HomeMy WebLinkAbout1967 04-10 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
Minnesota
April 10, 1967
The City Council met in regular session and was called to order by
Mayor Philip Cohen at 7 :30 P.M.
Roll Call: Mayor Philip Cohen, John Leary and Gordon Erickson were
present. Howard Heck and Theodore Willard were absent. Also present
were D. G. Poss, T. L. Hadd, P. W. Holmlund and Charles Van Eeckhout.
Reverend Henry Ramus of the Brook Park Baptist Church offered the
invocation.
Motion by john Leary and seconded by Gordon Erickson to approve
the minutes of the April 3, 1967 City Council meeting as recorded. Motion
carried unanimously.
Member Gordon Erickson introduced the following ordinance amendment,
moved to declare a second reading and further moved its adoption:
AN ORDINANCE AMENDING CHAPTER 23 OF THE
CITY ORDINANCES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS .
FOLLOWS:
Section 1: Chapter 23 of the Ordinances of the City of Brooklyn Center
are hereby amended as follows:
Section 23 -010. LICENSE FEES. The fees for the various licenses
shall be as hereinafter stated, notwithstanding other provisions
regarding the specific fee.
Type of License Reguir� Section License Expires Fee (annual)
( Electrical 3 -808 April 30 20-.00)
( Plumbing 3 -S07 April 30 20.00 )
( On -Sale Malt 11 -103 (a) Dec. 31 100.00 )
On -Sale Malt 11 -102 sub.l Dec 31 250.00
( Off -Sale Malt 11 -103 (a) Dec. 31 5.00 )
Off -Sale Malt 11- 102,sub.1 Dec. 31 10.00
Motor Vehicle Dealer -
Class "A" 23 -1202 April 30 150.00
Motor Vehicle Dealer
aler
Class ' "B" 23 -1202 April 30 75.00
Section 2: This ordinance shall become effective thirty days followf *
its legal publication.
Adopted this 10th day of April, 1967.
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 and Gordon Erickson, and the
following voted against the same: none, whereupon said ordinance was
declared duly passed and adopted.
� - 1-
r
Member John Leary introduced the following ordinance, 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 City Council,
the text of the ordinance shall be attached to the minutes and be a part thereof:
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
Section 1: Chapter 23 of the Ordinances of the City of Brooklyn Center
is hereby amended by the addition thereto of the following:
AN ORDINANCE RELATING TO THE SALE OF MOTOR VEHICLES,
ESTABLISHING REGULATIONS, PROVIDING FOR LICENSING
AND PROVIDING FOR PENALTIES
The motion for the adoption of the foregoing ordinance was duly seconded by
member Gordon Erickson and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, John Leary and Gordon Erickson, and
the following voted against the same: none, whereupon said ordinance was
declared duly passed and adopted.
Motion by John Leary and seconded by Gordon Erickson to declare a
first reading of the following ordinance: AN ORDINANCE PROVIDING FOR THE
ESTABLISHMENT OF A REMOTE STATION FIRE ALARM PROTECTIVE SIGNALING
SYSTEM. Motion carried unanimously.
Member Howard Heck arrived at 7 :50 P.M.
Member John Leary introduced the following resolution and moved its
adoption:
RESOLUTION NO. 67 -100
RESOLUTION ACCEPTING WORK
_(CONTRACTED BY VILLAGE)
The motion for the adoption of the foregoing resolution was duly seconded by
member Gordon Erickson, and upon vote being taken thereon, the following
voted in favor thereof; Philip Cohen, John Leary, Gordon Erickson and Howard
Heck, and the following voted against the same: none, whereupon said
resolution was _declared duly passed and adopted.
Member Gordon Erickson introduced the following resolution and moved
its adoption:
RESOLUTION NO. 67 -101
RESOLUTION ACCEPTING WORK
CONTRACTED 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, Gordon Erickson and Howard
Heck, 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. 67 -102
RESOLUTION ACCEPTING WORK
(CONTRACTED BY VILLAGE)
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, Gordon Erickson and Howard Heck,
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
-2-
The Mayor announced that the meeting was open for the consideration
of proposed Curb & Gutter Improvement Project No. 1967 -19.
The Clerk produced an Affidavit of Publication of Notice of Public
Hearing on the proposed improvement showing two weeks' publication thereof
in the official newspaper, the last publication being on April 6, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
improvement, member Howard Heck introduced the following resolution and
moved its adoption;
RESOLUTION NO. 67 -103
RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER
IMPROVEMENT PROTECT NO, 1967 -19
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, Gordon Erickson and Howard Heck,
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Water Main Improvement Project No. 1967 -3.
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 April 6, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections and the property owners appearing in favor of said
improvement, member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -104
RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN
IMPROVEMENT PROJECT NO, 19671 -3
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, Howard Heck and Gordon Erickson,
and the following voted against the same :' none, whereupon said resolution
was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Sanitary Sewer Interceptor & Lift Station Improvement Project No.
1967 -4.
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 April 6, 1967, which affidavit was
examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
improvement, member Howard Heck introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -105
RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER
INTERCEPTOR & LIFT STATION IMPROVEMENT PROTECT NO, 1967 -4
-- -3-
The motion for the adoption of the foregoing resolution was duly seconded by
member Gordon Erickson, and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson and Howard
Heck, and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Sanitary Sewer Lateral Improvement Project No. 1967 -16.
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 April 6, 1967, which affidavit was
examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for 9 or against the proposed improvement. After hearing and
Po P g
considering all objections,, and the property owners appearing in favor of said
improvement, member John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO. 67 -106
RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER
LATERAL IMPROVEMENT PROs, ECT NO, 1967-16
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, Gordon Erickson and Howard Heck,
and the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Water Main Improvement Project No. 1967 -17.
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 April 6, 1967, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
improvement, member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -107
RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN
IMPROVEMENT PRO�'EC__�T NO, 1967 -17
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, Gordon Erickson and Howard Heck,
and the following voted against the same: none, whereupon said resolution
was declared duly passed and adopted.
Mayor Philip Cohen left the chair at 8 :42 P. M. and yielded the gavel
to Mayor Pro -tem Howard Heck,
The Mayor announced that the meeting was open for the consideration
of proposed Street Surfacing Improvement Project No, 1967 -18.
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 April 6, 1967, which affidavit
was examined and found satisfactory and ordered placed on file.
-4-
r
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
improvement, member John Leary introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -108
RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING
IMPROVEMENT PROTECT NO, 1967 -18
The motion for the adoption of the foregoing resolution was duly seconded by
member Gordon Erickson, and upon vote being taken thereon, the following
voted in favor thereof: John Leary, Gordon Erickson and Howard Heck, and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
Mayor Philip Cohen returned and resumed the chair at 8:45 P. M.
The Mayor announced that the meeting was open for the consideration
of, proposed Sanitary Sewer Improvement Project No, 1967 -7.
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 April 6, 1967, which
affidavit was examined and found satisfactory and ordered placed on file,
The Mayor then called upon all property owners present to present
arguments either for or against the proposed improvement. After hearing and
considering all objections, and the property owners appearing in favor of said
improvement, member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -109
RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER
IMPROVEMENT PROJECT NO 1967 -7
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, Gordon Erickson and Howard
Heck, 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. 67- 110
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
WATER MAIN IMPROVEMENT PROJECT NOS. 1966 -16, 1967 -1,
3, 17, 20, 22, 23 and 24; SANITARY SEWER INTERCEPTOR &
LIFT STATION IMPROVEMENT PROJECT NO. 1967 -4; SANITARY
SEWER LATERAL IMPROVEMENT PROJECT NOS. 1966 -15, 1967 -7,
16 AND 21; AND PUBLIC UTILITIES EXTENSIONS IMPROVEMENT
PROTECT NO. 1967 -5. AND DI8ECT1NG ADVERTISEMENT FOR BIDS
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, Gordon Erickson and Howard
Heck, 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. 67 -111
-5-
r
RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED
SANITARY SEWER IMPROVEMENT PROJECT NO. 1967-21 AND
WATER MAIN IMPROVEhgNT PROJECT NO, 1967-22
The motion for the adoption of the foregoing resolution was duly seconded
by member Gordon Erickson and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson and Howard
Heck, 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. 67 -112
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
WATER MAIN IMPROVEhZNj PROTECT NO, 1967 -23
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, Gordon Erickson and Howard
Heck, and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
Member Gordon Erickson introduced the following resolution and
moved its adoption:
RESOLUTION NO. 67 -113
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
'WATER IMPROVEMENT NO. 1967 -24 AND PROVIDING FOR
REIMBURSEMENT OF UNASSESSED COST OF WATER IMPROVE-
MENT NO. 1960 -1
I
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, Gordon Erickson and Howard
Heck, 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. 67 -114
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
STREET SURFACING IMPROVES PROJECT NO, 1967 -25
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, Gordon Erickson and
Howard Heck, and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
Member Theodore Willard arrived at 8 :55 P. M.
Member Howard Heck introduced the following resolution and moved
Its adoption:
RESOLUTION NO. 67 -115
RESOLUTION ESTABLISHING MUNI STATE AID STREETS
The motion for the adoption of the foregoing resolution was duly seconded by
member Gordon Erickson, and upon vote being taken thereon, the following
voted in favor thereof: Philip Cohen, john Leary, Gordon Erickson, Howard
Heck and Theodore Willard, and the following voted against the same: none,
whereupon said reso3ut on was declared duly passed and adopted.
-6-
Motion by Theodore Willard and seconded by Howard Heck to declare
a first reading of the following ordinance; AN ORDINANCE RESTRICTING
VEHICULAR TRAFFIC ON PUBLIC WALKWAYS AND PRESCRIBING PENALTIES
FOR THE VIOLATION THEREOF. Motion carried unanimously.
The Council then considered Application No. 67002 submitted by
Zejdlik and Harmaia Architects, said consideration being the final approval
of site and building plans in conjunction with the special permission granted
on February 6, 1967, for the construction of two and three- itmily townhouse
type dwellings on the properties in the vicinity of 68th -69th and Noble Avenues
North. After due consideration of the Planning Commission's recommendations
thereon, and consideration of written correspondence from adjoining property
owners, member Theodore Willard moved and John Leary seconded to amend
the Councils previous action on Application No. 67002 on February 6, 1967,
and approve the final site and building plans submitted, acknowledging the
following as conditions of the special use permission hereby being granted:
1. A 15 -foot setback along the west property line of Lot 5,
Block 1, Northtown Plaza 1st Addition;
2. A 25 -foot setback along Noble Avenue;
3. A 25 -foot setback along 68th Avenue;
4. Approval of the building plans by the Council is contingent
upon final approval by the City Building Inspector.
Motion carried unanimously.
Member John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO, 67 -116
RESOLUTION REQUESTING THE INTRODUCTION AND ADOPTION
OF SPECIAL LEGISLATION PERTAINING TO THE ESTABLISHMENT
OF A POLICEMAN'S PENSION FUND AND ESTABLISHING BENEFITS
AND PROVIDING TAX LEVIES THEREFORE
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, Gordon Erickson, Howard
Heck and Theodore Willard, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Motion by Gordon Erickson and seconded by Howard Heck to adjourn.
Motion carried unanimously. The City Council adjourned 2: 0 Midnight,
m
Mayor
erk y
-7-
AN ORDINANCE RELATING TO THE SALE OF MOTOR VEHICLES,
ESTABLISHING REGULATIONS, PROVIDING FOR LICENSING
AND PROVIDING FOR PENALTIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 23 of the Ordinances of the City of Brooklyn
Center is hereby amended by the addition thereto of the following:
Section 23 -1201. DEFINITIONS: As used in the ordinance,
' the following terms shall mean
(a) CAR: Any new or used automobile or truck
(b) DEALER IN MOTOR VEHICLES: Any person, firm or
corporation, together with any subsidiary or branch thereof
engaged in the business of buying, selling, displaying or
offering for sale new or used motor vehicles as a principal
business or occupation. The dealer in motor vehicles will also
be referred to herein as "dealer" or "licensee ".
(c) MOTOR VEHICLE: For the purpose of this ordinance motor
vehicles shall be of the two following classes (1) Class A will
apply to cars; (2) Class B will apply to and mean motor cycles
and any other type of land vehicle propelled by a motor other than
cars
(d) "EXECUTIVE ",, "OFFICIAL ". "HOUSE CAR" or "DEMONSTRATOR ":
These terms shall apply only to any motor vehicles which have
actually een used b either b 'd official r representative
i r a ona fide o o
v v
of the manufacturer or by the dealer making the sale offer and
which have never been sold to a member of the public
(e) SALE: The term "sale" is defined and is deemed to have
taken place only when the dealer and the customer have agreed,
in writing, on'at least all of the following elements
1. The make, model, type and year of the manufacture of motor
vehicle intended to be sold to and purchased by the customer,
including the agreed date of delivery to customer
2. The net purchase price to be paid therefor by the customer
f.o.b. Brooklyn Center, including any amount allowed for a trade -in
3. Amount of down payment, if any
4. The cost of additional repairing, servicing 2.r-parts,-if any
Section 23 - 1202. LICENSE REQUIRED: No person shall be
engaged in the business of buying, selling, displaying or offering
for sale new or used motor vehicles at any place of business without
first obtaining an appropriate license as required under this
ordinance
Section 23- 1203. SEPARATE LICENSES: Each licensee shall
have an established place of business, and each license shall
authorize business at only the designated premises. if a licensee
has more than one place of business, a separate license is required
for each
j Section 23 -1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE
h DEALER LICENSES: No motor vehicle dealer's license shall be
issued except under the following conditions
(a) No Class A motor vehicle dealer license shall be issued
to any person who does not possess and operate under a new car
franchise or contract in and for the City of Brooklyn Center,
r
except that such license may be issued to any person not operating
under such new car franchise if such licensee operates and main-
tains in Brooklyn Center an enclosed garage, showroom or other
car display or rental structure on the land, which structure shall
have a true and full City Assessor's value equal to at least twice
the true and full value of land used by such licensee in the sale
of new and used cars
(b) Every Class A licensee shall provide, overate and main-
tain in the Cit of Brooklyn Center at least one equipped and
manned repair shop or facility capable of repairing the motors
engines, brakes, lights, tires, electrical and other o, Aerating
e,g u,ipment of any motor vehicle sold by such dealer
(c) No motor vehicle dealer license of any class shall be
issued for any place or business on which any taxes are delinquent
on the records of the office of the Hennepin County Auditor or
which is not zoned therefore
(d) Each licensee shall provide sufficient parking space on
licensee's premises for all motor vehicles repaired processed b
such licensee
(e) The applicant for any license required under this
ordinance shall file an application for plan approval with the
Secretary of the Brooklyn Center Planning Commission. Such applli
cation shall be accompanied by a detailed maps plat or drawing
the place of business for which such license is to be issued showing
among other information, the address, location and dimensions
thereof; the location, type and dimensions of any building fence,
and lighting eMuipmennt thereon; the intended plan of all vehicle
Parking, the location and dimensions of processed car storage space;
all curb openings; all driveways and alleyways therein and thereon;
and a certificate by the City Engineer approving the drainage and
paving on such place of business. Unless chancres are thereafter
made, the same plan or map and other information need not be
resubmitted for any renewal.
(f) The payment of the fees hereinafter set forth
(g) The approval and filing of the bond as hereinafter set
forth, for Class A Licenses
(h) The-obedience to all of Qe other conditions and pro--
visions , governing such business or operation set forth in this
_ordinance, other ordinances of BrookI n Center, and the laws of
the State of Minnesota
Section 23 -1205. APPLICATION? FOR LICENSE; The application
for anx license hereunder shall be made in writing and si ed b
the apglicant on forms provided by the City Clerk which
tion shall show, among other information, the names, residence
or principal place of business and age or ages of all individual
applicants; if a partnership, the names, addresses and ages of all
partners; if a coreoration, the name and addresses of all the
officers and stock holders thereof roof of the franchise authorizin
the licensee to sell new cars in BrooklM Center, or proof of the
true and full City Assessor's value of show room or other structure
in Brooklyn Center as compared to the true and full value of car
display land all as set forth in Section 23 -1244 (a herein; the
business or occu ation and residence addresses of the applicant
for a period of_ 3 years immediately prior to the date of such
application, including all partners, officers, or stock holders;
any previous insolvency or bankruptcy of any a plicant; and such
other pertinent, relevant or material information as the City may
from time to time reeguire. All applications for such licenses
shall be accompanied by the information described in Sections 4 and
5 of this ordinance.
Sectors 23 -1206. LICENSE FEES. The fee for a Class A
license shall be $150.00 per year for each licensee.
The fee for a Class B license shall be ,$75.00-per year,
for each licensee.
Section 23 -1207. EXPIRATION DATE. All licenses issued
under this ordinance shall expire on ARril 30th of each Year.
Section 23 -1208. TRANSFER OF LICENSES. Licenses, hereunder
may not be transferred from person to person or from place to
place.
Section-23-1209. STATE LICENSES REQUIRED, No license
shall be issued to deal in motor vehicles unless the applicant
is licensed under the appropriate Minnesota Statutes so to do.
Section 23 -1210. COUNCIL AUTHORITY. The City Council
may grant, deny suspend, or revoke, any license under this
ordinance, but any suspension or revocation shall be preceded
by a hearing before the Council with not less than three (3)
days notice thereof to the applicant or licensee.
Section 23- 1211. BOND REQUIRED. Each application for a
Class A license shall be by a bond in the sum of
$5,000.00,, which shall run to the City of Brooklyn Center for
the benefit of any person, firm or corporation who shall sustain
any injury covered by the bond. The bond shall be conditioned
that the principal will indemnify any and all 2ersons, firms or
corporations for any direct loss suffered because of dishonesty,
misrepresentation or fraud on the part of the principal in the
substitution of a motor vehicle or parts thereof for the one
selected by the purchasers failure through dishonesty or fraud
to deliver a clear title to those legally entitled thereto; anX
misappropriation of monies or properties belonging to a Rurchaser
being made in 2ayment of a motor vehicle sold by the rind al•
alteration of a motor vehicle, its license plate or serial number
on the part of the principal or with his knowledge so as to deceive
the purchaser as to the year or model of any motor vehicle sold;
M
or the violation of any of the provisions of this ordinance. Any
person_,firm or corporation who sustains an injury covered by
this bond may in addition to any other remedy that he may have,
bring an action in his own name upon the bond and against the surety
for the recovery of any damage sustained by him. Each licensee
need file only one bond regardless of the number of licenses held..
Secti n 23 -1212. DELIVERY. At the time of delivery, the
dealer shall furnish to the customer a written copy of the invoice,
Conditional Sales Contract Chattel Mortgage, Order, or other
writing containing the following information, if applicable
(a) Cost of insurance, if any, and description of the
exact coverage of such insurance. if such insurance does not
include property damage or liability insurance, a statement to
this effect shall be prominently stated on such document or documents
(b) Cost of additional repairing, servicing or parts.
(c) Exact cost of time price differential, including the
exact amount or amounts, of the monthly installments, the number
of such installments and the total time balance.
(d) Cost of motor vehicle license to be added
(e) The amount of down payment
(f) The final net purchase . price to be paid 'therefore by
the customer f.o.b. Brooklyn center, including any amount allowed
for a trade --in
Section 23r REQISTRA The registration of title
card or bill of sale for any car sold shall be forwarded by the
dealer to the Secretary of the State of Minnesota not later than
fourteen t14) days after the date of the sale. No dealer shall
receive and refuse to return to the owner any registration or
title card for the purpose of compelling the owner of such card
to purchase a motor vehicle from the dealer unless such dealer is
ready, willing and able to comply with the terms of the contract
or agreement for the sale of the motor vehicle
Section - -1214. SALES AWAY FROM PLACE OF BUSINESS No
dealer salesman or employee such dealer shall advertise
any motor vehicle as being sold by the owner thereof at the owner's
home _or residence if such motor vehicle is actually owned by or
consigned to the licensee and sold as part of his business. No
licensee shall use any public street, premises or alley in the
City for the storage of motor vehicles.
Section 23� - 1215. MORTGAGEES OR LIENS If any licensee shall
knowingly sell a motor vehicle which is subiect to a mortgage lien
or payments, the licensee shall furnish a statement in writing to
the purchaser definitely stating the amount of such mortgage, lien
or payments, and the name and address of the holder or owner of
such mortgage, lien or other indebteQaess. If the licensee shall
knowincrly fail to furnish such information, any such mortgage,
lien or Payments shall be paid by the licensee
Section 23- 1215. SPEEDOMETER TAMPERING No licensee or
agent of such licensee shall fraudulently change, set back, or
disconnect or fail to connect or cause to be changed, set back
disconnected, or cause the failure to connect any speedometer of
any used motor vehicle for the purpose of effecting the sale of such
used motor vehicle. Provided, however, it shall not be unlawful
for a licensee or his accent to offer a used motor vehicle for
sale with the speedometer reading thereon turned back to zero.
Section 23 -1217. BLANK CONTRACTS. No licensee shall obtain
the signature a purchaser on any blank sales or 2urchase contract
order, conditional sales contract, chattel or other mortgage,
note or other writing or memorandum relating to the sale of any
motor vehicle exce t for the financing statement or like document
required under the Unifoom Commercial Code.
Section 23 -1218. SALES AS AGENT. The provisions of this
ordinance shall a22lV to all sales made b a licensee irrespective
of whether or not the motor vehicle sold or advertised for sale is
owned by such license or whether he is acting as an accent or
consignee for the ,owner
Section 2,3 -1219. MOTOR VEHICLE LOTS CONDITIONED. All outdoor
2 arking lots car lots motor vehicle lots or any area used for the
purpose of displaying for sale motor vehicles shall be constructed,
maintained, illuminated as set forth in the Brooklyn Center
Zoning Ordinance.
Section 23- 1220. RECORDS OF SALES. Records of all purchases
and sales shall be kept by the licensed dealer describing each
vehicle purchased and sold by reference to Serial number and
State License number and date of each transaction and such records
shal•1 be available for examination by the City Manager, Chief of
Police and such other agents as may be designated by the City Council.
Section 23 -1221. LICENSE CERTIFICATE TO BE DISPLAYED
Licensees hereunder shall prominently display in their show room,
or in the event of no show room, in the room or area where negotia-
tions and sales are consummated with the public, each license
certificate issued hereunder.
Section 3 -1222. PE TY. Any Person violating the terms
of this ordinance shall, upon conviction thereof be fined a sum
not to exceed One Hundred Dollars 100.00 or imprisonment in the
County Jail, for a period not to exceed ninety (90) days. Any
violation of this ordinance shall in addition to other 22nalties
be grounds for revocation of license.
Section 2: This ordinance shall become effective thirty
days following its legal publication.
Adopted this 10th day of April, 1967»
m4yor
ATTEST:
Clerk
Published in the Official Newspaper March 30, 1967.
(Brackets indicate matter to be deleted, underline indicates new
matter)