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HomeMy WebLinkAbout1965 12-13 CCM Regular Session 251 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota December 13, 1965 The Village Council met in regular session and was called to order by Mayor Gordon Erickson at 7 :30 P. M. Roll Call: Present were Mayor Gordon Erickson, Phil Cohen, Earl Simons and Howard Heck. Also present were A. J. Lee, D. G. Poss, T. L, Hadd, P. W. Holmlund, T. L. Willard, M. R. Hyde and Chief O' Hehir. Reverend Zart of Harron Methodist Church offered the invocation. Motion by Howard Heck and seconded by Phil Cohen to approve the minutes of the December 6_, 1.965 Council Meeting as recorded. Motion carried unanimously. Member Phil Cohen introduced the following 'Ordinance Amendment and moved its adoption, and further moved that for the purposes of the minutes of the proceedings of the Village Council, the text of the ordinance shall be attached to the minutes and be a part thereof: `AN ORDINANCE ESTABLISHING GENERAL LICENSING REGULATIONS AND AMENDING CHAPTER 23 OF THE VILLAGE ORDINANCES The motion for the adoption of the foregoing ordinance amendment was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons, and Howard Heck, and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Howard Heck and seconded by Earl Simons to accept the recommendation of the Village Administrator and Chief of Police and make the following in- service appointments, effective' January 1, 1966: Lawrence Goga from Patrolman to Detective (Probationary) Robert Leonard from Lieutenant (Probationary) to Lieutenant (Permanent); James Lindsay from Lieutenant (Probationary) to Lieutenant (Permanent David Lindgren from Lieutenant ( Probationary) to Lieutenant (Permanent) Raymond Beach from 'Sergeant (Probationary) to Sergeant (Permanent) Kenneth Jones from Sergeant (Probationary) to Sergeant (Permanent) Motion carried unanimously. Motion by -Phil Cohen and seconded by Howard Heck to accept the recommendation. of the Village Administrator and Chief of Police and appoint Donald Spehn and Scott Kline as patrolmen (probationary) effective January 17, _ Motion carried unanimously -. Motion by Earl Simons anti: s000nded by Phil Cohen to accept the recommendation of the Administrator and Director of Parks and Recreation -and appoint as temporary employees, the following persons to the positions and at the salaries listed, such appointments to be effective December 13, 1965 and to expire on February 28, 1966: NX PO ITION RA Shirley Swenson Trimnastics & Girls Gym Instr. $ 4.00 /hr. Louis Mettico Boy's Basketball Supervisor 4.00 /hr. James Knuckey Hockey Supervisor 5.00/ u,. Edward Jennrich Rink Attendant 1.50 /hr. Juell Waldren ;Rink Attendant 1.50/hr. Arthur Baardson Rink Attendant 1.50/hr. Carl Johnson Rink Attendant 1.50/hr. Elmer Peterson Rink Attendant 1.50 /hr. _ 1- (continued) 2 t3 POS ZIP N RATE Philip Wagner Rink Attendant $ 1.50 /hr Paul Lorvick Rink Attendant 150'hr. Carl Swing Rink Attendant 1.50 /hr. Laura Emholtz Rink Attendant 1.50 /hr. Patrick Fox Rink Attendant 1.50/hr Motion carried unanimously. Motion by Howard Heck;.and seconded by Earl Simons to accept the recommendation of the Administrator and appoint Mrs. Janet Fournier as temporary receptionist at a salery of $1.67 per hour, effective December 13, 1965. Motion carried unanimously. Trustee john Leary entered the meeting at 7 :50 P. M. Motion by Phil Cohen and seconded by Earl Simons to approve the request of the Fire Department Relief Association and authorize the Association to invest the sum of $38,640.60 in General Obligation Bonds of Hill County Montana, at a net interest rate of 5%. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION , NO. 65 -238 RESOLUTION AMENDING THE 1965 GENERAL FUND BUDGET 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,: Phil Cohen, John Leary, Earl Simons, and Howard Heck, and the following voted against the same: none, whereupon said ution was declared duly passed and adopted. Member Howard > Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -239 RESOLUTION TO REQUEST ENGINEERING AND TECHNICAL SERVICES DURING THE YEAR 1966 FROM MINNESOTA DEPARTMENT OF HIGHWAYS The motion for the adoption of the foregoing resolution was duly seconded by member Earl. Simons and upon vote being taken .thereon, the following voted in favor, thereof: Gordon Erickson, Phil Cohen, john Leary, Earl Simons and Howard Heck, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -240 RESOLUTION ACCEPTING BID FOR ONE (1) 1/2 TON PICKUP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen, john Leary and Earl,Simons, and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 65 -241 RESOLUTION ACCEPTING BID FOR ONE SELF - CONTAINED HOPPER -TYPE :MATERIAL SPREADER 2- 255 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen, John Leary and Earl Simons, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -242 RESOLUTION ACCEPTING BID FOR ONE (1) 4400 G.V.W. VAN TRUCK 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, john Leary, and Earl Simons, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -243 RESOLUTION ACCEPTING BID FOR ONE (1) NINE PASSENGER STATION WAGON The motion for the adoption of the foregoing resolution was duly seconded by member Phil. Cohen, and upon vote being taken thereon, the following voted in favor thereof Gordon Erickson, Howard Heck, Phil Cohen, John Leary and Earl Simons and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was convened for the purpose of considering bids for the purchase of $345, 000 Improvement Bonds of 1965 and $190,000 Library Bonds as advertised for sale. The Clerk presented affidavits showing publication of notice of sale more than ten days in advance of sale in the official newspaper and in Commercial. West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined: and found satisfactory and ordered placed on file. The Clerk presented the sealed bids which had been delivered to him prior to the time specified in the notice of sale, and said bids were opened, examined and found to be as follows: TOTAL INTEREST Cost from date of Issue to materlty, less premium, and BIDDERS ADDRESS. RATE PREMIUM NET INTEREST RATE $190,000 Library Bonds: AMERICAN NATIONAL BANK St. Paul 1967/1971 - 3.50 %, PAR $ 74,380 1972/1977 -3.70% 3.9147% Paine, Webber, Jackson & Curtis Boston 1978/1985 -3.90% Plus additional interest of 1.20% per annum from 3 -1 -66 to 1 -1 -67 KALMAN & COMPANY Minneapolis 1967/1976 -3.70% PAR $ 73,550 Juran & Moody, Inc. St. Paul 1977/1985 -3.80% 3.8710% E. J. Prescott & Co. Minneapolis Plus additional J. M. Dain & Co. Minneapolis interest of 1.20% per Allison-Williams, Co. Minneapolis annum from Piper, jaffray & Hopwood Minneapolis 3 -1 -66 to 1 -1 -67 $345,000 Improvement Bonds: AMERICAN NATIONAL BANK St. Paul 1967/1971 -3.50% PAR $ 108,410 1972/1977- 3.70% 3.8996% Paine, Webber, Jackson 1978/1986 -3.90% & Curtis Boston Plus additional interest of 1.20% per annum from 3 -1 -66 to 1 -1 -67 -3- (continued) TOTAL INTEREST 2 J Cost from date of issue to maturity, less premium, and B IDDERS ADDRESS RATE PRE, EMIUM NET INTERE KALMAN & COMPANY Minneapolis 1967/1976- 3.70% PAR $ 107,975 Juran & Moody, Inc. St. Paul 1977/1986 -3.80% 3.8839% E. J. Prescott & Co. Minneapolis Plus additional interest J. M. Dain & Co. Minneapolis of 1.20% per annum from Allison - Williams Co. Minneapolis 3 -1 -66 to 1 -1 -67 Piper, Jaffray & Hopwood Minneapolis After due consideration of said bids, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -244 RESOLUTION AWARDING SALE OF $345,000 IMPROVEMENT BONDS OF 1965, DIRECTING THEIR EXECUTION AND DELIVERY, AND PROVIT ING FOR THEIR PAYMENT 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 thereon , Gordon Erickson, Howard Heck, Phil Cohen, John Leary .and Eatl Simons, acid the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. After I due consideration of said bids, member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -245 RESOUMON AWARDING SALE OF $190, 000 LIBRAItY BONDS, DIRECTING THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR T14EIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Earl , Simons and upon vote being taken thereon, the following voted in favor thereof Gordon Erickson, Phil Cohen, Earl Simons, Howard Heck and John Leary,- and the following voted against the. same: none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Earl Simons to direct the Villa" Administrator and Attorney to draft a resolution, to be considered by the Council on December 20, setting forth the findings of the Council in regard to Applications Via. 650V and 65077, and 'further, to prepare the necessary ordinance anwndoWnts required to accomplish rezoning in accordeme with the pFtntitted by Lecon Properties as revised and approvad by the Council. Voting for , the motion: Earl Simons, Gordan Erickson, Phil Cohen, and John Leary, and voting against 'same: Howard Heck, for the reason that he believed Noble Avenue should be located further east than the location set forth in the plans. Motion carried. Motwin by Phil Cohen and seconded by Howard Heck to accept the recomasendation of the Planning Commission in regard to Application No. 65100 submit by Boyer Palmer and approve the site plan for a 24 unit apartment building on Lot 1, Block 1, Greenlawn Addition, subject to the following conditions and statements: 1. A plat or Registered, Land Survey, combining Lot 1 and Outlots 1 and 2 of Greenlawn Addition, be submitted to the Village Council within 30" days of this date. 2. A building permit shall be issued after a performance agreement has been executed and a $2, 000.00 bond or cash escrow has been posted to guarantee the installation of on- site improvements, as set forth in the submitted plans and in the minutes of the Planning Commission regarding this application. -4- 261 3. The Certificate of Occupancy for this structure shall not be issued until the plat or Registered Land Survey noted in Item 1 above has been filed with the County Auditor. Motion carried unanimously. The bills having been audited, Earl Simons moved and Phil Cohen seconded to order paid the bills set forth in the schedule dated December 13, 1965, and filed in the permanent record book. Motion carried unanimously. Motion by Earl Simons and seconded by john Leary to authorize the purchase of an I. B. M. electric typewriter for the Assessor's office and appropriate $450.00 from the Council Contingency Fund to cover the cost of this purchase'. Motion carried unanimously. Motion by john Leary and seconded by Phil Cohen to adjourn. Motion carried unanimously. The Village Council adjourned at 1:25 A. M. �o Mayon CSC. 0 Clerk _rte_ GENERAL LICENSING REGULATIONS Sections 23 -001 - 23 -012 AN ORDINANCE ESTABLISHING GENERAL LICENSING REGULATIONS AND AMENDING CHAPTER 23 THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the Village Ordinances is hereby amended by the addition thereto, of the following sections: Section 23 -001. APPLICABILITY. The provisions of these sections shall apply to the application for and issuance and revocation of licenses in the Village except as may otherwise be specifically provided in the ordinances pertaining to particular licenses. Section 23 -002 APPLICATION FOR LICENSES. Application for licenses shall be made in writing to the Clerk for presentation to the Council. Such applications shall specify the following: a. Name and residence of the applicant (s) and if a corporation, the registered office thereof. b. The name and address of the location or place of business or activity for which the license is requested, or in the case of occupational licenses, the location from which the applicant operates. c. Such additional information or documents as the ordinance or administrative regulations may require from the applicant. Section 23 -003 REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the application to the Council for approval, the Clerk shall submit the application to the appropriate municipal officer for review and comment. Said official shall issue that all ordinance requirements have been complied with, and shall furnish the Council with such additional information as may be deemed appropriate or as requested. In addition, the officer shall recommend approval or disapproval of the application, and shall when recommending disapproval, furnish the Council in writing his reasons therefor. Section 23 -004. NOTICE TO APPLICANT. In the event disapproval of an application is recommended or in the event the Council disapproves or materially qualifies the license the clerk shall notify the applicant of: a. The nature of the recommendation or action. b. The time and place at which the Council will next consider application. c. The applicants right to appear before the Council in support of the application. Section 23 -005. COUNCIL ACTION. The application shall be submitted to the Council for consideration within a reasonable period following submission to the clerk. Section 23 -006 SUSPENSION; REVOCATION. The Council may sus' Pend or revoke any license issued pursuant to the Ordinances if the Council finds that ' any of the following ever occur; provided, however, that the licensee shall be given notice of the proposed revocation or suspension and be provided an opportunity to appear before the Council and be heard: 1. That the licensee has knowingly made false statements in or regarding his application. 2. That the licensee or his agents have violated or failed to comply with ordinance provisions, statutes, or legal directives pertaining to the regulation of activities authorized by the license. 3. That the licensee has failed to correct or remove, within a reasonable period, ordinance violations after receipt of notice to do so. 4. That the continued effectiveness of the license constitutes a substantial threat to the public peace, health, safety or welfare. Section 23 -007 ISSUANCE. Upon approval of the application by the Council, the Clerk shall issue a license to the applicant, stating thereon the name and address of the premises and the activity licensed. The applicant shall so display the license so as to be easily observable by the public, or as required by the specific ordinances requiring the license. Section 23 -008 CERTIFICATE OF OCCUPANCY REQUIRED. When a Business Certificate of Occupancy is required by Chapter 35 of the Ordinances for the conduct of activities for which a municipal license is required, the required license shall not be valid until said Certificate has been issued by the Zoning Official. Section 23 -009 LICENSES - NON - TRANSFERABLE, NO REFUND. Unless otherwise provided by the ordinance requiring a license, a license is non- transferable, and the licensee shall not be entitled to a refund of any license fee upon revocation or voluntarily ceasing to carry on the licensed activity. However, in the event of Council denial of the application, the fee shall be refunded. 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- Type of License Required by Section License Expires less otherwise. stated Cesspool Cleaning 7 -501 April 30 $ 20.00 Cesspool Installation 3-701 April 30 20.00 Electrical 3-808 April 30 20.00 Gas Piping 3 -814 April 30 20.00 Heating 2 -408 April 30 20.00 Fee, (annual unless Tyne of License Required by Section License Expires otherwise stated Housemoving 3 -1001 April 30 $ 20.00 Plumbing 3 -507 April 30 20.00 Well Drilling 3 -601 April 30 20.00 Taxi 27 -102 Dec. 31 10. 00 per vehicle Courtesy Bench 23 -901 Dec. 31 7.00 Bingo - Less than 4 hours 23 -602 Special 1. C0 per day 4 hours or more 2.00 per day Bowling Alley 23 209.01 Dec. 31 5. 00 per alley Bulk Storage 23 -404 Dec. 31 5.00 Coin Operated Dry Cleaner 23 -1001 Dec. 31 25.00 Dance 23-301 Special 25.00 /mo or as set by Council On Sale - Liquor 11 -502 Dec. 31 100.00 Liquor Display Permit 11 -401 Special 300.00 On -Sale Malt 11 -103 (a) Dec. 31 100.00 Off Sale Malt 11 -103 (b) Dec. 31 5.00 Pool & Billiard 23 -201 Dec. 31 5.00 /table Garbage and /or Rubbish Collection 7 -107 Dec. 31 10.00 Service Station 23 -402 Dec. 31 First Pump 5.00 Each Additional Pump 3.00' Cigarette 23 -101 Dec. 31 12.00 Bakery Food Vehicle 8- 101.01 Feb. 15 15.00/vehic Catering Food Vehicle 8- 101.01 Feb. 15 First Vehicle 50.00 Each Additional vehicle 10.00 Food Establishment 8- 101.01 Feb. 15 Basic License 25.00 Each added facility 5.00 Fee, (annual unless ' Type of License Required by Section License Expires otherwise s ated Itinerant Food Establishment 8- 101.01 Special First bay 10.00 Each Additional Day 1.00 Readily Perishable Food Vehicle 8- 101.01 Feb. 15 5.00 Readily Perishable Food Fleet 8- 101.03 Feb. 15 25. 00 Vending Machine - Vendor 8- 101.01 Feb. 15 Bulk Vendor 10.00 Non- perishable Vendor 5.00 plus 1.00 per machine location. Perishable or Readily 15.00 plus Perishable Vendor 1.50 per machine location Combination Perishable- 20.00 plus Non- Perishable vendor appropriate fee for each machine location. Special Food Handling 8- 101.04 Feb. 15 5.00 Section 23 -011 FEES PRO - RATED. The fee for initial licenses granted after the expiration date set forth in Section 23 -010 shall be pro -rated on a monthly basis, with the fee required being in the same proportion to the annual fee as the unexpired term of the license stands to the full license period, but in no instance shall the pro -rated fee be less than $5.00, Section -23 -012 LATE FEES. 23- 012.01. All lincenses shall be renewed annually prior to the expiration date set forth in Section 23 -010. In the event the applicant fails to renew his license before it expires, a fee of 10 per cent of the annual license fee for each week or portion thereof that the renewal is over due shall be added to the license fee, to a maximum of 50 percent of the annual fee, provided, however, that the penalty clause shall not apply to construction licenses. 23- 012.2. if an application for license renewal is not submitted within fifteen (15) days after expiration of the current license, the license shall cease the previously licensed activity. Continued activity after the fifteen day period shall be an ordinance violation, and upon conviction thereof, shall be punishable by a fine of not more than $100.00 or imprisonment for not more than ninety days. Each day of such activity shall constitute a separate ordinance violation. Section 23 -013. SUPREMACY CLAUSE Any conflict between the Sections 23 -001 through 23 -012 and other provisions of the Ordinances shall be resolved in favor) of Sections 23 -001 - 23 -012 of this chapter. Section 2. This ordinance shall be effective from _and after its legal publication. Adopted this 13th day of December, 1965. General Licensing Regulations Sections 23 -001 - 23 -012 Mayor ATTEST: r Clerk a