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HomeMy WebLinkAbout1954 02-24 CCM Regular SessionMinutes of the proceeding of the Village Council of the Village of Brooklyn Center in the County of Inepin and State of Minnesota, including all accounts audited by said Council February 24, 1954 The Village Council met in regular session and called to order by Arthur Paulson, Mayor, at 8:00 P.M. The following members were present: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly. The minutes of the regular meeting held on February 10, 1954 and the special meeting held on February 17, 1954 were approved as read. The Mayor announced that the meeting was open for the consideration of a- proposed improvement in the village consisting of the following: Construction of sanitary sewer on 4th Street North between 53rd and 55th Avenues North 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 February 11, 1954, 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. The following appeared and entered objections: None; and the following appeared in favor of said improvement: None. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Paul Weekly introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT AND APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. 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 benefited thereby that the following improvement shall be constructed: Construction of sanitarysswer on 4th Street North between 53rd and 55th Avenues North Said improvement shall be hereafter designated Sanitary Sewer Improvement No. 54 -1. The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion made by Paul Weekly and seconded by Wayne Gageby that the proposed plat of Fred Olson be referred back to the Planning Commission for further investigation, and that all residents be notified on east side of Lyndale Avenue between 69th and 73rd Avenue North of the hearing to be held on March 4, 1954. Motion carried. Member Wayne Gageby introduced the following resolution and moved its adoption: The hearing on the petition of Leonard A. Mellin to change 53rd Avenue North from Twin Lake Boulevard to Twin Lake was held. Several property owners objected to a 30 foot road requesting a 60 ft street. After some discussion Mr. Mellin withdrew his petition, and the discussion was closed without further action. 78 RESOLUTION CONFIRMING ASSESSMENTS FOR THE OILING OF CERTAIN STREETS BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The village clerk has with the assistance of the engineer heretofore selected by this council for such purpose, calculated the proper amounts to be specially assessed for the oiling of certain streets as follows: Camden Avenue North between 59th and 61st Bryant Avenue North between 57th and 60th Colfax Avenue North between 61st and 62nd Dupont Avenue North between 59th and 61st Emerson Avenue North between 59th and 61st Fremont Avenue North between 58th and. Highway 100 Humboldt Avenue North between 57th and Highway 100 61st Avenue North from midway between Bryant and Colfax to midway between Colfax and Dupont of said Village against every assessable lot, piece or parcel of land in accordance with the provisions of law, and has prepared and filed with the village clerk tabulated statements in duplicate showing the proper description of each and every lot, piece or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this council would meet in regular session on February 2 195+ to pass on the proposed assessments. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessments, or to any item thereof. 4 +. No changes in the proposed assessment are necessary. 5. This council finds that each of the lots, pieces or parcels of land enumerated in said proposed assessments was and is specially benefitted by said improvement in the amount of said proposed assessment set opposite the description of each such lot, piece or parcel of land and that amount so set . out is hereby levied against each of the respective lots, pieces or parcels of land therein described. 6. Such proposed assessments are affirmed, adopted and confirmed, and the sums fixed and named in said proposed assessments are affirmed, adopted and confirmed as the proper special assessments for each of said lots, pieces or parcels of land respectively. 7. Said assessments so affirmed, adopted and confirmed shall be certified to by the village clerk and filed in his office and shall thereupon be and constitute the special assessments for the paying of the foregoing enumerated improvement. 8. Such assessments shall be payable in one installment due on January 1, 1954 and, shall be collected with taxes collectible during said year by the county auditor. 9. The village clerk is hereby directed to make up and file in the office of the County Auditor of Hennepin County a certified statement of the amount of all of such unpaid assessments and the amount which will be due thereon. Said statement of assessments shall be certified to the County Auditor on September 1, 1954. Notices shall be forthwith mailed to each of the benefitted property owners setting forth the amount of the charge against his property. Said notices shall further state that if the assessment is paid prior to September 1, 195+, no interest shall accrue thereon. All assessments which remain unpaid on September 1, 1954 and which are thereupon certified to the County Auditor shall bear interest at the rate of five (5) per cent per annum. The motion for the adoption of the foregoing resolution was duly seconded by member Glen Sonnenberg and upon vote being taken thereon, the following voted in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman, and Paul Weekly; and the following voted against the same: None;: whereupon said resolution was declared duly passed and adopted. Motion made by Glen Sonnenberg that the village enter into a Night Depository Agreement with the Camden Park State Bank, said agreement to be dated February 24, 1954 and to conform to the printed form submitted by the Camden Park State Bank, the original and copy of said agreement to be signed by the officers of the Village and a copy thereof placed on file. The foregoing motion having been duly seconded by Wayne Gageby and all members voting in favor therec4 the motion was carried. Motion made by Allen Lindman to approve the form of resolution submitted by the village attorney to be used whenever the village agrees to undertake certain improvements on behalf of plattors and builders where such a commitment is required by the Veterans Administration for loan purposes. Said form shall be kept on file in the office of the village clerk and shall be mimeographed for use, the form thereof being as follows: WHEREAS (hereinafter referred to as Builders) are now constructing or plan to construct homes and improvements on certain property located within the Village of Brooklyn Center legally described as WHEREAS, said Builders desire to obtain loan guarantees from the United States Government through the Veterans Administration, and WHEREAS, the Veterans Administration before granting any loan guarantees requires that the Village assume responsibility for completion of certain improvements described as follows: WHEREAS, the Veterans Administration further requires that said work be completed within months from the date hereof and without the levying of any special assessments against the property in connection therewith, and WHEREAS, the Village has estimated that the reasonable cost of said improvements is in the sum of $ NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The Village herewith agrees to make the improvements recited above within the time specified above and without the levying of any special assessments against the benefitted property subject to the provisions hereinafter enumerated. 2. The Builders shall deposit with the Village Clerk a certified check payable to the Village in a sum equal to 150% of the estimated cost of said improvements which monies shall be held by the Village until said improvements are completed. In the event that the Village is required under the foregoing commitment to proceed with said improvements, then such monies shall be applied against the expense of said improvements as measured by the cost of the contracts let for such work together with an additional 10% which shall reimburse the Village for its overhead, legal and engineering services, or if the Village shall do any of such work by day labor, then the Village shall be reimbursed the cost of such day labor together with the reasonable charge for the use of any equipment of the Village together with the said 10% additional cost. 3. The Builders are ;rn no way relieved of any responsibility nor released from any requirements under the ordinances of the Village pursuant to which certain improvements are required to be made by said Builders in connection with the platting and improvement of property within the Village. Said Builders shall agree that they will within the time specified herein undertake and complete the improvements to which the Village has committed itself and upon the completion thereof, the Village will return to 80 to said Builders the certified check which has been deposited in connection therewith. 4. The Builders, in lieu of a certified check, may furnish the Village with a corporate surety who shall accept this resolution and the commitments recited therein on behalf of the Builders and shall pay to the Village of Brooklyn Center_promptly upon demand such monies as may be due to the Village by reason of any improvements which it may undertake pursuant to the commitment made herein. 5. The commitments made by the Village Council herein shall inure only to the benefit of the Veterans Administrs*ion and no one else and are made solely as an accommodation to the Builders, provided, however, that the Builders shall be liable to carry out the whole of this agreement without reference to any subsequent action on the part of the Veterans Administration. 6. The foregoing shall be accepted in writing by the Builders and their sureties, if any. Said resolution shall hereafter be referred to in the minutes as follows: "Improvement Commitments for VA Loan Purposes ". Gl n Sonnenberg. The foregoing motion was duly seconded by member/, and all vong in favor thereof, the motion was carried. Member Wayne Gageby introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON A PROPOSED IMPROVEMENT WHEREAS, a petition of property owners has been filed in the office of the village clerk for the construction of a proposed improvement consisting of the following: Sanitary Sewer improvement on that part of Irving and James Avenues North lying between 55th Avenue and 130 feet north of the center line of 54th Avenue North 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 $2500.00 for each of said streets, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The council proposed to proceed under authority granted by Chapter 398, Laws of Minnesota, 1953. 2. A public hearing on the proposed improvement shall be held at the Village Hall in the village on Wednesday, the 24th day of March, 1954, at 8 :00 o'clock P.M., and the clerk shall publish notice of the time and place of hearing by two weeks publication in the official newspaper of the village. 3. The area proposed to be assessed for said improvement is as follows: All lots and parcels of land abutting thereon. The motion for the adoption of the foregoing resolution was duly seconded by member Glen Sonnenberg, and upon vote being taken thereon the following voted in favor thereof; Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion made by Paul Weekly and seconded by Allen Lindman to accept the recommendation of the Planning Commission allowing Joseph Betker authority to divide lot 20 into two lots. Motion carried. Member Wayne Gageby moved the adoption of the following ordinance: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER BY CHANGING CERTAIN PROPERTY FROM OPEN DEVELOPMENT TO COMMERCIAL The Village Council of the Village of Brooklyn Center do ordain as follows: 1. Section 3.40 of the zoning ordinance of the Village of Brooklyn Center enacted on August 23, 1950, is hereby amended to include the following property within the commercial area set forth in said section: That part d' the North 150 feet of South 183 feet of Northwest 1/4 of Southwest 1/4 of Northeast 1/4 lying west of East 165 feet and east of West 30 feet of Section 10, Township 118, Range 21. 2. This ordinance shall be in full force and effect from and after its publication. The motion for the adoption of the foregoing ordinance was duly seconded by member Paul Weekly, and upon vote being taken thereon the following voted in favor thereof: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Lindman and Paul Weekly; and the following voted against the same: None; whereupon said ordinance was declared duly passed and adopted. Motion made by Paul Weekly and seconded by_Wayne Gageby giving the Minneapolis Gas Company authority to install a 3 inch main on Colfax Avenue North from 61st Avenue North to Lot 3, Block 1, also a 3`inch main on Colfax Avenue North from end of Job 3 -26 to cover Lot 5, Block 1. Motion carried. Motion made by Wayne Gageby and seconded by Paul Weekly that a Cigarette License be issued to Randall Darner, 4861 Osseo Road. Motion carried. Motion made by Allen ;,indman to commit the Village of Brooklyn Center to making the following improvements in accordance with the resolution heretofore identified as Improvement Commitments for VA Loan Purposes. Said resolution shall have inserted in it the following: Property to be improved: Frank Burch's Second Addition Estimated Cost: $680.00 Date of completion: 12 months Improvements to be made: Grading, surfacing and oiling of Emerson Avenue and the South half of 64th Avenue within the boundaries of said plat, according to the Village Specifications. The foregoing motion was duly seconded by Glen Sonnenberg, and all voting in favor thereof, the motion was carried. Motion made by Paul Weekly to adopt a resolution submitted by E. H. Larson, Land Commissioner for Hennepin County, approving the classification by the Board of County Commissioners as non - conservation land of the following described property: Parcel No. 36808 - 1946 North one -half of Lot 3, Block 4, "Linden Shores on Twin Lake" The foregoing motion was duly seconded by Wayne Gageby, and all voting in favor thereof, the motion was carried. Member Glen Sonnenberg moved the adoption of an ordinance entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER BY REQUIRING FRONTAGE ON PUBLIC ROADS, DESIGNATING ADDITIONAL RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS, AND INCREASING. SIZE OF THE PLANNING COMMISSION, which ordinance amends Section 3.13, Section 3.20, Section 3.40, Section 3.50 and Section 8.01 of the Zoning Ordinance enacted August 23, 1950, the original of said ordinance to be placed on file with the Village Clerk. The foregoing motion was duly seconded by Wayne Gageby, and all voting in favor thereof, the motion was carried. Motion made by Wayne Gageby and seconded by Allen Lindman to accept the insurance policies of Victor Ahrenberg, Treasurer, and Aldor R. Johnson, Justice of the Peace. Motion carried. 81 Motion made by Glen Sonnenberg and seconded by Paul Weekly giving Dan Elmer, Fire Chief, authority to purchase 300 feet of 12 hose at $1.00 per foot, one Barton Nozzle for $57.50, one Roof Ladder and 2 Pike Poles for the Fire Department. Motion carried. Mr. Arthur Paulson appointed the North Hennepin Post as the Village paper, and set Edwin C.Peterson's salary for 1954 at $3900.00. The following bills were audited and ordered paid: #579 Distillers Distr. Co. 580 Mid West Wine Co. 581 .Ed Phillips & Sons 582 Famou Brands 583 McKesson Robbins 584 Griggs Cooper Co. 585 Pabst Brewing Co. 586 James R. Fischbach 587 Richard Jennrich 588 Earl Holmes 589 N.W. Bell Telephone Co. 590 Miller Davis Co. # Wirt Wilson Co. 2400 N.W. Bell Tebphone Co. 2401 Post Publishing Co. 2402 Mutual General Insurance 2403 Mode Lite Co. 2404 Farnham Supply. Co. 2405 J. V. Gleason 2406 Kunz Oil Co. 2407 Dr. D. B.,Frane 2408 Miller Davis 2409 N.W. Bell Telephone Co. 2410 Paulson Hardware Co. 2411 Arthur Paulson 2412 Robert Cahlander 2413 Arnold Fahlan 2414 Henry Davis 2415 Edwin Peterson 2416 Emil Carlson 2417 Geo. W. Jensen 2418 H. T. Blomquist 2419 Northern States Power Co. 2420 Crook & Hanley, Inc. Motion made and duly carried to adjourn. Clerk 1 Liquor $701.14 108.75 520.13 398.51 " 303.95 368.73 43.60 Salary 175.00 150.00 It 150.00 16.35 217.50 $3144.66 Insurance $ 107.02 Phone 25.00 Pub, Notices 15.30 Insurance 48.05 Blinds 24.20 Supplies 8.40 Blacktop 7.5 Gas 172.31 Fire Dept 5.00 Supplies 116.81 Phone 19.85 Supplies 23.93 Salary 50.00 Police 175.00 Salary 175.00 It 150.00 162.50 37.50 37.50 Insurance 50.11 Electric 94.52 Supplies 12.19 $1517.69