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HomeMy WebLinkAbout1967 12-11 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 December 11, 1967 j 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, Gordon Erickson, Howard Heck and Theodore Willard. Also present were: D. G. Poss, Charles VanEeckhout, Richard Schieffer, Richard Cihoski (arrived at 7 :50 P.M.), Jerry Dulgar, Earl Rydberg, Paul Holmlund, Dale Hamilton, Thomas O`Hehir and Robert Hutchinson. Reverend Amos LeVang of the Brooklyn Center Assemblies of Cori Church offered the invocation. Motion by John Leary and seconded by Theodore Willard to approve the minutes of the November 27, 1967 Council meeting as submitted. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to gratefully acknowledge the cash gift of $30 submitted by the Slim Or Sorry Club. It is the intent that this money will be applied to the cost of a sign for Willow Lane Park. Motion carried unanimously. Motion by John Leary and seconded by Gordon Erickson to authorize the City Manager to purchase a snow plow for the new truck that has been authorized for the Street Department in the 1968 budget. The plow, estimated to cost $875, was inadvertently omitted from the budget. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -345 RESOLUTION RENEWING AND EXTENDING CONTRACT WITH HENNEPIN COUNTY RELIEF BOARD 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 resolution was declared duly passed and adopted. Motion by Theodore Willard and seconded by Howard Heck that the City of Brooklyn Center go on record as favoring an annual metropolitan area salary survey to be conducted by an appropriate consulting firm through contract with the League of Minnesota Municipalities, with the understanding that the service will increase Metro- Section dues approximately 5056. Motion carried unanimously. Motion by Gordon Erickson and seconded by John Leary to reduce the bond for Edling 3rd Subdivision from $1600 to $770. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67-346 RESOLUTION ACCEPTING WORK (CONTRACTED BYl GIT r 1 � �7 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 resolution was declared duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -347 RESOLUTION ACCEPTING WORK (CONTRACTED B� , 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -348 RESOLUTION ACCEPTING WORK (CONTRACTED BY C 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 duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -349 RESOLUTION ACCEPTING WORK CONTRACTED By CITY) 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 resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -350 RESOLUTION ACCEPTING WORK (CONTRACTED BY C ITE, 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 resolution was declared duly passed and adopted. Member Gordon Erickson introduced the following resolution and moved its adoption: _2 - 89 d RESOLUTION NO. 67 -351 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, Howard Heck and Theodore Vuillard, and the following voted against the same; none, whereupon said resolution was declared ed d r my passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -352 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. Member Theodore Willard introduced the followin g resolution and moved Its adoption: RESOLUTION NO. 67 -353 RESOLUTION ACCEPTING WORK (CONTRACTED BY C= 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -354 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY 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, Howard Heck and Theodore Willard, and the following voted against the same: none, wheren said resolution was duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -355 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, where- upon said resolution was declared duly passed and adopted. -3- r 191 Member Howard Heck introduced the following resolution and moved its adoption; RESOLUTION NO. 67 -356 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, where- . upon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO, 67 -357 RESOLUTION ACCEPTING WORK (CONTRACTED BY C� ITY) 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, Howard Heck and Theodore Willard, 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 it4 adoption: RESOLUTION NO. 67 -358 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, 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. 67 -359 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following votes 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. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -360 RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1968 -3 AND CURB & GUTTER IMPROVE- MENT PROJECT NO. 1968 -4 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -4- 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, 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. 67 -361 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -18 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 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. 1968 -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 December 7, 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 -362 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PR07SCT NO, 1968 -16 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, Howard Heck and Theodore Willard, 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 Street Surfacing Improvement Project No. 1968 -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 December 7, 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 -363 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -17 -5- r 195 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, Howard Heck and Theodore Willard, 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. 1968 -6. The f publication of notice of hearing h Jerk produced an affidavit o u lica T C p u p g on the proposed improvement showing two weeks publication thereof in the official newspaper, the last publication being on December 7, 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. Af ter 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 -364 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROTECT NO. 1968 -6 w 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. The Mayor announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1968 -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 December 7, 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 Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -365 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO, 1968 -7 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 resolution was declared duly passed and adopted. The meeting recessed at 9 :44 P. M. and resumed at 9 :58 P. M. Member Theodore Willard introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 67 -21 AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY RELATING TO SOURCES OF POULTRY AND POjJLTRY PRODUCTS -6- 197 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Section 8 -108.5 is hereby amended to read as follows: Section '8- 108.5. SOURCES OF POULTRY AND POULTRY PRODUCTS. All poultry and 22ul= vroducts shall be clean, wholesome free from pathogenic microorganisms, spoilage and adulteration, and shall be processed in a food establishment under the supervision and inspection of the United States Department of Agriculture, and shall be approved by the Health Authority. All shell e„ gs must comply with the above, except that they need not be processed under, the supervision of the United States Department of Agriculture, but shall be pwcessed handled and distribouted as required b state laws and regulations, and by this ordinance, and shall be approved by the Health Authority. No broken -out, liquid or frozen eaa�ap , whether mixed or separated as yolks or whites with or without salt or jugar added shall be brought into produced, held, received, used, sold, or offered for sale in any food establishment in the City unless they have been pasteurized or treated as to destroy all viable pathogenic microorganisms and processed and packaged under the supervision and inspection of the United States Department of Agriculture. Coliform and fecal streptococci may not exceed 100 organisms per gram. All containers of broken -out, liquid or frozen eggs be labeled or marked with indelible ink to indicate the date when and the place where the eggs were broken, together with the nom, of the owner of the eig- breaking establishment, the word "pasteurized" and the inspection legend of the United States Department of Agriculture. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 11th day of December, 1967 The motion for the adoption of the foregoing Ordinance was duly seconded by Gordon Erickson, and upon a 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 ordinance was declared duly passed and adopted. Member Howe rd Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -366 RESOLUTION REGARDING ASSIGNMENTS OF RESPONSIBILITY TO STATE DE PART ME NTS OF AGRI.,C JZLTURE AND HEALTH 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. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -367 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -19; SANITARY SEWER IMPROVEMENT PROJECT NO. 1968 -20; STORM SEWER IMPROVEMENT PROJECT NO. 1968 -21; GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1968 -22; AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1966 -23; AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS -7- 199 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. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -368 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -24 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1968 -25 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -369 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1968 -26, SANITARY SEWER IMPROVEMENT PROJECT NO. 1968 -27, AND STREET GRADING & SURFACING IMPROVEMENT PROJECT NO. 1968 -28, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor then opened consideration of Application #67052 reviewing the Council's inspection of the subject site and the resulting concerns. Mr. Kauffman, who represents Village Builders, stated that Mr. and Mrs. Richard Gunderson of Brooklyn Center would purchase the proposed townhouses and reside in them as operators. Councilmen Heck asked the applicant if he had studied the engineering problems involved with particular reference to drainage problems. Mr. Kauffman said that. he had, and that he felt they could eventually be resolved. Mr. Elsen, owner of the property, asked if water stood in the low part of the property during past years. Several residents who were present replied that it did. Mr. Van Eeckhout stated that the City Engineering Division had not studied the drainage problems enough to determine if there is a solution or how costly it would be. After gathering all comments, the Council directed the City Engineer to study the alternative solutions to the drainage problem, and further, directed the City Attorney to prepare a legal opinion on the matter. Further, the Council directed that the matter of a minimum size of townhouse development site be referred to the Planning Commission for study and recommendation prior to January 8, 1968. Motion by John Leary and seconded by Theodore Willard to table Application #67052 with the concurrence of the applicant, until the meeting of January 8, 1968. Motion carried unanimously. Mr. Poss then reviewed Application #67032 submitted by Sipe Bros, which application had been considered at the October 5, 1967 Planning Commission meeting. The Council considered the proposed sign ordinance _8 _ 201 and how it related to this application. After determining that these signs . were in aggregate consistent with the area requirement of the proposed sign ordinance and would be similar to what some other service stations were allowed, the Council took the following action. Motion by Gordon Erickson and seconded by Theodore Willard to revise previously approved building and site plans to allow retention of a freestanding sign that is not to exceed 35 square feet in area and 18 feet in height and not to overhang the public right- of -way. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF A VOLUNTEER FIRE DEPARTMENT AND ESTABLISHING REGULATIONS Motion carried unanimously. Mr. Poss explained that this amending ordinance was consistent with Charter requirements and was part of the continuing practice of updating ordinances to conform to Charter provisions. The next application to be considered was Application #67062 submitted by Dayton Development Co. requesting rezoning. After studying and considering the application the following action was taken. Motion by Gordon Erickson and seconded by John Leary to approve Application #67062. Motion carried unanimously. The next application to be considered was Application #67064 submitted by Leroy Berg requesting a special use permit. Mr. Poss explained the action of the Planning Commission on this request. After briefly considering the matter, the Council decided to table the application until the meeting of December 28, 1967. Motion by Gordon Erickson and seconded by Howard Heck to table Application #67064 until the meeting of December 28, 1967. Motion carried unanimously. Member Howard Heck introduced the following ordinance, moved to declare a complete second reading and further moved its adoption: ORDINANCE NO. 67 -22 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES BY REPEALING A PORTION THEREOF AND AMENDING CHAPTER 5 OF THE CITY ORDINANCES BY AN ADDITION THERETO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 7 of the City Ordinances is hereby amended by the repeal of the following section: (Section 7- 202.1. RUBBISH BURNING RESTRICTED. No person, firm or corporation shall set or maintain any bonfire or shall knowingly furnish the materials for any such fire, or authorize any such fire to be set, kindled or maintained on or in any street, alley, lot, land or public or private grounds within the Village of Brooklyn Center. The burning of rubbish, paper or any combustible material is prohibited unless such material is burned within a safely constructed burner or similar device so that the burning particles will not escape from the burner, and is not within fifteen (15) feet of any flammable material, building or structure and such burning of rubbish, paper or other combustible material shall not be done between the hours of 6 :00 A. M. and 12:00 Noon on any weekday.) Section 2: Chapter 5 of the City Ordinances is hereby amended by the addition of the following: _9_ Section 5 -301. RUBBISH BURNING RESTRICTED. No person, firm or corporation shall set or maintain any open bonfire or shall knowingly furnish the materials for any such fire, or authorize any such fire to be set, kindled or maintained on any public or private lands or premises within the City of Brooklyn Center. The outside burning of rubbish or other combustible material is prohibited unless such material is burned within a safely constructed burner or similar device designed to prevent any burning particles from escaping from the burner, and further provided that any burning in a safely constructed burner or similar device shall not be done within fifteen (15) feet of any flammable material building, or structure and that su h burnin g shall not be done between the hours of 12 Midnight to 12 Noon on any day. No person, firm or corporation shall under any circumstances burn garbage, Section 5 -302. PENALTY. Any person violating any provision of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding One Hundred ($100.00) Dollars or imprisonment not exceedin ninety (90) days. Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 11th day of December, 1967. The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon a vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon ErWkeon, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Theodore Willard 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 7 of the City Ordinances is hereby amended by the repeal of the following sections: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND ADDING PORTION THERETO 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, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Theodore Willard and seconded by john Leary to declare a first reading of the following ordinance: AN ORDINANCE REGULATING THE OPERATING, PARKING, STORING, REPAIRING, SERVICING AND MAINTAINING OF IM VEHICLES Motion carried unanimously. Motion by Howard Heck and seconded by Gordon Erickson to declare a first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF &ND ADDING PORTIONS THERETO Motion carried unanimously. - 10- 15 Motion by john Leary and seconded by Theodore Willard to approve the following licenses: CISarette Licenses Brookdale Mobil 57th & Xerxes Burger King (Pioneer Dist.) 6110 Osseo Road Taco Towne (Pioneer Dist.) 6219 Osseo Road Pilgrims Cleaners 5728 Morgan Avenue North Quickie Service Spur Station 6830 Osseo Road Wes' Standard Service 6044 Osseo Road Gasoline Service Station Licenses Cafferty Pure Oil 69th & Humboldt Ave. No. Wes' Standard Service 6044 Osseo Road Quickie Service Spur Station 6830 Osseo Road Howe Inca 4821 Xerxes Avenue North Brooklyn Pure Oil 6901 Osseo Road Rubbish Hauling License W. W. Company 1600 Oregon Ave. So. Gas Piping License Comfort Heating 2531 Marshall St. N. E. Heating License Comfort Heating 2531 Marshall St. N.E. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO, 67 -370 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, 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 John Lary to approve the request of the Jaycees for a burning permit to dispose of Christmas trees on January 6, 1968 at 69th Avenue North and Palmer Lake. Motion carried unanimously. Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -371 RESOLUTION SETTING WAGES AND SALARIES FOR THE YEAR 1968 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -11- _75 Mr. Poss explained the request by the Civil Defense Department for changes in their communication system. The Department would like to use some available funds in the 1967 Budget for walkie talkies. This discussion was tabled until the meeting of December 28, 1967. Councilman Willard related that he had been appointed to the LMM Metro- Section - Intergovernmental Relations Committee. Motion by John Leary and seconded by Howard Heck to adjourn. Motion carried c unanimously. The meeting adjourned at 12.40 A. M. Cl rk Mayor - 12- CITY OF BROOKLYN CENTER ORDINANCE NO. 67-23 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES BY REPEALING PORTIONS THEREOF AND ADDING PORTIONS THERETO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOW S: Section 1: Chapter 7 of the City Ordinances is hereby amended by the repeal of the following sections: (Section 7 -201. DISPOSAL OF GARBAGE RESTRICTED. It shall be unlawful for any person either to cause, or allow, garbage to be deposited or left upon any street, alley or other public highway, or upon any land within the Village of Brooklyn Center. No garbage shall be deposited in or upon any public dump hereinafter provided or established.) (Section 7 -202. DISPOSAL OF REFUSE RESTRICTED. It shall be unlawful for any person, firm or corporation to throw, scatter upon or deposit, or cause or permit to be thrown, scattered upon or deposited, any rubbish, trash, refuse, waste material, decaying or offensive matter, or like substance, upon or in' f any street, public highway, lake, stream or other body of water, whether frozen r' or not, or upon or in any land or area not designated as a public dump in the Village of Brooklyn Center; provided, however, that any lawful occupant of land may place such matter on such land for reasonable periods of time so long as the same constitutes neither a fire hazard nor a public or private nuisance.) (Section 7 -203. APPLICATION AND GRANTING OF PERMITS FOR PUBLIC DUMPS. The Village Council may grant a special permit for the use of such land as it may in its discretion deem desirable and proper for use as public dumping I places in accordance with the provisions of this ordinance. Any person desiring to operate a public dump may make application as provided for special permits under the Zoning Ordinance of the Village of Brooklyn Center. Notices and hearing shall be in accordance with such ordinance. The Village Council may impose such I estrictions in the permit in addition to those set out in this ordinance as it deems Ordinance No. 67 -23 Pa.je 2 Section 7 -203 continued proper. The application shall be accompanied by an annual fee of Two Hundred Fifty ($250) Dollars or such proportional part of that fee corresponding to such shorter periods within which the permit expires. All special permits issued hereunder shall expire on the 30th day of June next following the granting of the same unless sooner revoked by the Village Council. upon favorable action b;- th(� Villa Council to :,rant ci special permit the applicant shall file with the Village Clerr surety bond to be approved by the Clerk in the amount of Two Th ,)usand ($2,0' J.,)O) Dollars, or such additional amount as the Village Council may require, conditioned upon full compliance with the ordinances of the Village and for the benefit of any person who may be injured by the operation of the public dump. Any expense incurred by the Village Council in enforcing the provisions of this ordinance, or fines imposed shall be reimbursed from this bond. The special permit shall be effective only upon the filing of such bond.) ( Section 7 -204 FILING AND RECORDING OF PERMITS. A certified copy of all special permits shall be recorded each year on the record title of the property and such certified copy shall then be filed with the Village Clerk toaether with the endorsement of the Register of Deeds or Registrar of Titles within 60 days after granting the permit.) ( Section 7 -205 TRANSFER OF PERMITS. Such special permit shall not be transferable except with the consent of the Village Council. All applications for the transfer of such permits shall be in writing and shall conform in all respects with the provisions of this ordinance governinq the filing of an original application except that said application need be accompanied only by a transfer fee of Ten ($10.00) Dollars.) ( Section 7 -206 REVOCATION OF PERMITS. No special permit granted hereunder shall create any vested right in the holder and any such permit may be terminated at will by the Village Council as hereinafter provided, and such revocation shall be final and shall not give rise to any cause of action or claim against the Village.) ( Section 7 -207 REVOCATION OF PERMITS - WHEN HEARING REQUIRED. Such special permit may be revoked by the Village Council without notice following a conviction of the permit holder in a court of competent jurisdiction for any violation of any ordinance of this Village or of the laws of the State of Minnesota regarding public health arising out of the operation of the public dump. Such permit may also be revoked at any time by the Village Council upon a hearing following at least five (5) days written notice of both the reasons for the proposed revocation and of the time and place of said hearing. The permit holder shall have an opportunity to appear in person, by agent, or by attorney and present evidence relative to the proposed revocation. If the permit is revoked, a proportionate amount of the permit fee shall be returned. ) Ordinance No. 67 -23 P_ige 3 ( Section 7 -208 SUPERVISION OF PUBLIC DUMPS. All authorized public dumps shall be under the supervision of the chairman of the hea',lth committee of this Village who shall enforce the regulations hereinafter set'', forth. ) ( Section 7 -209 HOURS FOR DUMPING. No person shall deposit refuse in a public dump except between the hours of 6 :00 A.M. and 7 :00 P.M. and no dumping shall be done on Sundays or holidays except upon and with the permission of the chairman of the health committee. ) ( Section 7 - LOOSE REFUSE REQUIRED TO BE COVERED'''. All deposit on a public dL.rnp w tin cans or other objects capable of holding water and all loose paper or m<terial which can be carried by the wind shall be forthwith covered with earth or ashes.) 1 matter Section 7-211 OTHER REFUSE REQUIRED TO BE COVERED All deposited in and on such public dumps shall be covered with earth or ashes at such times and to the extent that the chairman of the health committee shall from time to time direct. Dump refuse shall be immediately covered with 18 inches of dirt filling when said dump is no longer operating. ) ( Section 7 -212 MAXIMUM DUMPING AREA. No exposed dumping area shall exceed two thousand five hundred (2, 500) square feet at any time or such lesser area as the permit may allow. As exposed areas are filled, they,, shall be covered with 18 inches of dirt fill.) ( Section 7 -213 POLLUTION AND OBSTRUCTION OF DRAINAGE PROHIBITED. No dumping or subsequent filling shall materially divert or obstruct natural drainage or shall create a ground level higher than the adjacent property. No dumping shall cause the pollution of any lake, stream, pond or other natural water. No dumping shall be done within ten (10) feet of the property under other ownership.) ( Section 7 -214 CONTROL OF RODENTS AND INSECTS. Rats, mice and insects shall be controlled by approved methods such as poisoning or spraying. Rodent poisons shall be placed in such manner so that it is not accessible to children, pets, game birds or animals. ) ( Section 7 -215 PREVENTION AND CONTROL OF FIRE IN PUBLIC DUMPS. No person shall deposit any material at such public dump which i'! highly combustible or likely to cause a fire and no fires may be made or Thad at or upon such public dump except upon a permit first obtained from the Chief of the Village Eire Department and under his supervision and direction. No foul' or offensive odors or dense smoke shall be allowed to escape from such fires to other property.) Ordinance No. 67 -23 P -Y ,je 4 ( Section 7 -216 COMPENSATION TO FIRE DEPARTMENT. Said Fire Chief shall be paid by the operator of such public dump for his services in granting permits for such fires and for his supervision and direction of the same the sum of Five ($5.00) Dollars per hour or fraction thereof. In the event the Fire Department Chief shall deem it necessary or desirable to call the Village Fire Department to extinguish any such fires or to protect adjoining or other property therefrom and if the Fire Department shall answer such call, the operator of such public dump shall pay the Fire Department the sum of One Hundred ($100.00) Dollars for each hour or part thereof that the Fire Department is required to attend) (Section 7 -217 COUNCIL MAY ORDER COMPLIANCE. Upon failure of the permit holder to carry out any provision of this ordinance, the Village Council may in its discretion proceed to have such provisions carried out at the expense of the permit holder.) ( Section 7 -218 VIOLATIONS AND PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred ($100.00) Dollars or by imprisonment in the County Jail for not longer than ninety (90) days. ) ( Section 7 -219 SEPARABILITY. Every provision of this ordinance is declared separable from every other provision and if a provision be held invalid, such invalidity shall not affect any other provision.) (Originally assed May 14 1952.)) P y Section 2: Chapter 7 of the City Ordinances is hereby amended by the addition of the following: Section 7- 108.10 DISPOSAL OF GARBAGE AND REFUSE RESTRICTED. It is hereby declared unlawful for any person - , firm or corporation to throw, scatter, or deposit, or cause or permit to be thrown, scattered, or deposited, any rubbish or garbage upon or in any public or private lands or bodies of water within the City of Brooklyn Center Section 3: Chapter 7 of the City Ordinances is hereby amended by the repeal of the following section: (Section 7 -123 PENALTY. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or imprisonment in the Village or County Jail for a period not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of license, and in addition to abatement of a nuisance hereunder.) 6 Ordinance No. 67 -23 Page 5 Section 4: Chapter 7 of the City Ordinances is hereby amended by the addition of the following section: Section 7 -123. PENALTY. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not ex One Hundred ($100.00) Dollars or imprisonment not exceeding ninet (90) days_ Such penalty may be imposed in addition to revocation or suspension of a hauler's license and in addition to cost of abatement of nuisance hereunder Section 5: This ordinance shall become effective after adoption and thirty days following its legal publication: Adopted this 11th day of D e c ember X1967. Mayor ATTEST :�- Clerk Published in the Official Newspaper November 30, 1967 Effective Date December 30, 1967 (Brackets indicate matter to be deleted, underline indicates new matter) e i Y