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HomeMy WebLinkAbout1964 10-13 CCM Regular Session Minutes of the Proceedings of the Village 4 Council of the Village of Brooklyn Cet�ter in the County of Hennepin and Seta Wmeso October 13, 1964 The Village Council met in regular session and was called to order by Mayor Gordon Erickson at 7: o P. M. Roll Call: Mayor Cordon Erickson Henry Dorff, John Leary, Phil Cohen and Howard Heck were present. Motion by Howard Heck and seconded by john Leary to approve the minutes of the Council meeting of October 5, 1964 as recorded. I\Ybtion carried, unanimously, Motion by Phil Cohen and seconded by Henry Dorff to approve the minutes of the Council meeting of October 7, 1964 as recorded.' Motion Carried unanimously. Motion by John Leary and seconded by Phil Cohen to table application' #64075 submitted by George Bruce Morrow until October 19, 1964. h/jotion carried unanimously, Motion by Phil Cohen and seconded by Howard Heck to uphold the recommendation of the Planning Commission on application f64090 by Gordon Mommsen and ..grant a variance to Section 35 -401 (2) to permit construction` of an attached garage and family room addition the home located at 6107 Xyle Avenue with a front yard setback of 35 feet instead of 39 feet as required by the zoning ordinance. M*ti carried unanimously.....; The Mayor announce that the meeting was. open for the consideration Of PrOPO sanitary Sewer Project No. 1.964 -30 continued from October 5, 1964. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. :After ,hearing a nd Considering all objections and the property owners appeerlrxg egainst''the said imArOvement, member Howard Heck introduced the foliowlxtg resolution and moved ita adoption; RESOLUTI N DE PRO CT iIO. 1964 - UWA MgABIA WHEREAS, bids received for the construction of Project Nei. 196434, describQd as Sanitary Sewer in Lyndale Avenue from 58th Avenue. to 580' north exceeds the Engineer`s estimate by $3,373.75, and. WHEREAS the Village Engineer has investigated various alternatives in construction alignment and construction techniques for Project No. 1964 -30, and WHEREAS* the Village Engineer recommends that the alternatives investigated are not economically feasible, and WHEREAS, it is the opinion of the Village Engineer that Project No. 1964 -30 can be more economically constructed in the future due to ground water relief Provided by the propo w free a � y, and NOW, THEREFORE, BE IT RESOLVED by the Village Council' of the Village Of Brooklyn Center to declare the hearing for PtoJect Now 19 -3 unfavorable. The motion for the adoption of the foregoing resolution was day, recended by member Henry E}OW# and upon vote being taken thereon, the fallowing voted in favor thereof Gordon Erickson, Henry Dorff John Leary. Howard Heck and MI. Cohen and the following voted against the same. None; whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting wins open for the consideration 45 of proposed Street surfacing Improvement No. 194448. 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 7, 2964, 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 Henry Dorff introduced the following resolution and, moved its. adoption: RESOLUTION ORDERING CONSTRUCTION OF T SiJRFACi IMPROVE I Z NT NO 1964 -48 BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Miaanesotat as follows; 2. It is hereby determined that it is necessary and' for the best i a t efts t s of the Village and the owners of property specially benefitted thereby, that the following improvement shall be constructed: Street Surfacing Improvement - i\Io. 1964 -48 2. The improvement shall be constructed in" accordance with the plans and specifications prepared by the Village Engineers The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon i the following voted in favor thereof; Gordon Erickson, Henry Dom Joan tom, Howard Heck and Phil Cohen and the following voted against the same: None; whereupon said resolution was declared duly passed and add . pted. Motion by Howard Heck and seconded by John Leary to ` uphold the recommendation of the Planning Commission on application #64091 submitted by O. C. Marquardt and Mnt a variance to Section 3S -401 (4) to permit construction of an 18' x 26' attached garage with 641de'yard setback of 3 feet. Motion carried unanimously. Motion by Phil Cohen and seconded by Henry . Dori to uphold the recommendation of the Planning Commission on applicatio*#64078 submitted by Lyn River Apartments and grant a variance to section 35 »310 (2d) to permit the of a 24 continued use ' u x 16 n until September 10 sign p 3955 at which time it must be made to conform to the sign regulations, Motion carrled unanimously.. Motion by }John Leary and seconded by Howard Heck to uphold the recommendation of the Planning Commission on application #64092 submitted by Donald Meighan and deny the request to rezone from R -1 to B-2. iVotion carried unanimously. Motion by Henry Dorff and seconded by Phil Cohen to uphold the recommendation of the Planning. Commission on application 64087 submitted by C.D. Nordstrom and deny the request for renewal of a sign variance for a sign at 65th and Osseo Road. Motion carried unanimously. The Mayor announced that the meeting was open for the consideration of the vacation of the walkway easement between France and Grimes Avenue North in Bobendrier's 4th addition. The Mayor then called upon interested parties present to present arguments either for or against the proposed vacation, _2- Upon completion of discussion the motion was made by Henry Dorff to 85 instruct the Village Engineer to order construction of a six foot sidewalk upon the easement by the addition's developer. The motion died for lack of a second. Motion by John Leary and seconder' by Phil Cohen to instruct the Village Engineer to order construction of a four foot sidewalk by the addition's developer. Motion by Henry Dorff to amend the foregoing motion to construct a five foot sidewalk. The motion to amend the motion died for lack of a second. A vote was then taken upon Mr. Leary's motion and the following Voted in favor thereof: Henry Dorff, John Leary, Howard Heck and Phil Cohen, and the following voted against the same. Gordon Erickson, Motion carried. Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION.ACCEPTING' BID AND INSTRUCTING ,ATTORi17EY 'PREPARE COMYRACT FARM WHEREAS, the Assistant to the Village Administrator and the Village Director of Finance have reported that on October 13, 1964 at 10:00 a.m., they opened and tabulated bids received for the furnishing of rock salt, and that said bids were as follows: Carry Salt Company 11.59 per ton Cargill Incorporated 11.25 per ton International Salt Company 11. 2 5 per ton Cutler Magner Company 11.25 per ton Diamond Crystal No Bid Hardy Salt Company Bid received 10:4 a.r-. Now, therefore be it resolved by the Village Council of the Village of Brooklyn Center that the bid of Cargill Ina<fparated f0f the furnnishing of rock salt at a prince of $11, per ton is deemed to be the best bid for the furnishing of rock salt and said bid is her accepted. 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, john Leahy, Phil Cohen and Henry Dorff and the following voted against the same: None; whereupon siad resolution was declared duly passed and adopted. A RESOLUTION RELATING TO PARTICIPATION IN THE RURAL HENNEPIN COUNTY NUP.SRTG DISTRICT Mr. John Leary introduced the following resolution and moved it's adoption: WHEREAS pursuant to Minnesota Statutes, Sections 145. ©B and 145. Provision has been made for a public health nursing district in that portion of Hennepin County outside the City of Minneapolis, and WHEREAS, pursuant to such authority such a public health nursing district has been organized and has been in operation for several: years, and WHEREAS, it is deemed necessary to continue . the operation of such nursing district and to provide it with adequate funds for Its proper operation. . NOW, THEREFORE, BE IT RESOLVED By THE GOVERNING BODY OF Village of Brooklyn Center that this political subdivision continue to. be included in the public health nursing district of - rural Hennepin County, organized on January 4, 1952; that it participate in the benefits thereof; and that it agrees to support on an apportionment basis its pro rata s hare of the cost of the administration of such district provided,, however,, that for the period of January 1, 1965 through December 31, 1965, this cost shall not exceed 2C. &O per capita on the basis of the official 196© Federal Census. �3_ BE IT FURTFIER RESOLVED, that this resolution shall be deemed an 37 agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. The motion for adoption of the foregoing resolution was seconded by :coward x -Ieck. Upon roll call there were five7eas and no nays; F Y om+ kLays Gordon Erickson Phil Cohen Henry Dorff Howard Heck t one John Leary Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE FURNISHING OF WATER AND SEWER SERVICE TO BROOKLYN PARY, RESIDENTS' ABUTTING RQ KL I CENTER ON 73M A IJUE NOR WHEREAS, the Village of Brooklyn Center has received from the Village of Brooklyn Park resolutions adopted on the 2nd day of June 1964 and on the 28th day of September 1964 outlining the conditions under which certain Properties in Brooklyn Park may connect to water and sewer facilities In the Village of Brooklyn Center located on 73rd Avenue North between Penn Avenue and Logan Avenue, and WHEREAS, these conditions are satisfactory to the Village of Brooklyn Center. BE IT HEREBY RESOLVED that the Village. Council of Brooklyn Center authorizes those properties on the North side of 73rd Avenue between Penn Avenue and .Logan Avenue to connect to water and sewer facilities in Brooklyn Center on the conditions outlined in the afore - mentioned resolutions adopted by the Village of Brooklyn Park. 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, Henry Dorff, John Leary, Howard Neck and Phil Cohen and the following voted against the same: None;. whereupon said, resolution was declared duly passed ed and adopted. Member John Leary introduced the following resolution and moved its adoption; RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUPITY AUDITOR WHEREAS, at a Special meeting of the Village Council of the Village Of Brooklyn Center held on June 17, 1958 , a resolution was duly adopted providing`in part that the sum of $7,900.00 be levied in the year 1964 for Payment of principal and interest on bonds issued to finance Water Improvement` No. 1957 -28 and I WHEREAS said resolution was thereafter duly certified to the Auditor of and for Hennepin County, Minnesota, and WHEREAS,, there is presently on hand in improvement Fund 19584B sufficient money to pay arty and all principal and interest on said, bonds issued to finance construction of Water Improvement No. 1957 -28.. and at least five per cent In excess thereof, without the levy of said $7,900.80 in the year 1964 NOW*' THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: -4- 1. It is hereby determined that the levy of a direct ad valorem tax 39 on all taxable property in the village previously made and certified in the amount of $7,900. 00 for the year 1964 in connection with the financing of Water Improvement No. 1957 -28 is unnecessary and-,may be cancelled, there being sufficient money on hand in Improvement rued 1958 -B at the present time to pay any and all principal and interest, and at least five per cent in excess thereof, on said bonds issued to finance said hater Improvement No. 1957 -28 without collection of said direct ad valorem tax, 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $7,900.00 for the year 1964 previously certified Pursuant to the provisions of Section 475.61, Minnesota Statutes, 1957, 3. The Village Clerk is hereby authorized and directed to transmit a certified copy of this resolution to said Hennepin County. Auditor forthwith. 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, Henry Dorff, 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 Jahn Leary introduced the following resolution and moved its adoption: RESOLUTION APPROVING 1965 BUDGET AND AUTHORIZING _ A LEVY THEREFOP,E BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: 1. There is hereby approved -for expenditures in 1965 fma general taxes, the following sums for the purpose indicated: Village Operations and Administration 541,647.00 Poor Relief 13, 000.00 Firemen's Relief Association 13, 000.00 Public Employee Retirement Association 27, 000.00 County Parks 4;x385.00 5x99, 032.00 The foregoing does not include levies alreedy certified to the County Auditor. for the payment of .outstanding loans which levies for the year 1965 are as follows: Certificates of Indebtedness 14, 980.00 State Loan 1, 47 0.00 Park Bond Redemption 34, 400.00 50,850.00 , Total expenditures for the year 1965 from general taxes $649,882.00 2. There is hereby levied upon all taxable property lying within the Village of Brooklyn Center, in addition to all levies heretofore certified to the County Auditor as indicated in paragraph 1 hereof,, the sum of $599, 032. 00, and the clerk shall cause a copy of this resolution to be certified to the County Auditor, so that said sum shall be spread upon'the tax rolls and will be payable in the year 1965. 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,, 1clenry Dorff, John Leary, Howard Heck and fM1 Cohen and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. _S_ Member john Leary introduced the following resolution and moved 41 its adoption: RESOLUTION REQUESTING COU1TFY BOARD TO REVIEW ITS DETERMINATION OF AMOUNTS FORNANG THE BASIS FOR NERAL HOSPITAL TAX LEVY FOR 1965 WHEREAS, the Legislature of the State of Minnesota has provided for the transferring of Minneapolis General Hospital from the City of Minneapolis to the County of Hennepin by Chapter 738 of Laws of 1963.- and WHEREAS, provision is made in said enactment for the determination of proportions of publicly financed and unrecovered costs and a tax levy _ based thereon, in the last sentence of Section 3 r Subdivision 3 • for those yearn before records for a full year's operation of the hospital are available, and V!,HEREAS, the County Board has made such a determination by its budget for 1965, and the Village Council of the Village of Brooklyn Center deems it in the interest of the Village of Brooklyn Center and others that such budget be - reviewed in the manner provided by said layv, therefore BE IT RESOLVED,by the Village Council of the Village of Brooklyn Center that the Village of Brooklyn Center hereby requests the Hennepin, County Board to review its 1965 budget for the Hennepin County General Hospital, Revenue and Tax Levy Projections,, at a hearing upon such notice and at such time and Place and in the manner provided in Chapter 738, haws of 1963. BE IT FURTHER RESOLVED that the Village Clerk is authorized and directed to deliver a certified copy of this resolution to the Hennepin County Board` by delivering the same to the County Auditor of Hennepin County as the receiving official for such County Board. 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, Henry Dorff, john Leary, Howard Heck and Phil Cohen and the following voted against the same; None; whereupon said resoltuion was declared duly passed and adopted. Motion by Phil Cohen and seconded by Howard Heck to release $645.48 of escrow money posted by Brooklyn Center Shopping Centers, Inc. for the construction. of certain storm sewer improvements in their plat since cost of the storm sewer extension has been deducted from the escrow money posted, and there is a balance of $645.40. Motion carried unanimously. Motion by Pioward Heck and seconded by Phil Cohen to release $34.66 of escrow money posted by R.C. Ernst since the cost of the preparation of plans for a sanitary sewer lateral: hits been deducted from the escrow money posted and there is a balance of $34.66. Motion carried unanimously. The bills having been audited, motion was made by Henry Dorff and seconded by John Leary to order paid the bills set forth in the schedule attached to these minutes and made a. pert thereof. Motion carried unanimously. Motion by Phil Cohen and seconded by John Leary to authorise the Mayor to sign a construction project application for federal funds to be used for library construction. Motion carried unanimously. Motion by Howard Heck and seconded by Phil Cohen to adjourn. The Village Council adjourned at 1 :15 A. M. kiotion ca una ous pal Aayo 61 Clerk -6-