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HomeMy WebLinkAbout1965 04-05 CCM Special Session 37 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of nee to April S, 1965 t The Village Council met in special session and was called to order by Mayor Gordon Erickson at 7:3 0 P. M. Roll Call: Present were Mayor Cordon Erickson, John Leary, Earl Simons and Howard Heck. Also present were A. j.. Lee, D. G. Pose, P. w. Holmlund, M. R. Hyde, Donald Stark, Thomas O'Hehir and Reverend Hunter of the Brooklyn Center Methodist Church. Reverend Hunter offered the invocation. Motions by johm testy and seconded by Howard Heck to approve the minutes of the March 29, Council meeting as recorded. Motion carried unanimously. Member Phis Cohen arrived at the meeting at 7:40 F. M. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTI NO. W44 RESOLUTION DENYING A REQUEST FOR VARIANCE CODE The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen, John Leery and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following ordinance and moved its adoption: AN ORDINANCE DEFINING AND PROVIDING FOR THE ABATEMENT QE ASAMNE2 A =Mgffij&S THE VILLAGE Ct3UNCIL of THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOVIS: ect o„R„L Chapter 19 of the Villa�e O rdinances is hereby amended by adcjft thereto the following: c� 19-1001 DEFINITIONS: Vehicle. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a roadway, except devices moved by human power or used exclusively upon stationary rails or tracks. (b) Person. "Person" means every natural person, partnership, Joint venture or corporation. -1- (c) Owner. "Owner" means a person who holds the legal title of 1 a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. (d) Right of Way. "Right of Way means the entire area of the land owned by the State of Minnesota, County of Hennepin or Village of Brooklyn Center and used or held for vehicular or pedestrian traffic. Section 19-1002. NUISANCE: The following conditions are declared to be public nuisances: (a) A vehicle abandoned upon any public right of way within the Village of Brooklyn Center, Minnesota. (b) The following shall be prima facia evidence of abandonment, but shall not be the exclusive methods of proving abandonment. (1) The presence of a vehicle upon the public right of way for a period of 48 hours after the owner has received notice of the vehicle's locution. (2) The presence of a vehicle upon the public right of way for a period of 96 hours in a stationary condition and unattended. (3) The presence of a dismantled vehicle upon the public right of way. Section 19- 1003 REMOVAL: The Chief of Police or any member of his department shall have removed any vehicle abandoned upon the public right of way and shall cause it to be impounded. Segt, on 19 -1004, IMPOUNDMENT AND DISPOSAL: When any vehicle has been removed and impounded as provided in the preceding section it shall be disposed of according to the provisions of Chapter 2 of the Ordinances of the Village of Brooklyn Center. Section 19+1005 PENALTY: It shall be unlawful for any person to abandon any vehicle upon a public right of way within the Village of Brooklyn Center and upon conviction of such offense shall be fined in an amount not exceeding $100.00 or imprisoned for a period not exceeding 90 days. Section 2. This ordinance shall be effective from and after its publi- cation. The motion for the adoption of the foregoing ordinance was duly seconded by member Earl Simons and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Howard Beck, Phil Cohen, John Leary and Earl Simons, and the following voted against the same: None; whereupon said ordinance.was declared duly passed and adopted. Member Phil Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE REGARDING THE CONDUCT OF PARADES ka M . O ANDARD T EF' RE THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS; ection 1. Chapter 23 of the Village Ordinances is hereby amended by adding thereto the following: Section 23 -1101 PERMIT REQUInt): No person shall engage in, participate in, aid, farm or start any parade, unless a parade permit shall have been obtained from the Chief of Police of the Village of Brooklyn Center. -2r 141 A. Definition. A parade is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon the portion of a street reserved for vehicular travel in the Village of Brooklyn Center. B. Exceptions. This chapter shall not apply to the following: 1. Funeral processions. r 2. A governmental agency acting within the scope of its functions. J Section 23 -1102. APPLICATIONS; A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms pro- i vided by such officer within not less than twenty days nor more than sixty days before the date upon which it is proposed to conduct the parade. A. onte, nts . The application for a parade shall set forth the following information. 1. The name, address and telephone number of the person seeking to conduct such parade. 2. If the parade is proposed to be conducted for or on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization. 3. The name, address and telephone number of the person who will act as parade chairman and be responsible for the conduct of the parade. 4. The date the parade is to be conducted. S. The starting point, route to be traveled and termination point point of the parade. 5. The approximate number of persons, animals and vehicles which will constitute such parade and the type and descrip- tion of the animals and vehicles. 7. The hours when such parade will start and terminate. 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traveled. 9. The location and description of any assembly areas for such a parade. 10. The time at which units of the parade will begin to assemble at any such assembly area. 11. The interval of space to be maintained between units of such parade. 12. Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should be issued. B. loge, l�,ica ons. The Chief of Police, where good cause is shown therefor, shall have authority to consider any application which is filed not less than ten days before the date such parade is proposed to be conducted. On applications by school officials, the Chief of Police may grant a permit if the application is made three days prior to the date of such parade. Section 23 -1103. STANDARDS FOR ISSUANCE: The Chief of Police shall issue a permit when, from a consideration of the application and such other information as is available to him, he finds as follows: A. Conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic within the Village contiguous to the parade route or interfere with the movement of fire fighting equipment. B. The conduct of the parade will not require the diversion of so great a number of police officers as to prevent normal police protection to the Villtgl. -3- 143 C. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection to areas contiguous to such assembly areas. D. The conduct of the parade is not reasonably likely to cause F inJury to persons or property nor provoke disorderly conduct. E. The parade is scheduled to move from its point of origin to Its point of termination expeditiously and without unreasonable delays in route. F. The parade is not to be held for the sole purpose of advertising any product and it is not designed to be held purely for private profit. Section 23 -1104. NOTICE OF REJECTION: The Chief of Police shall act upon the application for a parade permit within three days after the filing thereof. If the Chief of Police disapproves the application, he shall immedi- ately mail to the applicant a notice of his actions stating the reasons for the denial of the permit. Section 23-1145. APPEAL PROCEDURE: Any person aggrieved by a denial of a permit shall have the right to appeal to the Village Council at its next scheduled meeting following such denial. Written notice of such appeal shall be given to the Village Administrator before such next scheduled Council meeting, Section 23 -1X46 ALTERNATIVE PERMIT: The Chief of Police, in de- nying an application for a private permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the Chief of Police, file a written acceptance with the Chief of Police. Section 23 -1107 NOTICE OF OTHER OFFICIALS: Immediately upon the Issuance of a parade permit, the Chief of Police shall send a copy thereof to the Village Administrator, Fire Marshall, Public Works Director and to the director or responsible head of each public transportation utility the regular routes of whose vehicles will be affected by the route of the proposed parade. Section 23 -1108. EACH PERMIT SHALL STATE THE FOLLOWING INFOR- MATION: A. Starting time. B. Minimum and maximum speed of parade. C. Maximum interval of space to be maintained between the units of the parade. D. The portions of the streets to be traveled. E. The maximum length of the parade. F. Such other information as the Chief of Police shall deem necessary.. Section 23 -1109 PUBLIC CONDUCT DURING PARADES: A. Interferences No person shall unreasonably hamper, obstruct or impede or interfere with any parade, parade assembly, or any person, animal or vehicle participating in the parade. B. No driver of a vehicle shall drive between the vehicles or persons comprising a parade n such parade is in motion. -4- 145 C. Parking on parade Route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the route of the parade in areas contiguous thereto. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave any vehicle unattended in violation thereof. Section 2$ -1110 REVOCATION: The Chief of Police shall have the authority to revoke a parade permit issued hereunder, on notice_, upon application of the standards for issuance as herein set forth. Section 23-111 PENALTY: The violation of the provisions of this chapter or any lawful order of the Chief of Police issued pursuant to the provisions hereof, shall be punishable by a fine not to exceed $100.00 or imprisonment for not to exceed ninety days. Section, 23-1112 SEPARABILITY: If any section, subsection, clause, phrase or portion of this chapter be held unconstitutional or invalid by any court of competent jurisdiction, such portion shall be deemed to be separate, distinct and independent and such holding shall not affect the validity of the remaining portions. Section 2. This ordinance shall be effective from and after its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by John Leary and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Howard Heck, Phi l Cohen, john Leary and Earl Simons and the following voted against the same: Nona; whereupon said ordinance was declared duly passed and adopted. Motion by Howard Heck and seconded by Earl Simons to authorize the Administrator to receive bids for certain materials at 2 :00 P. M. on Monday, April 19, 1965, those certain materials being as follows: 1. Gasoline Fuel Oil, and Diesel Fuel -- approximate quantities as follows: 1. 66,000 gallons, Regular Gasoline la. Alternate, 65, 000 gallons, Ethyl Gasoline 2. 15, 000 gallons, No, 2 Fuel Oil for Heating 3. 15, 000 gallons, Diesel Fuel Oil, Grade 2 -D P II. Stabilized Gravel and Fine Aggregate for Seal Coat, approximate quart i- ties as follows: 1. 3,:000 tons gravel Minn. State Highway Class BA 2 -- delivered 3,000 tons gravel -- Minn. State Highway Class BA 2 -- picked up 2. 18,000 tons gravel -- Minn. State Highway Class #5 -- delivered 2, 000 tons gravel -- Minn. State Highway Class #5 -- picked up 3. 2,000 tons sand - -Minn. State Highway Class FA 1 -- picked up (salt sand) 4. 2, 000 tons buckshot -- delivered 2, 000 tons buckshot picked up III. Plant -mixed Bituminous Materials -- approximate quantities as follows: 1. 1,000 tons Plant -mixed Bituminous Material for patching 2. 8,000 tons Plant -mixed Bituminous Material for street surfacing IV. Bituminous Oil -- approximate quantities as follows: 1. 50, 000 gallons MC -3 Bituminous Oil -- delivered 50, 000 gallons MC -3 Bituminous Oil -- picked up 2. S, 000 gallons MC -0 Bituminous Oil -- delivered 5,000 gallons MC -0 Bituminous Oil -- picked up 3. 5,000 gallons RC -3 Bituminous Oil picked up (RC -3 Bituminous Oil with additive of 1% no -strip or equivalent) 4. RS -2 Asphalt Emulsion to meet State specifications 70, 000 gallons RS -2 Asphalt_ Emulsion -- delivered 10,000 gallons RS -2 Asphalt Emulsion -- picked up 147 V. Water Treatment Chemicals -- approximate quantities 1. 10 , 000 lbs. Liquid Chlorine 2. 4, 000 lbs. Ammonium Sulphate 3. 20, 000 lbs. Hydro Fluosilicic Acid 4. 11,000 lbs. Blended Polyphosphates VT. Cold Water Meters 1. 225 - 5/8 x 3/4" Meters 2. 10 - 1" Meters 3. 10 - 1 -1/2" Meters 4. 5 - 3/4" Meters VII. Corrugated Metal Pipe 1. 2000' - 15" CMP 2. 2000' 12" CMF Motion carried unanimously. Motion by Phil Cohen and seconded by John Leary to instruct the Administrator to prepare a resolution to approve a building permit for the construction of Brookdale Center, Stage 2. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: ' RESOLUTION NO. 65 -45 RESOLUTION ESTABLISHING A METHOD TO DETERMINE INTEREST RATE ON FUNDS LOANED TO OTHER VILIAGE FjjNPS TIZ INVESTAMST R S F ND 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: Gordon Erickson, Howard Heck, Phil Cohen, John Leary and Earl Simons 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. 65 -46 RESOLUTION AUTHORIZING THE ISSUANCE OF EQUIPMENT q &BTjpIC=S gr UMSTE12NESS IN THE A O NT F 36 500 The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohan and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen, John Leary and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Clerk Earl Simons announced the reappointment of Donald Mason and Earl Rydberg to the Industrial Development Commission. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -47 RESOLUTION OPPOSING CHANGE IN THE ADMINISTRATION OF L)M!gT LEUZF IN ISHMP -6- 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 j in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen, John Leary and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. r The Council discussed the Land Use and Zoning Plan for the Earle Brown Farm in preparation of a meeting with University officials. ' The Council also discussed the Community Services Study and Plan and determined that the Council as a whole would proceed with Committee Objectives 1 and 2 as stated in the Administrator's memo dated March 29, 1965. Motion by john Leary and seconded by Howard Heck to approve the following personnel appointments upon the recommendation of the Administrator. Joan Gustafson, Ballet Instructor ........ $6. 00 per hour Thomas Truax, Golf Instructor ........... $5.00 per hour Motion carried unanimously. ` Motion by Phil Cohen and seconded by Earl Simons to approve the following licenses: Cigarette Licenses F Brooklyn Center Standard 6044 Osseo Road Gasoline Service Station Licenses r Johnson Brookdale Standard 2121 - 57th Ave. No. Electrical Licenses ' Bacon's Electric Company 6525 Central Ave. N.E. Collin's Electric Company 1209 Glenwood Ave.. Hillcrest Electric Company 2050 White Bear Ave. , St. Paul Lohstreter Electric Company Box 155, Fong Lake, Minn. F Parsons Electric Company 917 Sth Ave.. South Spencer Electric Company 3017 Lyndale Ave. South Western Electric Company 1101 W. Excelsior Ave. C P12ing License Economy Gas Installers 3623 Lyndale Ave. South Plumber's Licenses Allstate Plumbing Company 6539 Cedar Ave. South Upper Midwest Piping, Inc. 336 Taft Street N.E. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to adjourn. e Motion carried unanimously. The Village Council adjourned at 11,55 P. M. - S-Lza� May Clark 7-