HomeMy WebLinkAbout1978 04-10 CCP Regular Session CITY COUNCIL AGENDA
City of Brooklyn Center
April 10, 1978
7:00 p.m.
Y. Ca l l to Order
7 l'
Roll Call
j6 < Invocation
4!" Approval of Minutes March 20, 1978
5. Open Forum
6. Confirm Appointment of Police Chief
7. League of Women Voters Presentation
8. Declare Surplus Property
9 Resolutions
a . Proclaiming Sun Day in Brook via Center
`b. Authorizing - the Purchase of Unbudgeted Items
c. Establishing Alley Paving Imp =rovement Project Nos. 1976-6, 7, 8, 9,
10, 11, 12, 13, & 14
d.. Establishing Public Hearing Date for Alley raving Improvement Project
Nos. 1977 -22, 1978 -6, 7, 8, 9, 10, 11, 12, 13 & 14
e Authorizing ;,and subdivision for Hennepin_ County Library Site
10. Ctdin once 7 ;
a. Amending Chapter ;12 - 'Housing Mai ntenance Ordinance (2nd reading)
b. Amending Chapter 19 Obscenity Ordinance (2nd reading)
c. Vacating Portion of Pena Avenue
11. Discussion Items:
a . , Park & Recreation C::mmissfon Status Report
Re
f p
b Sign Ordinance Modificaticns
c. Volunteer Recognition creek
12. Licenses
i3: Adjournment
CITE MANAGER'S COMMENTS
Item 6 Confirm Appointment of Police Chien
Consistent with the provisions of - the City Charter the appointment
of James Lindsay as Police Chief, effective May 21, 1978, is
hereby submitted for Council confirmation (M & C No. 78 -10) .
Disposition
Item 7 League of Women Voters Presentation
A representative of the Brooklyn Center League of Women Voters
will make a presentation to the City. Council regarding Sun Day in
Minnesota. Various Sun Day activities have been planned to be
presented at - the Community Center to raise 'the awareness of citizens
to present and future potentials of solar and other alternative renewable
energy sources. A resolution proclaiming Wednesday, May 3, 1978 as
Sun Day in Brooklyn Center (agenda item 9a) has been prepared for - the
Council's consideration. Information regarding Sure Day has aiso been
provided for - the Council's review:
Disposition
Item 8 Declare Surplus Property
Attached is a list of property and equipment which is recommended to
be declared as surplus to be disposed of at - the City auction on Wednes-
day, April 26, 1978.
Disposition
Item 9a Proclaiming Sun Day in Brooklyn Center
The attached resolution is recommended for - the purpose of proclaiming.
Wednesday, May 3, 1978 as Sun Day in Brooklyn Center and is offered
in conjunction with agenda item 7 above.
Disposition
CITY MANAGER'S COMMENTS
Page 2
Item 9b - Authorizing , the Purchase of Unbudge•ted Items
The attached resolution is recommended for the purpose of authorizing.
- the purchase of eight credit card stamp machines - to be used 'to facil-
ita•te election day voter's registration at a cost of $67.50 each for a
total of $540. These machines will be used to speed up the election
day registration of voters. The machines will print on to forms from
driver's licenses all pertinent information, thus relieving the judges
of - the work of hand writing all of - this information for each prospective-
re gi stra nt .
Disposition
Item 9c Establishing Alley Paving Improvement Project Nos. 1978 -6, 7, 8, 9,
10, 11, 12, 13 & 14
The attached resolution is recommended for the purpose of establishing
various alley paving improvement projects and ordering , the preparation
of plans and specifications.
Disposition
Item 9d Establishing Public Hearing Date for Tilley Paving Improvement Project-
Nos. 1977 --22, 1978 -6, 7, 8, 9, 10, 11, 12, 13 & 14
This resolution is recommended for - the purpose of establishing April 24
1978 at 8:00 p.m. as the date and - time for the public hearings on 'these
various alley paving projects
Di s po si•tion w
Item 9e Authorizing Land Subdivision for Hennepin County Library Site
The attached resolution is recommended for the purpose of approving
'the land division for - the Hennepin Coun•ty,Library property. The
approval requires a formal subdivision by platting- prior - to the issuance
of occupancy permits for the library to allow 3CIP and - the County to
settle - their differences by arbitration.
Disposition
CITY MANAGER'S COMMENTS
Page 3
Item 1 O Amending Chapter 12 - Housing Maintenance Ordinance (2nd reading)
The attached ordinance amendment was first read on March 20, 1978
and was published on March 30, 1978, and is offered for second
reading and adoption. The ordinance amendment is for - the purpose
of clarifying rental dwelling license application information to
require any person holding an operating license - to give notice to
the City within five business days as •to any change in - the license
application information.
Disposition
Item 1 O Amending Chapter 19 - Obscenity Ordinance (2nd reading)
The attached ordinance was first read on March 20, 1978, published
on March 30, 1978 and is offered for second reading and adoption
The ordinance is recommended for - the purpose of establishing a local
ordinance regarding obscenity which would prohibit and regulate the
dissemination of pornographic and related materials within the City.
Disposition
Item 10c Vacating Portion. of Penn Avenue (1 st reading)
The attached ordinance amendment is recommended for - the purpose of
vacating a portion of Penn Avenue North located northerly of - the
Brookdale Ford property and *westerly of 'the ABC Theater.
Disposition
Item 1 l Park and Recreation Commission Status Report
A report on 'the status of - the Park and Recreation Commission's
planning effort regarding the development of City park facilities will
be given Monday evening. The Commission has requested comments,
questions and recommendations from - the City Council regarding their
efforts thus far.
Disposition
CITY MANAGER'S COMMENTS
• Page 4
Item 1 l Sign Ordinance Modifications
Inquiries have been made regarding whether or not "the City would
be interested in hearing a presentation about the outdoor advertising
industry and discussing possible changes 'to the - City's present sign
ordinance. The idea of a presentation and discussion regarding the
sign ordinance was discussed by - the. Planning Commission on
March 23, 1978 and it was the consensus of the Commission that
since no major changes in the sign ordinance were necessary, the
presentation would not be warranted. The matter should be discussed
s by 'the City Council and if the feeling is that - there is no need for
changes in - the sign ordinance, - the inquirers will be so notified.
Disposition
osition
Item 11c Volunteer Recognition Week
The City has been asked - to contribute - to a program designed - to
recognize and honor Minnesota's many fine volunteers by proclaiming
• 'the week of April 16 -22, 1978 as Volunteer Recognition Week in
Brooklyn Center.
Disposition
•
Member introduced the following resolution -and
moved its adoption:
RESOLUTION NO.
i
RESOLUTION PROCLAIMING MAY 3, 1978 AS SUN DAY IN
BROOKLYN CENTER
WHEREAS, Sun Day is being sponsored by the Brooklyn Center League
of Women Voters to encourage and promote the use of alternative energy sources
in Brooklyn Center; and
WHEREAS, Sun Day is a- national day of recognition to raise the awareness
of the citizens to present and future potentials of solar and other alternative
renewable energy resources.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to proclaim May 3, 1978 as Sun D-ay in Brooklyn Center and to
encourage participation in Sun Day activities at the Brooklyn Center Civic Center
which will be held from 7:00 p.m. to 9 :30 p.m. in the Social Hall.
Date i Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
Member introduced the following resolution and
moved i - ts adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1970 GENERAL FUND BUDGET TO
PROVIDE FOR THE ACQUISITION OF VOTER'S REGISTRATION
VALIDATING EQUIPMENT
WHEREAS Section 7.09 of - the City Charter of - the City of Brooklyn
Center provides for a contingency appropriation as a part of the General Fund:
Budget and further provides that the contingency appropriation may be transferred
- to any other appropriation by the City Council; and
WHEREAS, there is a need for validating equipment to be used in the
registration of voters; and
WHEREAS, this equipment was not provided for in the 1970 Budget:
NOW, THEREFORE, BE IT RESOLVED by -the City Council of 'the City of
Brooklyn Center -to amend the 1970 General Fund Budget to fund said validating
equipment by transferring $540 from 'the contingency appropriation (account
No. 01- 4995 - 000 -02) 'to the elections and voters registration other equipment
account (account No. 01- 4552- 000 -14) .
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken - thereon, the
following voted in favor thereof:
and - the following voted against - t - he same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING ALLEY PAVING IMPROVEMENT PROJECT
NOS. 1978 -6, 1978 -7, 1978 -8, 1978 -9, 1978 -10, 1978 -11,
1978 -12, 1978 -13 AND 1978 -14 AND ORDERING PREPARATION OF
PLANS AND SPECIFICATIONS.
WHEREAS, the City Council deems it necessary to initiate Alley
Paving Improvement Project No's. 1978 -6, 1978 -7, 1978 -8, 1978 -9, 1978 -10,
1978 -11, 1978 -12, 1978 -13 and 1978 -14;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center to direct the City Engineer to prepare plans and
specifications for said improvement project, described as follows:
/977 -13
Qa. - Alley Paving
Between James Avenue North and Knox Avenue North from 53rd
Avenue to 54th Avenue.
1978 -7 - Ailey Paving
• Between Humboldt Avenue North and Irving Avenue North from
53rd Avenue to 54th Avenue.
1 978 -8 - Alley Paving
Between Girard Avenue North and Humboldt Avenue North from
54th Avenue to 55th Avenue.
1978 -9 - Alley Paving
Between Fremont Avenue !North and Girard Avenue North from
55th Avenue to 57th Avenue.
1978 -10 - Alley Paving
Between Emerson Avenue North and Fremont Avenue North from
53rd Avenue to 54th Avenue.
l 1978 -11 - Alley Paving
Between Dupont Avenue North and Emerson Avenue North from
53rd Avenue to 54th Avenue.
RESOLUTION NO.
1978 -12 - Alley Paving
Between Twin Lake Avenue and Lakeview Avenue North from
Lakebreeze Avenue North to the south approximately 340 feet.-
1978 -13 - Alley Paving
Between Lakeview Avenue North and Azelia Avenue North from
Lakebreeze Avenue to the north approximately 340 feet
1978 -14 - Alley Paving
Between Lakeview Avenue North and Azelia Avenue North from
Lakebreeze Avenue North to the south approximately 340 feet.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the 'following voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution'
and moved its 'adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED
ALLEY PAVING IMPROVEMENT PROJECT NO'S. 1977 -22, 1978 -6,
1978 -7, 1978 -8, 1978 -9, 1978 -10, 1978 -11, 1978 -12,
1978 -13, AND 1978 =14
WHEREAS, it is proposed that there be constructed improvements
consisting of the following:
Estimated
Project No. Improveme Cost
1977 -22 Alley paving between Twin Lake Avenue
and Lakeview Avenue from Lakebreeze'Avenue
North northerly approximately 340 feet. $ 6,800.00
Alley paving between James Avenue North
and Knox Avenue North from 53rd Avenue
to 54th Avenue. 10,800`.00
1978 -7 Alley paving between Humboldt Avenue North
and Irving Avenue North from 53rd Avenue
• to 54th Avenue. 13,900.00
1978 --8 Alley paving between Girard Avenue North
and Humboldt Avenue North from 54th Avenue
to 55th Avenue. 13,100.00
1978 =9 Alley paving between Fremont Avenue> North
and Girard Avenue North from 55th Avenue
to 57th Avenue. 26,200.00
1978 -10 Alley paving between Emerson Avenue North
and Fremont Avenue North from 53rd Avenue
to 54th Avenue. 14,700.00
1978 -11 Alley paving between Dupont Avenue North
and Emerson Avenue North from 53rd Avenue
to 54th Avenue. 15,200.00
1978 -12 Alley paving between Twin Lake Avenue and
Lakeview Avenue North from Lakebreeze
Avenue North to the south approximately
340 feet. 6,800.00
•
RESOLUTION NO. 10
Estimated
Project No Improvement Cost
1978 -13 Alley paving between Lakeview Avenue
North and Azelia Avenue North from
Lakebreeze Avenue to the north approx
imately 340 feet. $ 6,800,00
1978 -14 Alley paving between Lakeview Avenue
North and Azelia Avenue North from
Lakebreeze Avenue North to the south
approximately 340 feet. 6,800
WHEREAS, the City Engineer has made a preliminary report
advising that said proposed improvements are feasible and that they
- can be constructed at estimated costs as indicated above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota, as follows:
1 The Council propojed to proceed under authority granted
by Chapter 429, Minnesota Statutes.
• 2. A public hearing on the improvements shall be
held at the City Hall in the City on Monday, the 24th day of April,
1978, at 8 :O0 o'clock P.M., central standard time, and the Clerk -
shall publish notice of the time and place of hearing by two weeks'
publication in the official newspaper of the City.
3. The area proposed to be assessed for said improvements,
is as follows:
ALL LOTS AND PARCELS ABUTTING THE ABOVE: DESCRIBED ALLEYS
AND /OR TO BE BENEEITTED BY THE.IMPROVEMENTS.
4. These proposed improvements shall be designated Alley
Paving Improvement Projects No. 1977 --�22, 1978 -6, 1978 -7, 1978 -8,
1978 -9, 1978 -10, 1978 -11, 1978 -12, 1978 -13 and 1978 -14.
Date Mayor,
ATTEST
• Clerk
RESOLUTION NO.
The motion for the adoption of the foregoing resolution was duly
p g �3 Y
seconded by member , and upon vote being taken -
thereon the following voted in favor thereof:
and the following voted against the same,
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING LAND DIVISION FOR HENNEPIN
COUNTY REGIONAL LIBP.ARY SITE
WHEREAS, Hennepin County has acquired from the Brooklyn Center
Industrial Park a tract of land lying within Tract A of Registered Land-
Survey No. 1440 and Tract B of Registered Land Survey No. 1359 for
construction of a regional library; and
WHEREAS, delinquent taxes and special assessments are due from
said tracts of land; and
WHEREAS, the said County and Brooklyn Center Industrial Park,
Ind., have agreed to submit to arbitration a dispute relative to payment
of certain real estate taxes, special assessments including interest,
and other costs involving the land sale between the two parties; and
WHEREAS, the City of Brooklyn Center City Ordinances require'
land divisions and combinations by formal or registered 'land survey;
and
WHEREAS, on November 28, 1977, the Brooklyn Center City Council
approved a preliminary registered land survey for said land division; and
WHEREAS, the Hennepin County Finance Division requires all
_ delinquent taxes and special assessments to be paid up on all parcels
within a formal plat or registered land survey prior to filing such a
document; and
WHEREAS, Hennepin County may be in _a position to start construction.
of said library prior to a final decision of said
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of- Brooklyn Center that the land division for the Hennepin County
Regional Library site to be built on Tract B, Registered Land .Survey
No. 1359 and a portion of Tract A, Registered Land Survey No. 1440 is
approved with the following conditions:
l) The preliminary registered land survey approved by the
City Council on November 28, 1977, shall be submitted
for final approval and be filed at the Hennepin County
Registrar of Titles prior to the issuance of an
occupancy permit by the City building official for any
building within said land division. -
RESOLUTION NO. ,, .
2) That all delinquent and current taxes and special assessments
-due from parcels in said plat or registered land survey
shall be paid prior to the issuance of an occupancy permit
by the City building official for any building within
said land division.
Date Mayor
ATTEST:
Clergy
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof®
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted
•
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION PROCLAIMING THE WEEK OF APRIL 16 THROUGH
APRIL 22, 1978 AS VOLUNTEER RECOGNITION WEEK IN
BROOKLYN CENTER
WHEREAS, approximately fifty percent of Minnesota citizens are
involved in responsible and meaningful volunteer work and serve as a vital
resource in solving some of the human problems that are a consequence of
our complex society; and
WHEREAS, volunteers have demonstrated a commitment to the well-
being of others, and, through this commitment and concern for others,
provide assurance for the future quality of life in Minnesota; and
t
WHEREAS, volunteers representing all ages, economic, educational
and ethnic backgrounds give freely of their time to provide a vital and
valuable service; and
WHEREAS, recognition should be given to individual volunteers
for their contribution to the health, education, welfare, recreation, cultural,
and civic services of this community; and
WHEREAS, the City Council wishes to express its appreciation to
the many fine volunteers of this community and to encourage more citizen
participation in volunteer activities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center to proclaim the week of April 16, 1978 through April 22,
1978 as Volunteer Recognition Week in Brooklyn Center.
a
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER _12 -OF THE CITY ORDINANCES RELATIVE
TO RENTAL DWELLING LICENSE APPLICATION I
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 12 of the City Ordinances of -the City of Brooklyn Center is
hereby amended by - the addition of the following:
Section 12 -903. OWNER OR AGENT TO APPLY.
License application or renewal shall be made by the owner of rental units or his
legally constituted agent. Application forms may be acquired from and subsequently
filed with - the - Compliance Official. The applicant shall. supply:
(1) Name, address, and telephone number of dwelling owner, owning
partners if a partnership, corporate officers if a corporation;
(2) Name address, and - telephone number of designa-ted resident agent,
if any;
(3) Name, address, and - telephone number of vendee, if - the dwelling is being
sold through a contract for deed;
(4) Legal address of `the dwelling;
(5) Number of dwelling units within - the dwelling;
(6) Description of procedure - through which - tenant inquiries and complaints
are - to be processed.
Every person holding an operating license shall give notice in writing to - the
Compliance Official within five business days after any change of - this
i nformation. Notice of transfer of ownership shall be as described in
Sec - tion 12 -908.
Section 12 -908 LICENSE NOT TRANSFERABLE.
No operating license shall be 'transferable to another person or to another rental
dwelling. Every person holding an operating license shall give notice in writing to 'the
Compliance Official within [ 72 hours] five business days after having legally 'transferred
otherwise disposed of 'the legal control of any licensed rental dwelling. Such notice
shall include the name and address of the person succeeding - to •the ownership or control
of such rental dwelling or dwellings.
ORDINANCE NO.
Section 2. This ordinance shall bi-come effective after adoption and upon thirty
(30) days .following its legal publication
Adopted . this day of 19
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter - to be deleted
•
CITY OF BROOKLYN CENTER
ORDINANCE NO.
• AN ORDINANCE AMENDING CHAPTER 19 PROHIBITTING AND
REGULATING THE DISSEMINATION OF PORNOGRAPHY AND `
RELATED MATERIALS WITHIN THE CI TY OF BROOKLYN CENTEP
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN
AS FOLLOWS
Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn
Center is hereby amended by the addition of the following:
Section 19 -1800. Statement of Purpose
The City Council of the City of Brooklyn Center seeks to discharge it
duties and res to the community by stemming the tide of obscene,
lewd, lacivious, tawdry and indecent books, pictures, films, exhibitions,
materials and the like and to thereby preserve the quality of life and environ-
ment' in the community; to safeguard the dignity of its citizens and protect and
defend their morals, character and privacy and that of their children from
indec intrusion; and top and improve the equality of local commerce
and the standards of life in the City .
Th City Council adopts the findings of the United States Supreme
Court that
•
Th sum of experience, including that of the past two decades
affords an ample basis for legislatures to conclude that a
sensitive key relationship of human existance, central to fa_ mily
life, community welfare and the development of human personal
can be debased and distorted by crass, c ommercial exploitation
of sex.
The City Council finds that pornography produces an irretrievable
erosion in human values, decency and spir especially affecting young adul
and children and further recognizes the unsettling hypothesis that there is an
arg corrolation between the unrestricted use of pornography and incidence
of criminal acts.
In light of these findings and with deep and grave concern for the
future well- being of the co the City Council hereby prohibits the
use, sale, transfer, barter, trade, exhibition and productio o f pornography,
Section 19 -1801. Definitions
The following terms will have the following definitions for the purpose
of this ordi nance.
• A. "Obscene is the descriptive ad'eI ctive used to modify or quali
any material or performance which is an obsce work.
ORDINANCE NO.
B. "Obscene W cr Obscene Material" means any work including
but not limi to books, mov ies, pi ctures magazines, exhibitions
productions, recordings and the like which, taken as a whole, appeal
to the pruri interest in sex, which portray sexual conduct in a
patentl offensi way; arid which, taken a a whole lack s
literary, artistic, political or scientific value. In determining
whether or not a work is an obscene work or obscene material,
the trier of fact must find:
1. That the average person, applying contemporary community
standards would find that the w ork or material taken as a whole
appeals to the prurient interest in sex; and
2. That the work or material depicts or d escribes in a patently
offensive way, sexual conduct specifically def herein or
authoritatively construed by the Courts of this State as being
a- portrayal of patently offensive sexual conduct, as that phrase
is used in definition of an obscene work or obscene material;
and
3. That the work, taken as a whole, lacks serious literary, artistic,
political or scie value.
C. "Material" means any tangible property including but not limited to
•
books, printed material, magazines, movies pictures, plays, ex-
hibi and productions which are capable of being used or adapte
to arouse interest, or to affect the human senses, whether. through
the median of reading, observation, sound or in any other manner.
D "Performance" means any play, motion picture, dance or other
exhibition performed before an au
E. "Prurient Interest" means having, exhibiting or .lending itself to a'
shameful, morbid or lacivious interest in or thoughts about or desires
as to nudity, sex, or the bodily functions of human beings
F. _ "Community Standards" means the contemporary community standards
of that community from which the trier of fact is from inc hiss
community or the vicinage from which he comes
G. "Patently Offensi means so offensive on its face as to affron
current standards of decency.
H. ` "Patently Offensive Sexual Conduct" shall be deemed to include any
of the following described sexual conduct if depicted or described
in a patently offensive way
1. An act of sexu intercourse, n ormal or perverted actual or
simulated, including g -to- genital contact, anal -to- genital
contact, or oral -to- genital intercourse, whether between human
beings or between a human being and an animal.
ORDINANCE NO.
2. Sadomasochistic abuse which is defined as any scene,
exhi act enaCtrr.ent, re- enactment or display involving
• a person or persons, any of wh ar nude, clad in under-
g armen ts o in sexually reveali costumes: and who are en
gaged in act ivities involving the fflagelation, torture, fettering
binding or other physical restraint or physical abuse of any
perso
3 Masturbation, excretory functions and lewd exhibitions of the
human genitals including any explicit, close up representation
of a huma g enital organ or a fully exposed view focusing
u pon the ;op a nd uncovered human male or female sexua
orc an.
4. Physical contact or simulated p h ysical'contact.with the clothed
or unclothed pubic areas or buttocks of a human person or the
breasts of a human female whether alone or between members
of th same o r opposite se or between humans and animals
in an ac of actual or simulated sexual stimulation or gratific
5. Any device designed or m a s useful primarily for th
stimulation of human gen organs F
6. Male or female genitals in a state of sexual stimulati or
arousal.. _
7. Covered male genitals in a discernibly turgid state.
I
I. "Person" shall include individuals firms, partnerships, corporations,
joint ventures, clubs, associations, and organizations and :shall
further include the officers, agents, partners, directors and
employees thereof
T. "Minor" means a ny natural person under the age of 18 years.
K. "Nudity" means the showing o f the hum male or female genitals, ,
pubic area or buttocks with less than a fully opaque coverLi or
the showing of the female breasts with less than a full_y_o a ue
covering of any portion thereof below a point immediately above
the areola or the de piction of c male genitals in a discernibly
f turgid state.
Section 19 -1802. Distribution and Exhi of Pornography
It shall be unlawf for any person to sell, give away, barter, trader
d eal in, produce, perform, show, exhibit or possess with an intent to sell,
qive aKiay barter, trade, de in, show o r exhibit any obscene work or
material including but not limited to or materials such as obscene books,
• gin. agazines, pictures, movies Tint material, r closed circuit
television productions or exhibit and the li
ORDINANCE NO.
Section 19 -1803. ` Distributi and Exhibition of Pornography to Minors
• It shall be unlawful f or any p to sell, give away, barter, trade,
deal in, rp oduce, perfo show, ex posse with intent t sell, give
away, barter, trade, deal in, show or exhibit to any minor any work or mater
including but riot limi to books , ma gazines, pictur movies, 'printed
material, recordings, clos circuit television productions or exhibitions an
the like which depict or sho nudity as defined in this ordinance or any
ob scene work or material including but not limited to obscene books, magazines,
pictures, movies, printed material, recordings, perfor mances, closed circuit
television productions and the like.
Section 19 -180 Unlawful public display
It' shall "be unla f or any person to display to public view at n
stands, stores, business establishments and in any public place where m inor s
are or maw be invited, allowed or suffered or any Private lace where s-aid
display is open and easily visible to memb of t he general public any
device, Contrivance, movie, picture, book, magazine, recording, a dvertise-
ment or t like the cover or external covering of which e , is devoted
to, shows, exhibits, describes , or depicts an nudity , sexual conduct
lewdness, indecency, sadomasochistic abuse, il.licit sex lust or perve
Section 19-- 1805. Pena
Any person: foun guilty by a lawful auth of violati any provisio
of th ordina shall be g uilty of a misdemeanor and shall be punish by a mm
• fine of not more than $500 and by imprisonment for not longer than 90 days or
both
Secti 19 -1806. .Liability for the crimes of another
E very p erson who commits or attempts to commit, c to 'commit
or aids and abets i the commission of any act constituting a violation of this
ordinance or any act, which constitutes an omission and therefore a violation
of this ordinance, whether individually or in connection with one or mo
persons or as prier. pa 1, agent, or accessory, shall be guilty of such offense
and 'every person who falsely, fraudelently, , forcibly or willfully induces,
causes, Coerces, requires, permits or directs anothe to violate any of th
provisions of this chapter is likewise guilty of such offense
Section 19 -1807. Public nuisance
The sale, distribution, trading in, dealing in, giving, showing, exhibition,
_ performance or production of any obscene work or material is hereby declared
to be a nuis
Whenever the C �IE,Cou ncil determines that.a nuisance is being kept,
ma intained, produced conducted,' allowed or exists, it may order
the termination or abatement of that nuisance by the person or persons keepin
conducting, maintaining, producing , perm itting or allowing th at nuisance.
ORDINANCE NO .
O ,
Section 1 Order
The Order of the City Council shall b e in writing, shall recite the
allegations c the nuisance, provide a specified time for compliance
a nd state that civil enforceme of the Order shall be undertaken if no com-
pli ance occurs.
The�Orde shall be served in the m anner of `a Summons and Complaint
in a civil action.
Section 19 -1809. Enforcement
If no abatement or termination of the nuisance occurs within the tim
re scribe.d in the Council Order, the City shall forthwith seek enforcement
of its order in any appropriate civil pror_ d ing
Sec 19 -1810. Recovery ,of Expenditures
The City -shal keep an a ccurate ac of- expenses incurred in
c out its order an abating the nui inc luding all expenses i
in conne ther ewith, i but not limi ed to filing fees, service fee
publication fees, attorneys fees, apprai fees, witnesses fees, traveling
experz administrative time of C ity staff employee an the like. Th Court
shall e said expenses, correct them if neces and allow the City's
expens ac
I
The p erson or persons charged wit ke c ontaining, producing
�er - mitting, allowing conducting said_ nuisance shall pay s aid expenses but
if in default of payment by I October, the City Clerk shall certify th amount
to the County Auditor for entry on the tax lists of the County as a spe char
ag ainst t read estate used in connection with said nuisance or upon whi or
within which said n uisance was kept, maintained, produce permitted co
du cted o r allowed and said sum shall be collected in a manner as other taxes
and paid over to the municipal treasury.
Section 19 -1811. Severability
Every sect pro or part of this ordinance i s de clared .separable
fro every other s ection, provision or par to the extent that. -it any section
` p rovision or p art of the ordinance shall be held invalid, such holding sh all
a
n ot invalidate any other section, provision or part thereof.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this _ day of 19 .
•
.tr
ORDINANCE NO.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter.)
.s
•
CITY OF BROOKL1N CENTER
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF VENN AVENUE NORTH
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS-
FOLLOWS:
Section 1: That po rtion of Penn Avenue North lying northerly
of the northern most line extended easterly of Registered Land Serve
No 1256 and southerly of the north line of Lot 32, Auditor's Subdivision
No. 218, Hen County Minnesota, is hereby vacated as a public
street.
Section 2: This ordinance shall be effective after adoption
and thirty days following its legal publication.
Adopted this day of a 1978.
•
Date Mayor
ATTEST
Clerk
Published in the official newspaper
Effective date
(Brackets indicate matter to be deleted, underline indicates new matter)
Licenses to be approved by the City Council on April 10, 1978 '7!
FOOD ESTABLISHMENT LICENSE
Delmark Food Processing 8600 Shingle Creek Pkwy.
• Sanitarian
HOUSEMOVER'S LICENSE
Prodger Housemovers 236 Cleveland ' l
Safeway Housemovers, Inc, 23590 Jamaca
Building inspector
ITINERANT FOOD ESTABLISHMENT LICENSE
Tamara Baumgart 1612 71st Ave . No
Evergreen Park School 7020 Dupont Ave. No. T X rC_rL�
Sanitarian
MECHANICAL SYSTEM'S LICENSE
Advanced Heating 7805 Beech St. N.E. 0, .fl
Air Comfort, Inc. 3944 Louisiana Circle
Allan Heating & Air Conditioning 5200 Eden Circle 6
Berghorst Plumbing & Heating 10732 Hanson Blvd. j
A.. Binder & Son, Inc. 120 E. Butler Ave. J;
B laine Heating 10301 University Ave. & r.
C .O. Carlson Air Conditioning 709 Bradford Ave No.
Cool Temp, Inc. R. R. #1
Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd, ? i
• Don's Air Conditioning & Heating 3903 Foss Rd N.E. 9a _ 1i1
Faircon, Inc. 1955 W. Cty. Rd B2
Frank's Heating & Air Conditioning 3107 California St. N.E.
Gas Supply Inc. 2238 Edgewood Ave. So.
Golden Valley A.ir Conditioning 5182 West Broadway �
Harris Mechanical Contracting Co. 2300 Territorial Road'
Horwitz Mechanical, Inc. 1411 11th Ave. So y_
Lakeland North Heating & Air Cond. 15821 Hedgehog St, N.W.��,
Minnesota Ga Company 733 Marquette Ave. 0
W --
Northeast Sheet Metal, Inc 4347 Central Ave. N.E.
Northland Mechanical Contractors 7100 Madison Ave. W.
Pump & Meter Service, Inc, 2711 E. Franklin Ave,
Quality Refrigeration, Inc. 7715 Pillsbury Ave. So
Royalton Hea ting & Cooling Co 4120 85th Ave No. LO i
G Sedgwick Heating & Air Cond. 1001 Xenia Ave. So.
Sheridan Sheet Metal Co. 4115 Quebec Ave. No. t'OLD./
Standard Heating `& Air Conditioning 410 W. Lake St. _
Superior Contractors, Inc. 6121 42nd Ave. No.
Thompson Air Conditioning 5115 Hanson Court
The Tinn Shoppe, Inc.
110 Hamel Road
Trane Home Comfort Center 880 Colorado Ave. So, W , V , s"?J
Fred Vogt & Co. 3260 Gorham Ave. -
O Ray Welter Heating Co. 4637 Chicago Ave. ' r�
West End Air Conditioning Co. 6408 Cambridge St. Z)d_ x ;
Yale, Inc. 3012 Clinton Ave. So. /Z)• f
Building Inspector tw
M OTOR VEHICLE DEALERSHIP LIC
Brookdale Motors, Inc.
Brookdale Chrysler Plymouth, Inc. 6121 Brooklyn Blvd.
Iten Chevrolet 6701 Brooklyn Blvd. rn z _
North Star Dodge 6740 Brooklyn Blvd.
Pontiac of Brookdale 6801 Brooklyn Blvd.
City Clerk.
NONPERISHABLE VENDING MACHINE LICENSE
Malmborg's , Inc. 5120 N. Lilac Dr,
Venus Distributing 7035 Washington So.
Venus Water Beds Westbrook Mali
Sanitarian -
SIGN HANGER'S LICENSE
Kaufman Sign Go. 315 N. Washington ao , 0
Lawrence ,Sign Co. 945 Pierce Butler Rt.
Naegle Outdoor Advertising 1700 W 78th St.
% ? 1
Building Inspector
SWIMMING POOL LICENSE
Beach Apartments 4201 Lakeside Ave.; No. 71.
Brooklyn Center Community Center 6301 Shingle Creek Pkwy 7 )V-A j-I,?
Earle Brown Farm Apartments 6100 Summit Drive 7 LP
European Health Spa 2920 County Rd. 10-
Ever green Park Manor 7200 Camden Ave. No.
Garden City Court Apartments 3407 65th Ave. No.
Hi Crest Apartments 1300 67th Ave. No. yam. .��
Holiday Inn 1501. Freeway. Blvd.
Lyn River apartments 201 65th Ave. No. - L2 !..,L1�?
Moorwood Homeowners Associates 5801 Shores Drive
Sanitarian,]