HomeMy WebLinkAbout1977 10-24 CCP Regular Session CITY COUNCIL AGENDA
City of Brooklyn Center
October 24, 1977
7 :30 p.m.
Call to Order
1 2'. Roll Call
Invocation
A. Approval of Minutes - September 19 & 21, 1977
V. Acknowledge Receipt of Petition
Authorize Amending Environmental Health Program Agreement
• Approval of Election judges
8. Resolutions:
Authorizing Facsimile Signatures (2)
j6. Designating Persons Authorized to Act for the City with Designated -
Depositories
, 9: Approving Amended Metropolitan System Statement
• Authorizing Bids for Contract No. 1977 -K
Ordering Construction of Alley Paving Improvement Project No. 1977 -13
Establishing Alley Improvement Project No. 1977 -22
Ordering Construction of Improvement Project No. 1977 -15, 16, 17, & 18
. Ordering Construction of Improvement Project No. 1977 -21
Awarding Bid for Contract No. 1977 -I
Awarding Bid for Contract No. 1977 -j
Accepting Quotations for Trees
Accepting Work for Street Improvement Projects
r . Providing for Public Hearing for Improvement Project No. 1977 -19 & 20
n. Request Extension of Terms for Metro Land Planning Grant Application
Public Hearing - Alley Paving Improvement Project No. 1977 -13 (8 :00 p.m.)
10. Planning Commission Items (8:30 p.m.)
l a: Application No. 76002 Submitted by Fotomat, Inca and 'United National, Inc. �
Application No. 77044 Submitted by the Jesus People Chur^h
/c. Application No. 77048 Submiited by James O'Brien
Application No. 77055 Submitted by Gerald Jacobson
Application No. 77056 Submitted by Winchell's Donut House and United—
National, Inc.
Application No. 77058 Submitted by Gittleman Corporation
CITY COUNCIL AGENDA -2 October 24, 1977
11. Ordinances,
1 K. Amending Chapter 35 Rezoning 7 .toperty at' 67th Avenue North
and James Avenue North
Amending Chapter 35 Rezoning Property at 7240 Brooklyn Boulevard
Amending Chapter 11
Amending Chapters 19 and 27
Amending City Ordinance Relative to Misdemeanor Fines
12. Discussion Items.
a. City Attorney's Report Regarding Possible Charter Conflicts
b. Suburban Health Nursing Service Agreement` Status
p c . Open Forum
Liquor Report
Little League Property Tax Exemption Status
f. Liquor Anti - Trust Settlement Offer
Licenses'
14. Adj ournment
it
CITY MANAGER'S COMMENTS
• Item 5 Acknowledge Receipt of Petition
p
Ms. Jeanette Baker, 5012 Abbott Avenue North, presented a pe'ti'tion
from people in the Happy Hollow Park area requesting the City of
Brooklyn Center not to close the skating rink in Happy Hollow Park.
The staff has been asked to put together a report on -the information
made available to the Park and Recreation Commission when it made
its recommendation to close various skating rinks in our park system
including the Happy Hollow rink. At this `time we have not completed
this task and would expect to have that task completed by your next
regularly scheduled meeting. Should you wish to consider this
particular matter at a future date, you might want 'to consider setting
a specific time so we can be sure to have the report available for you.
Disposition
Item 6 Authorize Amending Environmental Health Program Agreement
I
We are requesting a motion to authorize execution of the amended'
agreement which basically will give the City approximately $5,300
• reve additional o s of
nue. You have. been furnished. with copies th e
amendment to the agreement and exhibit A <indicating the extent and
type of program involved.
Disposition
Item 7 Approval of Election Judges
You have been provided with a list of election judges from the City Clerk
and your action would be to pass a motion approving said list:
Disposition
Item 8a Authorizing Facsimile Signatures (2)
My appointment as City Manager makes it necessary to authorize
a change in signatures on checks drawn by City accounts thiough
the First National Bank of Minneapolis and the First Brookdale Bank.`
The provided resolutions authorize my signature along with Paul
Holmlund's to appear on the aforementioned checks.
Disposition
CITY MANAGER'S COMMENTS
Page 2
•
Item 8b Designating Persons Authorized to Act for the City with Designated
Depositorie s
Again with my appointment as City Manager there is need for a
resolution authorizing me to act for the City in any of its business
with respect to its depositories.
Disposition
- Item 8c Approving Amended Metropolitan System Statement>
It is my understanding that the City of Brooklyn Center and the
Metropolitan Council lave reached agreement on System Statement
language relative to the housing section and 'the transportation
section. The attached resolution authorizes execution of a stipula-
tion agreement between Brooklyn Center and the Metropolitan Council
regarding the wording of the System Statement.
Disposition
Item 8d Authorizing Bids for Contract No. 1977 -K
The attached resolution is for the purpose of approving plans and
specifications and authorizing bids for Street -Surfacing Improvement
Project No. 1977 -19 and Curb and Gutter Improvement Project
No. 1977 -20.
E
Disposition
Itein 8e Ordering Construction of Alley Paving improvement Project No. 1977 -13 '
This resolution should be acted on by the Council if they look favorably
on ordering this alley improvement as provided in the public hearing
scheduled for 8 :00 p.m This item was deferred from the Council
meeting of September 12, 1977 to this meeting.
Disposition
CITY MANAGER'S COMMENTS
Page 3
• a o
Item 8f Establishing Alley Improvement Proyect N 19 77 -22
This resolution is recommended for - the purpose of establishing
Alley Paving Improvement Project No. 1977 -22 located between
Lakeview Avenge and Twin Lake Avenue from Lake Breeze Avenue
North, a distance of approximately 300 feet.
Dispositi ?n
Item 8g Ordering Construction of Improvement Project No. 1977 -15, 16, 17, & 18
This resolution is recommended for the purpose of authorizing
commencement of construction of Trunk Water Main Improvement
Project No. 1977 -15, Sanitary Sewer Improvement Project No. 1977 -16,
Street Surfacing Improvement Project No. 1977 -17, and Curb and Gutter
Improvement Project No. 1977 -18. The above projects provide the
necessary utility and street improvements for Phase II of the "The
Ponds" subdivision located along Unity Avenue North northerly of
69th Avenue North
Disposition
Item 8h Ordering Construction of Improvement Project No. 1977-21
This resolution is recommended for the purpose of authorizing the
commencement of construction on the above project located along
Lakeside Avenue North from Twin 'Lake Avenue easterly approximately
170 feet.
Disposition
Item 81 Awarding Bid for Contract No. 1977 -I
The above contract comprehends the construction of Water Main
Improvement Project No. 1977 -15 and Sanitary Sewer Improvement
Project 1977 -16 and 21. Bids are scheduled to be opened at
11:00 a.m. , Tuesday, October 18, 1977.
Disposition
•
CITY MANAGER'S COMMENTS
Page 4
•
Item 8j Awarding Bid for Contract No. 1977 -j
The above contract comprehends the construction of Street
Surfacing Improvement Project No. 1977 -17 and Curb and Gutter
Improvement Project No. 1977 -18._ Bids are scheduled to be
opened at 11:05 a.m. Tuesday, October 18 1977.
Disposition
Item 8k Accepting Quotations for Trees
Gene Hagel is accepting quotations for 1 -1/2" to 2 diameter
shade trees as part of the reforestation phase of the Diseased Shade
Tree Program.
Disposition
Item .81 Accepting Work ,for ,Street Improvement Projects
This resolution is recommended for the purpose of accepting work
for the following street improvement_ projects Street Paving
Improvement Projects No. 1974 -32, 1977 -3 and 1977 -6; and Curb
and Gutter Improvement Projects No. 1974 -33 and 1977 -4. The
above projects comprehend the street construction along 67th Avenue
North from James Avenue easterly; along Unity Avenue North north of
69th Avenue, and along 55th Avenue North from Queen Avenue westerly.
The work has been satisfactorily completed by Hardrives Inc.
Disposition
Item 8m Providing for Public Hearing for Improvement Project No. 1977 -19 & 20
This resolution is recommended for providing for a public hearing for
Street and Curb and Gutter Improvement Projects No. 1977 -19 and 20
located on Lyndale Avenue North from 59th Avenue to 62nd Avenue
North The public hearing is recommended to be scheduled for 8 :00 p.m.,
on November 14, 1977.
Disposition
CITY MANAGER'S COMMENTS
• Pag 5
Item 8n Request Extension of Terms for Metro Land Planning Grant Application
With this resolution Brooklyn Center is requesting an extension of
the November 2 deadline for applying for metro land planning grants.
We are requesting a 60 day extension of this deadline - to complete
the application.
Disposition
Item 9 Public Hearing - Alley Paving Improvement Project No. 1977 -13
This project contemplates the paving of the alley between James and
Knox Avenues North from 53rd to 54th Avenues North: This item was
continued from the City Council meeting of September 12, 1977 to
this date to provide citizens in the affected area with information
relating to the City's alley paving policy which- calls for the use of
blacktop paving rather than concrete
Disposition
•
Item 10a Application No. 76002 Submitted by Fotomat, Inc. &United National, Inc.
This item was considered by the Planning Commission at its meetings
of May 1976 and October 20, 1977.
Disposition
Item 10b Application No. 77044 Submitted by the Jesus People Church
This item was considered by the Planning Commission at its meetings
of August 25, °1977 and October 13, 1977.
Disposition
Item 10c Application No 77048 Submitted by James O'Brien
This item was considered by the Planning Commission at its meeting
on August 25, 1977
•
Disposition
CITY MANAGER'S COMMENTS
Page 6
Item 10d Application No. 77055 Submitted by Gerald Jacobson
This item was considered by the Planning Commission at its
October ' 13 , 1977 meeting.
Disposition
Item l0e Application No. 77056 Submitted by Winchell`s Donut House and
United National, Inc.
This item was considered by the Planning Commission at its
October 20, 1977 meeting
Disposition
Item 10f Application No 77058 Submitted by Gittleman Corporation
This item was considered by the Planning Commission at its
October 13, 1977 meeting,
•
Disposition
Item 1la Amending Chapter 35 Rezoning Property at 67th Avenue North
and Tames Avenue North
This ordinance amendment is offered for second reading and final
approval �Nhich will rezone the property at 67th Avenue North and
_ James Avenue North. First reading was held on October 3, 1977
and the ordinance amendment was published on October 13, 1977.
Disposition
Item llb Amending Chapter 35 Rezoning Property at 7240 Brooklyn Boulevard
This ordinance amendment is offered for second reading and will
rezone' the property at 7240 Brooklyn Boulevard. First reading of
this ordinance amendment was held on October 3, 1977 and it was
published on October 13, 1977
• Disposition
Fes}
CITY MANAGER'S COMMENTS
• Page 7
Item, llc Amending Chapter 11
This ordinance is a first reading of a housekeeping amendment;to
reflect the 19 year old drinking age recently adopted by the State
Legislature
Disposition
Item l Id Amending Chapters 19 and 27
This is the first reading of a housekeeping amendment adopting
Minnesota Statutes by reference and updating various City codes
to be in line with recently adopted State laws. This applies to
nuisances petty offenses, and also - traffic regulations.
Disposition
Item Ile Amending City Ordinances Relative to Misdemeanor Fines
• This amendment is a first reading of a housekeeping amendment
which will raise the maximum misdemeanor fine from $300 to $500
as authorized by State Statutes. The ordinance will be in a format
recommended by the City Attorney.
Disposition
Item 12a City Attorney's Report Regarding Possible Charter Conflicts
You have been furnished with a copy of the City Attorney's report
regarding this matter, and the City Attorney will be available at the
meeting for questions and comments if you wish clarification.
Disposition
Item 12b Suburban Health Nursing Service Agreement Status
This item was an item tabled from a previous meeting, and we'll
be prepared to comment regarding it.
• Disposition
CITY MANAGER'S COMMENTS
Page 8
Item 126 Open Forum
This item was tabled from the October 3, 1977 Council meeting
for consideration at this meeting as a continued public hearing.
Disposition
Item 12d Liquor Report
You have been provided with a copy of the police investigation of
the on -site manager of the Ground Round Restaurant. At the time
the liquor license was authorized the Ground Round Restaurant was
not yet under construction and no manager had been designated.`
The police department's report indicates a favorable recommendation
regarding the proposed on -site manager.
Disposition
Item 12e Little League Property Tax Exemption Status
A copy of a memorandum from the City Assessor to Mr. Merila has been
provided for your review. If you concur with Mr. Koole's'recommenda-
tion, we will request a motion authorizing; us to seek the Attorney
General's opinion on this issue
Disposition
Item 12f Liquor Anti- Trust Settlement Offer
Famous Brands has offered to settle their anti-trust award to the
City for 80� on the dollar. They owe us approximately $1200 over
the next three yc-ars and if we accept - their offer we would lose $177.
A number of other communities have accepted their offer. Paul
Holmlund and I recommend rejection of their offer.
Disposition
ELECTION JUDGES
November 8, 1977
Precinct 1
D Loretta Stewig 5455 Colfax Avenue North 566 -1419
R Marian Smith 5431 Oliver Avenue North 560- 8063'
R Donna Bennett 2106 54th Avenue North 560 -8927
D Beverly Hoium 5630 N. Lilac Drive 560 -0055
Precinct 2 -
D Dorothy Boman ` 6419 Dupont Avenue North 561 -4965
D Eileen Smith 6330 Fremont Avenue North 561 -4077
R Adeline Lonn 6342 Fremont Avenue North 561 =3877
R Ethel Irving 6020 Emerson Avenue North 561- 6479
Precinct 3
R Evonne Chatelle 7006 Newtor, Avenue north 561 -2586
D Esther Durland 6851 W. River Road 561 -2487
R Sharon Finucane 7013 Morgan Avenue North 561 -1692
D Jean Schiebel - 2120 70th Avenue North 561- -6208
Precinct 4
R Mary Pascoe 7060 Perry Avenue North 551 -8867
D Alice Madir 7024 Quail Avenue North 561 -8263
R Pat Bednarczyk 3624 Violet Avenue North 561 --6495
D Phyllis Petroski 4507 71st Avenue North 561-2895
Precinct 5
D Geraldine Dorphy 4306 Winchester Lane 533- 9017
D Alice VanMeerten 4519 Winchester Lane 537 -8151
R Gladys Leerhoff 4301 66th Avenue North 537 -4791
R Dorothy Rogers 5207 65th Avenue North 533 -5879
Precinct 6
D Emma Gageby 3200 66th Avenue North 561- 4824
R Nancy Laffey 6006 York Avenue North 561-2450
R Judith Dax 2814 Nortrway Drive #204 560 -0865
D Linda Lund 3307 68th Avenue North 560 -3190
Precinct 7
D Mona Hintzman 4018 58ih Avenue North 533 -9792
R Barbara Forder 5936 Halifax Place 537. -2549
R Dawn Kiefer` 6218 Kyle Avenue North 537 -6515
D Carol Benkofske 4019 Janet Lane 533 -451.3
Precinct 8 °
1`D Ethel Pettman 4919 Beard Avenue North 535- -4306
R Kathy Theisen 5701 June Avenue North 637- 2267
R Dorothy Olson 3906 Burquest Lang 537 -6845
D Lorraine Wyman 3501 Admiral Lane 537 -1,365
W
Member introduced the following resolution and
moved its adoption:
. RESOLUTION NO.
RESOLUTION FOR FACSIMILE SIGNATURES
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota, that the First National Bank of Minneapolis, as a designated
depository of the City of Brooklyn Center, be and is hereby requested,
authorized and directed to honor all checks drawn upon all City accounts
when bearing the manual signatures of (or bearing, or purporting to bear the
facsimile signatures of) City Manager Gerald G. Splinter and City Treasurer
Paul W. Holmlund .
The First National Bank of Minneapolis shall be entitled to honor and
to charge the City for all checks bearing said facsimile signatures without
liability to determine whether - the person or persons affixing the facsimile
signatures. - thereon have or had authority to do so and regardless of by whom
or by what means - the facsimile signatures thereon have been affixed - thereto,
if such facsimile signatures resemble the facsimile specimens from time to
time furnished - to or filed with said First National Bank of Minneapolis by the
City Manager; and
BE IT FURTHER RESOLVED - that any and all resolutions heretofore -
• adopted by the City Council of 'the 'City of Brooklyn Center and certified - to
the First National Bank of Minneapolis as governing the operation of such
City accounts with it, be and are hereby continued in full force and effect,
except as the same may be supplemented or modified by - the foregoing part of
this resolution.
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.
RESOLU FOR FACSIMILE SIGNATURES
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota -, that the First Brookdale Bank, as a designated depository of - the
City of Brooklyn Center, be and is hereby requested, authorized and directed
to honor all checks drawn upon all City accounts when hearing the manual
signatures of (or bearing or purporting to bear the facsimile signatures of)
City Manager Gerald G. Splinter and City Treasurer Paul W Holmlund.
The First Brookdale Bank shall be entitled to honor and - to charge the
City for all checks bearing said facsimile signatures without liability to
determine whether - the person or persons affixing the facsimile signatures 'thereon
have or had authority - to do so and regardless of by whom or by what means the
facsimile signatures thereon have been affixed thereto,if such facsimile
signatures resemble the facsimile specimens from time to time furnished to or
filed with said First Brookdale Bank by the City Manager; and
BE IT FURTHER RESOLVED that any and all resolutions heretofore adopted
by the City Council of the City of Brooklyn Center and certified to`the First
• Brookdale Bank as governing the operation of such City accounts with it, be
and are hereby continued in full force and effect; except as - the same may be
supplemented or modified by the foregoing part of this resolution.
Date Mayor
ATTEST;
i Clerk
The motion for the adoption of the foregoing resolution was 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 DESIGNATING PERSONS AUTHORIZED TO ACT FOR
THE CITY ITT ANY OF ITS BUSINESS WITH THE DESIGNATED
DEPOSITORIES OF CITY FUNDS
WHEREAS, by resolutions dated January 3, 1977, . the City Council of the
City of Brooklyn Center did designate persons generally authorized by the City
Charter to act for the City in any of its business with its designated depositories
of City funds as - those persons holding office from - time to time as City Manager
and City' Trea surer; .and
WHEREAS, all checks drawn upon an account of the City must be signed
by both the City Manager and the City Treasurer; and
WHEREAS, Donald G. Poss has resigned his position as City Manager of
the City of Brooklyn Center; and
WHEREAS, Gerald G Splinter has been appointed to the position of City
Manager of the City of Brooklyn Center
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center - that the persons authorized to act for the City in any of its
business with its depositories of City funds are:
Gerald G. Splinter, City Manager
Paul W. Holmlund, City Treasurer
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 AUTHORIZING EXECUTION OF STIPULATION' AGREEMENT
RELATIVE TO METROPOLITAN SYSTEM STATEMENT AMENDMENTS
WHEREAS, the City initiated Reconciliation Proceedings through City Council
Resolutions No. 77 -161 and No 77 --165 relative to certain language regarding housing
and transportation in the Metropolitan Council System Statement for the City; and
WHEREAS, the Reconciliation Procedures adopted by the Metropolitan Qouncil
on April 28, ` 1977 provide for reconciliation through stipulation rather than by formal
C hearing; and
` WHEREAS City and Metropolitan Council officials have developed amendatory
language within the intent of 'the City Council's concerns expressed in the above
resolutions; and
WHEREAS, a Stipulation Agreement containing - the amendatory language has
been re pared for approval b - the it and b the Metropolitan Council:
P p r pp Y City Y P
NOW, THEREFORE, BE IT RESOLVED by the City Council of - the City of
Brooklyn Center - to authorize the Mayor and City Manager to execute the Stipulation
• Agreement with the Metropolitan Council containing the Metropolitan System Statement
amendatory language approved by the City;
BE IT FURTHER RESOLVED that a copy of the executed agreement shall become
a part of this resolution.
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 APPROVING PLANS AND SPECIFICATIONS FOR
STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -19
AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -20,
AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -K
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows
1. The plans and specifications for the following improvements
prepared by the City Engineer are hereby approved and ordered filed
with the 'Clerk:
Street Surfacing Improvement Project No. 1977 -19
Curb and Gutter Improvement Project No. 1977 -20
2. The Clerk shall advertise for bid's for such improvements
by publication at least once in the official newspaper and in the
Construction Bulletin, the date of first publication not less than
ten (10) days prior to the date for receipt of bids. Said notice
shall state that no bids will be considered unless sealed and filed
• and accompanied by -a cash deposit, bid bond, cashier's check or
certified check payable to the City Clerk in the amount of not less
than five per cent (5/) of the bids.
3 Bid date is set for Tuesday, December 6, 1977, at 11:00
o'clock a.m. central standard time.
4. The City: Manager and City Engineer shall be authorized
to open and tabulate the bids.
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.
The Mayor announced that the meeting was open for the'con
sideration of proposed Alley Paving Improvement Project No. 1977 -13
• 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
September 8, 1977 which affidavit was examined and found satis-
factory 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 and considering all objections, and the property
owners appearing in favor of said improvement, member
introduced the following resolution ' and. moved its adoption:
RESOLUTIO14 110.
RESOLUTION ORDERING ALLEY PAVING IMPROVEMENT
PROJECT NO. 1977 -13
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that it is hereby determined that it is necessary
and for the best interests of the City and the owners of Property
specially benefitted thereby, that the following imp- rovement shall be
constructed:
Project 11o. 1977 -13
Alley paving y p ing between James and Knox Avenues North
from 53rd Avenue to 54th Avenue North.
The estimated cost is $10,500.00.
i `
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 ESTABLISHING ALLEN PAVING IMPROVEMENT
PROJECT NO. 1977 -22 AND ORDERING PREPARATION OF
PLANS AND SPECIFICATIONS.
WHEREAS, a, petition has been presented to the City Council
i
requesting Alley Paving Improvement Project No. 1977 -22 and
WHEREAS, the City Council deems it necessary to initiate the
4
above mentioned improvement project:
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:
1977 =22 Alley Paving
Between Twin Lake Avenue and Lakeview Avenue from
Lakebreeze Avenue North northerly 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
t�
and moved its adoption:
RESOLUTION NO
RESOLUTION ORDERING CONSTRUCTION OF 'TRUNK WATER MAIN
IMPROVEMENT PROJECT NO. 1977 -15, SANITARY SEWER
IMPROVEMENT PROJECT NO. 1977 - 16, STREET SURFACING
IMPROVEMENT PROJECT NO. 1977 - 17, AND CURB & GUTTER
IMPROVEMENT PROJECT NO. 1977 -18.
WHEREAS, the City Council received a petition from all of the
affected property owners requesting the construction of Trunk Water
Main Improvement Project No. 1977 -15, Sanitary Sewer Improvement
Project No. 1977 -16 Street Surfacing Improvement Project No 1977 -17,
and Curb & Gutter Improvement Project No. 1977 -18, and
WHEREAS,_ Chapter 429.031, Subdivision 3, Laws of Minnesota
provides that: "Whenever all owners of real property abutting upon any
street named as the location of any improvement shall petition the
Council to construct the improvement and to assess the entire cost
against their property, the Council may, without a public hearing,
adopt a resolution determining such fact and ordering the improvement."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, that it has been determined that a petition 'signed
. by all owners of real property to be benefited by the installation of
said Improvement Project No's. 1977 -15, 16, 17 -& 18 has been received.
BE IT FURTHER RESOLVED that in accordance with Chapter 429.031,
Subdivision 3, Laws of Minnesota, the following described improvements
be herewith ordered and authorized:
Estimated`
Project No. Location Cost
1977 - 15 Trunk Water Main proposed Unity Avenue
North (Outlot A, The Ponds subdivision)
from 460 feet north of the centerline of
69th Avenue North northerly approximately
480 feet. $ 20,200.00
1977 -16 Sanitary sewer in proposed Unity Avenue
North (Outlot A, The Ponds subdivision)
from 420 feet north of the centerline
of 69th Avenue North to 73rd Avenue
North. 108,500.00
RESOLUTION NO.
Estimated
Project-N Location Cost
1977 -17 Street surfacing on proposed Unity Avenue
North (Outlot A, The Ponds subdivision)
from.443 feet north of the centerline of
69th Avenue North northerly approximately
460 feet. $ 52,500.00
1977 - 18 Curb and gutter on proposed Unity Avenue
North (Outlot A, The Ponds -subdivision)
from 443 feet north of the centerline of
r 69th Avenue North northerly approximately
460 feet. $ 6,200.00
Date Mayor
m
A�TEST-
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 ORDERING CONSTRUCTION OF SANITARY SEWER
IMPROVEMENT PROJECT NO. 1977 -21
WHEREAS, the City Council received a petition from all of the
affected property owners requesting the construction of Sanitary Sewer
Improvement Project No. 1977 -21; and
WHEREAS, Chapter 429.031, Subdivision 3, Laws, of Minnesota,
provides that "Whenever all owners of real property abutting upon any
street named as the location of any improvement shall petition the
Council to construct the improvement and to assess the entire cost
against their property, the Council may, without -a public hearing,
adopt a resolution determining such fact and ordering the improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, that it has been determined that a petition signed
by all owners of real property to be benefited by the installation of
said sanitary sewer on Lakeside Avenue North from the centerline of
Twin Lake Avenue easterly approximately 170 feet has been received.
BE IT FURTHER RESOLVED that in accordance with Chapter 429.031,
• Subdivision 3, Laws of Minnesota, the above described sanitary sewer
improvement be herewith ordered and authorized.
The estimated cost is $5,950.00.
•
Date Mayor
ATTEST
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member I 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 ACCEPTING BID AND APPROVING CONTRACT FORM
(% - ATER MAIN AND SANITARY SEWER CONTRACT 1977-1)
WHEREAS, the City Treasurer and the City Engineer have reported
that on October 18, 1`977, at 11:00 a.m., central daylight time, they .
opened and tabulated bids received for Contract 1977 -I, including Water
Main Improvement Project No. 1977 -15 and Sanitary Sewer, Improvement
Project No's. 1977 -16 and 1977 -21, and that said bids were as follows:
l) Minn -Kota Excavating, Inc. $ 98,519.70
2) De -Luxe Construction, Inc. w 104,966.25 -
3) C. S. McCrossan, Inc 117,560.00
4) Dawson Construction, Inc. 118,783.75
WHEREAS,'Minn -Kota Excavating, Inc., low bidder for said
contract, stipulated in their - proposal that they would not accept the
dontract for 1977 -I without receiving the contract for 1977-J; and
WHEREAS, the combined total of amounts bid for Contract 1977 -I
by- Minn -Kota Excavating, Inc., exceed the combined total of amounts
bid by C. S. McCrossan, Inc., for Contract 1977 -J, and De -Luxe
Construction, Inc., for Contract 1977 -I;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the bid of De -Luxe Construction, Inc., in the
amount of $104,966.25, as to furnishing of all work, labor, and material
in connection with the above mentioned improvement projects," according
to the plans and specifications therefor now on file in the office of
the City Clerk, is deemed to be the lowest and best bid submitted for
said work by a responsible bidder, and said bid is hereby accepted.
BE IT FURTHER RESOLVED to authorize the Mayor and City Manager
to execute a contract with said bidder.
Date Mayor
ATTEST
Clerk
RESOLUTION NO.
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.`
f
•
Member introduced the following resolution
and moved its adoption: '
RESOLUTION NO.
•
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 'FORM
(STREET GRADING, BASE & SURFACING AND CURB & GUTTER
CONTRACT 1977 -J)
f WHEREAS, the City Treasurer and the City Engineer have reported
" that on October 18, 1977, at 11 :05 a.m., central daylight time, they
opened and tabulated bids received for Contract 1977 -J, _including Street
I Grading, Bane & Surfacing Improvement Project No. 1977 -17 and Curb &
' Gutter Improvement Project No. 1977 -18; and that said bids were as
" follows:
1) C. S. McCrossan, Inca $46,886.32
2) Minn -Kota Excavating, Inc. 54,348.80
3) Shafer Contracting Co., Inc. 59,471.00
4) Hardrives, Inc. 68,952.80
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the bid of C. S. McCrossan, Inc., in the amount
of $46,886.32, as to furnishing of all work, labor, and material in
connection with the above mentioned improvement projects, according to
the plans and specifications therefor now on file in the office of
the City Clerk, is deemed to be the lowest and best bid submitted for
said work by a responsible bidder, and said bid is hereby accepted.
BE IT FURTHER RESOLVED to authorize the Mayo;: and City Manager
to execute a contract with said bidder.
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:
whereupcn said resolution was declared duly passed and adopted.
Member introduced the fallowing resolution and
moved its adoption:
• RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES
WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the
purchase, of merchandise, materials or equipment, or any kind of construction
work by informal quotations when the amount of such contract is less than ten
E thousand dollars ($10,000); and
WHEREAS, the City Manager has obtained quotations on the purchase
of 90 shade trees and has determined that the quotation of Midwest Tree &
Landscaping in the amount of $2,520.00 for 90 esoe-� one and one half tw �M
- ( -) green ash trees (bare root) is the best quotation submitted.
h
14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the City Manager be authorized to contract for the
purchase of 90 shade trees in the amount of $2,520.00 from Midwest Tree &
Landscaping.
• 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 ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the City
of Brooklyn Center, Minnesota, Hardrives, Inc. has satisfactorily
completed the following improvement in accordance with said contract:
Street Grading, Base -& Surfacing Improvement Project No 1974 -32
67th Avenue North from James Avenue to approximately 180 feet
easterly of James Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center:
1. The work completed under said contract is hereby accepted
and approved.
2. The value of work performed is less than the original
contract amount by $1,321.79 because of an overestimation in the
I_
Aggregate Base and Bituminous Surface plan quantities
• 3. It is hereby directed that final Ym a ent be made on said
P
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$8,708.11.
Date Mayor
ATTEST:
Clerk
The motion for the _ado adoption of the foregoing resolution was
tion duly.
P g g u 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 ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the City
r of Brooklyn Center, Minnesota, Hardrives, Inc., has satisfactorily
completed the following improvement in accordance with said contract:
Curb & Gutter Improvement Project No. 1974 -33
I "
67th Avenue North from James Avenue to approximately
180 feet easterly of James Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City, of Brooklyn Center:
1. The work completed under said 'contract is hereby accepted
and 'approved.
2. The value of work performed exceeded the original contract
amount by $1,067.19 because of an underestimation in the Concrete
• Driveway and Bituminous Surface plan quantities.
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$4,947.19.
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 ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the City
t of Brooklyn Center, Minnesota, Hardrives, Inc. has satisfactorily
completed the following improvement in accordance with said contract:'
Street Grading, Base & Surfacing Improvervent Project No. 1977-3
Unity Avenue North from 69th Avenue North northerly approximately
445 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center.
1. The work completed under said contract is hereby accepted
and approved.
2. The value of work performed exceeded the original contract
amount by $0.61 because of a' general underestimation in the plan quantities.
• 3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$4,297.71.
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.
1
Member introduced the following resolution
and moved its adoption:
RESOLUTION P1O.
RESOLUTION ACCEPTING WORK
(CONTRACTED BY CITY) -
WHEREAS, pursuant to a written contract signed with the City
of Brooklyn Center, Minnesota, Hardrives, Inc., has satisfactorily
completed the following improvement in accordance with said contract:
Curb & Gutter Improvement Project No. 1977-4
Unity Avenue North from 69th Avenue North northerly
approximately 445 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center:
1. The work completed under said contract is hereby accepted
and approved.
2. The value of work performed is less than the original
contract amount by $36.90 because of a general overestimation in the
• plan quantities.
3. It is hereby directed that final payment be made on said
contract, taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project 'shall be
$3,653.10.
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 ,;<.I
and moved its adoption:`
• RESOLUTION NO.
RESOLUTION ACCEPTING WORK
(CONTRACTED BY CITY)
WHEREAS, pursuant to a written contract signed with the City''
of Brooklyn Center,Minnesota, Hardrives, Inc. has satisfactorily
completed the following improvement in accordance with said contract:
Street Grading, Base & Surfacing Improvement Project No.` 1977 -6
f
f 55th Avenue North from.Queen Avenue North westerly
I approximately 150 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center':
1, The work completed under said contract is hereby accepted
and approved.
A
2. The value of work performed is less than the original
contract amount by $2;574.10 because of the following:;
• a. An overestimation of Bituminous Surfacing, Topsoil
and Sodding plan quantities decreased the contract
amount by $325.10.
b. The deletion of the Remove Bituminous Surfacing,
Common Excavation, Aggregate Base, Prime Coat,
Adjust Water Gate Valve Housings, and Adjust Frame
and Ring Castings plan quantities decreased the
contract amount by $2,249.00. The deleted work
was done by the Brooklyn Center Street Department.
3. It is hereby, directed that final payment be made on said
contract,` taking the Contractor's receipt in full. The total amount
to be paid for said contract for said improvement project shall be
$1,447.70,
Date Mayor
• ATTEST:
Clerk
RESOLUTION NO.
i
The motion for the adoption of the foregoing resolution was duly
f seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
f _ and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO
RESOLUTION PROVIDING FOR PUBLIC HEARING FOR STREET SURFACING
IMPROVEMENT PROJECT NO.. 1977 -19 AND CURB AND GUTTER IMPROVE-
MENT PROJECT NO. 1977 -20
WHEREAS, it is proposed that there be constructed improvements consisting
of the following:
Estimated
Project No. Improvement Cost
1977 -19 Street surfacing on Lyndale Avenue North from the $65,000.00
centerline of 59th Avenue North to 185 feet north of
the centerline of 61st Avenue North
1977 -20 Curb and gutter on Lyndale Avenue North from the $16,000.00'
centerline of 59th Avenue North to the centerline
of 62nd Avenue North
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 proposed to proceed under authority granted by Chapter 429,
Minnesota Statutes
2. A public hearing on the proposed improvements shall be held, at the City
Hall in the City or Monday, the 14th day of November, 1977, at 8 :00 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 described
as follows:
ALL LOTS AND PARCELS ABUTTING THE ABOVE DESCRIBED STREETS AND /OR
TO BE BENEFITED -BY THE IMPROVEMENTS.
4. These proposed improvements shall be designated as Street Surfacing
Improvement Project No. 1977 -19 and Curb and Gutter Improvement Project No. 1977 -20.
Date Mayor
ATTEST:
Clerk
RESOLUTION NO.
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.
r
I
f
l
I-
Member irltroduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION REQUESTING EXTENSION OF TIME FOR SUBMISSION
OF METROPOLITAN LAND PLANNING ASSISTANCE GRANT APPLICATION
WHEREAS, the City is entitled to planning assistance grant funds under
the 1976 Metropolitan Land Planning Act (M.S.A. 473.851 473.872); and
WHEREAS,. the application to the Metropolitan Council for said funds
is to be submitted within 120 days from the date the Metropolitan System State-
ment was received, said period ending November 2 1977; and
► WHEREAS, pursuant to the Metropolitan Council System Statement
Reconciliation Procedures and to City Council Resolution Nos 77 -161 and .
77 -165, the City initiated a 60 day reconciliation period effective August 29, 1977
and
WHEREAS, City efforts have been directed in that time to the resolution
of the matters specified in the reconciliation request; and
WHEREAS., the City intends to apply for the Planning Assistance Grant
Entitlement and
WHEREAS, the Metropolitan Council Planning, Assistance Guidelines,
adopted April 28, 1977, at Section VI.G, provide for an extension of the grant
application period:
NOW, THEREFORE, BE IT RESOLVED by the City C)ouncil of the City
of Brooklyn Center to request an extension, up to 60 days, of the period for
submitting a Metropolitan Land Planning Assistance Grant Application.
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 35 OF THE CITY ORDINANCES
REGARDING REZONING OF CERTAIN PROPERTY FROM R -1 TO I -1
I
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
f
Section 1, Section 35 -1200 of the City Ordinances is hereby amended,
in part, by the addition of the following:
The West 325 feet, as measured along the North and South lines
thereof, of the following described property;
that part of the Southeast 1/4 of the Northeast 1/4 of Section 35.
Township 119, Range 21, lying North of the North line of Lot 2,
Block 1, Brooklyn Center Industrial Park Plat 2, and the North
line of Lot 1, Block 1, Twin Cities Interchange Park and its
Easterly extension, and lying East of the East line of Lot 1,
Block 1, Brooklyn Center Industrial Park Plat 2 and its Northerly
extension. The North line of said property being determined by
Judicial Landmarks set pursuant to Torrens Case No. 4945.
•
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 19
Mayor
ATTEST:
Date of Publication
Effective Date
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35-OF THE CITY ORDINANCES
RELATIVE TO REZONING OF CERTAIN PROPERTY` FROM R -1 TO C -I
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35 -1170 is hereby amended, in part, by the addition
of the following:
Lot 20, Auditor's Subdivision No. 57
Section 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication
Adopted this day of , 19
Mayor
ATTEST;
Date of Publication
Effective Date
CITY OF ,BROOKLYN CENTER
ORDINANCE NO..
• AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES
TO REFLECT THE 19 YEAR OLD DRINKING AGE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER _DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 11 of the City Ordinances is hereby amended
with the following changes
f Section 11 -106 PERSONS INELIGIBLE FOR LICENSE. No license shall
be granted to any person: (1) Under (181 19 years of age.
Section 11 -108. CONDITIONS OF LICENSE. Subdivision 3. No beer
shall_ e - sold or served to any intoxicated person or to any person under
(18) 19 years of age.
Subdivision 4. No minor under (181 19 shall be permitted to sell
or serve beer in any On Sale" establishment.
Section ll -509. PERSONS INELIGIBLE FOR LICENSE. No license shall
be'granted to or held by any person: 1. Under 1181 19 years of age.
Section 11 -511 CONDITIONS OF LICENSE.
7. No intoxicating liquor shall be sold or furnished or delivered to
*any intoxicated person, to any habitual drunkard, to any person under
(181 1 years of age, or to any person to whom sale is prohibited by
state law.
8. No person under (181 19 years of age shall be employed in any rooms
constituting the place in .which intoxicating liquors are sold at retail
"on sale ", except that persons under [181 19 years of age may be employed
to perform the duties of a busboy or dishwashing services in places defined
as a restaurant or hotel or motel serving food in rooms in which intoxi-
eating`liquors are sold at retail "on sale ".
Section 11 -514 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
1. No person under (181 19 years of age shall misrepresent his age for
" the purpose of obtaining intoxicating liquor nor shall he enter any pre -
mises licensed for the retail sale of intoxicating liquor for the purpose-
of purchasing or having served or delivered to him for consuming any such
intoxicating liquor, nor shall any such person purchase, attempt to pur-
chase, consume, or have another person purchase for him any intoxicating
liquor.
2. No person under (181 19 years of age shall receive delivery of
intoxicating liquor.
3. No person shall induce a person under the ,age 'of (181 19 years to
O urchase or procure or obtain intoxicating liquor.
4. Any person who may appear to the licensee, his employees or agents
S "1 PSI
'4LI
to be under the age of [18] 19 years shall, upon demand of the licensee,
his employee or agent, produce and permit to be examined a valid driver's
,license or identification card.
S. In every prosecution for a violation of'the provisions of this
ordinance relating to the sale or furnishing of intoxicating liquor to
persons under the age of [18] 19 years, and in every proceeding before
the City Council with respect _t ereto, the fact that the minor involved
has obtained and presented to the licensee, his employee or agent, a
verified identification from which it appears that said person was [18`]
19 years of age and was regularly issued such identification card, shall
Fe prima facie evidence that the licensee, his agent or employee is not
guilty of a violation of such a provision and shall be conclusive evidence
that a violation, if one has occurred, was not willful or intentional.
6. Any person who may appear' to the licensee, his employee or agent to
be under [18] 19 years of age and who does not have in his possession any
identification certificate as above described, may sign and execute a
statement in writing as follows:
READ CAREFULLY BEFORE SIGNING
The following are excertps from the Laws, of the State of Minnesota,
Section'340.731 Minnesota Statutes, Minors, Forbidden Acts or Statements:
"It shall be unlawful for:
• Any person to misrepresent or misstate his or her. age,
or the age of any other person for the purpose of inducing
any licensee, or any employee of any licensee, or any
employee of any municipal liquor store, to sell, serve
or deliver any alcoholic beverage to a`minor;
A Minor to have in his possession any intoxicating
liquor with intent to `consume same at a place other
than the household of his parent or guardian."
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR'
PUNISHABLE BY A FINE OF $500.00 OR A 90 -DAY IMPRISON-
MENT OR BOTH.
My age is Date of Birth Place of
Birth - My address is
Dated:
Type of entl i.caton
Witness
Signed
The above form shall be furnished at the expense of all licensees
desiring to use the same and when properly executed may be considered
as evidence in any prosecution and by-the City Council in any pro -`
ceedng before the Council or a committee thereof relating to the
business or operations. the licensee. Such forms after execution
shall be kept on file by the licensee for a period of one year.
Section 2. This ordinance shall become effective after adoption
and upon thirty (30) days following its legal publication.
Adopted this day of 2977
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 19 AND 27 OF THE CITY
ORDINANCES ADOPTING BY REFERENCE THE MINNESOTA STATUTES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. The following sections of the City Ordinances are amended as
follows
Section 19 -205. THEFT AND RELATED OFFENSES. Subdivision 1. Every
person who commits a theft as defined in Section 609.52 of the Minnesota Criminal
Code, Laws of'1963, [Chapter 753 and its successors,] as amended by Laws of 1976
which is not punishable as a felony under the state law, upon conviction therefor,
shall be liable to the same fine or imprisonment as is provided in Section 19 -201,
the Ordinances of the City of Brooklyn Center.
Subdivision 2: Every person who receives or conceals stolen property as
defined in Section 609.53 of the Minnesota Criminal Code, Laws of 1963, [Chapter 753
and its successors,} as amended by Laws of 1976 which is not punishable as a felony
under state law, upon conviction therefor, shall be liable to the same fine or imprison-
ment as is provided in Section 19 -201 of the Ordinances of the City of Brooklyn Center.
Section 19 -402. DANGEROUS WEAPONS
1. "Dangerous weapon" means any firearm, airgun or pellet
gun, whether leaded or unloaded, or any device designed
as a weapon and capable of producing death or great bodily
harm, or any other device or instrumentality which in the
manner it is used or intended to be used, is calculated or
likely to produce death or great bodily harm.
2. Section 609.66 of the Minnesota Criminal Code (West, 1963) Laws
of 1963, [Chapter 7531 as amended by Laws of 1976 is hereby adopted
by reference and shall have the same force and effect as though set
out at length herein.
Section .19.403. SALE AND USE OF FIREWORKS PROHIBITED. [Section 616.43
of the Minnesota Criminal Code (West, 1963) Laws of 1963, Chapter 7531 Minnesota
Statutes, 1976, Section 624.21 is hereby adopted by reference and shall have the same
force and effect as though fully set forth herein.
Section 2 -102. HIGHWAY REGULATION ACT - ADOPTED. The regulatory pro-
visions of Chapter 169, Minnesota Statutes as amended by Laws of [19731 1976
are hereby adopted by reference as a traffic ordinance regulating the use of highways,
streets, alleys, and other land within the City of Brooklyn Center and are hereby
incorporated in and made a part of this ordinance as though fully set forth.
ORDINANCE NO
Section 27 -103. DRIVER'S LICENSE REQUIREMENTS. The regulatory
provisions of Chapter 171, Minnesota Statutes as amended by Laws of [1973]
1976 are hereby adopted by reference and are hereby incorporated in and made a
part of this ordinance as though fully set forth.
Section 27 -104. OBSTRUCTION OF OR DAMAGE TO HIGHWAY, STREETS, AND
ALLEYS. The regulatory provisions of Chapter 160, Minnesota Statutes, Section 160.27
(5) as amended by Laws of [1973] 1976 relating to the obstruction of or damage to
highways is hereby adopted by reference and shall have the same force and effect to
all highways, streets, and alleys within the City of Brooklyn Center. All violations
hereof shall be 'prosecuted by the City Attorney for 'the City of Brooklyn Center.
Section: 2. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this day of 1977.
Mayor
ATTEST:
Clerk
Date Published
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
CITY OF BROOKLYN CENTER
l ORDINANCE NO.
AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY
ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES
IN MINNESOTA STATUTES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1 Pursuant to Laws of Minnesota 1977, Chapter 355,
Section 5 the following numbered City ordinances which prescribe a
maximum fine of $300 or imprisonment for 90 days for an ordinance
f violation are hereby amended to prescribe a maximum fine of $500 or
imprisonment for 90 days or both:
Section 1 -117, an ordinance relating to animal control.
Section 3 -102G an ordinance relating to the building code.'
Section 3 -104E an ordinance relating to the addressing of buildings.
Section 4- 501 an ordinance relating to.water and sewer.
Section 5 -114 an ordinance relating to conduct at the scene of a
fire emergency.
Section 5 -211 an ordinance relating to the fire prevention code.
Section 5 -304 an ordinance relating to fire prevention provisions
in industrial, commercial and residential districts.
Section 5 -402 an ordinance relating to the establishment of fire
lanes. -
Section 7 -108 an ordinance relating to garbage and sanitation code.
Section 7 -206 an ordinance relating to public swimming pool rules,
regulations and licensing provisions.
Section 7 -402 an ordinance relating to connection of drain pipes
and the sewer system.
Section 7 -504 an ordinance relating to cleaning of septic tanks
and cesspools.
Section 7 -607 an ordinance relating to lodging establishments.
Section 8- 128.01 an ordinance relating to the health, food and
sanitation code.
Section 9 -303 an ordinance amending chapter nine by requiring
burial of certain electrical and communication lines.
• . Section 11 -115 an ordinance relating to the liquor code.-
Section 11 -207 an ordinance relating to Off -Sale Liquor Dispensary.
Section 11 -304 an ordinance relating to the purchase, possession
and consumption of beer and liquor by minors:
Section 11 -405, an ordinance relating to the consumption and display
of in oxica ing iquor.
Section 11 -514, an ordinance relating to the licensing and regulating
of the use and sae of intoxicating liquor.
I ,
Section 11 -517 an ordinance relating to liquor liability insurance.
Section 12 =910 an ordinance relating to license suspension or
revocation in housing maintenance and occupancy.
Section 12- 1205 ,.an ordinance relating to compliance orders in
housing maintenance and occupancy.
Section 12-1302, an ordinance relating to execution of housing
compliance orders by public authority.
Section 13 -11`4 an ordinance relating to parks and recreation
regulations.
Section 13 -202, an ordinance relating to unlawful use of parks and
recrea 'ion acilities.
•
Section 13 -303 an ordinance prohibiting the operation of motorized
vehicles in parks and open - space.
Section 13 -403, an ordinance prohibiting the possession and consumption
of alcoholic `everages in Twin Beach Park,
Section 15 -114 an ordinance relating to the platting code.
Section 19 -102 an ordinance prohibiting the keeping of any nuisance
or offensive matter.
Section 19 -201 an ordinance relating to loitering.
Section 19 -212 an ordinance relating to cruel treatment to 'animals.
Section 19 -215 an ordinance relating to vagrancy.
i Section 19 -307, an ordinance relating to curfew.
Sec 19 -404, an ordinance relating to firearms, fireworks and
other dangero us devices <in the City.;
Section 19- 502 -an ordinance prohibiting destruction or theft of
City property.
Section 19- 501.2, an ordinance prohibiting the issuance of worth-
less checks.
Section 19 -702, an ordinance prohibiting door to door solicitation
it under certain circumstances
Section 19 -805 an ordinance regulating the carrying of pistols or
revolvers.
Section 19 -902 an ordinance prohibiting the obstruction of sidewalk
and walkways
Section 19 -1005 an ordinance providing for the abatement of
abandoned motor vehicles.
Section -19 -1103 an ordinance establishing standards for the
operation of drive -in restaurants
Section 19 -1104 an ordinance defining unlawful conduct in a drive-
in restaurant.
Section 19- 1105 ,.an ordinance defining unlawful assembly in a drive-
in restaurant.
Section 19.1106 an ordinance prohibiting the.consumption of alcoholic
beverages in a'drive -in restaurant
Section 19 -1108 an ordinance relatin g to the public nuisances and
petty offenses code.
Section 19- 1126 - an ordinance regulating the possession and purchase
or delivery of barbituates and other prohibited drugs.
Section 19 -1132 an ordinance regulating the sale and possession of
codeine.
Section 19 -1138, an ordinance prohibiting the inhaling, brea
n
P g g� g
or drinking of certain substances commonly known as glue and regulating
the purchase, sale and possession thereof.
Section 19 -1203 an ordinance providing for the abatement of noise.
Section 1.9 -1307 an ordinance regulating the operating, parking,
_storing, repairing, servicing and maintaining of junk vehicles.
Section 19 -1403 an ordinance requiring fencing around all outdoor
swimming pools.
Section 19- 1506 an ordinance relating to the detection and control
of dutch elm disease. -
Se ction 19- 1604 an ordinance providing for the control of noxious
weeds.
Aecoae . Section 21 -111 an ordinance relating to the public transportation
Section 23- 012.02 an ordinance establishing general licensing
regulations
Section 23 -107 an ordinance relating to special licenses.
Section 23-201.02, an ordinance providing for the licensing of pool,
billiard and bumper pool tables in the City.
Section 23- 209.06 an ordinance regulating bowling alleys.
Section 23 -303 an ordinance relating to licensing of certain public
dancing in the City.
Section 23 -410 an ordinance providing for regulations and the
licensing of filling stations.
Section 23 -508 an ordinance providing for the licensing, regulations
and operation of bicycles.
Section 23 -607 an ordinance regulating the game of bingo as
i
authorized by Minnesota statute.
Section 23 -709 an ordinance relating to the appointment of special
police officers.
Section 23- 1008 an ordinance licensing and regulating the operation
of coin - operated and self- service dry cleaning machines
Section 23- 1111 ,.an ordinance providing standards for parades and
regulating the conduct of parades.
Section 23- 1222 an ordinance relating to the sale of motor vehicles,
•establishing regulations and providing for licensing.
Section 23 -1305 an ordinance relating to the sale of Christmas trees.
Section 23 -1416, an ordinance regulating the construction, maint-
enance and operation of nursing homes and boarding care homes.
Section 23 -1502, an ordinance requiring the licensing of mechanical
contractors an ouse moving contractors
Section 25 -102 an ordinance relating to public streets and drainage
ways.
Section 25 -304, an ordinance relating to weight limits on streets
y and higFiways.
Section 27 -101, an ordinance regulating motor vehicles and other
conveyances within the City.'
t
Section 27 -203, an ordinance 'regulating : safety aspects regarding
on street soliciting and vending by catering food.
Section 27-908, an ordinance regulating the use and operation of
snowmo es.
Section_ 31 -250 an ordinance relating to the Civil Defense code.
Section 34 -210 an ordinance relating to signs;
Section 35-1040 an ordinance relating to the zoning code.
Section 2. This ordinance shall become effective after adoption
and upon thirty 30 days following its legal publication.
P Y C ) y g g P
Adopted this day of 1977.
Mayor
M
ATTEST
► Clerk
Date Published
Effective Date
Licenses to be approved by the City Council on October 24, 1977
CIGARETTE LICENSE
Services 2830 North Fairview
Wqorth Star Dodge 6740 Brooklyn Blvd.
City Clerk,
FOOD ESTABLISHMENT LICENSE
Ricco's Cafe 5742 Morgan Ave. No
Sanitarian
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
Right -Way Disposal 33 118th Ave. N.E. ?
,► Sc
3
! ITINERANT FOOD ESTABLISHMENT LICENSE
Brooklyn Center Mrs. Jaycees 5646 Girard Avenue North
(Haunted Howse) r _
Brooklyn Center Mrs. Jaycees 5646 Girard Avenue North
(Bazaar) Sanitarian -
NONPERISHABLE VENDING MACHINE LICENSE
ARA Services 2830 North Fairview
North Star Dodge 6740 Brooklyn Blvd. '� U
Red Owl Country Store 5425 Xerxes Avenue No`. i + z�
• Sanitarian
PERISHABLE VENDING MACHINE LICENSE
Red Owl Country Store 5425 Xerxes Avenue No. 1U�
S nitarian �-
RENTAL DWELLING LICENSE
Initial
Martha Lahti 5316 Knox Avenue No. ___AJ tl?.6)u
Martha Lahti 5322 Knox Avenue No.
Robert W. Johnson 6801 Scott Avenue No. ! i
Michael & Elizabeth Keiffer 5456 Emerson Avenue No
Renewal:
k Donald P. Foster 5100 Brooklyn Boulevard TJU M A L
Wilfird -& Lillian Hollenbeck 5406 Bryant Avenue No. j,F
Alfred & Myrtle Herlitz 7037 Drew Avenue No. 7 c
{ Dale C. Wegner 5935 Dupont Avenue No. T,f L- 17!ek�
Warren Samuelson Lakebreeze Apartments
Director of Planning
and Inspection