HomeMy WebLinkAbout1964 10-19 CCM Special Session 47
ivtinutes of the Proceedings of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
,�. Minnesota
October 19, 1964
The Village Council met in special session and was called to order
at 7:30 P. lvi. by 1sdayor Cordon Erickson.
Roll Call: Present were Mayor Cordon Erickson, Phil Cohen and Howard
Heck. Clerk Henry Dorff and john Leary were absent.
The Mayor directed Mr. Hadd to record the minutes in the absense of
the Village Clerk.
Mr. Bremer gave the invocation.
Motion by Howard Heck and seconded by Phil Cohen to approve the
minutes of
the Council meeting held October 13 1964. i
Mot on carried
unanimously.
Motion by Phil Cohen and seconded by Howard Heck to approve the
Preliminary Plat of Northland Estates, 3rd Addition submitted by flomedale
Builders. Motion carried unanimously.
John Leary arrived at the meeting at 7 :40 P. M.
Member Phil Cohen introduced the following resolution and moved
its adoption:
RESOLUTION APPROVING PLANS AT SPECIFICATIONS
FOR BROOIQYN CENTER PUBLIC LIBRARY
BE IT RESOLVED by the Village Council of the Village of Brooklyn Center
Minnesota, as follows:
1. The plans and specifications for the Brooklyn Center Public Library
prepared by Cerny & Associates Architects are hereby approved and ordered
filed with the Clerk.
2•« The Clerk shall advertise for bids for such improvement by
Publication at least once in the official newspaper and in the construction
Bulletin, the date of first publication not less than 3 weeks 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 Clerk in the amount of not less than
five percent of the bid.
3. Bid date is set for November 12, 1964 at 2 :00 o'clock P. 1\/j.
4. The Village Administrator and Village Engineer shall be authorized
to open and tabulate the bids.
The motion' for the adoption of the foregoing resolution was duly seconded
by member John Leary, and upon vote being taken thereon the fallowing
voted in favor thereof: Gordon Erickson, john Leary, Howard Heck and
Phil Cohen and the following voted against the same None; whereupon
said resolution was declared duly passed and adopted.
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49
The Mayor announced that the meeting was open for the consideration
of proposed Street Surfacing Improvement Ho. 1964 -46,
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 October 14, 1964,
which affidavit was examined and found satisfactory 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 Howard Heck introduced the following
-resolution and moved its adoption:
RESOLUTION ORDERI14G CONSTRUCTION OF
STREET SURFACING IMpROVE NO. 1964 -46
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center Minnesota, as follows:
1. It is hereby determined that it is necessary and for the best
interests of the Village and the owners of property specially benefitted thereby,
that the following improvement shall be constructed:
Street Surfacing Improvement No. 1964 -46
20 The improvement shall be constructed in accordance with the
plans and specifications prepared by the Village Engineer.
The motion for the adoption of the foregoing resolution was duly seconded by
member John Leary, and upon vote being taken thereon, the following voted
in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen and john Leary
and the following voted against the same: !Tone; Whereupon said resolution
was declared duly Passed and adopted.
The Mayor announced that the meeting was open for the consideration
of the Proposed Street Surfacing Improvement No, 1964 -49,
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 October 14, 1964,
which affidavit was examined and found satisfactory 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 Phil Cohen introduced the following resolution
and moved its adoption;
RESOLUTION ORDERIITC- CONSTRUCTION OF
STREET SURFACING IiiIPROVEAliENT NO 1964-49
BE IT RESOLVED by the Village Council of the Village of Brooklyn. Center,
Minnesota, as follows:
I. It is hereby determined that it is necessary and for the best
Interests of the Village and the owners of property specially benefitted
thereby, that the following improvement shall be constructed:
Street Surfacing Improvement 1964 -49
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2. The improvement shall be constructed in accordance with the
plans and specifications prepared by the Village Engineer.
The motion for the adoption of the foregoing resolution was duly seconded
by member Howard Heck,, and upon vote being taken thereon the following
voted in favor thereof: Gordon Erickson, Froward Heck, Phil Cohen, and
John Lary and the following voted against the same: None; whereupon said
resolution was declared duly passed and adopted.
Member John Leary in*xiucW following resolution and moved its
adoption:
RESOLUTION
IATHEREAS, this community has received a notice, dated October 1,1964,
giving notice of a hearing on a k , pn a 00Mprehens1ve sewage works plan for
the Minneapolis -St. Paul metropolitan area as required by Laws of 1963, Chapter
882, and
WHEREAS, such hearing is to commence on November 4, 1964 at 10 :00
o'clock A. M. , and
WHEREAS the report or reports on file, on which such hearing is to be
held, do not contain all of the necessary engineertrsg and financial information
which will permit this municipality to express a well- informed reaction to such
report or reports. and
`!±rHEREAS, it is the hope and expectation of this community that the
early part of such hearings will be devoted to the providing of additional
Information and the answering of questions concerning such report or reports so
that additional, necessary information will be available to this municipality,
and
WHEREAS, after receiving such additional information, it will be
necessary r this municipality to con with
�'Y pa nsu t its en gineering, legal and
ty
� gr �
financial advisors
in order to develop its recommendations concerning such
report or reports, and
WHEREAS, only after such consultation will this municipality be able
to give the Water Pollution Control Commission of the State of Minnesota
its final reaction to such reports,
NOW.. THEREFORE, BE IT RESOLVED By the Village Council of the
Village of Brooklyn Center, as follows:
It is hereby respectfully requested that the Water Pollution Control
Commission, at its hearing commencing lNovember 4, 1964, adopt the
following procedure:
1. It is requested that the first part of the hearing be devoted to the
explanation of the proposed report or reports, on the part of those parties
who have formulated such report or reports.
2. It is requested that the hearing then be recessed for such interval
of time as the Vrater Pollution Control Commission deems appropriate, to permit
this municipality, and other municipalities similarly situated, to evaluate the
information supplied up to that point.
3. It is requested that after such recess, this municipality, and others
similarly situated, be permitted to express their positions concerning the
contents of such report or reports.
4. It is requested that the person or persons who formulated such
report or reports be available at all times during such hearings to respond to
questions concerning the contents thereof, and such other matters related thereto,
as may be within their knowledge,
53
The motion for the adoption of the foregoing resolution was duly seconded
by member Phil Cohen, and upon vote being taken therm the fallowing voted
In favor thereof: Gordon Erickson,, Howard Heck, Phil Cohen and John Leary
and the following voted against the same: None; whereupon said resolution
was declared duly passed and adopted.
The Mayor announced that the meeting was open for the consideration
of proposed Street Surfacing Improvement No. 1964 -51.
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 October 14, 1964,
which affidavit was examined and found satisfactory 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 ll objections,, g j coons, and the roe owners a in
P P favor
ttY appearing of
said Improvement,,
member John Leary introduced the following resolution and.
moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
STREET_SURFACING IMPROVEi NO., 1964,_ 51
BE IT RESOLVED by the Village Council of the Village of Brooklyn Center,
Minnesota, as follows:
1. It is hereby determined that it is necessary and for the best
interests of the Village and the owners of property specially benefitted thereby,
that the following improvement shall be constructed:
Street Surfacing Improvement No. 1964 --51
2. The improvement shall be constructed in accordance with the plans
and specifications prepared by the Village Engineer.
The motion for the adoption of the foregoing resolution was duly seconded
by member Howard Heck, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen and
John Leary and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted,
The Mayor announced that the meeting was open for the consideration
of the proposed Street Surfacing improvement No. 1964 -54.
The Clerk produced an affidavit of publication of notice of hearing
on the proposed improvement showing two weeks publication thereof in the
Official newspaper of the Village, the last publication being on October 14,
1964, which affidavit was examined and found satisfactory and ordered
placed on file.
The Mayor then y he called upon all property owners present to present
arguments either for or against the imposed improvement.: After hearing and
considering all objections, and the property owners appearing in favor of
said improvement, member Howard, Heck introduced the following resolution and
moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
STREET SURFACING IMPROVE! , EKJ NO 1964 -54
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota,, as follows:
1. It is hereby determined that it is necessary and for the best interests
of the Village and the owners of property specially benefitted thereby,, that the
following improvement shall be constructed:
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Street Surfacing Improvement No. 1964 -54
2. The improvement shall be constructed in accordance with the
plans and specifications prepared by the Village Engineer,
The motion for the adoption of the foregoing resolution was duly seconded
by member Phil Cohen, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, john Leary, Howard Heck and
Phil Cohen and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
1 &. Brill, representing Mr. Richard Ernst, discussed with the Council
the problems related to the installation of sanitary sewer in the proposed Twin
Lake Oaks Addition.
It was indicated to the Village Attorney that the consensus of opinion
on the Council supported the view that the criminal proceedings against
Richard Ernst for violation of the Building Code should be continued..
Motion by Phil Cohen and seconded by john Leary to uphold the
recommendation of the Planning Commission and deny the request advanced
in application #64075 submitted by Bruce Morrow for a variance to Section
35-401 of the Village ordinances for the following reasons:
1. To permit a utility building in the front yard would establish a
Precedent which would make it difficult to maintain the desired
open front yard areas in residential districts.
2. The denial of the petition would not create any undue hardship
on the owner as he does have sufficient lot area to comply with
the zoning requirements without the variance.
Motion carried unanimously.
Member Phil Cohen introduced the following resolution and moved
its adoption:
RESOLUTION PROVIDING FOR A PUBLIC HEARING FOR THE VACATION
OF NORTH I=C DRIVE FROM LOGAN AVENUE NORTH TO THE
CENTER LINE OF MORGAN AVENUE INORTH
WHEREAS, the Futterman Corporation has petitioned that the portion
Of North Lilac Drive lying between Logan Avenue North and the centerline
of Morgan Avenue North be vacated ,and
WHEREAS # the Futterman Corporation owns all of the land abutting
North Lilac Drive between Logan Avenue i1orth and the centerline of Vorgan
Avenue North south of State Highwy #100.
BE IT THEREFORE RESOLVED that a public hearing shall be held at
the Village Hall of the Village of Brooklyn Center on Monday the 9th day of
November 1964 at 8 :00 P. M. to hear objections, if any, to the vacation
of the above described road, and the Clerk shall publish notice of the time
and Place of hearing by two weeks` publication in the official newspaper of
the Village.
The motion for the adoption of the foregoing resolution was duly seconded
by member Howard Heck, and upon vote being taken thereon the following
voted in favor thereof: Cordon Erickson, John Leary:, Herd Heck and
Phil Cohen and the following voted against the same; None; whereupon
said resolution was declared duly passed and adopted.
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57
Motion by John Leary and seconded by Phil Cohen to authorize
the Administrator to take bids for the purchase of two police cars and a
four ton truck with snow plow said bids to be opened by the Administrator
and Village Engineer on November 9, 1964 at 2 :00 P. M. Motion carried
unanimously.
Member Howard Fleck Introduced the following resold ion and moved
its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
PROPOSED SANITARY SEWER Ir "PROVEMENT NO*„ 196
WHEREAS, it is proposed that there be constructed an improvement
consisting of the following:
Sanitary Sewer in Washburn Avenue from 59th Avenue to a point
193' south of Washburn Avenue; 193 south of 59th Avenue from
Washburn Avenue to Xerxes Avenue; and Xerxes Avenue from
193' south of 59th Avenue to a point approximately 640' south
WHEREAS, the Village Engineer has made a preliminary report
advising that said proposed improvement is feasible and that it can be
constructed at an estimated cost of $18,996.15.
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the
Village of Brooklyn Center Minnesota, as follows:
1. The Council proposes to proceed under authority granted by
Chapter 398, Laws of Minnesota, 1953, as amended.
2. A public hearing on the proposed improvement shall be held
at the Village Hall in the Village on Monday, the 2nd day of November,
1964, at 8 :00 o'clock P.M., and the ClerI; shall publish notice of the
time and place of hearing by two weeks publication in the official newspaper
of the Village.
follows; 3. The area proposed to be assessed for said improvement is as
AN AREA BOUNDED BY XERXES AVENUE, COUNTY ROAD #10 VIjTCENT
AVENUE E1`, NDED, AND THE SOUTH LINE OF HIPS 4TH ADDITION
4. This proposed improvement shall be designated Sanitary Sewer
Improvement No 1964-58.
The motion for the adoption of the foregoing resolution was duly seconded
by member John Leary, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, john Leary, Howard Heck and
Phil Cohen and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
Member john Leary introduced the following resolution and moved its
adoption:
RESOLUr ION APPROVING PLANS A1 1D SPECIFICATIONS
FOR SANITARY SEWER IMPROVEi:.XNT 1TO. 1964 -58 AND
DL'IECTING AD_VZg E1�/XjTT FOR BIDS
BE IT RESOLVED by the Village Council of the Village of Brooklyn
Center, Minnesota, as follows:
1. The plans and specifications for the following
e Engineer are hereby a improvement,
prepared by the Villa
g Y pproved and ordered filed
with the Clerk.
Sanitary Sewer Improvement No. 1964 --58
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09
2. The Clerk shall advertise for bias for such improvement by
Publication at least once in the official newspaper and in the Construction
Bulletin, the date of first publication not less than 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 Clerk in the
amount of not less than five per cent of the bid.
3. Bid date is set for November 2, 1964, at 10:00 o'clock P. M.
4. The Village Administrator and Village Engineer shall be authorized
to open and tabulate the bids.
The motion for the adoption of the foregoing resolution was duly seconded
by member Howard Heck= and upon vote being taken thereon, the following
voted in favor thereof; Gordon Erickson, Howard Heck, Phil Cohen and
John Leary and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
Member john Leary introduced the following ordln6hce and moved
its adoption;
ORDI - NANCE AMBNDIIIG SECTION 19 -402
OF THE VILLAGE ORDINANCES
The Village Council of the Village of Brooklyn Center do ordain as
follows;
911on I t Section 19 -402 of the Village Ordinances is hereby amended
to include the following language:
"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..
So that the whole of the ordinance shall read as follows:
L "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 Vest 1963) Laws of ....;
of 1963, Chapter 753 is hereby adopted by reference and shall
have the same force and effect as though set out at length herein.
Suction 2. This ordinance shall be effective from and after its
publication.
The motion for the adoption of the foregoing Ordinance was duly seconded
by member Howard Heck, and upon vote being taken thereon, the following
voted in favor thereof: Cordon Erickson, john Leary, Phil Cohen and Howard
Heck and the following voted against the same: None; whereupon said Ortituance
was declared duly passed and adopted.
Motion by Phil Cohen andseconded by john Leary to appoint i.Jchael
McPhillips as a rodman at the salary of $2.20 per hour. Motion carried
unanimously.
Motion by john Leary and seconded by Howard Heck to accept the
resignation of M- McPhillips, Motion carried unanimously.,:
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Notion by HOWard Heck and seconded by Phil Cohen to authorize the 61
Administrator to negotiate the sale of obsolete voting booths IiOw owned by the
Village. Motion carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck t adjourn. Motion
carried unanimously. The Village Council adjourned at 10;50 P, iIV .
Mayor
lerk
I
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