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HomeMy WebLinkAbout1966 06-06 CCM Special Session Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of „ Minnesota June 6, 1966 The Village Council met in special session and was called to order by Mayor Philip Cohen at 7 :30 P. M. Roll Call: Mayor Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard. Also present were A. J. Lee, D. G. Poss, T. L. Hadd, P.W. Holmlund, Roger Van House, James Johnston, Thomas O'Hehir and Jean Murphey. Reverend Delmar Dahl of the Brooklyn Center Baptist Church offered the invocation. Motion by John Leary and seconded byTheodore Willard to approve the minutes of the May 31, 1966 Council meeting as recorded. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the minutes of the June 2, 1966 Council meeting as recorded. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to instruct the administrative staff to draft ordinance changes for Council review which would permit non - intoxicating malt beverages to be served in bowling alleys and further, said draft to include revocation standards for non - intoxicating malt beverage licenses, methods of control, provisions prohibiting the installation of a bar and provisions prohibiting outside advertising of non intoxicating malt beverages. Voting in favor of the motion: John Leary, Earl Simons, Howard Heck and Theodore Willard. Voting against the same: Philip Cohen. Motion carried. Motion by Theodore Willard that Application No. 66023 as amended be tabled for an additional 30 days and that the rezoning proposals submitted by the Planning Commission of rezoning to R -5 for Parcels 6223 and 5400, and rezoning to R-3 for Parcels 5600, 5800, 6010 and 6224 be reviewed by Hodne and Associates, Planning Consultant as regards the compatibility of the proposed zoning with the standards and concepts presently before the Council in the proposed "701" comprehensive plan; further, that the Planning Consultant express his views on the suitability of R -3 as a buffer between R -1 and business land uses. At this point, Mayor Cohen yielded the chair to Mayor Pro -tem Howard Heck. The preceding motion was seconded by Mayor Cohen. Motion by John Leary and seconded by Theodore Willard to amend the preceding motion to request the Planning Consultant to submit a tentative budget of costs to the Village prior to the expenditure of time on the afore - mentioned review. Voting in favor of the motion to amend: Philip Cohen, John Leary, Howard Heck and Theodore Willard, and against the same: Earl Simons. Motion carried. Voting in favor of the amended original motion: Philip Cohen, John Leary; Howard Heck and Theodore Willard, and voting against the same: Earl Simons. Motion carried. Motion by Howard Heck and seconded by Johan Leary to table action on Application No. 66005 submitted by Twin Realty until the June 27th meeting and request the attorney to provide an opinion to the Council regarding the validity of denying the application because of traffic considerations, and further, to instruct the administrative staff to investigate the possibility of condemning right -of -way to serve the subject property, to investigate the possibility of changing the traffic lights at 55th and Osseo Road, and further, to investigate the possibility of access from the property onto the access ramp to Highway 100 from Osseo Road. Motion carried unanimously. -1- Motion by John Leary and seconded by Theodore Willard to table action for 30 days on the proposed Used Car Regulation Ordinance. Motion carried unanimously. 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: AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF REFUSE, GARBAGE, SWILL, RUBBISH AND WASTE MATTER, FOR THE REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF, FOR THE REGULATION AND LICENSING OF GARBAGE HAULERS, AND FOR ABATEMENT OF REFUSE ACCUMULATIONS: IMPOSING A PENALTY FOR VIOLATION THEREOF: AND REPEALING SECTIONS 7 -101 THROUGH 7 -112 AND AMENDING SECTION 23 -010 QF THE VMIAGE ORDIKWCES The motion for the adoption of the foregoing ordinance amendment 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. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -173 RESOLUTION ACCEPTING BID AND APPROVING .. !qONTMT FgR,M �. 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, Earl Simons, Howard Heck, John Leary 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 -174 RESOLUTION ACCEPTING BID AND APPROVING QOKT$ACT. FARM. .�. 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, Earl Simons, Howard Heck, John Leary 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 - 175 RESOLUTION ACCEPTING WORK {QQNTRA D BYVLLAGE) 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, Earl Simons, Howard Heck, John Leary and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- 21 Motion by Howard Heck and seconded by Theodore Willard to accept the recommendation of the Village Administrator and appoint the following personnel to the positions, salaries and effective dates listed: Effective Appointment NAME POSITION §AIM Date Terminates Ted Haugen Field Caretaker 1.50/hr. 6 -1 -66 8 -31 -66 Elmer Peterson Field Caretaker 1. SO/hr. 6 -1 -66 8 -31 -66 James Zacha Softball Supervisor 2.50 /hr. 6 -1 -66 8 -31 -66 Penelope Brueske Temporary Clerk 1.25/hr. 6 -6 -66 Michael Robold Temp. Street Laborer 2.20 /hr. 6 -1 -66 Dennis Olson Temp. Street Laborer 2.20 /hr. 6 -13 -66 Fames Draper Temp. Street Laborer 2.20 /hr. 6 -13 -66 Byron Johnson Temp. Street Laborer 2.20/hr. 6 -13 -66 Motion carried unanimously. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -176 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN PROPERTY INCLUDED IN THE QPEN -SEAQ AERL=IO 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, Earl Simons, Howard Heck, John Leary and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Theodore Willard to approve the following licenses: Cigarette, license: P. John Thompson 7236 West River Road Food Establishment License Tom Thumb Vegetable Market 7236 West River Road Heating License: C. O. Carlson A/C Company 709 Bradford Ave. No. Commercial A/C Inc. 811 Park Ave. H. Conrad Mfg. Co. 509 - lst Ave. N.S. Gasoline Service Station license: Bill West Pure Oil Station 5700 North Lilac Drive Motion carried unanimously. Motion by Howard Heck and seconded by Earl Simons to adjourn. Motion carried unanimously. The Village Council adjourned at 12:20 A. M. L Mayor Cleric / -3- AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF REFUSE, GARBAGE, SWILL, RUBBISH AND WASTE MATTER, FOR THE REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF, FOR THE REGULATION AND LICENSING OF GARBAGE HAULERS, AND FOR ABATEMENT OF REFUSE ACCUMULATIONS: IMPOSING A PENALTY FOR VIOLATION THEREOF: AND REPEALING SECTIONS 7 -101 THROUGH 7 -112 AND AMENDING SECTION 23 -010 OF THE VILLAGE ORDINANCES THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 7 of the Village Ordinances is hereby amended to read as follows: Section 7 -101 DEFINITIONS. Whenever used in this ordinance, words shall have the following meanings: Refuse means all solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchen, dining room, market, food establishment or any places dealing in or handling meat, fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structure; accumulated waste materials, cans, containers, tires, junk, or other such substance which may become a nuisance. Garbage includes every accumulation of animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds fruit or vegetables, including the cans, containers or wrappers wasted along with such materials. Swill includes that particular garbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places. Rubbish includes wood,, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 7 -101 (Cont'd) Waste matter includes waste matter composed of soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal and all other has been or material which h r noncombustible m e is to be discarded. 3 _pion 7 -102 REFUSE CONTAINERS REQUIRED. The occupant of any private dwalling, the keeper or manager of any hotel, motel, restaurant, eating house, or boarding house or any building where meals are served, the owner of any flat or apartment house, trailer camp or auto court, and any other person having refuse as herein defined, shall provide and keep on such premises sufficient containers for the storage of all refuse accumulated on the premises between collections. Each such container shall be water tight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin and absorption of moisture, shall be fire proof and shall not exceed 30 gallons in size unless otherwise specifically authorized in writing by the Village Sanitarian. However nothing herein shall be deemed to require the storage in containers of any refuse which is immediately consumed or disposed of in an approved incinerator. Section 7 -103. REFUSE TO BE KEPT IN CONTAINERS. All refuse on any premises shall be stored in the containers required by Section 2 hereof, except as the same may be consumed or disposed of on such premises as permitted by said section. Section 7 -104 PLACING OF CONTAINERS. The containers shall be placed in the rear of the premises in such a manner as to be out of view from the street in front of the premises or placed in a garage located on the premises. In no event shall containers be placed next to the street or curb or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Containers kept outside shall be placed in such a manner as not to P Y permit entry of or harborage for animals, insects or other vermin. Section 7 -105 FREQUENCY AND MANNER OF COLLECTION. The contents of the containers shall be collected once every week, or more frequently if required by the provisions of any other ordinance of the Village, by a collector licensed hereunder. He shall transfer the contents of the containers to his vehicle without spilling them, or if any spilling occurs, he shall clean it up completely. Upon each collection, the containers shall be completely emptied and returned to the racks or stands where they are kept, and the lids of the containers shall be replaced. Section 7 -106 DEFECTIVE CONTAINERS. If upon inspection by the Village Sanitarian, a container is found to be in poor repair, corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet other requirements of this ordinance, the Sanitarian shall notify the provider or user bf the container of the deficiency and shall require repair or replacement of the container and shall state a compliance date in the notice. If the deficiency Section 7 -106 (Cont'd) is not corrected by said compliance date, the Sanitarian shall condemn the It - deficient container and affix a tag or deposit refuse in a container ha been unlawful for any person to place condemned. Section 7 -107 COLLECTOR MAY CANCEL SERVICE. The collector shall cancel service to any premises when the only container or containers thereon have been condemned, and may cancel service for cause, or when the party for chargeable for the collection service is two months or more overdue in paying such service. Section 7 -108. ABATEMENT OF REFUSE AC which c omply T • wth this ordina of refuse on any premises not stored in containers or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and shall be abated by order of the Village Health Officer, as provided by Minnesota Statutes, Sections 145.22 and 145. 23, and the cost of abatement may be assessed on the property where the nuisance was found,as provided in said section. Section 7 -109 HAULERS TO BE LICENSED. No person shall engage in hauling or conveying rubbish, garbage or other refuse from any premises in the Village unless he holds a valid license hereunder. Section 7 -110. LICENSE PROCEDURE OR CONTROL: PENALTIES. The provisions of Section 23 -001 - 23 -013 of the Village Ordinances including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses. Section 7 -111. APPLICATIONS. The application for license or renewal of license shall contain a description of the types and customers, fovehicles used for collection, a schedule of the charges to be made to frequency of service to be rendered and full information as to where the and how the material collected will be disposed of, and any other information Sanitarian shall require. Section-7-112 PERFORMANCE BOND REQUIRED. Applicants for licenses or renewal of licenses shall file with each application a bond in the penal sum of $200.00 or the equivalent thereof, conditioned that he will faithfully continuously provide a garbage and /or rubbish collection service, as specified in his application as approved by the Village Council and Sanitarian, a es and regulations by the Ordinances of the Village and the lawful orders rules promulgated by the Public Health Sanitarian. Section 7 -113, INSURANCE POLICIES TO BE FILED. Applicants for licenses or renewals of licenses shall file with each application a copy of an insurance policy or of insurance policies under which there is coverage as to each vehicle to be used, for the entire term of the license applied for, for loss or damage to persons in the amount of $100,000 for each person and $300,000 for each accident, and for loss or damage to property in the amount of $50,000. Each such policy shall provide that it shall not be cancelled or terminated without notice thereof first being given to the Village. Section 7 -114. FEE. The fee for the license required by this ordinance shall be $10 for each vehicle to be used. Section 7 -115. TERM OF LICENSE. The term of each license hereunder shall be from January 1, to December 31. Section 7 -116 ADMINISTRATION BY PUBLIC HEALTH SANITARIAN. Applications for license hereunder shall be submitted to the Village Public Health Sanitarian and licenses shall be granted or denied based on the recommendation of the sanitarian. The Village Public Health Sanitarian is hereby made the deputy of the Village Administrator for the purpose of notifying licensees of violations, and suspending or recommending the revocation of licenses. Section 7 -117 DECALS TO BE PLACED ON VEHICLES. Whenever a license or renewal has been granted hereunder, the Village Clerk shall furnish to the licensee a decalcomania for each vehicle. The decalcomania shall be so worded as to signify that the vehicle is licensed by the Village. The licensee shall apply the decal comania to the forward left side of the body of each vehicle licensed. Section 7 -118 SPECIFICATIONS OF VEHICLES. The body of every vehicle licensed hereunder shall be constructed entirely of metal, or the space in the vehicle in which refuse will be kept shall be completely lined with metal. All joints shall be effectively closed so that no dripping or leaking or draining off of water, liquid or any substance can occur. The loading space shall be provided with a tight metal hood having an opening fitted with metal doors, or shall be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets, tie ropes or hooks so that the cover can be held securely over the loaded refuse. Every vehicle used for collecting garbage or swill shall have a permanent metal cover. Section 7 -119 CLEANLINESS OF VEHICLES. Every vehicle license hereunder shall be kept well painted, clean and in good repair. Every such vehicle used for collecting garbage or swill shall be cleaned every week or oftener if necessary to prevent persistent odors, and shall be cleaned before being used for any other purpose. Section 7 -120. MARKING OF VEHICLES. Every vehicle used to collect refuse shall have the name of the owner or operator on the body, or placed on a durable metal or wood plaque which shall be fastened to the body when the vehicle is used for collecting garbage or refuse. Section 7 -121. LOADING VEHICLES. Rubbish or waste matter shall be so loaded that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash and small materials shall be so secured that they cannot be dispersed by the wind or fall out of the vehicle. Section 7 -122 CONTAINERS USED IN VEHICLE. Containers used to store or carry garbage or refuse in any vehicle licensed hereunder shall comply with the requirements of Section 2 hereof. 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 imprison- ment 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. Section 2: Sections 7 -101 through Section 7 -112 (inclusive) of the Village Ordinances are hereby repealed. Section 3: Section 23 -010 is hereby amended in part as follows: Required by License Section Expires Fee Garbage and /or Rubbish Collection 7 -109 Dec. 31 $10.00 per vehicle Section 4: This ordinance shall be effective from and after its legal publication. Adopted this 6 day of June 1966. Mayor ATTEST: Clerk (Seal)