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HomeMy WebLinkAbout1961 10-16 CCM Special Session Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota October 16, 1961 The Village Council met in Special session and was called to order by Mayor William Super at 7:40 P.M. Roll Call: Mayor William Super, Carl Carlson, Clifford Wellman, Henry Dorff and Howard Heck were present. Motion by Carl Carlson and seconded by Clifford Wellman to approve o e of October 2 1 61 the Minutes f the Special meeting Oc , 9 , as recorded. Motion carried. Motion by Howard Heck and seconded by Clifford Wellman to uphold the recommendation of the Planning Commission to table Application No. 61250 from Homedale Builders requesting rezoning or a Special Use Permit to build multiple dwellings between 71st and 72d Avenues from Humboldt to Irving Avenues. Motion carried. Motion by Henry Dorff and seconded by Howard Heck to deny the recommendation of the Planning Commission to grant a Special Use Permit to Marvin Gordon on Application No. 61249 to build apartment buildings on property Located at 50th and Drew Avenues North. Howard Reek, Henry Dorff and William Super voted in favor of the motion; Carl Carlson voted against the same, and Clifford Wellman abstained from voting. Motion carried. Motion by Carl Carlson and seconded by Howard Heck to uphold the recommendation of the Planning Commission on Application No. 61254 from Mrs. Carl Johnson and disapprove ber request to rent an apartment to others in property located at 52d and France Avenues North. Carl Carlson,' William Super, Henry Dorff and Howard Heck voted in favor of the motion; Clifford Wellman abstained from voting. Motion carried. Motion by Carl Carlson and seconded by Howard Heck to uphold the recommendation of the Planning Commission to disapprove Application No. 61252 from Edward Kraemer requesting a variance to place a garage 4' from the south lot line of his property located at 5428 4tb Street North. Carl Carlson, William Super, Henry Dorff and Howard Heck voted in favor of the motion; Clifford Wellman abstained from voting. Motion carried. Motion by Howard Heck and seconded by Henry Dorff to uphold the recommendation of the Planning Commission to disapprove Application No. 61253 from Joseph Barankiewicz to build a garage 3' from the lot line on his property located at 6324 Indiana Avenue. Motion carried. The Mayor announced that the meeting was open for consideration of objections to the assessment for improvement for Dust Treatment can Twin :cake Blvd. _ 53rd Avenue Forth to Ekberg Drive Drew Avenue North from SOth to 53rd Avenue North 53rd Avenue North from Prance Avenue No. to Osseo Road Northport Drive from 53rd to 53rd Place North The Clerk produced affidavit of publication of Notice of Hearing on the assessment showing one week's publication thereof in the official newspaper, the publication being on September 28, 1961, which affidavit was examined and found satisfactory and ordered placed on file. The Clerk produced affidavit of mailing notices of the special assessment bearing to the benefitted property owners, - 1 - i The Mayor then called upon all property owners present to present their objections to the above assessment. After all persons desiring to speak thereon bad been heard, member Carl Carlson introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING ASSESSMENT FOR DUST TREATMENT ON Twin Lake Blvd. - 53rd Avenue North To Ekberg Drive Drew Avenue North from 50th to 53rd Avenue North 53rd Avenue North from France Avenue North to Osseo Road Northport Drive from 53rd to 53rd Place North 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 Etgineer heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the improvement known as the improvement listed above of said Village against every assessable lot, piece or parcel of land in accordance with the provisions of law,, and has prepared and riled 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 special session on Monday, October 16, 1961, to pass on the proposed assessments. 3. Said proposed assessments have at all times 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. This Council finds that each of the lots, pieties 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. 5. Such proposed assessments are adopted and confirmed, and the sums fixed and named in said proposed assessments are affirmed, adcp ted and confirmed as the proper special assessments for each of said lot, pieces or parcels ofland respectively. 6. Said assessments as adopted and confirmed shall be certified to by the Village Clerk and filed in his office and shall thereon be and constitute the special assessments for the payment of the above improvement. 7. The amounts assessed against each lot, place or parcel of land shall bear interest from the date hereof until the same have been paid at the rate of 6% per annum. 8. Such assessments shall be payable in one installment beginning in the year 1962, payable on the lst day of January thereof, such installment to 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 the lst day of January, 1962. 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 tbereof; Carl Carlson, Henry Dorff, Howard Heck, William -2- Super and Clifford Wellman and the following voted against the same: None; whereupon said resultion was declared duly passed and adopted. Motion by Clifford Wellman and seconded by Howard Beek to, approve the location of a YMCA facility in the northern area of HenAepin County and to direct the Village Administrator to prepare a resolution, to be approved by the Council, for general publication. Motion carAedc Motion by Howard Heck and seconded by Carl Carlson to uphold the recommendation of the Planning Commission to approve the plans for the construction of two industrial buildings as submitted by Dallas Houk on Application Nos. 612+7 and 61251 and approved by the Planning Commission on October 5, 1961. Motion egrried. Trustee Clifford Wellman left the meeting at this point, 11 :10 P.M. Member Carl Carlson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CLERK TO SIGN .AGREEMENT WITH THE 'TILLAGE OF BROOKLYN PARK RELATIVE TO INTERCONNECTION OF SANITARY SEWERS WHEREAS, in a report dated June 28,1961, prepared by Suburban Engineering, Inc., it has been determined that there is excess capacity in the Brooklyn Center sanitary sewer system in the amount of 1.53 C.F.S. at 71st and Noble Avenue; 1.27 C.F.S. at 69th and the west Village limits; and 1.45 C.F.S. at 73rd and Lyndale Avenues, and WHEREAS, the Village Engineer concurs in the findings of this report, and WHEREAS, the Village Council believes that it is to the best interest of the Village of Brooklyn Center to make this excess capacity available to the Village of Brooklyn Fark, and WHEREAS, the Village Attorney and the Village Engineer have prepared an Agreement between the Village of Brooklyn Center and the Village of Brooklyn Park, Minnesota, relative to the interconnection of sewers, NOW, TEERE20RE, BE IT RESOLVED that the Village Council of the Village of Brooklyn Center hereby approves the above - titled agreement and the Mayor and the Clerk are authorized to execute the necessary copies of said agreement at such time as the City of Minneapolis has approved the extension of sanitary sewers into the Village of Brooklyn Park from the Village of Brooklyn Center sewer system. 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: Carl Carlson, William Super, Henry Dorff, and Howard Beck, and the following voted against the same: None; whereupon said resolution was declared duly passed ancl dgpted. Motion by Howard Heck and seconded by Carl Carlson to require building permits for constructing fallout shelters, said permit fee to be based on the valuation of the structure at the rate of $5.00 for the first $1000, or portion thereof, and 1.2.00 for each addition $1000, or portion thereof, and to waive side -y CL limitations for below - ground structures. Motion carried. Member Carl Carlson introduced the following resolution and moved its adoption: _3_ RESOLUTION AGREEMENT TO PROVIDE SEWS SERVICE TO BROOKLYN PARK ON 73RD AVENUE NORTH BETWEEN FREMONT AVENUE NORTH AND CAMDEN AVENUE NORTH WHEREAS, the centerline of 73rd Avenue North is the boundary between the Village of Brooklyn enter and the Villa of Brooklyn Park yn � yn s and WHEREAS, the Village of Brooklyn Center has installed a sanitary sewer main in said 7 3rd Avenue North in a general area bounded by Fremont Avenue North and Camden Avenue North, and WHEREAS, the Village of Brooklyn Park has indicated a desire to jointly use said sanitary sewer main with the Village of Brooklyn Center; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: 1. Building sites in the Village of Brooklyn Park which abut 73r,l Avenue North between Fremont Avenue North and Camden Avenue Worth shall be allowed to connect directly to the Brooklyn Center sanitary sewer main in 73rd Avenue North subject to the terms and provisions of this resolution. 2. The cost of sewer service to property owners of Brooklyn Park will be the same as the cost to the average Brooklyn Center property owner in this area and will be eomputed thusly: Interceptor Sewer Assessment $2.16 Per Lin. Ft. Lateral Sewer Assessment $4.48 Per Lin. Ft. Sub -Total $6.64 Per. Lin. Ft. Less Service Connection Stub 1 .84 Per. Lin. Ft. Total �r �. .Lin. Ft. Lineal Feet of Sanitary Seger X 1800 Feet Total Lump Sum Cost to Village of Brooklyn Park- - - - - $10,440.00 Said lump sum or $+10,440.00 to be paid by the Village of Brooklyn Park to the Village of Brooklyn Center prior to any Brooklyn Park residential connections. 3. The sewer use rate charged Brooklyn Park property owners will be the current rate charged to Brooklyn Center property owners, presently $4.50 per quarter, said rate to be billed directly to Brooklyn Park property owners by the Village of Brooklyn Center. Payment of the sewer use charges to Brooklyn Park property owners shall be guaranteed by the Village of Brooklyn Park. 4. Individual property owners in Brooklyn Park shall acquire a standard sewer connection permit from the Village of Brooklyn Center prior to making any connections to the sewer main. 5. Property owners in the Village of Brooklyn Park connecting directly to the Brooklyn Center sewer system shall abide by Village of Brooklyn Center rules and regulations regarding sewer connections. 6. Brooklyn Center shall not be responsible to any person, firm or corporation for damages claimed as a result of the backing up of sewers in any basement in Brooklyn Park. ..4_ 7. The permission hereby granted in this resolution shall take effect and be in force from and after the passage of a resolution by the Village Council of Brooklyn Park accepting and agreeing to the terms and conditions hereof. Certified copies of both resolutions, as and when adopted, shall be filed with the Village Clerk of Brooklyn Center and the Village Clerk of Brooklyn Park immediately after such adoption. 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 bhereof: Carl Carlson.. Howard Heck, Henry Dorff and William Super and the following voted against the same: Hone; whereupon said resolution was declared duly passed and adopted. Notion by Howard Heck and seconded by Henry Dorff to adjourn. Motion carried. The meeting adjourned at 12 :15 A.M. or r � r