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HomeMy WebLinkAbout1977 11-14 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center November 14, 1977 7 :30 p.m: Call to Order Roil Call Approval of Minutes October A & 24, & November 8, 1977 Acknowledge Receipt of Petition N f/. Final Plat Approval // 7�'. Subdivision Bond Releases (2) Authorize Execution of Agreements Resolutions: 7? . Authorizing the Purchase of Repair • �7-y y� Objecting to Consideration of Waste Water Restrictions & Limitations Ordering Construction of Improvement Project No. 1977 -19 Ordering Construction of Improvement Project No. 1977 -20 +�7 - .ay. q(. Accepting Work for Street Paving Project No., 1977 -14 C CAP Public Hearing for Street Surfacing Improvement Project No. 1977 -19 and Curb and Gutter Improvement Project No. 1977 -20 (8 :00 p.m.) T. Planning Commission items (9 :00 p.m.): / K. Application No. 77037 submitted by Howe, Inc. • k�. Application No. 77038 submitted by Howe Inc. je. Application No. 77059 submitted by Dayton's �f. Application No. 77060 submitted by Dayton's )9. Application No. submitted by 12 . Ordinances: 77- /7 Amending Chapter 11 77./ S Amending Chapters 19 and 27 Amending City Ordinances Relative to Misdemeanor Fines y#. Amending City Ordinances Regarding Various License Fees CITY COUNCIL AGENDA -2 November 14, 1977 13. Discussion Items: A_� Skating Rinks • Community Center Memberships and Admis sions- g: City Attorney's Report on Possible Charter Conflicts Suburban Health Nursing Service Agreement Status ✓,� Community Development Funds / Open Forum �!! Hennepin County Emergency Communications 14 . Licenses 15. Adjournment • CITY MANAGER'S COMMENTS Item 5 Acknowledge Receipt of Petition We have received a petition from Dr. C. A. Pierach relative to the need for safe pedestrian crossings and traffic signals along T. H. 169. We are recommending acknowledgement of the receipt of the petition, and we have already sent Dr. Pierach a letter enclosing a previous communication to Mr. and Mrs. Barry and Mr. Scherer on the same subject and enclosed the resolution passed by the City Council request- ing the Minnesota Department of Transportation to install traffic signals j on T. H. 169 at 66th Avenue North, 69th Avenue North and 73rd Avenue North. Currently under consideration for funding, which we assume will occur, is a project to construct permanent traffic signals for pedestrian crossing controls at T. H. 169 and 66th Avenue North and flashing over- head beacons at the pedestrian crossings at 69th Avenue and 73rd Avenue North. Disposition Item 6 Final Plat Approval • The Engineering Department recommends the City Council approve the final plat titled Berean Addition located at 6625 Humboldt Avenue North. The preliminary plat was approved by the City Council on October; 3, 1977, under Planning Commission Application No. 77046. Disposition Item 7 Subdivision Bond Release (2) I recommend you approve authorization to release the following subdivision bonds: (1) A subdivision and financial guarantee amounting to $500 for Brandvold= Aldrich Addition located at 6107 Aldrich Avenue North be released on the basis of the obligations being satisfied. (2) The financial guarantee amounting to $3,750 for Centaur Addition located at 67th and Emerson Avenue North be released on the basis of obligations being satisfied. Disposition ti INDEX August 8, 1977 1. The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:p.m. 2. Motion by Councilman Lhotka, seconded by Councilman Fignar to approve the minutes of the July 11, 1977 City Council meeting as submitted. 3. Motion by Councilman Lhotka, seconded by Councilman Fignar to approve the minutes of the July 11, 1977 City Council meeting as submitted. 4. Motion by Councilman Britts, seconded by Councilman Lhotka to approve the minutes of the July 18, 1977 special City Council meeting as submitted. 5. Motion by Councilman Kuefler, seconded by Councilman Fignar to approve the minutes of the July 25, 1977 City Council meeting as submitted. 6. Motion by Councilman Kuefler, seconded by Councilman Fignar to approve the minutes of the July 25, 1977 City Council meeting as submitted. 7. RESOLUTION NO. 77 -153 Resolution regarding development and platting of property at 6810 Brooklyn Boulevard 8. RESOLUTION NO. 77 -154 Resolution authorizing the issuance of temporary improvement notes 9. RESOLUTION NO. 77 -155 Resolution authorizing the purchase of four (4) mobile radio transmitter receivers 10. RESOLUTION NO. 77 -156 Resolution authorizing the purchase of slat blinds and shades 11. RESOLUTION NO. 77 -157 Resolution establishing and providing for a public heating for alley paving improvement project no. 1977 -13 and ordering preparation of plans and specifications 12. Motion by Councilman Fignar, seconded by Councilman Kuefler to approve Planning Commission No. 77028 submitted by Bruce Ranney for I.D.S. Inc. subject to conditions. 13. RESOLUTION NO. 77 -158 Resolution accepting work (contracted by City) 14. ORDINANCE NO. 77 -11 An ordinance amending Chapter 19 of the City ordinances providing for the abatement of noisy parties 15. Motion by Councilman Britts, seconded by Councilman Lhotka to offer for first reading an ordinance amending Chapter 19 of the City Ordinances providing for the abatement of noise by deleting in Section 19 -1202 the "Noisy Parties" and replacing it with the words "Noise Abatement ". 16. A review of the Metropolitan Systems Statement relative to the 1976 Metropolitan Land Planning Act was discussed 17. Motion by Councilman Britts, seconded by Councilman Lhotka to direct the acting City Manager to prepare the necessary resolution outlining the concerns expressed during the discussion relative to the Metropolitan Systems Statement, 18. The Annual Financial Report was discussed. 19. Remodeling the entry to the P631ce Department was discussed.,.. August 8, 1977 (continued) 23. Budget Review Meetings °were discussed. 24. Motion by Councilman Britts, seconded by Councilman Lhotka to approve the licenses. 25. Motion by Councilman Kuefler, seconded by Councilman Fignar to adjourn the meeting at 11:15p.m. August 15, 1977 1. A special joint City Council, Advisory and Charter Commissions meeting was called to order by Mayor Philip Cohen at 7:30p.m. 2. The Open Meeting Law was discussed. 3. Local Comprehensive Planning was discussed. 4. The special joint City Council, Advisory, and Chapter Commissions meeting was adjourned by Mayor Cohen at 9:50p.m. August 17, 1977 1. A subcommittee of the Brooklyn Center City Council met in special session and was called to order at 8:07p.m. 2. The Deliberation of. Forum Forrhat was discussed: 3. The special City Council Subcommittee meeting adjourned at 8:55p.m. August 22, 197 1. The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30p.m. 2. Motion by Councilman Lhotka, seconded by Councilman Fignar to approve the minutes of the August 8, 1977 City Council meeting as submitted. 3. Motion by Councilman Kuefler, seconded by Councilman Lhotka to authorize reduction of a site performance bond posted by Benson -Orch for site improvements for the Hiawatha Rubber Company. 4. Motion by Councilman Britts, seconded by Councilman Kuefler to authorize reduction of a site performance bond posted by Dr. Robert Schell for site improvements for a dental clinic. 5. Motion by Councilman Fignar, seconded by Councilman Lhotka to authorize release of a subdivision financial guarantee for the Johnson - Branvold Addition. 6. Motion by Councilman Kuefler, seconded by Councilman Lhoka to authorize release of a subdivision financial guarantee for the Brand -Col Addition. 7. Motion by Councilman Fignar, seconded by Councilman Britts to approve the registered land survey for the property as comprehended by Planning Commission Application No. 77027. 8. RESOLUTION NO. 77 -159 Resolution providing for public hearing on proposed assessments on September 19, 1977 9. RESOLUTION NO. 77 -160 Resolution placing -on file and opening proposed assessments for public inspection 10. RESOLUTION NO. 77 -161 Resolution contesting portions of the June 23, 1977 Metropolitan.System Statement and initiating reconciliation procedures established by the A ugust 22, 1977 (continued) 13. Motion by Councilman Britts, seconded by Councilman Kuefler to approve the amendments to Planning Commission Application Nos. 76062 and 76066 submitted by Federal Lumber Company subject to conditions. 14. Motion by Councilman Fignar, seconded by Councilman Kuefler to approve Planning Commission Application No. 77033 submitted by Richard Rockstad subject to conditions. 15. Public Hearing on Application No. 77034 (variance) and 77035 (special use permit). 16. Motion by Councilman Kuefrter, seconded by Councilman Britts to table Planning Commission Application No. 77034 for further review by the Acting City Manager and the City Attorney. 17' Motion by Councilman Kuefler, seconded by Councilman Fignar to approve Planning Commission Application No. 77035 submitted by Richard Rockstad. 18. Public Hearing on Application No. 77022. 19. Motion by Councilman Britts, seconded by Councilman Fignar to table Planning Commission Application No. 77022 submitted by the L. W..'doel Company until September 12, 1977 for further review by the Acting City Manager and the City Attorney. 20. Motion by Councilman Fignar, seconded by Councilman Kuefler to approve Planning Commission Application No. 77023 submitted by Cepco,'Inc. subject to conditions. 21. Motion by Councilman Fignar, seconded by Councilman Kuefler to approve Planning Commission Application No. 77030 submitted by Cepco, Inc. subject to conditions. 22. Motion by Councilman Britts, seconded by Councilman Lhotka to approve Planning Commission Application No. 77041 submitted by Charles Boese subject to conditions. 23. Motion by Councilman Fignar, seconded by Councilman Lhotka to approve Planning Commission No. 77042 submitted by Mr`. Ronald Blake citing certain conditions. 24. RESOLUTION NO. 77 -162 Resolution establishing street surfacing improvement project no. 1977 -14 and ordering preparation of plans and specifications, 25. Motion by Councilman Britts. seconded by Councilman Lhotka to offer for first reading an ordinance amending Chapter 35 relative to minimum building separations in the R -1 and R -2 districts. 26. Motion by Councilman Britts, seconded by Councilman Fignar to offer for first reading an ordinance amending Chapter 19 of the City Ordinances relative to the detection and control of Dutch Elm Disease. 27. Motion by Councilman Kuefler, seconded by Councilman Britts to approve the licenses. 28. The FI -94 Noise Variance was discussed. 29. Open Forum Subcommitte Report. 30. Revenue Sharing Proposed Use Hearing was discussed. August 29, 1977 1. e Revenue Sharing Proposed Use Administrative Hearing was called to order by Acting City Manager James Merila at 1:40p.m. 2. Background Information given by Paul Holmlund, Director of Finance relating to Revenue Sharing. 3. The Revenue Sharing Proposed Use Administrative Hearing was adjourned at 2:45p.m. September 7, 1977 1. The Brooklyn Center City Council met in special session and was called to order by Mayor Philip Cohen at 7:40 p.m. 2. Management Consultant's Report on City Managers Search was discussed. 3. Motion by Councilman Lhotka, seconded by Councilman Fignar to adjourn the meeting at 9:37p.m. September 12, 1977 1. The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30p.m. 2. Motion by Councilman Fignar, seconded by Councilman Kuefler to approve the minutes of the August 15, 1977 joint City Council, Advisory and Charter Commissions meeting as submitted. 3. Motion by Councilman Kuefler and seconded by Councilman Lhotka to approve the minutes of the August 22, 1977 City Council meeting as submitted. 4. Motion by Councilman Lhotka seconded by Councilman Fignar to acknowledge receipt of the petition. and to direct the Acting City Manager to prepare a resolution commending the petition carriers and petition signers for thier efforts. (petition concerning installation of semaphores at pedestian crosswalks on T.H. 169) 5. RESOLUTION NO. 77 -163 Resolution requesting the Minnesota Department of Transportation to install traffic signals on T.H. 169 at 66th Avenue North and indicating the willingness of the City of Brooklyn Center to participate in the cost of signals 6. Citizens Traffic Safety Advisory Committee was discussed. 7. Motion by Councilman Kuefler, seconded by Councilman Britts to direct the Acting City Manager to research and further explore the possibility of establishing a citizens traffic safety advisory committee. 8. Motion by Councilman Britts, seconded by Councilman Lhotka to convene the 1978 budget hearing and to table the matter until later in the ,evening. 9. Motion by Councilman Kuefler� seconded by Councilman Fignar to adopt a resolution ordering construction of Alley Paving Improvement Project No. 1977 -13. 10. Following discussion, Councilman Kuefler withdrew his motion and Councilman Fignar hi second thereof. 11,. Motion by Councilman Kuefler, seconded by Councilman Fignar to continue the public hearing for Alley Paying Improvement Project No. 1977 -13 until October 24, 1977 and to inform the property owners affected by this project of the Council's alley paving policy and its rationale for favoring i F.l�nL -nn �l lnv nv. v. ..nnnv.nd -n �llnvr September 12, 1977 (continued) Motion by Councilman Lhotka, seconded by Councilman Britts -to table Planning Commission Application No. 77022 until the September 19, 1977 City Council meeting at the request of the applicant. 16. Motion by Councilman Britts, seconded by Councilman Lhotka to approve the final plat for Riverwood Townhomes which consists of a replatting of the Riverbrooke Townhouse Addition at 66th Avenue and Camden Drive. 17. Motion by Councilman Lhotka, seconded by Councilman Fignar to authorize the Mayor and Acting City Manager to enter into .a standard utility maintenance agreement for the Riverwood Townhomes. 18. Motion by Councilman Britts, seconded by Councilman Kuefler to approve the final plat for The Ponds. 19. RESOLUTION NO. 77 -164 Resolution authorizing the purchase of shade trees 20. RESOLUTION NO. 77 -165 Resolution designating hearing body relative to 'I initiation of reconciliation procedures established by the 1976 Metropolitan Land Planning Act 21. RESOLUTION NO. 77 -166 Resolution amending public hearing date for special assessments for diseased shade tree removal project no. 1977 -11. 22. RESOLUTION NO. 77 -167 Resolution adopting rezoning evaluation policy and review criteria 23. Review of Special Assessments was discussed. 24. ORDINANCE NO. 77 -12 An ordinance amending Chapter 19 of the City Ordinances providing for the abatement of noise 25. ORDINANCE NO. 77 -13 An ordinance amending Chapter 19 of the City Ordinances relative to the detection and control of Dutch Elm Disease 26. ORDINANCE NO. 77 -14 An ordinance amending Chapter 35 relative to minimum building separations in the R -1 and R -2 districts. 27. Motion by Councilman Lhoka, seconded by Councilman Fignar to approve the licenses. 28. The Ordinance Publishing Procedures were discussed. 29. The Open Forum Subcommittee Report was discussed. 30. Motion by Councilman Fignar, seconded Councilman Britts to establish October 3, 1977 as a date for taking public input on the possibility of instituting an open `forum concept for the City Council. 31. The Official Newspaper Report was discussed. 32. Motion by Councilman Kuefler, seconded by Councilman Lhotka to acknowledge receipt of Post Publications response to a City Council letter, to make that response, and to further discuss the Post Publi- cations comments at an upcoming City Council meeting. 33. Motion by Councilman Fignar, seconded by Councilman Lhotka to reconvene the 1978 budget hearing. September 15, 1977 1. The Brooklyn Center City Council met in special session and was called to order by Mayor Philip Cohen at 7:30p.m. 2. The 1978 Budget Hearing was reconvened. 3. Motion by Councilman Kuefler, seconded by Councilman Lhotka to adjourn the 1978 budget hearing until, Monday, September 19, 1977. The Brooklyn Center City Council adjourned at 10:37p.m. September 17, 1977 , 1. The Brooklyn Center City Council met in special session "and was called to order by Mayor Philip Cohen at 3:12p.m. G 2. Motion by Councilman Kuefler, seconded by Councilman Lhotka to offer Gerald G. Splinter the position of City Manager of the City of Brooklyn Center. 3. RESOLUTION NO. 77 -168 Resolution appointing Gerald G. Splinter as City Manager and setting forth conditions of employment 4. Motion by Councilman Britts, seconded by Councilman Lhotka to ad3ourn the meeting at 6:45p.m. September 19, 1977 1. The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30p.m. 2. Motion by Councilman Kuefler, seconded by Councilman Fignar to approve the minutes of the September 7, 1977 special City Council meeting as corrected. 3. Motion by Councilman Lhotka, seconded by Councilman Britts to approve the excerpts of the September 17, 1977 special City Council meeting as submitted. 4. RESOLUTION NO. 77 -169 Resolution expressing recognition of and appreciation for the dedicated public efforts of the T.H. 169 petitioners 5. RESOLUTION NO. 77 -170 Resolution authorizing the issuance of temporary improvement notes 6. RESOLUTION NO. 77 -171 Resolution establishing Trunk Water Main Improvement Project No. 1977 -15, Sanitary Sewer Improvement Project No. 1977 -17, and Curb and Gutter Improvement Project No. 1977 -18 ";and ordering preparation of plans and specifications 7. RESOLUTION NO. 77 -172 Resolution establishing Street Sur - facing Improvement Project No. 1977 -19 and Curb and Gutter Improvement Project No. 1977 -20 and ordering prepara ion of plans and specifications 8. RESOLUTION NO. 77 -173 Resolution establishing Sanitary Sewer Improvement Project No. 1977 -21 and ordering preparation of plans and specifications September 19, 1977 (cont.) 11. Motion by Councilman Fignar, seconded by Councilman Lhotka to close the public hearing on the assessment for street surfacing Improvement Project No. 1977 -6. 12. Motion by Councilman Fignar, seconded by Councilman Lhotka to close the public hearing on the assessment for Water Main Improvement Project No. 1977 -7`. 13. Motion by Councilman Lhotka, seconded by Councilman Kuefler to close the public hearing on the assessment for Sanitary Sewer Improvement Project No. 1977 -8. w 14. Motion by Councilman Lhotka, seconded by Councilman Kuefler to close the public hearing on the assessment for Water Main Improvement Project No. 1977 -1. 15. Motion by Councilman Britts, seconded by Councilman Fignar to close the public hearing on the assessment for Sanitary Sewer Improvement Project No. 1977 -2. 16. Motion by Councilman Fignar, seconded by Councilman Lhotka to close the public hearing on the assessment for Grading, Base, and Surfacing Improvement Project No. 1974-32. 17. Motion by Councilman Lhotka, seconded by Councilman Kuefler to close the public hearing on the assessment for Curb and Gutter Improvement Project No. 1974 -33. 18. Motion by Councilman Fignar, seconded: by Councilman Britts to close the public hearin 9 Y on the assessment for sanitary sewer hookup for The Ponds. 19. Motion by Councilman Kuefler, seconded by Councilman Lhotka to close the ub i ' p 1 c hearing on the assessment for water hookups. 20. RESOLUTION NO. 77 -174 Resolution confirming assessments for Water Main Improvement 1977 -1 and 1977 -7• and Sanitary P Sewer Improvement 1977 -2 1977 -5 and 1977 -8; and Street Surfacing Improvement 1974 -32; and Curb and Gutter Improvement 1974 -33; and public utilities water hookups and sanitary sewer hookups 21. RESOLUTION NO. 77 -175 Resolution approving plans and specifications for Sidewalk Improvement' Project No. 1977 -12 and Directing Advertisement for Bids (Contract 1974 -H). 22. RESOLUTION NO. 77 -176 Resolution requesting Hennepin County participation in Sidewalk Improvement Project No. 1977 -12 23. RESOLUTION NO. 77 -177 Resolution supporting the Hennepin County Park Reserve Districts effort to secure land and water conservation fund contingency reserves for the North Hennepin Trail Corridor 24. Motion by Councilman Fignar, seconded by Councilman Britts to approve Planning Commission Application No. 77047 submitted by September 19, 1977 (coat.) 27. Liquor License Fees were discussed. 28. Motion by Councilman Lhotka seconded by Councilman Kuefler to retain the present license fee as indicated in the 1978 proposed budget. 29. Motion by Councilman Fignar, seeonded.by Councilman Lhotka to approve the licenses. 30. Motion by Councilman Britts, seconded by Councilman Fignar to reconvene the Revenue Sharing hearing, 31. Motion by Councilman Fignar, seconded by Councilman Lhotka to adjourn the City Council meeting at 12:20p.m. September 21, 1977 1. The Brooklyn Center City Council met in special session and was called to order by Mayor Philip Cohen 'at 7:30p.m. 2. Mayor Cohen reconvened the Budget and Revenue Sharing hearings. 3. Motion by Councilman Fignar, seconded by Councilman Kuefler to direct the Acting City Manager to prepare an HRA budget' and the necessary resolutions for levying an HRA tax. 4. Motion by Councilman Lhotka, seconded by Councilman Kuefler to close the proposed use hearing for Revenue Sharing funds. 5. Motion by Councilman Fignar, seconded by Councilman Lhotka to direct the Acting City Manager to prepare the necessary resolutions for adoption of the 1978 budget to be presented for the City Council's consideration at the October 3, 1977 City Council meeting. 6. Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the budget hearing until October 3, 1977. The Brooklyn Center City Council adjourned at 1217a.m. I CITY MANAGER'S COMMENTS Page 2 Item 8 Authorize Execution of Agreements The Engineering Department recommends the execution of utility and inspection and maintenance agreements for the following: (1) With Sheehy Properties, _Inc. the owners of the property on which the Ground Round Restaurant is being constructed. (2) With Plitt North Central Theaters, Inc. The utilities providing service to the Ground Round Restaurant cross a portion of the theater property. for connect to the municipal sanitary sewer line north of County Road 10. The above agreements are standard utility inspection and maintenance agreements whereby the City is authorized to conduct periodic inspections of fire hydrants and valves on the subject property and do necessary repair, while being compensated for the cost of such services Disposition Item 9a We are requesting authorization to purchase or repair of a 150 horsepower electric motor for Well No. 7 located on Camden Avenue North between 70th and 72nd Avenues North. The purchase or repair of this electric motor for the. well is for an amount not to exceed $2,200 by Boustead Electric and Manufacturing Company. In conducting routine maintenance on the well the motor was discovered to be in need of repair and possible replacement. We will not know until they tear into the motor whether it can be repair or a new one must be purchased, and we are requesting authorization to proceed as described above. Disposition Item 9b Objecting to Consideration of Waste Water Restrictions & Limitations Enclosed in your agenda materials you will find a copy of a bulletin from the Association of Metropolitan Municipalities dated November 4, 1977 which we believe is self- explanatory. Attached to this bulletin is a suggested resolution and after review by our Engineering Department, Jim Merila recommends, and I concur, that the City Council pass the resolution supporting the Association of Metropolitan Municipalities` position. Consideration is being given by the Minnesota Pollution Control Agency of creating a moratorium for additional sanitary sewer hookups and an additional flow of sanitary sewage to the Metropolitan treatment plant because of failure of the Pollution Control Agency to extend the Metro- politan Waste Control Commission's operating permit beyond July ° 1, 1977 CITY MANAGER'S COMMENTS Page 3 0 Item 9b co n t , d The permit has not been extended because of Metro's noncompliance with the Environmental Protection Agency's restricted standards for discharge of sludge into the Mississippi River. Disposition Item 9c Ordering Construction of Improvement Project No. 1977 -19 & 9d Ordering Construction of Improvement Project No. 1977 -20 A public hearing is being held at 8 :00 for the reconstruction of Lyndale Avenue North from 59th Avenue North to a point north of 61st Avenue North. These resolutions should be acted on by the City Council if they look favorably on ordering the street improvement which involves paving and concrete curb and gutter for the above portion of Lyndale Avenue. An informational meeting was held at 7 :30 on Wednesday, November 9 in the City Council Chambers However, none of the affected property owners attended - the meeting with the exception of Councilman Lhotka . Disposition Item 9e Accepting Work for Street Paving Project No 1977 -14 The Engineering ,Department recommends the passage of a resolution accepting the street; paving project work for a project located on 52nd Avenue North from Drew Avenue easterly approximately 135 feet Jim Merila indicates the work has been satisfactorily completed by S & M Blacktop Company. Disposition Item 10 Public Hearing for Street Surfacing Improvement Project No. 1977. -19 and Curb and Gutter Improvement Project No. 1977 -20 (8 :00 p.m.). A public hearing for street and curb and gutter improvement on Lyndale from 59th Avenue North to a point north of 61st Avenue North. The hearing is scheduled for 8 :00 this evening Disposition Ai h�- CITY MANAGER'S COMMENTS Page 4 Item Ila Application No. 77037 submitted by Howe, Inc. This application was considered by the Planning Commission on August 25 and November 10, 1977. Disposition Item 1 l " Application No. 77038 submitted by Howe, Inc. This application was considered by the Planning Commission on August 25 and November 10, 1977. Disposition Item llc Application No. 77059 submitted by Dayton's This application was considered by the Planning Commission on November 10, 1977. i Disposition Item 11d Application No. 77060 submitted by Dayton's This application was considered by - the Planning Commission on November 10, 1977. Disposition Item lle Application No. 77064 submitted by Gene Hamilton This application was considered by the Planning Commission on November 10, 1977. Disposition CITY MANAGER'S COMMENTS Page S Item 12a Amending Chapter 11 This is a second reading on an ordinance amendment to update our ordinances with the State laws which reflect the 19 year old drinking age. (first reading 10/24/77, published 11/3/77.) Disposition Item 12b Amending Chapters 19 and 27 This is a second reading of a housekeeping amendment accepting ..Minnesota Statutes by reference relating to nuisances, petty offenses, and traffic regulations. (first reading 10 /24/77, published 11/3/77.) Disposition Item 12c Amending City Ordinances Relative to Misdemeanor Fines This is a second reading of an ordinance recognizing new State law • which allows misdemeanor maximum fines to raise from the current $300 level to - the maximum allowed by State law, which is $500. (first reading 10/24/77, published 11/3/77.) Disposition Item 12d Amending City Ordinances Regarding Various License Fees This is a first reading of an ordinance which amends various sections of the code to allow for increasing various license fees. You previously received a copy of a survey and recommendations regarding various" license fees with the Manager's Newsletter, and if these fees are to be implemented by January 1, 197e they will require your action at this meeting Disposition K CITY MANAGER'S COMMENTS Page 6' Item 13a Skating Rinks At its last meeting the City Council received a petition from residents and skating rink users in the Happy Hollow Park area requesting reconsideration of the City's action to close certain skating rinks for the 1977 -78 skating season. The Park and Recreation Commission at a special meeting reconsidered their earlier recommendation to the City Council which involved closing some of these skating rinks, and enclosed in your agenda materials is a copy of the minutes of their meeting. Basically their recommendation involves opening all the skating rinks' again and keeping the heat in the rinks to a minimum level. We'll provide you with more information at the meeting regarding the budget impact of opening the rinks. Also enclosed please find a copy of a memorandum indicating skating rink attendance figures and gas consumption data used by the Park and Recreation Commission in their analysis of the feasibility of closing certain skating rinks Disposition Item 13b Community Center Memberships and Admissions During your consideration of the 1978 budget you increased the revenue expected from the Community Center and requested the staff analyze the membership and admission fees, and make a recommendation for increases. The 1978 budget calls for an additional $20,000 in revenue from membership and general admissions fees in the Community Center, and the proposed fees contained in the memorandum from Paul Holmlund y to myself' dated November 1, 1977 will generate the budgeted additional $20,000 if adopted by the City Council. Disposition Item 13c City Attorney's Report on Possible Charter Conflicts This particular item was held over from your last meeting and in your agenda packet for that meeting was included a copy of the City Attorney's report on possible conflicts which might occur with the job description and compensation study for department heads Disposition CITY MANAGER'S COMMENTS Page 7 Item 13d Suburban Health Nursing Service Agreement Status This item was also deferred from your last meeting and we'll be prepared to discuss the matter at Monday night's meeting.' Disposition Item 13e Community Development Funds You'll find in your agenda packet two memorandums covering this item. The Council should thoroughly understand that if you choose to seek out Community Development Block Grant funds for August, 1978, action at this meeting authorizing the staff to proceed will be required Disposition Item 13f Open Forum This was another item which was deferred from the previous meeting. Disposition Item 13g Hennepin County Emergency Communications Included in your agenda materials is an October 28, 1977 communication I received` from Sheriff Omodt and others requesting Brooklyn Center to commit $3,500 to a county -wide engineering study of the areas' police fire and emergency communications system. We recommend your favorable consideration of this request by authorizing me by motion to commit Brooklyn Center to the study, and we would prepare a proper resolution for your sub- sequent consideration (transfer contingency to police department) . Unless this study is conducted jointly, each community will be "going it alone and the opportunity coordination would be lost. Disposition Member introduced the following resolution and moved its adoption: • RESOLUTION NO RESOLUTION AUTHORIZING THE PURCHASE OF REPAIR OF A 150 HP ELEOTRIC MOTOR 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 thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the purchase of rewinding and installing new bearings on a 150 hp pump motor and has determined that the quotation of Boustead Electric & Manufacturing Company in an amount not to exceed $2,200 is the best quotation submitted. 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 rewinding and installing new bearings on a 150 hp pump motor in an amount not to exceed $2,200 from Boustead Electric & Manufacturing Company. Date Mayor n ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote thereon the following voted in favor thereof: and the following against: whereupon said resolution was duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OBJECTING TO CONSIDERATION OF WASTEWATER RESTRICTIONS AND LIMITATIONS TO THE METROPOLITAN WASTEWATER TREATMENT PLANT AT PIG'S EYE LAKE. WHEREAS, on November 7, 1977, the City of Brooklyn Center learned through correspondence with the Association of Metropolitan Municipalities that as an issue in the National Pollution Discharge Elimination System and State Disposal Permits hearing (Docket No. PCA -78- 006 -EG) commenced ' November 2, 1977 for the metropolitan wastewater treatment plant located at 2400 Childs Road, St. Paul, Minnesota, 55104, near Pig's Eye Lake, a restriction or moratorium on additional wastewater materials to that plant from either new or existing connections was being considered; and WHEREAS, the NPDES permit hearing notice did not include as possible subject matter the above mentioned moratorium; and WHEREAS, all parties affected by such moratorium issue were not duly notified; and WHEREAS, learning of this matter through a private organization -does not constitute legal or proper notice; and • WHEREAS, the City of Brooklyn Center has not had proper and sufficient time to analyze the impact of such a moratorium; and WHEREAS, the City of Brooklyn Center has determined that there are obvious economic impactsincluding but not limited to substantial current public investment in stormwater, sanitary sewer, water and street utilities based on impending development assessments which would not be forthcoming that could cause bond default or severe taxing of the city's residents; and WHEREAS, the City of Brooklyn Center has determined that there are obvious social impact, including but not limited to the loss of necessary housing stock development and the loss of employment opportun- • ities for our citizens. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, as follows; 1. The City of Brooklyn Center strongly objects to the consider- ation of waste inflow moratorium in the current NPDES permit hearings for the metropolitan waste control plant located at Pig's Eye Lake in St. Paul, Minnesota. RESOLUTION LD . 2. This objections is based on legal, economic, and social grounds which the city has not yet had time to fully explore and present at the said hearings. 3. The City of Brooklyn Center requests that the Hearing Examiner accepts and places in the record this Resolution as formal objection to the consideration of the moratorium issue. 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. ,3 The 'Mayor announced that the meeting was open for the con - • sideration of proposed Street Surfacing Improvement Project 1977 -19. 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 November 10, 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•hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: RESOLUTION) NO. RESOLUTION ORDERING STREET SURFACING IMPROVEMENT_ PROJECT NO. 1977 -19 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 improvement shall be constructed: • Project No. 1977 -19 On Lyndale Avenue North from the centerline of 59th Avenue North to 185 feet north of the centerline of 61st Avenue North. The estimated cost is $75,000.00 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 Curb & Gutter Improvement Project No. 1977 -20. 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 November 10, 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 hearing and considering all objections, and the property owners appearing in favor of said improvement, member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ORDERING CURB & GUTTER IMPROVEMENT PROJECT NO,. 1977 -20 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; improvement shall be constructed: • Project No. 1977 -2 On Lyndale Avenue North from the centerline of 59th Avenue North to the centerline of 62nd Avenue North. The estimated cost is $19,000.00. ate 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, S & M Blacktop` Company has satisfactorily completed the following improvement in accordance with said contract: Street Grading, Base & Surfacing Improvement Project No. 1977 -14 52nd Avenue North from Drew Avenue to the east approximately 135 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 $206.22 because of an overestimation in aggregate base and bituminous 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 $1,680,28. 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. q t Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING QUOTATION FOR HANDICAP DOWN RAMP FOR CEAP BUILDING. 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 thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the _ construction of a handicap down ramp and has determined that the quotation of Magney Construction Co. in the amount of $,2,900 for the construction of a handicap down ramp for the CEAP Building is the best quotation submitted. 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 construction of a handicap.down ramp in the amount of $2,900 from the Magney Construction Company. Date Mayor ATTEST: ter 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 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: 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 Ue 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 11 -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 19 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- cating 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 i purchase or procure or obtain intoxicating liquor. 4 Any person who > may 'appear 'to the licensee, his employees or agents LJ to be under the age of [181 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. 5. 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 tTiereto, 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 F 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 enti i.cation 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- seeding 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. S r i 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 of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • 4 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. I Section 19 -402. DANGEROUS WEAPONS 1 . "Dangerous weapon" means any firearm, airgun or pellet gun, whether loaded 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, 19631 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 ORDINANCE N0. 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 violation are hereby amended to prescribe a maximum fine of $500 or imprisonment for 90 days or both: P Y 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. Secti 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. � g Q 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 ox ca Ong 1quor. Section 11 -514, an ordinance relating to the licensing and regulating of the use an sae of intoxicating liquor. 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 -114 an ordinance relating to parks and recreation regulations. Section 13 -202 an ordinance relating unlawful use of ark I t nla s and • recreation facilities-. g P 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 beverages 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 of ensive 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. Section 19 -307 an ordinance relating to curfew. Section 19 -404, an ordinance relating to firearms, fireworks and other dHiigerous div ices in the City. Section 19 -502 an ordinance prohibiting destruction or theft of City property. Section 19- 641.2, an ordinance prohibiting the issuance of worth- less c eC s. p . 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 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 f g g p 1 g or 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 2S -304, an ordinance relating to weight limits on streets and highways. Section 27 -101, an ordinance regulating motor vehicles and other conveyances within the City. 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 snowmobiles. Section 31 -250 an ordinance relating to the Civil Defense code. Section 34 -210 an ordinance relating to- signs. Section 19 -702, an ordinance prohibiting door to door solicitation' • 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- 110.4 -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 relating to the ,public nuisances and petty offenses P Y es code. • Section 19 -1126 an ordinance regulating the possession and purchase g g P P 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, breathing 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 19- 1307 an ordinance regulating the operating, park-ng, 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. Section 19 -1604 an ordinance providing for the control of noxious weeds. Section 21 -111 an ordinance relating to the public transportation code Section 23- 012,02 an ordinance establishing general licensing regulations. 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. Adopted this day of 197`7. Mayor ATTEST Clerk Date Published Effective Date A CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING THE CITY ORDINANCES OF BROOKLYN CENTER REGARDING VARIOUS LICENSE FEES 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 8 -103. LICENSE FEES. 8- 103.01. License Fees Fees for licenses issued hereunder shall be as follows: A. Bakery food vehicle: $[15.00] 25.00 per annum for each vehicle. B. Catering food vehicle: $[50.00] 100.00 per annum, plus $10.00 per annum for each additional vehicle. C. Food establishment: $[25.00] 100.00 per annum, plus $[5.00] 10.00 per annum for each additional facility on the same premises D. Itinerant food establishment $[10.001 25.00 for the first day's operation, plus $[1.001 10.00 for each additional day of operation in a continuous period. E. Readily- perishable food vehicle: $ [5.00] 30.00 per annum . F. Readily - perishable food vehicle, fleet license: $ [25.00] 150.00 per annum. G. Vending Machine - Vendor 1. Bulk Vendor - [Ten] Twenty -five dollars per annum for operators of machines which vend gumballs, nuts, panned candies, etc. in I un P ackaged form. 2 Nonperishable Vendor . [Five] Ei ht dollars per annum for operators of machines which vend nonperishable products in a sealed container P wrapped package, or open cup. 3. Perishable or Readily Perishable Vendors [Fifteen] Twenty dollars per annum for operators of machines which vend perishable or readily perishable products 4. Combination Nonperishable - Perishable Vendor [Twenty] Twenty -eight dollars per annum for operators of perishable and nonperishable product machines. 5 Machine Location Permits - In addition to the vendor license fees required herein, each licensed vending machine operator shall obtain a permit for each vending machine location at which he operates vending machines within the City. The fee for such permits shall be In accord with the following schedule ORDINANCE NO. For each machine location: a. $[1.00] 4.00 for each machine vending bottled or canned soft drinks, prepackaged confections and similar dry, nonperishable items, or for each machine which manufactures and or vends packaged or unpackaged ice [, up to a maximum of $5.001 b. $[1.50] 7.00 for each machine vending perishable or readily- perishable food [, up to a maximum of $12.00; provided, however, that in no case shall the combined permit fees for categories (a) and (b) exceed .$15.00 for any one location] . As employed herein, the term "vending machine location" shall mean the room, enclosure, space, or area where one or more vending machines are installed and operated. H. Special food- handling license: $[5.00] 30.00 per annum. Section 11 -104. LICENSE FEES. Subdivision 3. The annual fee for an "on- sale" license [shall be two hundred fifty dollars ($250) . The annual fee for an "off -sale" license [shall be thirty- five dollars ($35).1 and the daily fee for a "temporary on- sale" license shall be [ten dollars ($10) .] as set forth in Section 23 -010 of the City Ordinances Section 23- 201.01. LICENSE REQUIRED. No person shall own or keep any pool, billiard or bumper pool table that is used by the public or for which a charge is made for the use thereof within the limits of the City of Brooklyn Center, Minnesota, without first obtaining from the City Council of said City a license therefor. [There shall be an annual license fee of five ($5.00) dollars per table payable on or before the beginning of each calendar year.] The annual license fee for a pool, billiard or bumper pool table shall be as set forth in Section 23 -010 of the City Ordinances. y Section 23-209.04. LICENSE FEE. The annual fee [for such license shall be five dollars ($5.00)] for each bowling alley or lane located in the property described in the application shall be as set forth in Section 23 -010 of the City Ordinances. Section 23 -301. LICENSE REQUIRED. No person shall conduct or permit public dancing in any public establishment within which intoxicating liquor or nonintoxica ting malt liquor is licensed to be sold or consumed unless a public dance license shall have been issued by the City Council. Licenses shall be issued for one(1) year periods expiring December 31. The annual fee for a public dance license shall . be [$25.00] as set forth in Section 23 -010 of the City Ordinances ORDINANCE NO, ; �+ Section 23 -404. LICENSE FEE. The annual fee for each filling station license shall be as set forth in Section 23 -010 of the City Ordinances [five dollars ($5) for one pump plus three dollars ($3) for each additional pump) and shall be paid to the clerk with the application for the license. The annual fee for the storage of such liquids as described in Section 23 -401 including the selling and dispensing the same by any other method than by pumps, shall also be [five dollars ($5) .] as set forth in Section 23 -010 of the City Ordinances. Section 23 -901 (d) If the application be granted, an additional license fee [of seven dollars ($7)] as set forth in Section 23 -010 of the City Ordinances shall be paid to the City of Brooklyn Center for each bench, at the time the license is issued. Section 23 -1302 APPLICATION. The application for license for selling Christmas trees shall be made to the City Clerk and shall be accompanied by a seasonal fee [of $151 as set forth in Section 23 -010 of the City Ordinances. The license will expire on January 5 of the year following its issuance A separate license shall be required for each place of sale. Section 23- 1500. MECHANICAL CONTRACTORS LICENSE REQUIRED. No person shall install, alter, reconstruct, or repair any portion of a building` mechanical system consisting of heating, ventilating, comfort cooling, or refrigeration equipment in- cluding any gas piping incidental thereto, without first having procured a license therefor from the City of Brooklyn Center. Licenses shall be issued only to individuals or contractors who demonstrate an understanding of the ,laws and regulations and techniques relating to the installation and maintenance of building mechanical systems. The annual license fee [is hereby established at $251 shall be as set forth in Section 23 -010 of the City Ordinances. Licenses shall expire on the last day of April each year. Section 23-1501 HOUSE MOVING CONTRACTORS LICENSE REQUIRED. No person shall move, remove, or raze any building within Brooklyn Center without first having procured a license therefor from the City of Brooklyn Center. Licenses shall be issued only to individuals or contractors who demonstrate qualifications and knowledge regarding such work and who can furnish proof of insurance relating to such work. The annual license fee [is hereby established at $251 shall be as set forth in Section 23 -010 of the City Ordinances Licenses shall expire on the la day of April each year. Section 34 -160. SIGN HANGER'S LICENSE 2. The [applicant] fee fora sign hanger's license shall [pay a $35 license feel be as set forth in Section 23 -010 of the City Ordinances and the license shall run from May 1 to April 30 of the following year. Section 23 -010. LICENSE FEES. The fees for the various - licenses shall be as hereinafter stated, not withstanding other ordinance provisions regarding the specific fee: Fee, (annual, un- • less otherwise Type of License Required by Section License Expires stated) Mechanicial System 23 -1500 April 30 $ [25.00] 36.00 Housemoving 23 -1501 April 30 [25.00] 36.00 Sign Hanger's License 34 -160.2 April 30 [35.00] 40.00 Indoor Swimming Pool (privately owned) 7 -201 April 30 (75.00] 135.00 Outdoor Swimming Pool (privately owned) 7 -201 April 30 [35.00] 75.00 J Garbage and /or Rubbish Collection 7 -103 June 30 [10.00 /vehicle] 25.00 /company 15.00 /vehicle Courtesy Bench 23 -901 Dec. 31 [7.00] 12.00 • Bowling Alley 23- 209.01 Dec. 31 [5.00] 10.00 /alle Public Dance License 23 -301 Dec. 31 [25.00] 100.00 Christmas Tree Sales 23 -1301 Special [15.00] 30.00 On Sale Malt 11 -102, Sub. 1 Dec. 31 [250.00] 300.00 Pool & Billiards 23 -201 Dec. 31 [5.00] 25.00 /tabs. Service Station 23 -402 Dec. 31 First Pump [5.00] 40.00 Each Additional Pump [3.00] 5.00 Bakery Food Vehicle 8- 101.01 Feb. 15 [15.00] 25.00 /veh- icle Catering Food Vehicle 8- 101.01 Feb. 15 First Vehicle [50.00] 100.00 Each Additional Vehicle 10.00 Food Establishment 8- 101.01- Feb. 15 ` Basic License - , , (25.001 100.00 Each Added Facility [5.00] 10.00 Section 23 -010 (continued) Fee, (annual, un- less otherwise Type of License Required by Section License, Expired stated) Itinerant'Food Establishment 8- 101.01 Special First Day [10.00] 25.00 Each Additional Day [1.001 10.00 Readily Perishable Food Vehicle 8- 101.01 Feb. 15 [5.001 30.00' Readily Perishable Food Fleet 8- 101.03 Feb. 15 [25.001 150.00 Vending Machine - Vendor 8- 101.01 Feb. 15 Bulk Vendor [10.001 25.00 Nonperishable Vendor [5.001 8.00 plu. [$11 4.00 per mach- ine location Perishable or Readily Perishable Vendor [15.001 20.00 pluw [$1.501 7.00 per machine location . Combination Perishable - Nonperishable Vendor [20.00) 28.00 plu_ appropriate fee for each machine locate Special Food Handling 8-101.04 Feb. 15 [5.001 30.00 Section 2 This ordinance shall become effective after adoption and.upon thirty (30) days following its legal publication. Adopted this day of 1077. 1 Mayor ATTEST: Clerk Date Published Effective Date ( Brackets indicate matter to be deleted, underline indicates new matter.) Licenses to be approved by the City Council on November 14, 1977 BINGO LICENSE 0 b Watson 7808 Newton Ave. No. St. Alphonsus- Church Men's Club 7025 Halifax -�� City Clerk c h CHRISTMAS TREE .SALES LICENSE Nelson's Trees Inc. Zimmerman, MN Brookdale Garden Center Brookdale Shopping Center !Z1lhG? n City Clerk CIGARETTE LICENSE The Ground Round Restaurant 2545 County Road 10 City Clerk FOOD ESTABLISHMENT LICENSE The Ground Round Restaurant 2545 County Road 10 Zantigo Mexican - American Rest, 750 Decatur Ave. No. tJ Sanitarian %s GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bautch Disposal Service 2931 Marshall St. N. E. _� hlid Sanitarian QUSEM LI CENSE 1 dger Movers, Inca 3550 Grimes Ave. No. Building Inspector NONPERISHABLE VENDING MACHINE LICENSE Hames Vending, Inc. 1015 South 6th Street Schmitt Music Center 2400 Freeway Blvd. Sanitarian c.�-