HomeMy WebLinkAbout1961 05-15 CCM Special Session r
261
Minutes of the Proceedings of the Village
Council, of the Village of Brooklyn Center
In the County of Hennepin and State of
....._ Minnesota ..,.. _ .
May 15, 1%1
The Village Council met in Special Session and was called to order
by Mayor William Super at 7:45 P.M.
Roll Call: Mayor William Super, Carl Carlson, Henry Dorff, Howard
Heck and Clifford Wellman were present.
Motion by Henry Dorff and seconded by Howard Heck to approve the
Minutes of the Regular meeting of April 24, 1961, as recorded. motion carried.
Motion by Carl Carlson and seconded by Howard Heck to approve the
Minutes of the Special meeting of May 3 1961, as recorded. Motion carried.
[ember Howard Heck introduced the following resolution and moved
its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
FOR THE VACATION OF 70TH AVENUE FROM
&FONT AVE-ME TO EMERSONVENUE,_,,,_ ,
WHEREAS, Homedale Builders, Inc., has petitioned that
70th Avenue from Dupont Avenue to Emerson Avenue be
vacated, and
WHEREAS. Homedale Builders, Inc., owns all of the land
abutting upon 70th Avenue from Dupont Avenue to Emerson
l Avenue, and
WHEREAS, 70th Avenue from Dupont Avenue to Emerson Avenue
was acquired by the Village of Brooklyn Center for road
purposes by Condemnation No. 78, and pursuant to the
Certificate of Completion, Order and Notice to the Auditor
and Register of Deeds of Hennepin County, dated December 7,
1960, and filed as a matter of record December 20, 1960,
as Document No. 3268498, and is further described as follows:
The North 60 feet of the South 683.22 feet of
Lot 49, Auditor's Subdivision 3&09, except that
part lying within the following boundaries:
Commencing at the Southwest corner of said
lot, thence easterly along the South boundary
327 feet, N thence
h
.14 a thence North 653 22 feet t e
Wes ? W est line
West 32 .10 feet to a Dint in the
p
653.67 feet North of the Southwest corner,
thence to the point of beginning.
BE IT THEREFORE RESOLVED that a public hearing shall be
held at the Village Hall in the Village on Monday the
12th day of June, 1961 at 8:O0 P.k. 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 b
p 9 g y y
member Carl Carlson, and upon vote being taken thereon, the following voted
in favor thereof: Carl Carlson, Henry Dorff, Howard Heck, William Super
and Clifford Wellman, 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 Water Main Improvement No. 1961 -22.
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 May 11, 1%1, which affidavit
was examined and found satisfactory and ordered placed on file.
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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 Carl Carlson introduced the following resolution and
moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF MATER MAIN
IMPROVEMENT NO, 1961 -22 AND PROVIDING FOR REIM-
BURSEMEINT OF UNASSESSED COST OF MATER IMPROVEMENT
NO. 1956 -19 AND 1%0-1, AND ORDERING PREPARATION
OF PLANS AND SPECIFICATIONS
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;
CONSTRUCTION OF "DATER MAINS, SERVICES AND APPURTENANCES
ON THE FOLLOWING STREETS:
STREET FROM TO
Logan Avenue North 69th Avenue North 73d Avenue North
Newton Avenue North North line, Halek's Addn. 73d Avenue North
Oliver Avenue North North line, Halek's Addn. 73d Avenue North
Oliver Circle Oliver Avenue North East Terminus
Penn Avenue North Oliver Avenue North 73d Avenue North
69 1/2 Avenue North Logan Avenue North East line of R.L.S. 815
70th Avenue North Oliver Avenue North Newton Avenue North
2. The plans and specifications for said improvement
shall be prepared by the Minder Engineering Co.
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, Henry Dorff, Howard Heck, William Super, and
Clifford Wellman, 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 Sanitary Sewer Improvement No. 1%1 -23.
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 May 11, 1961, 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 ORDERING CONSTRUCTION OF
SANITARY SEINER IMPROVEMENT N0. 1%1 -23
AND ORDERING PREPARATION OF PLANS ANO
SPECIFICATIONS
BE IT RESOLVE[? 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:
CONSTRUCTION OF SANITARY S&A?.R LATERALS TO SERVE THE
FOLLUNING JESCRIBEO STREETS:
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STREET FROM TO
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Logan Avenue North 69th Avenue North 73d Avenue North
Newton Avenue North North line, Halek's Addn. 73d Avenue North
Oliver Avenue North North line, Halek's Addn. 73d Avenue North
Oliver Circle Oliver Avenue North East Terminus
Penn Avenue North Oliver Avenue North 73d Avenue North
69 1/2 Avenue North Logan Avenue North East line of R.G.S. 815
70th Avenue North Oliver Avenue North Newton Avenue North
2. The plans and specifications for said improvement
shall be prepared by the Kinder Engineering Co.
The motion for the adoption of the foregoing resolution was duly seconded by
member Clifford Wellman, and upon vote being taken thereon the following voted
in favor thereof: Carl Carlson, Henry Dorff, Howard Heck, William Super and
Clifford .Hellman, and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
Member Clifford Wellman introduced the following resolution and
moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEAPING ON
PROPOSED SANITARY SEM IMPROVEMENT' N0, 1961 -35
WHEREAS, it is proposed that there be constructed an improvement
consisting of:
CONSTRUCTION OF SANITARY SEWER LATERAL ON 69TH AVENUE
FROM OLIVER AVENUE TO 325 FEET !',TEST OFOLIVE R AVENUE..
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 $4,000.00,
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 5th day of June 1%1 at 7:30 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 ANO PARCELS OF PROPERTY ABUTTING ON THE ABOVE
NAMED STREET.
4. This proposed improvement shall be designated Sanitary
Sewer Improvement No. 1961 -35.
The motion for the adoption of the foregoing resolution was duly seconded by
member Carl Carlson, and upon vote being taken thereon, the following voted
In favor thereof: Carl Carlson, Henry Jorff, Howard Heck, William Super and
Clifford Wellman, 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 Storm Sewer Improvement No. 1961 -24.
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 May 11, 1961, which affidavit
was examined and found satisfactory and ordered placed on file.
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225
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 Carl Carlson introduced the following resolution and
moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
STORM SEWER IMPROVEMENT NO. 1961 -24
AND ORDERING PREPARATION OF PLANS AND
SPECIFICATIO
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 follow-
ing improvement shall be constructed:
CONSTRUCTION OF STORM SEWER LATERALS TO SERVE THE FOLLOWING
AREA:
From 69th Avenue to 73d Avenue, and from the west line
of Hipp's East Palmer Lake Terrace Addition and Haiek's
Addition to 180 feet east of the center line of Logan Avenue.
2. The plans and specifications for said improvement
shall be prepared by the Minder Engineering Co.
The motion for the adoption of the foregoing resolution was duly seconded
by member Clifford Wellman, and upon vote being taken thereon the following
voted in favor thereof: Carl Carlson, Henry Dorff, Howard Heck, William
Super and Clifford Wellman, 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 Grading Improvement No. 1%1 -34.
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 May 11, 1961, 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 ORDERING CONS'T'RUCTION OF
STREET GRADING IMPROVEMENT NO. 1961 -34
AND ORDERING PREPARATION OF PLANS AND
SPECIFICATIONS
BE IT RESOLVE 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:
CONSTRUCTION OF STREE GRADING ON LOGAN AVENUE FROM 69TH
AVENUE TO 730 AVENUE
2. The plans and specifications for said improvement
shall be prepared by Donald G. Pass, Village Engineer.
The motion for the adoption of the foregoing resolution was duly seconded
by member Henry Dorff, and upon vote being taken thereon, the following voted
in favor thereof: Carl Carlson, Henry Dorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None, whereupon
said resolution was declared duly passed and adopted.
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Member Clifford Wellman introduced the following resolution and moved
its adoption:
RESOLUTION ACCEPTING BID AND
APPROVING CONTRACT FORM
•w.+.w.w w r .Mi r
1HEREAS, the Village Administrator and the Village Engineer
have reported that on May 11, 1961 at 10:00 A.M., they
opened and tabulated bids received for Sanitary Sewer, Water
Main and Storm Sewer Improvement Project Nos. 1961 -5, 6,
22, 23 and 24, and that said bids were as follows:
Nodland Const. Co. $ 167,756.65
Barbarossa & Sons 185,126.50
Peter Lametti Const. 190,265.63
Johnson Brothers 173,562.40
Horbal Construction 198,328.35
Lametti G Sons 182,594.40
Phelps -Drake Co., Inc. 192,172.06
Orfei & Sons 169,809.57
Randall Brothers 173.477.10
Petrowske & Ross 178.438.50
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Brooklyn Center, Minnesota, that the bid
of Nodland Construction Co. in the amount of $167,79'6.65 a4
as to furnishing all work, labor and material in connection
with Sanitary Sewer, Water Main and Storm Sewer Improvement
Project Nos. 1%1 -5, 6, 22, 23, and 24, according to the
plans and specifications therefor now on file in the office
of the Village Clerk is deemed to be the lowest and best
bid submitted for said work by a responsible bidder, and
said bid is hereby 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: Carl Carlson, Henry Dorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
Member Carl Carlson introduced the following resolution and moved
its adoption:
RESOLUTION ACCEPTING BID AND
APPROVING CONTRACT FO Y
WHEREAS, the Village Administrator and the Village Engineer
have reported that on May 11, 1961 at 10:00 A.M., they
opened and tabulated bids received for Street Grading
Improvement Project No. 1961 -34 and that said bids were as
follows:
BASE BID ALTERNATE BID
Mergen's Excavating $ 3,643.80 $ 5.316.60
Butler Construction 3,802.72 5,244.16
Veit & Co. 4,642.76 5,329.16
Horbal Const. Co. 2,971.76 3,795.44
NOW, THEREFORE, BE IT RESOLVED by the Village Council of
the Village of Brooklyn Center that the alternate bid of
Horbal Construction Co, in the amount of $3,795.44, as to
furnishing all work, labor and material in connection with
Street Grading Improvement Project No. 1961 -34, according
to the plans and specifications therefor now on file in the
office of the Village Clerk is deemed to be the lowest and
best bid submitted for said work by a responsible bidder,
and said bid is hereby 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: Carl Carlson, Henry Dorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
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Member Clifford Wellman introduced the following resolution and
moved its adoption:
RESOLUTION APPROVING STATE HIGHWAY DEPARTMENT
PRELIMINARY PLANS FOR THE IUPROVEViENT OF TRUNK
HIGHWAY 152 IN THE VILLAGE OF BROOKLYN CENTER
WHEREAS, the Commissioner of Highways has prepared pre-
liminary plans for the improvement of a part of Trunk
Highway Number 129, renumbered as Trunk Highway Number
152, within the corporate limits of the Village of Brooklyn
Center from the Junction of Trunk highway Number 100 to
the North Corporate Limits; and
WHEREAS, said preliminary plans are on file in the office
of the Department of Highways, Saint Paul, Minnesota,
being marked, labeled, and identified as Layout No. 2 A,
S. P. 2742 -72 (T.H. 152 -129); and
WHEREAS, copies of said preliminary plans as so marked,
labeled and identified are also on file in the office
of the Village Clerk; and
WHEREAS, the term "said preliminary plans" as hereinafter
used in the body of this resolution shall be deemed and
intended to mean, refer to, and incorporate the preliminary
plans as in the foregoing recitals particularly identified
and described;
NOW, THEN, BE IT RESOLVED that said preliminary plans for
the improvement of Trunk Highway Number 129 renumbered
Trunk Highway Number 152 within the limits of the Village
of Brooklyn Center be and hereby are approved.
The motion for the adoption of the foregoing resolution was duly seconded by
member Carl Carlson, and upon vote being taken thereon the following voted
in favor thereof: Carl Carlson, Henry Oorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
On the recommendation of the Village Administrator, member Carl
Carlson introduced the following resolution and moved its adoption:
RESOLUTION APPROVING STATE HIGHWAY DEPARTMENT
PRELIMINARY PLANS FOR THE IMPROVEMENT OF TRUNK
HIGHWAY 1'� IN THE VILLAGE OF BROOKLYN CENTER
WHEREAS, the Commissioner of Highways has prepared pre-
liminary plans for the improvement of a part of Trunk
Highway Number 212 renumbered as Trunk Highway Number
100 within the corporate limits of the Village of Brooklyn
Center from 0.5 miles west of its junction with Trunk
Highway Number 152 to the Junction of Trunk Highway Number
94; and
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WHEREAS, said preliminary plans are on file in the office
of the department of Highways, Saint Paul, Minnesota, being
marked, labeled, and identified as Layout No. 2 0, S.P. 2755 -29
(T.H. 100 -212); and
'WHEREAS, copies of said preliminary plans as so marked,
labeled and identified are also on file in the office of
the Village Clerk; and
WHEREAS, the term "said preliminary plans" as hereinafter
used in the body of this resolution shall be deemed and
intended to mean, refer to, and incorporate the preliminary
plans as in the foregoing recitals particularly identified
and described;
NOW, THEN, BE IT RESOLVED that said preliminary plans for
the improvement of Trunk Highway Number 212 renumbered Trunk
Highway Number 100 within the limits of the Village of
Brooklyn Center be and hereby are approved.
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, Henry Dorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
Upon the recommendation of the Building Inspector and the Village
Administrator, member Clifford Wellman introduced the following ordinance and
moved its adoption:
AN ORDINANCE RELATING TO HOUSE MOVING AND
AMENDING CHAPTER 3 OF THE VILLAGE ORDINANCES
AND REPEALING CERTAIN SECTIONS THEREOF
THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER ORDAINS:
Section 1. Chapter 3 of the Village Ordinances is hereby amended by
repealing Sections 3- 1005, 3 -1(06, and 3 -822, and by adding thereto new Sections
3 -1005, 3 -1006, 3 -1007, 3 -1008, 3 -17)9, 3 -10l', 3 -1011, 3- 1712, and 3 -1013, and
by renumbering former Section 3-1007 to new Section 3 -1719, and former Section
3 -1008 to new Section 3 -1015, and said Sections to read as follows:
Section PERMITS REQUIRED.
1. No licensed person shall move, remove, raise or hold up any
building within the limits of the Village of Brooklyn Center
without first obtaining a permit from the Building Inspector.
2. No licensed person shall move any building over, along or
across any highway, street or alley in the Village of Brooklyn
Center without first obtaining a permit from the Building Inspector.
.,-0tion . APPLICATION.
A person seeking issuance of a permit hereunder shall file an
application for such permit with the Building Inspector.
1. Form The Application shall be made in writing, upon forms
provided by the Building Inspector, and shall be filed in the
office of the Building Inspector.
2. Con, tents The application shall set forth:
a) A description of the building proposed to be moved,
giving street number, construction materials, dimensions,
number of rooms and condition of exterior and interior,
and ;photographs, showing ground and street elevations;
b) A legal description of the premises from which the building
is to be moved;
c) A legal description of the premises to which it is proposed
such building be removed, if located in the Village;
d) The portion of the premises to be occupied by the building
when moved if located in the Village;
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Section 3- 1306. Application. (Continued)
e) The highways, streets and alleys over, along or across which
the building is proposed to be moved;
£) Proposed moving date and hours.
3. Accompanvina Papers
a) Tax Certificate The owner of the building to be moved shall
file with the application sufficient evidence that the building
and lot from which it is to be removed are free of any entangle -
ments and that all taxes and any other charges against the same
are paid in full.
b) Certificate of Ownership or Entitlement The applicant shall
file with the application a written statement or bill of sale
or other sufficient evidence that he is entitled to move the
building.
4. Fee,. The application shall be accompanied by a permit fee in
the amount of $50.00 plus a sufficient sum, as estimated by the
Building Inspector, to cover all other charges required under the
terms of this or any other ordinance of the Village except the
fee for moving an accessory building not over 600 square feet
floor area shall be $10.00, provided however, that a minimum
fee for holding up, raising or moving any building or structure
within or through the corporate Village limits shall be $3.00.
Section 3 -1007 DEPOSIT FOR aPENSE TO VILLAGE. Upon receipt of an
application, it shall be the duty of the Building Inspector to procure an
estimate of the expense that will be incurred in removing and replacing any
electric wires, street lamps, or pole lines belonging to the Village or any
other property of the Village, the removal and replacement of which will be
required by reason of the moving of the building through the Village, together
with the cost of materials necessary to be used in making such removals or
replacements. Prior to of the permit the Building Inspector shall
require of the applicant a deposit of a sum of money equal to twice the amount
of the estimated expense.
Section(, 3 -1001 DUTIES OF BUILDING INSPECTOR.
1. Inspection The Building Inspector shall inspect the building,
wherever located, and the applicant's equipment to determine
whether the standards for issuance of a permit are met.
2. Standards for Issuance The Building Inspector shall refuse to
issue a permit if he finds:
a) That any application requirement or any fee or deposit
requirement has not been complied with;
b) that the building is too large to move without endangering
persons or property in the Village;
c) That the building is in such a state of deterioration or
disrepair or is otherwise so structurally unsafe that it
could not be moved without endangering persons and property
in the Village;
d) That the building is structurally unsafe or unfit for the
purpose for which moved, if the removal location is in the
Village;
e) That the applicant's equipment is unsafe and that persons
and property would be endangered by its use;
f) That zoning or other ordinances of the Village would be
violated by the building in its removal location;
g) That for any reason persons or property in the Village
would be endangered by the moving of the building;
h) That the building to be moved is not worth at least 60
per cent of the cost of a similar new building as determined
by the Building Inspector;
i) That the building in its removal location would fail to
comply in any respect with any provision of any ordinance
of the Village, or, in the alternative, that proper assur-
ances of such compliance have not been given.
3. Fees and Dgposits
a) D_po sit. The Building Inspector shall receive from the
owner all fees, deposits, bonds and insurance policies
and forward to the Village Treasurer. \
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IC I
Section 3 -1008. Duties of Building Inspector, (Continued)
b) Return upon No4„issuance Upon his refusal to issue a permit,
the Building Inspector shall return to the applicant all
deposits, bonds and insurance policies. Permit Fees filed with
the application shall not be returned.
c) !turn Upon Allowance „ for Expense After the building has
been removed, the Building Inspector shall furnish the Village
Clerk with a written statement of all expenses incurred in
removing and replacing all property belonging to the Village,
and of all material used in the making of the removal and
replacement together with a statement of all damage caused
to or inflicted upon property belonging to the Village.
Provided, however, that if any wires, poles, lamps or other
property are not located in conformity with governing ordinances,
the permitee shall not be liable for the cost of removing the
same. The Village Clerk shall authorize the Building Inspector
to return to the applicant all deposits after the Village
Treasurer deducts the sum sufficient to pay for all of the
costs and expenses and for all damage done to property of
the Village by reason of the removal of the building. Permit
fees deposited with the application shall not be returned.
p n s
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4. j7e, sianated St- egts,.for Removal The Building Inspector shall
procure from the Street Department a list of designated streets over
which the building may be moved. The Building Inspector shall have
the list approved by the Chief of Police and shall reproduce the
list upon the permit in writing. In making their determinations, the
Street +department and the Chief of Police shall act to assure maximum
safety to persons and ro ert in the Village and to minimize
p p y $
congestion and traffic hazards on public streets.
Section 3 -1 M . DUTIES OF PERMITEE. Every permitee under this
Ordinance shall:
1. Use Designated Streets bsove a building only over streets
designated for such use in the written permit.
2. Notify of Revised M211na Time Notify the Building Inspector
in writing of a desired change in moving date and hours as proposed
in the application.
3. Notify of Damage Notify the Building Inspector in writing of
any and all damage done to property belonging to the Village within
24 hours after the damage or injury has occurred.
4. Display Liahts Cause red lights to be displayed during the
night time on every side of the building, while standing on a street,
in such manner as to warn the public of the obstruction, and shall
at all times erect and maintain barricades across the streets in
such manner as to protect the public from damage or injury by reason
of the removal of the building.
5. Street Occupancy Period_ Remove the building from the Village
streets after 24 hours of such occupancy, unless an extension is
granted by the Building Inspector.
6. Comply with Governing Law Comply with the Building Code, the
Zoning Code and all other applicable ordinances and laws upon
relocating the building in the Village.
7. Clear Old Premises remove all rubbish and materials and fill
all excavations to existing grade at the original building site,
when located in the Village, so that the premises are left in a safe
and sanitary condition.
$. Pgblic Utilities The Village Engineer must certify that all
sewer charges and water bills payable Ggainst the property from
which the building is to be moved have been paid and that all sewer
and water connections have been plugged or discontinued at the curb
line or at the main and that all taxes against said property have
been paid in full.
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S,, t i or - 30 0. MISCELLANEOUS CONDITIONS.
1. Where the removal location of any building is known by the Building
Inspector to be subject to any restrictive covenants of record, he
shall not issue a permit under the provisions of this Ordinance
unless and until he is satisfied that all of the terms and conditions
of said covenants have been complied with.
2. No permit shall be issued under the provisions hereof unless and
until the Building Inspector shall be satisfied that the building
proposed to be removed will in its removal location conform to the
general character and to the type of architecture of the neighborhood.
3. It is not intended by this Ordinance to interfere with or abrogate
or annul any easement, covenant or other agreement between parties
provided, however, that when this ordinance imposes a greater or
heavier restriction than is imposed or required by any other ordinance,
rule, regulation or by easements, covenants, or agreements, the
provisions of this ordinance shall control.
Section 3 1(11_ FIWORCEMENT.
1. Permitee Liable fgr , Qweng2 Above Oeoosit The Permitee shall
be liable for any expense, damage or costs in excess of deposited
amounts or securities, and the Village Attorney shall prosecute an
action against the permitee in a court of competent jurisdiction
for the recovery of such excessive amounts.
2. Original Premisgs ktJ Unsafe The Village shall proceed to do
the work necessary to leaving the original premises in a safe and
sanitary condition, where permitee does not comply with the require-
ments of this Ordinance and the cost thereof shall be charged against
the General Deposit.
Section 3 -1012 PENALTIES. Any person, firm or corporation violating
any of the provisio n of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined an amount not to exceed $100.00 or
imprisonment for a period not exceeding ninety days. Each day such violation
is committed or permitted to continue shall constitute a separate offense and
shall be punishable as such hereunder.
Section 3 -1013. This ordinance shall take effect and be in force
from and after its passage and publication.
Section 3 -1014. HOURS. No building shall be moved across any railroad
or bridge, unless the hour be specified and approved by the company or govern-
mental unit controlling such tracks or bridge.
Section 3 -1015 LOVING BUILDINGS INTO VILLAGE. Any person, firm,
association or corporation desiring to move any building to within the limits
of the Village of Brooklyn Center from outside of such limits shall comply
with the following additional requirements:
1. Notify the Building Inspector of the Village of Brooklyn Center
during the process of construction of such buildingin sufficient
time so that the Building Inspector may make all necessary inspec-
tions in order to determine whether such building complies with
the applicable ordinances of the Village of Brooklyn Center.
2. Pay to the Village of Brooklyn Center, in addition to the required
fees for a building permit, an additional fee of seven cents (7�)
per mile to be traveled by the Inspectors in making the inspection,
computed from the Village Hall in the Village of Brooklyn Center
to the site where the building is being constructed, together with
a fee of three dollars ($3.00) per hour for each Inspector for the
time spent in connection with such inspection, within a radius of
fifteen (15) miles from the Village Hall of the Village of:Brooklyn
Center. The fee provided in this section shall be paid at the time
the application for a permit to move a building is made and shall be
retained by the Village whether or not said permit is granted.
L
r 239
Section 3 -1015. Moving Buildings into Village. (Continued)
3. The Building Inspector is hereby authorized and required to make
the inspections provided for herein upon compliance with the fore-
going requirements.
f
Section 2 . This ordinance shall be in full force and effect from and
after its legal 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: Carl Carlson, Henry Dorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None, whereupon
said ordinance was declared duly passed and adopted.
Lotion by Howard Heck and seconded by Clifford Wellman to set the
date and time of the Board of Review for Thursday, June 15, 1961, at 8:00 P.M.
Motion carried.
Motion by Howard Heck and seconded by Carl Carlson to instruct the
Village Administrator and Village Attorney to draw up a lease with The Dayton
Company regarding liquor store space at Brookdale. Motion carried.
Motion by Carl Carlson and seconded by Howard Heck to approve in
principle the report of Community Planning & Design Associates entitled
"Brooklyn Center Urban Community Preliminary Development Plan ". Motion carried.
Member Clifford Wellman introduced the following resolution and
moved its adoption:
RESOLUTION REGARDING PERMANENT TRANSFERS OF
MUNICIPAL LI!UOR STORE FUNDS FOR GENERAL
VILLAS OPERATIONS
WHEREAS, an audit of the Municipal Liquor Store Funds has
disclosed that a permanent transfer was made in 1960 from
Liquor Store Funds for Village operations that did not
comply with the covenants established by the resolution of
the Village Council authorizing the sale of Lunicipal
Building Revenue Certificates on Lay 26, 1959, and
WHEREAS; of the $25,000.00 permanent transfer during 1960
to the General Fund budget, $16,078.08 was not in compliance
with said covenants enacted for the benefit of certificate holders,
BE IT HEREBY RESOLVED that future permanent transfers from
the Municipal Liquor Store Funds will not be made unless
said bond covenants have been complied with.
The motion for the adoption of the foregoing resolution was duly seconded by
member Carl Carlson, and upon vote being taken thereon, the following voted
in favor thereof: Carl Carlson, Henry Dorff, Howard Heck, William Super and
Clifford Wellman, and the following voted against the same: None; whereupon
said resolution was declared duly passed and adopted.
Motion by Henry Dorff and seconded by Carl Carlson to amend the
1961 budget to reflect the expenditure of $50,313.00 of unappropriated General
Fund surplus in lieu of an anticipated transfer of $51,007.00 from the Municipal
Liquor Store Funds. Motion carried.
Motion by Henry Dorff and seconded by Howard Heck to adjourn. Motion
carried. The meeting adjourned at 11:15 P.M.
Wtayor
=:ZZ
Clerk
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