salaries and effective dates listed; Delbert Hirte, 4305 Aquila Ave. No.. effective 8 -5 -66 @ $1.50/hr. Albert Shaff, 6400 Lee Ave. No. , effective 8 -6-66 @ $1.50 /hr. Motion carried unanimously. -6- 189 Mayor Cohen returned to the meeting at 10 :55 P. M. and assumed the chair. Member Earl Simons introduced the following ordinance amendment, moved to declare a second reading, and further moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance amendment shall be attached to the minutes and be a part thereof: Section l: Chapter 19 of the Village Ordinances is hereby amended by the addition thereto of the following: AN ORDINANCE REGUTATING THE POSSESSION AND PURCHASE OR DELIVERY OF BARBITURATES AND OTHER PROHIBITED DRUGS AND M=ING M=IN pExA=S EOR XMI VIOWION TINREO The motion for the adoption of the foregoing ordinance amendment was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, john Leary,, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance amendment was declared duly passed and adopted. Member Howard Heck introduced the following ordinance amendment, moved to declare a second reading, and further moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance amendment shall be attached to the minutes and be a part thereof: Section 1: Chapter 19 of the Village Ordinances is hereby amended by the addition thereto of the following: AN ORDINANCE PROHIBITING THE INHALING, BREATHING OR DRINKING OF CERTAIN SUBSTANCES COMMONLY KNOWN AS GLUE AND REGULATING THE PURCHASE, SALE AND The motion for the adoption of the foregoing ordinance amendment was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, john Leary, and Howard Heck, and the following voted against the same: Theodore Willard.. 9 Q lard, whereupon said ordinance amendment was declared duly passed and adapted. Member john Leary introduced the following ordinance amendment, moved to declare a second reading, and further moved its adoption, provided however, that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance amendment shall be attached to the minutes and be a part thereof: Section 1: Chapter 19 of the Village Ordinances is hereby amended by the addition thereto of the following: AN ORDINANCE REGULATING THE SALE AND , P06 $ ION OF CODEINE The motion for the adoption of the foregoing ordinance amendment was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance amendment was declared duly passed and adopted. Member Howard Heck introduced the following ordinance amendment, moved to waive a complete second reading, and based upon the recommenda- tion of the Fire Chief and Police Chief, moved its adoption: -7- r 1. 4 5 THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 5 (Fire Prevention and Fire Department) of the Village Ordinances is hereby amended by adding thereto a new section reading as follows: AN ORDINANCE EMPOWERING THE CHIEF OF THE FIRE DEPARTMENT TO ESTABLISH F_IRE,,, L&NES = PRBSC,BING A PEIU'rY Section 5 -401. ORDERS ESTABLISHING FIRE LANES, The Bureau of Fire Prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking -� Fire Lane" or a similar message. When the fire lane is on public property or a public right -of -way, the sign or signs shall be erected by the Village, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane, Section 5 -402 PENALTY. Any person violating any provision of this ordinance or any order made pursuant thereto, shall be guilty of a misdemeanor and subject to a fine not exceeding $100.00, or imprisonment for a period not exceeding 90 days with costs of prosecution in either case to be added. Each days violation after notice thereof shall constitute a separate offense. Section 2. This ordinance shall be in full force and effect immediately upon its adoption and publication. Adopted this 8th day of August, 1966. The motion for the adoption of the foregoing ordinance amendment and waiver of second reading was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard and the following voted against the same: none, whereupon said ordinance amendment was declared duly passed and adopted. Motion by John Leary and seconded by Theodore Willard to approve the following licenses: Food Establishment License Lutheran Church of the Master 1200 - 69th Ave. No. Douse Mover's J&en_ see Garrison House Movers 4420 Garrison Lane Retail On -Sale License Lynbrook Bowl, Inc. 6357 No. Lilac Drive Motion carried unanimously. Motion by Theodore Willard and seconded by Howard Heck to table action on the license application submitted by Donald Zachow for location in Buyer's Market Parking Lot until 8- 15 -66. Motion carried unanimously. The bills having been audited, Earl Simons moved and john Leary seconded to order paid the bills set forth in the schedule dated August 8, 1966, and filed in the permanent record book, Motion carried unanimously, -8- Motion by john Leary and seconded by Howard Heck to appoint the following listed persons as judges of the primary election to be held September 13, 1966: DISTRICT # 1: Maude Johnson 5435 Emerson Avenue No. Ruth Haines 5548 Morgan Avenue No. Loretta Stewig 5455 Colfax Avenue No. Dorothy Olson 5443 Logan Avenue No, Bess Warner 5444 Knox Avenue No. DISTRICT # 2: Mae Lent 910 55th Avenue No. Marilyn Cashman 5622 Emerson Avenue No. Everiel Larson 5620 Girard Avenue No. Beverly Johnson 6242 Camden Avenue No. Lois Johnson 5940 Bryant Avenue No. DISTRICT # 3: Esther Durland 6851 West River Road Dorothy Paulson 6900 West River Road Rose Werner 1005 69th Avenue No. DISTRICT # 4: Myrtle McQuiilen 6912 Oliver Avenue No. Lorene McKusick 7024 Morgan Avenue No. Dorothy Dorfner 6407 Girard Avenue No. DISTRICT # 5: Mary Pascoe 7060 Perry Avenue No. Charlotte Boatman 7037 Drew Avenue No. Alice Madir 7024 Quail Avenue No. Marjorie Grosshans 6920 Lee Avenue No. DISTRICT # 6: Bonnie Gearou 6500 Drew Avenue No, Geraldine Dorohy 4306 Winchester Lane Alice Van Meerten 4519 Winchester Lane Emma Gageby 3200 66th Avenue No. Lillian Barten 3101 Quarles Road DISTRICT # 7: Agnes Roeber 5937 Zenith Avenue No. Janet Schmidt 5942 Xerxes Avenue No. Donna Lichtenberg 6249 Brooklyn Drive Denise Hainlin 5936 Zenith Avenue No. Jody Flaa 6248 Brooklyn Drive DISTRICT # 8: Phyllis Rydberg 3500 Admiral Lane Marjorie Ammon 5042 Ewing Avenue No, Barbara Sexton 3824 58th Avenue No. Geraldine Reger 5024 France Avenue No. Marian Robold 3619 54th Avenue No. Motion carried unanimously. r 149 Member Earl Simons introduced the following ordinance amendment, moved to waive a complete second reading, and further moved its adoption: THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 35 of the Village Ordinances is hereby amended by the addition thereto of the following: AN ORDINANCE AMENDING CHAPTER 35 OF THE ORDINANCES OF THE VILLAGE OF BROOKLYN CENTER, SAID CHAPTER BEING KNOWN AS THE "ZONING ORDINANCE OF THE VILLAGE OF JROOK1,YN gEXMR Section 35 -817 entitled (Multiple Family Residence District) is hereby amended by the addition thereto of the followings "Lot 2, Block 1, Replat of Part of Block One, Olson's Island View Terrace Addition ", Section 35,840. entitled (General Business District) is hereby amend d by the addition thereto of the following: "Lot 1, Block 1, Replat of Part of Block One, Olson's island View Terrace Addition". Section 2. This ordinance shall take effect from and after its legal publication, day Adopted this 8th of August, 1966. The motion for the adoption of the foregoing ordinance amendment and waiver of second reading was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, Earl Simons, john Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance amendment was declared duly passed and adopted. Motion by john Leary and seconded by Theodore Willard to approve a temporary construction sign for the Chrysler Motors construction site at Osseo Road & 62nd Avenue North, said sign to be limited to a maximum size of 48 square feet per face with two faces permitted, and further, that said sign be authorized for a period not to exceed 180 days from the effective date of August 9, 1966. Motion carried unanimously. Motion by john Leary and seconded by Earl Simons to adjourn. Motion carried unanimously. The Village Council adjourned at 12 :25 A. M. Mayor AA Clerk i -10- THE VILLAGE COUNCIL OF THE VEUAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 19 of the Village Ordinances is hereby amended - by the ` addition thereto of the following: AN ORDINANCE REGULATING THE POSSESSION AND PURCHASE OR DELIVERY OF BARBITURATES AND OTHER PROHIBITED DRUGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREQFF Section 19 -1120. DEFINITIONS. Subdivision 1. Prohibited Drug As used herein the term "prohibited drug" means; (a) Barbital and any derivative thereof; including but not limited to the following: diethylbarbituric acid; anya lkyl er'Yl, metallic or halogenated derivative of barbituric acid; veronal (barbitone); proponal, ipral; dial; neonal (soneryl); sandoptal; amytal; phenobarbital (luminal); phandorn; noctal; allonal (which contains allylisopropyl- L barbituric acid in combination with amidopyrine) medianl; any preparation, mixture or other substance containing any of the foregoing substances. (b) Amphetamine and any derivatives thereof including but not limited to such substances as follows: desoxyephedrine (methamphetamine) mephentermine, pipradoi, phenmetrazine, methylphenidate or any salt mixture or optical isomer thereof which salt mixture or optical isomer has a stimulating effect on the central nervous system. (c) Chloral Hydrate (Chloral); Chlordiazepoxide and its salts (Livrium); Diazepam (Valium); Ethchiorvynol (Placidyl); Ethinamate (Valmid); Glutethimide (Doriden); Meprobamate (Miltown, Equanil, Meprospan, Moprotabs); Methyprylon (Noludar); Paraldehyde. Subdivision 2. Deliver. The term "deliver" means sale, offer for sale, barter, exchange, administering, dispensing, giving away, distributing, or supplying in any other manner. The term deliver as herein defined shall Include the attempt to do such acts as well as the actual completed commission thereof. Subdivision 3. P t t. The term "patient" means, as the case may be (a) the individual for whom a prohibited drug is prescribed or to whom a prohibited drug is administered, or (b) the owner or the agent of the owner of any animal for which a prohibited drug is prescribed or to which a prohibited drug is administered, Section 19 -1120 (Cont'd) Subdivision 4, Person The term "person" bhcludes Individual, corporation, partnership, and association. Subdivision 5. Practitioner. The term "practitioner means a person licensed by law to prescribe and administer any of the prohibited drugs as defined above. Subdivision 6. Pharmacist. The term "pharmacist" means a person duly licensed and registered with the Minnesota State Board of Pharmacy as a registered pharmacist. Subdivision 7. Prescription. The term "prescription" means a written or oral order by a practitioner to a pharmacist for a prohibitive drug or stimulant for a particular patient, which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient (and, if such barbiturate or stimulant is prescribed for an animal, the species of such animal) , the name and quantity of the prohibited drug prescribed, the directions for use of such drug, and in the case of a written order the signature of such practitioner. An oral order by a practitioner for a prohibitive drug must be. promptly reduced to writing by the pharmacist. Subdivision 8. Manufacturer. The term "manufacturer" means persons other than pharmacists who prepare drugs in dosage forms by mining, compound- ing, encapsulating, entableting, or other process. Subdivision 9. Wholesaler The term "wholesaler" means persons engaged In the business of distributing prohibited drugs to persons included in any of the classes named In Section 19 -1122. Subdivision 10. Warehouseman. The term "warehouseman" means persons who store prohibited drugs, for others and who have no control over the disposition of such prohibited drugs or stimulants except for the purpose of such storage. Section 19 -1121 UNLAWFUL POSSESSION, DELIVERY OR PURCHASE. It is unlawful for any person to have in possession, purchase, or to deliver as herein defined any prohibited drug as defined in Section 19 -1120 hereof, except on a lawful prescription by a practitioner. §ection 19 -1122, EXCEPTED LAWFUL BUSINESSES AND PROFESSIONS. Section 19 -1121 of this ordinance shall not apply to the following in the ordinary course of their trade, their business, or profession provided, however, this exception shall not be a defense to the doing of the acts prohibited in said Section 19 -1121 or 19 -1123 hereof: Subdivision 1. Practitioners Subdivision 2. Pharmacists Section 19 -1122 (Cont`d) Subdivision 3. Manufacturers Subdivision 4. Pharmacists as manufacturers Subdivision 5. Wholesalers Subdivision 6. Warehousemen Subdivision 7. Persons engaged in transporting such prohibited drugs as agent or employee of a practitioner, pharmacist, manufacturer, warehouseman, wholesaler, common carrier. Subdivision 8. Public officers or public employees in the performance of official duties requiring possession or control of such prohibited drugs, or persons aiding such officers or employees in the performance of such duties. Subdivision 9. Any patient as herein defined with respect to procuring, possession and use of 'a prohibited drug in accordance with the terms of a prescription and prescribed treatment. Subdivision 10. Persons who procure, possess or use such drugs for the purpose of lawful research, teaching or testing, and not for sale. Subdivision 11, Lawfully licensed and registered hospitals or bonafide institutions wherein sick or injured persons are care for and treater, or by bonafide hospitals for the treatment of animals. Section 19- 1123 UNLAWFUL PROCURING, PURCHASE, DELIVERY' OR POSSESSION. No person shall, nor attempt to possess or have in his control or possession to purchase, or deliver a prohibited drug. Subdivision 1. by fraud, deceit, misrepresentation or subterfuge, or Subdivision 2. by the forgery or alteration of a prescription, or Subdivision 3. by the concealment of a material fact, or Subdivision 4, by the use of a false name or the giving of a false address, or Subdivision 5. by making a false statement in any prescription, order, report, or record relative to a prohibited drug, or Subdivision 6, by falsely assuming the title of, or falsely representing any person to be,_ a manufacturer, wholesaler, warehouseman, pharmacist, practitioner, or other person described in Section 19 -1122 hereof. Section 19- -1123 (Cont'd) Subdivision 7. by making, issuing or uttering any false or forged prescription. S ection 19 -1124 CONFISCATION AND DISPOSITION OF PROHIBITED DRUGS. Any prohibited drugs found in the possession of any person convicted of a violation of this ordinance shall be confiscated and shall be forfeited to the Chief of Police who shall make proper and timely disposition thereof by destroying them. Section 19 -1125 USE OF ORIGINAL CONTAINERS AND LABELS REQUIRED. All patients having possession of any prohibited drugs, by lawful Prescription of practitioner while such prohibited drugs are lawfully in such person's possession, shall keep such prohibited drugs in the original container in which they were delivered until used in accordance with such Prescription, and shall not remove the pharmacist's original label Identifying the prescription from such original container. Section 19- 1126. Any person violating the provisions of this ordinance, " upon conviction, shall be unishe p d by a fine of not more than one hundred dollars or by imprisonment for not to exceed 90 days. Section 2. This ordinance shall take effect from and after its legal publication. Adopted this 8_ th day of August, 1966. Mayor ATTEST• Clerk THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1; Chapter 19 of the Village Ordinances is hereby amended by the addition thereto of the following: AN ORDINANCE PROHIBITING THE INHALING, BREATHING OR DRINKING OF CERTAIN SUBSTANCES COMMONLY KNOWN AS GLUE AND REGULATING THE PURCHASE, SALE AND POSSESSION THER= Section 19-1135, INHALING, BREATHING, DRINKING OF CERTAIN SUBSTANCES PROHIBITED, No person shall inhale, breathe or,'drink, or be or became intoxicated by reason of inhaling, breathing, or drinking any substance commonly known as glue, adhesive, cement, mucilage, dope, solvents, lacquer, drugs, fingernail polish and lacquer, nail polish remover, or thinners for the above named substances, nor any substance containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethel ketone, trichoroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetete, cyclohexanone, or any other substance which contains ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons, or any other similar ingredient which releases toxic vapors for the purpose of inducing tons of Intoxication, e latio n, g Ymp , e a n, excitement, confusion, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the balance, coordination or the audio, visual, or mental processes. Section 19 -1136. PURCHASE, SALE OR POSSESSION REGULATED. No person shall, for the purpose of violating or aiding another to violate any provision of this ordinance, intentionally possess, buy, sell, transfer possession, or receive possession of any glue containing the intoxicating substances defined in Section. Section 19 -1137 SELF SERVICE DISPLAY PROHIBITED. Retail establishments selling glue containing the intoxicating substances defined in Section 19 -1135 shall not sell such glue from a self- service . dis la P Y Section 19 -1138 Any person violating the provisions of this ordinance, upon conviction, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not to exceed 90 days. Section 2: This ordinance shall take effect from and after its legal publication. Adopted this 8. h day of Aug u� 1966. ?a Mayor ATTEST: Z(,"' Clerk THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 19 of the Village Ordinances is hereby amended by the addition thereto of the following: AN ORDINANCE REGULATING THE SALE AND POSS SION OF CODEINE Section 19 -1130. SALES, ETC. OF CODEINE PROHIBITED, AND EXCEPTION. No person shall administer, dispense, sell, barter, exchange or offer for sale, give away, distribute, deliver, or supply in any manner, when he knows or can by reasonable diligence ascertain, that such administer- ing dispensing, selling, bartering, exchanging or offering for sale, give away, distribute, deliver, supply, or in any manner provide codeine or any of its salts to the person to whom or for whose use such preparation is administered, dispensed, sold, bartered, exchanged or offered for sale except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Minnesota Section 19 -1131 PURCHASE AND POSSESSION PROHIBITED, AND EXCEPTION. No person shall purchase or have in his possession codeine or any of its salts, except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Minnesota. Section 19 -1132 Any person violating the provisions of this u niched a fine of not more than conviction, shall be by ordinance, upon con , P one hundred dollars or by imprisonment for not to exceed 90 days. Section 2: This ordinance shall take effect from and after its legal publication. Adopted this 8 ... h._ day of August, 1966. Mayor ATT Clerk