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HomeMy WebLinkAbout1961 07-10 CCM Regular Session Mnutes of the Proceedings of the Village prici of the Village of Brooklyn Center in th6 County of Hennepin and State of - F Minnesota July 10, 1961 The Village Council met in Regular session and was called to order by Mayor William Super at 7 :35 P. M. Roll Call: Mayor William Super, Howard Heck, Clifford Wellman, Carl Carlson and Henry Dorff were present. Motion by Carl Carlson and seconded by - Howard Heck tp authorise the Planning Commission. o interview planners for consulting services and to ask the Planning Commission to recommend a consultant and the conditions of the engagement. Motion carried. Motion by Howard Heck and seconded by "Henry Dorff to uphold the recommendation of the Planning Commission to deny the variance requested by H. W. Burton of Continental Sign Co. to build an addition to his business on Lots 16 and 17, Block 2, Lanes Brooklyn Center. Motion carried. The Mayor announced that this was the time and place for receipt of bids for the purchase of $885, 000 Improvement Bonds in accordance with the resolution adopted June 15, 1961. The Clerk presented an affidavit showing publication of Notice of AIA in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavit was examined and found satisfactory and ordered placed on tile, together with a satisfactory affidavit of publication in the Brooklyn Center Press, the official Village newspaper. The Clerk then presented the sealed bids which had been received, Bich were opened and examined and found to be as follows: kig of Bidder Interest Rate Amount of Bid 1. John Nuveen & Co., Inc. 3.90% on all bonds maturing $885,237.50 Shearson, Hammill & Co. 1 /l /63 to 1/1/67, inclusive; Mannheimer -Egan, Inc. 4.20% on all bonds maturing Harold E. Wood & Co. 1/1/68 to 1/1/73, inclusive; 4.30% on all bonds maturing 1/1/74 to 1/1/77, inclusive; 4.40% on all bonds maturing 1/1/78 to 1/1/81, inclusive; with additional interest of 1.30% on all bonds from 10/1/61 to 7/1/63 inclusive. 2. Kalman & Company, Inc. 3.80% on all bonds maturing $88S,000.00 E. J. Prescott & Co. 1/1/63 to 1/1/67, inclusive; Duran & Moody, Inc. 4.00% on all bonds maturing Allison- Williams Co. 1/1/68 to 1/1/70, inclusive; Piper, Jaffray & Hopwood 4.10% on all bonds maturing J. M. Dain & Co. l/l/71 to 1/1/74, inclusive; 4.20% on all bonds maturing l /l/75 to 1/1/81, inclusive; with additional irterest of 1.80% on all bonds from 10/1/61 to I /1/63 inclusive, �l- l Name of Bidder Interest Rate Amount of Bid 3. B. J. Van Ingen & CO., 3.$ on all bonds maturing 5.,3 Inc. 1/163 to 1/1166, inclusive; Bareus,Ki.n:dred &Company 4.00% on all bonds maturing Channer Newman Securities 1/1/67 to 1/1/69, inclusive; Co. 4.20% on all bonds maturing Woodard - Elwood & Co.., 1/1/70 to 1/1/75, inclusive; 4.30% on all bonds maturing 1/1/76 to 1/1181, inclusive; with additional interest of 1.50% on all bonds from 8/20/61 to 1/1/63 inclusive. After due consideration of the bids fir $885,000 Improvement Bonds, member Howard Heck introduced the following resolution and moved its adoption: BE IT PMOLVED by the Village Council of the 'Village of Brooklyn Center, Minnesota, that the bid of Kalman & Company, Inc. & Associates to purchase $8$5,000 Improvement Bonds bearing interest rate of 3.80% on all bonds maturing on January 1, 1963 to 1967, inclusive; 4.00, on all bonds maturing January 1, 1968 to 1970,- inclusive, 4.10% on all bonds maturing January 1, 1971 to 197+, inclusive, 4.20% on all bonds maturing January 1, 1975 to 1981, inclusive; together with an additional coupon of 1.80% on all bonds for the period of from October 1, 1961 to January 1, 1963, inclusive; and to pay therefor the sum of $885,000.00, is hereby found, determined and declared to be the most favorable bid and is hereby accepted. The Clerk is directed to retain the check of said purchaser. 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: William N. Super, Clifford Wellman, Carl Carlson, Howard Heck and Henry Dorff; and the following voted against the same: Bone; whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption. BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The Village shall forthwith issue its negotiable improvement bonds in the principal amount of $885,000, dated July 1, 1961, being 885 in number and numbered 1 to 885, both inclusive, in the denomina- tion of $1,000 each, bearing interest at the rate of 3.80 percent per annum on all bonds maturing January 1, 1963 to January 1, 1967, inclusive; 4.00 percent on all bonds maturing January 1, 1968 to January 1, 1970, inclusive; 4.10 percent on all bonds maturing January 1, 1971 to January 1, 1974, inclusive; 4.20 percent on all bonds maturing January 1, 1975 to January 1, 1981, inclusive; plus additional interest at the rate of 1.80 percent for the period from October 1, 1961 to January 1, 1963, inclusive, to be represented by a separate coupon, said bonds maturing serially in the years and amounts as follows: $50,000 on January 1 each year 1963 to 1968, inclusive, $45,000 on January 1 each year 1969 to 1981, inclusive, with a prepayment option as follows: All bonds maturing on January 1, 1973, and thereafter., are subject to redemption in inverse numerical order on January 1, 1967, or any interest payment date thereafter -2- upon payment as follows: (1) if redeemed prior to January 1, 1972, at par plus accrued interest plus a premium of 3% for each bond redeemed; I (2) if redeemed on January 1, 1972, or thereafter, at par plus accrued interest plus a premium of l'p for each bond redeemed. 2. Both principal and interest shall be payable at the maim office of The American National Bank of Saint Paul, Saint Paul, Minnesota, and the Village shall pay the reasonable charges of said bank for its services as paying agent. 3. The bonds and interest coupons to be thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MIMMOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER No. $1,000 IMPROMW BOND OF 1961 KNOW ALL MEN BY THESE PRESENTS That the village of Brooklyn Center, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer out of Improvement No. 1960 A & B Fund the sum of ONE THOUSAND DOLLARS on the 1st day of January, 19 , and to pay interest thereon at the rate of percent ( %) per annum together with additional interest at the rate of one and eighty hundredths percent (1.800 per annum for the period from October 1, 1961 to January 1, 1963 or to prior maturity represented by separate coupons, all interest payable July 1, 1962 and semiannually th,eteafter -on the lst day of January and the 1st day of July in each year in accordance with and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal of and interest on this bond are payable at the main office of The American National Bank of Saint Paul, Saint Paul,, Minnesota, in any coin or currency of the United States of America which at the date of payment is legal tender for public and private debts. All bonds of this issue maturing on January 1, 1973, and thereafter, upon thirty (30) days prior notice by mail to the bank where the bonds are payable and to the last known holder are subject to redemption in inverse numerical order on January 1, 1967, or any interest payment date thereafter, upon payment at par plus accrued interest plus a premium of $30.00 for each bond redeemed if redeemed prior to January 1, 1972, and if redeemed on January 1, 1972, or thereafter, at par plus accrued interest plus a premium of $10.00 for each bond redeemed. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. This bond is one of an issue of bonds in the total principal amount of $885,000 all of like date and tenor except as to interest rates, maturity and redemption privilege$ all issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, as amended, for the purpose of defraying the expenses incurred and to be incurred in special improvements of the 'pillage, and is payable primarily from special assessments to be levied against property specially benefited thereby but constitutes a general obligation of the Village, and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full fAith and credit of the Village is hereby irrevocably pledged and the Village will levy ad valorem taxes if required for such purpose without limitation as to rate or amount. IT IS HEREBY CERT37IED AND RECITED That all acts, conditions and things required by the Constitution and Laws of the State of Minnesota to be done, to happen, and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this bond together with all other indebtedness of the Village outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, The Village of Brooklyn Center, Hennepin County, Minnesota, by its Village Council, has caused this bond to be signed by the Mayor and the Village Clerk and sealed with the corporate seal of the Village and the interest coupons hereto attached to be executed and authenticated, by the facsimile signatures of said officers, all as of July 1, 1961. Mayor Village Clerk (SEAL) (Form. of Coupon) No. On the 1st day of January (July), 19 , the Village of Brooklyn Center, Hennepin County, Minnesota, will pay to bearer out of Improvement No. 1960 A & B Fund at the main office of The American National Bank of Saint Paul., Saint Paul, Minnesota, the sum of DOLLARS, being the installment of interest then due on its Improvement Bond dated. July 1, 1961, No. Mayor Village Clerk 4. The Village has agreed to furnish the approving legal opinion of Messrs. Howard, Peterson, LeFevere, Lefler and Haertzen to the purchasers and such opinion is hereby requested. The clerk is authorized and directed to cause a copy of such opinion to be printed on each of such bonds and to certify on each bond to the fact that such opinion is on file in his office prior to the delivery of such bonds. 5. The Clerk is directed to cause said bonds to be prepared and the Clerk and Mayor are authorized and directed to execute the same and affix the Village seal thereto and to cause the interest coupons to be executed and authenticated by the printed facsimile signatures of said officers. 6. The bonds issued hereunder shall be payable from Improvement No. 1960 A & B Fund. If any payment of principal or interest on said bonds shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall pay such principal or interest from the general fund of the Village and such fund shall be reimbursed for such advances out of proceeds of assessments for said improvement when collected. 7. The estimated collection of special assessments for the payment of said bonds will produce at list five percent in excess of the amount needed to meet, when due, the principal and interest payments on the bonds. The Clerk shall deliver a certified copy of this resolution to the County Auditor of Hennepin County and obtain his certificate as required by Section 475.63, Minnesota Statutes. 8. The said bonds,, when fully executed, shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application thereof. 9. The Clerk and Treasurer are apthorixed and directed to prepare and furnish to the purphaser.agd tp the attorneys approving said issue certified copies Qf :all proceedings and : re6ords relating to the issuance-of said bonds and`to the right, power and authority of the Village and its officers to issuo the same and said certified copies and certificates shall be deemed the representations of the Village as to all matters stated therein. 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: William. N. Super, Clifford Wellman, Carl Carlson, Howard Heck and Henry Dorff; and the following voted against the same: None; where- upon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Carl Carlson to uphold the recommendation of the Planning Commission to grant the variance requested by Donald Brandvold to divide one lot 158 X 128.6 into two lots 85.7 X 128.6 and 72.3 X 128.6, said property being located at 5646 Girard Avenue. Motion carried. Motion by Howard Heck and seconded by Clifford Wellman to uphold the recommendation of the Planning Commission to grant the Special Use Permit requested by Kenneth Bergstrom to construct one 4 -unit apartment building oil Lot 1, Block 3, Lynn -Lee Addition. Motion carried. Motion by Howard Heck and seconded by Carl Carlson to uphold the recommendation of the Planning Commission and deny the Special Use Permit requested by Gordon D. Sandahl to construct one 4 -unit apartment building on Lot 2, Block 1, Sandahl Addition. Motion carried. Motion by Howard Heck and seconded by Carl Carlson to refer back to the Planning Commission for reconsideration the request of Frank Cameron for a Special Use Permit to construct two 7 -unit, 1 -1/2 story apartment buildings on Lot 5, Cameron Addition. Motion carried. Motion by Howard Heck and seconded by Carl Carlson to approve the Minutes of the Regular meeting of June 26, 1961, as recorded. Motion carried. Motion by Carl Carlson and seconded by Howard Heck to upheld the recommendation of the Planning Commission to grant a Special Use Permit to Kauffman, Kauffman, and Woody to construct seven 12 -unit apartment buildings on Parcel 4200, Section 36. Motion carried. Motion by Howard Heck and seconded by Henry Dorff to uphold the recom- mendation of the Planning Commission to deny the Special Use Permit requested by Marvin Gordon to construct one 17 -unit apartment building on the W 165' of NE 1/4 of the SW 1/4 of the NE 1/4, Section 10, except the N 220'. Motion carried, -5- Motion by Carl Carlson and seconded by Howard Heck to uphold the recommendation of the Planning Commission to deny the Special Use Permit requested by Marvin Gordon to construct three, 2 -1/2 story, 11 -unit apartment buildings on property remaining from land acquired by the State for the freeway right -of -way, said property being located from Noble Avenue 1,146 feet easterly, as follows: Commencing at SW corner of Lot 1, thence E 1,146 feet, thence N 242 feet, thence W to a point in W line of Lot 1, distance 242.59 feet N of beginning, thence S to beginning, except freeway. Motion carried. Member Howard Heck introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUORS BY CLUBS AND TO PROVIDE PENALTIES FOR V IOLATLONS THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER, MINNESOTA, DOES ORDAIN: Section 1. Chapter 11 of the Village Ordinances is hereby amended by adding thereto Sections 11 -501, 11 -502, 11 -503, 11 -504, 11 -505, 11r -506, I - 5 -a - ll,507, 11 -508, 11 -509, 11 -510, 11 -511, and 11 -512, and said Sections to read as follows: Section 11 -501 LEFIN'ITIOHS. a) The term "club" shall mean: and include any corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, which shell have more than fifty members, and which shah for more than a year have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distri bation or sale of beverages to the members of the club beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. b) The term "person" shall mean and include a natural person of either sex, persons, co- partnerships, corporations, and associations of any persons, and shall include the agent or manager of any of the aforesaid. The singular number shall include the plural, and the masculine pronoun shall include the feminine and neuter. Sectir 1l- 02. LICENSE MUIRED, No person shall sell, deal in, or dispose of by gift, sale, or otherwise any liquor without first having obtained a license so to do from the Village Council; provided, however, that this section shall not prohibit tie giving or serving thereof to guests in a private home, shall not pro- hibit the sale thereof by a manufacturer or distributor to a person holding a license hereunder, and shall in no way effect the operation of the Municipal liquor stores. Section 11 -503 LICENSES -- KIND AND TO WHOK ISSUED "On -Sale" licenses only may be issued to clubs as above defined and shall permit the sale of liquor to club members only for consumption can the premises. Section 11 -5o4 . APPLICATIONS FOR LICENSES. All applications for a license hereunder shall be made. on forms to be supplied by the Village setting forth all information necessary to show Whether or not the club qualifies for such a license under this ordinance, together with such additional information as may be required by the Village Council. Section 11 -505 LICENSE FEES AND LIABILITY INSURANCE. All applications for licenses shall be accompanied by a receipt from the Village Clerk for the required annual fee of the license. The fee for said license for one year shall, be one hundred dollars ($,100.00). All applications shall also be accompanied by a liability insurance policy which, shall be in the amount of ten thousand dollars ($10,000.00) coverage for one person and twenty thousand dollars ($20,000.00) coverage for more than one person and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums the insured shall become obligated to pay by reason of liability imposed upon it by law for injury or damage to persons other than employees, including the liability imposed upon the insured by Ktnnesota Statutes Section 3+0.95. Such liability insurance policy shall contain such other and additional provisions as provided by Minnesota Statutes Section 340.12. All licenses shall expire on the last day of December in the year in which said license is issued. A fee for the renewal of any license issued. under -6- this ordinance shall be paid to the Village Clerk prior to the first day of January of the year for which said license Pee is required, and in the event that said payment is made after said date, the license fee established by this ordinance shall be increased ten per cent (10%) for each month or portion thereof which has elapsed since said date. Section 11 -506 APPLICATIONS INVESTIGATED. The Village Council shall cause an investigation to be made of all facts set forth in the application. Opportunity shall be given to any person to be heard for or against the granting of any license. After such investigation of the application, a license may be granted or refused at the discretion of the Village Council. Section 11 -507 TEEM AND CONDITIONS OF LICENSES. All licenses granted hereunder shall be issued subject to the following conditions, and all other conditions of this ordinance., and subject to all other ordinances of the Village applicable thereto: a The license shall be posted at all times is a conspicuous place on the licensed premises. b) No sale of any A uor will be made to any person under guardianship nor to any person under 21 years of age. c) No gambling nor any gambling device prohibited by law shall be permitted in any licensed premises. d) All licenses granted under this ordinance shall be issued to the applicant only and shall be issued for the premises designated in the application. Such license shall not be transferred to another place without the approval of the licensing authority. e) No license shall be granted within six hundred feet (600 of any public school nor within six hundred feet (600 of any church. f) The licensed premises shall be open to inspection by any police or health officer or other properly designated officer or employee of the 'pillage at any time during which the club shall be open to its members for business. g) The sale of intoxicating liquor under such license is restricted to members of the club which holds the license. h) The licensee shall strictly observe all of the laws relative to the "on- sale" of intoxicating liquor as set forth in the Minnesota Statutes, together with all the rules and regulations of the State Liquor Control Commission insofar as they are applicable. i) The liability insurance policy as required by this ordinance shall be in full force and effect during the term of any license granted hereunder. Section 11.508 SAFES TO INTOMICATEF? PERSONS PROHIBITED. No licensee shall sell or serve such malt liquor to any intoxicated person or persons or permit any intoxicated person or persons to remain upon the premises occupied by the holder of such license. Section 11 -509 DISORDERLY CONDUCT PROMITED. No person or persons shall conduct himself or themselves in a disorderly or boisterous manner upon the premisesof a licensee holding an "on -sale" license, nor shall such licensee permit or suffer such conduct upon such licensed premises. -7- Section 11 -510 REVOCATION OF LICENSES. Any license granted hereunder may be revoked by the Village Council for cause. Cause for revocation shall be violation by the licensee or its employees of any law of the State of Minnesota relating to intoxicating liquor or violation by the licensee or its employees of any provision or condition of this ordinance. A license shall be deemed revoked upon the passage of the Village Council of a resolution to that effect, and no portion of the license fee paid shall be retuned upon revocation. Section 11 -511 REPEAL. All ordinances or parts of ordinances of this Village inconsistent herewith are hereby repealed. No provision hereof shall affect the municipal liquor stores. Section 11 -512 PENALTIES. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a, fine of not mere than one hundred dollars ($100.00) or imprisonment in the County Jail for not more than ninety (90) days. 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 Carl Carlson, and upon vote being taken thereoup the following voted in favor thereof: Henry Dorff, Howard Heck, Carl Carlson, William. Super and Clifford Wellman, and the following voted against the same; None; whereupon said ordinance was declared duly passed and adapted. Member Clifford Wellman introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO THE CONSUMPTION AND DISPLAY -OF INTOXICATING LIQUOR THE VILLAGE COUNCIL OF THE VILLAGE of BROOKLYN CENTER MMMSOTA,, DOW ORDAIN: Section 1. Chapter 11 of the Village Ordinances is hereby amended by adding thereto Sections 11 -401, 11 -402, 11 -403, 11-4o4 and 11 -405, said Sections to read as follows: Section 11 -401 PERMIT REQUIRED. It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating Liquor without first securing a permit from the Liquor control Commissioner and paying the annual fee as provided in this ordinance. Section 11 -402 PEE IMPOSED. Every private club or public place desiring to allow the consumption or display of intoxicating liquor shall on or before July l of each year pay to the village treasurer a fee of $300.00 and .shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro rata fee shall be paid; but no such pro rata fee shall be accepted from any private club or public place which has violated Section 11 -401 of this ordinance. In computing such fee, any unexpired fraction of a mouth shall be counted as one month. The written receipp shall be posted in some conspicuous place upon the premises alongside the permit issued by the Liquor Control Commissioner and shall be kept posted at all times. -8- Section 11-403 PREMISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the Liquor Control Comnissione= his designated agents, and duly authorized peace officers of the village. Refusal to permit such inspections shall be a violation of this ordinance. Section 11 -404 EXCLUSION, This ordinance does not apply to any premises licensed for the sale of intoxicating liquor. Section 11 -405 PENALTY. Any person violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for a period not exceeding 94 days- 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 Henry Dorff, and upon vote being taken thereon, the following voted in favor thereof: Howard Heck, Carl Carlson, Henry Dorff, William Super and Clifford. Wellman and the following voted against the same: Hone; whereupon said ordinance was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed STREET SURFACING IMPROVEMENT NO. 1961 -38. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two Meeks' publication thereof in the official newspaper, the last publication being on July 6, 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 Carl Carlson introduced the following resolution and moved its adoptions RESOLUTION ORDERING CONSTRUCTION of STREET SURFACING IMPROVEMENT NO. 1961 -38 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 owns of property specially benefited thereby, that the following improvement shall be constructed: 6 INCH BASE AND 2 INCH Br NODS SURFACING ON 48TH AVEN(JE NORTH FROM FRANCE AVE= NORTH TO EAST TERMINUS. 2. The plans and specifications for said improvement shall be prepared by the 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 -9- I Clifford Wellman, and the following voted against the same*- Hone; whereupon said resolution was declared duly passed and adopted. Member Carl Carlson introduced the following amendment to the ordinances and moved its adoption.- AN ORDINANCE PROHIBITING DOOR TO DOOR SOLITICATION UNDER CERTAIN CIRCUMSTANCES AS A NUISANCE THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER MINNESCITA DOES ORDAIN: Section 1. Chapter 19 of the Village Ordinances is hereby amended by repealing'Section 19 -701 and substituting new Section 19 -701, said Section to read as follows: Section 19 -701 NUISANCE. The practice of going in and upon private residences in the Village of Brooklyn, Center by solicitors, hawkers, itinerant merchants and transient vendors, for the purpose of soliciting orders for the sale of goods., merchandise, or services of any kind, or for the purpose of peddling the same when the owner or occupant of said private residence has placed upon or near the usual entrance to such residence a printed placard bearing the notices "PEDDLERS AND SOLICITORS PROHIBITED" in printing not smaller than 48 point type, or remaining in or upon such private residence after the owner or occupant thereof has indicated to said solicitor, peddler, hawker, itinerant merchant or transient vendor that his goods, wares, or merchandise are not wanted., or that his presence in or upon said private residence is not wanted, is hereby declared to be a nuisance. 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 Henry Dorff, and upon vote being taken thereon, the following voted in favor thereof: Howard Heck, Carl Carlson, Henry Dorff, William Super and Clifford Wellman, and the following voted against the same; Hone; vhereupon said ordinance was declared duly passed and adopted. Member Clifford Wellman left the meeting at this point, 11:00 P.M. Motion by Carl Carlson and seconded by Howard Heck to accept the Audit Report of Diva Penttila for the year 1960. Motion carried. tl Motion by Howard Heck and seconded by Henry Dorff to approve the audit fee of $7,229.50 submitted by Oiva Penttila, and further to make an additional appropriation from unappropriated surplus in the General Fund in the amount of $2,196.50 to pay for that portion of the audit attributed to the General Fund.. Motion carried. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION PROVIDIRG FOR PUBLIC HEARING ON PROPOSED SANITARY SEVER DEPROVEMENT NO. 1961 -19 WHEREAS, it is proposed that there be constructed an improvement consisting of the followings Construction of Sanitary Sever lateral on Camden Avenue North from 65th Avenue North to 230 feet north of 65th 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 -10- estimated cost of $2,298.75. NOW,, TMWME., BE IT RESOLVED by the Village Council of the Village of Brooklyn Center; Minnsota., as followst 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 24th day of July., 1961., at 8:o o 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 is as follows: ALL PARCELS OF PROPERTY ABLITTING ON THE ABOVE NAMED STREET WHERE THE PROJECT IS TO BE CONSTRUCTED. 4. This proposed improvement shall be designated Sanitary Sewer Improve - ment Project Ho. 1961 -19. 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 Borff, Howard Heck.aAd William Super; and the following voted against the same: stone; whereupon said resolution w declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, The Village of Brooklyn Center has approved the plans and specifications for the improvement of that part of Trunk Highway Yto. 393 renumbered as Trunk Highway Ho. 694 within the corporate limits of the Village of Brooklyn Center at the Approach to Bridge Ho. 9321; and WEER EAS., in order to obtain Federal Aid in the construction of said Trunk. Highway Ho. 393 renumbered as Trunk Highway Ho. 694 the Bureau of Public Roads required the assurance that the Village of Brooklyn Center will not suffer any encroachment of any nature or kind whatsoever on the right of way of said Trunk Highway No. 393 renumbered as Trunk Highway N 694 within the corporate�limts of the said Village of Brooklyn Center, NOW., THEN BE IT RESOLVED that said Village of Brooklyn Center does hereby agree and covenant that it will never permit or suffer, within its corporate limits any encroachment of any kind whatsoever, including curb gas pumps and gas stations, billboards other structures of any kind whatsoever, upon the right of way of Trunk Highway No. 393 renumbered as Trunk Highway Ho. 694 and to the above end said Village of Brooklyn Center hereby agrees that it will never issue any license, permit, or grant or give any leave or liberty or any other consent of whatever form for the construction or maintenance of any encroachment whatsoever, including curb gas pumps and gas stations, billboards or other structures of any kind whatsoever, upon said right of way; and that said Village of Brooklyn Center will cooperate insofar as possible to eliminate existing encroachments constituting traffic hazards and will further take any necessary action to eliminate any encroachment that may hereafter exist on said trunk highway right of way. 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 and William Super, and the following voted against the same: Bone; whereupon said resolution was declared duly passed and adopted. Member Carl Carlson introduced the fallowing resolution and moved its adoptions -11- RESOLUTION WHEREAS, The Commissioner of Highways has prepared plans., special provisions and specifications for the improvement of a part of Trunk Highway No. 393 renumbered as Trunk Highway Number 694 within the corporate limits of the Village of Brooklyn Center at the Approach to Bridge No. 9321; and WRKREAS said plans and special provisions are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P. 2787 -0 {694 -393 }, and WHEREAS, said specifications are on file in the office of the Department of Highways, Saint Paul, .Minnesota, being marked, labeled., and identified as S.P. 2787 - (694 -393), which together with the Minnesota Department of Highways Specifications for Highway Construction, dated May 1, 1959, on file in the office of the Commissioner of Highways, constitute the specifications for said improvement of Trunk Highway Number 393 renumbered. as Trunk Highway Dumber 694; and WHEREAS, copies of said plans and special provisions as so marked., labeled and identified are also on file in the office of the Village Clerk; and WHEREAS, the term "said plans and special provisions" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described, NOW., THEN, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway Number 393 renumbered as Trunk Highway Number 694 within the limits of the Village of Brooklyn Center be and hereby are approved.. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway -Dumber 393 renumbered as Trunk Highway Number 694 in accordance with said plans and special provisions. 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 and William Super, and the following g voted against the same: None; whereupon said resolution was declared duly -passed and adopted. Member Howard Heck introduced the following resolution and moved its adoptions RESOLUTION DECLARING INTENT OF THE VILLAGE OF BROOKLYN CENTER TO UPGRADE THE DESIGN AND CONSTRUCTION OF XD'S AVENUE FROM HIGHWAY 100 To COUNTY ROAD NO. 130 WHEREAS., the Minnesota Department of Highways has advised the Village of Brooklyn Center that the interchanges on Interstate Highway r �+, located at Humboldt Avenue; and at Trunk Highway 152 will not have suifcient capacity to serve all of the traffic generated in the Village of Brooklyn Center and that in their opinion, there should be an interchange at the intersection of Interstate Highway V011 and Xerxes Avenue, and WHUOM, the report entitled `Brooklyn Center Community Preliminary Development Plan ", prepared by Community Planning and Design Associates, Inc., proposes an interchange at this same point to serve the proposed industrial development, and WHEREAS, it appears to the Village Council of the Village of Brooklyn Center, that such an interchange should be constructed, -12- BE IT HEREBY RESOLVED that the Village Council of the Village of Brooklyn Center declare its intent to design and cause the construction of Xerxes Avenue, from Trunk Highway 100 to County Road No. 130, to Municipal State Aid standards. It is the intent of the Village of Brooklyn Center that such construction shall take place within five years of this date. 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 and William Super; and the following voted against the same: Hone; whereupon said resolution was declared duly passed and adapted. Member Carl Carlson introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THAT THE MINNESOTA DEPART OF HIGHWAYS INCLUDE A GRADE SEPARATION ON PROPOSED SHINGLE CREEK PARKWAY AS FUTURE CONSTRUCTION ON INTERSTATE SYSTEM 1 94 WHEREAS, Interstate Highway X94 crosses the Village of Brooklyn Center in an East -West direction and severely curtails the movement of vehicles in a North -South direction through the Village of Brooklyn Center, and WHEREAS, the Village Council of the Village of Brooklyn Center believes that it is the right of the citizens of Brooklyn Center to expect reasonable opportunity to cross Interstate Highway X94, and WHEREAS, it is the intent of the Village of Brooklyn Center and the University of Minnesota to develop the area between Shingle Creek and Humboldt Avenue as an industrial and urban community, BE IT HEREBY RESOLVED that the Village Council of the Village of Brooklyn Center, Minnesota, requests that the Commissioner of Highways indicate on plans to be submitted to the Bureau of Public Roads that a grade separation on the proposed Shingle Creek Parkway is proposed for future construction in addition to the separations at Dupont Avenue, Humboldt Avenue, T.H. 152, and Xerxes Avenue. 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 and William Super; and the following voted against the same: Nonce; whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and Moved its adoption: RESOLUTION PROVIDING FOR PUBLIC REARM FOR THE VACATION OF TRACT G, R.L.S. 546 AS A PUBLIC STREET WHEREAS, Nathan W. and Lillian P. Simcoe bmre petitioned that Tract G, Registered Land Survey No. 546, be vacated, and WHER't�;AS, Nathan W. and Lillian P. Simcoe own all of the land abutting upon Tract G, Registered Land Survey No. 546, and WHEREAS, Tract G, Registered Land Survey No. 546, was dedicated to the Village to provide a turn - around on 48th Avenue North, which is no l onger necessary, NOW, TARE, BE IT RESOLVED that a public hearing shall be held at the Village Hall in the Village on Monday, the 14th day of August, 1961 at 8:00 P.M. 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 -13- two weeks' publication in the official newspaper of the Village. The motim 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 thereoft Carl Carlson, Henry Dorff, Howard Heck and William Super; and the following voted against the same. lone; where upon said resolution was declared duly passed and adopted. Member Carl Carlson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE INSTALLATION OF "RESIDENT PARKI.IG ONLY" S IGINS WHMEAS the parking of vehicles along the south side of 70th Avenue Forth from Major Avenue to the western extremity of 70th Avenue by persons using the Willow Lane Park does cause undue inconvenience to the abutting property owners, NOW., THEEMORE BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, that the erection of two signs limiting parking to residents only is hereby authorized. 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 and William Super; aaaed the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Carl Carlson to authorize the Village Engineer to complete negotiations for the acquiring of the east 30 feet of Lot 10, Gouldd's Riverview Addition, for street purposes at a cost of $200 and the back taxes of approximately $65. Nation carried. Motion by Howard Heck and seconded by Carl Carlson to approve the division of costs of street improvement in the Brookdale area as follows: Division of costs on Xerxes Avenue From Highway 100 to the north limits of the Dayton property is as follows: a. The Dayton Company to be assessed the full cost of curb and gutter. b. The Dayton Company to be assessed the full cost of storm sever improvements. c. The Dayton Company to be assessed 70% of the cost of grading and surfacing, and the Village to pay 3 of the cost from State Aid funds. The division of costs on the extension of County Road 10 is as follows: a. The Dayton Company to be assessed the full cost of. the outside curb and gutter sections on this project. b. The Village of Brooklyn Center to pay all of the coat on the bridges over Shingle Creek. c. The shared items are identified as "Items 6, 8, 10, 11, and 12" in the letter dated May 17 1961, from the County Engineer regarding County participation in this project and total an estimated cost of $160,040. (The items referred to are listed below.) The Dayton Company is to be assessed 606 of this cost and the Village is to pay 40% of this cost. "6) Grading, base and surfacing - County 50%; others 50%. 8) Drainage - Laterals and structures - County 50%; others 5016. The main lime system will depend on the watershed area, however the County will not pay more than 75% of this part of the system. 10) Concrete curb and gutter within center island - County 50% 509 by others. 11) Relocation of traffic signals 100% by others. I 12) Engineering plaits for ward of contract - 100% by others." Motion carried. Motion by Carl Carlson and seconded by Howard Heck to approve the following applications for licenses: Electrical License Mpls. Electric Service Co. 2751 Hennepin Avenue Cesspool Cleaners License Shepard Cesspool Service Route #1, Anoka Heating License Ethier Stol - as - t pe P r, Inc. 511 W. 7th St., 8 .Paul Plumber's License Hoglund Plumbing Company 7+20 W. Lake Street Cecil E. Bodin 8801 2nd Avenge South House Moving License Wren, Inc. Lakeville, Minnesota Motion carried. The bills set forth on the schedule attached to these Minutes and made a part hereof, entitled "The Bills Audited. and Ordered Paid at the Meeting of July 10, 1961" were audited and ordered paid. Motion by Carl Carlson and seconded by Howard Rea to adjourn. Motion carried. The meeting adjourned at 12:40 A.M. 2" Ma r erk r The bills audited and ordered paid at the meeting on July 10, 1961 LIQUOR FUND 1480 Del Shane Fan 50,00 1481 Truman Nelson Mileage 15.40 1482 Vill of B.C. Public Uti l Utilities 7,00 1483 Mpls Gas Co " 2.4 1484 Ensign Electric Supplies 1,20 1485 Haugen Advertising Matches 34.60 1486 Ray Bergstroms Hauling 8.00 1487 Soley Iron Works Iron gate 178,00 1488 Famous Brands Merchandise 400,53 1489 McKesson & Robbing " 1,179.67 1490 Mid -Jest Wine n 56.65 1492 American Linen Supplies 9.05 1491 Void Void --- 1493 Beer Wholesalers Merchandise 214.40 1494 Binder Beverage " 13.85 1495 Canada Dry " 156.70 1496 Cedar Sanitary Ice " 22.50 1497 Chaska Beverage It 579.48 1498 Coca Cola Bottling " 103.89 1499 Consolidated Beverage " 193.51 1500 0. M. Droney " 1,368.14 1501 Fridley Beverage " 1,851.56 1502 Ganger Distr " 1,439.22 1503 Pepsi Cola Bottling " 136.56 1504 Rex Distributing " 1,738.14 1505 Royal Beverage 2,201.96 1506 Schlitz Brewing " 297.88 1507 Seven Up Bottling " 133.13 1508 Sunderland Supply " 36.00 1509 Thomas Moore 238.32 1510 Thompson & Sons " 31429.41 1511 Mutual Service Casualty Insurance 119.40 1512 Vill of B.C. General Fund Heat and Lights 96.66 1513 Oiva Penttila Audit 1,330.00 1514 Automatic Alarm Corp Protection service 91.50 1515 Ed Phillips & Sons Merchandise 499.10 1516 Distillers Distributing " 33249.93 1517 Boyer Garbage Service 6,00 1518 Midland National Bank Principal & Interest final pmt #1 14 530,00 36, 019. PUBLIC UTILITIES 939 Municipal Supply Meters 278.45 940 Northbrook Hardware #aint 4.88 941 Fairbanks Morass Liners, etc 76.49 942 Gile Tatter Plates for billing 20.45 943 Petit & Mauer Returned meter deposit 25.59 944 L. J. Jongeward " 19099 945 Allen Bagley " 5.22 946 Mpls Gas Co Utilities 11.97 947 Municipal Supply Meters 910.08 948 Belt Line Piping Service 120.00 949 Vill of B.C. General Rent and Administration 598,33 950 Postmaster, City of Mpls Reimbursement of permit #}2170 31.17 951 Oiva Penttilla Audit 535.00 952 Mutual Service Insurance 281.20 953 A. Robert Amundson Returned meter deposit 7.86 954 Northbrook Hardware Envelopes 188.80 955 Lyone Chemical Purification supplies 600,00 956 Gilbertson Block Cement 15.00 957 North Hennepin Farm Supply Water pipe 87.40 3, INVESTMENT TRUST FUND 157 Oiva Pent la Audit 307.50 158 Vill of B.C. Special Fund Construction loan 200p000.00 159 Vill of B.C. General Fund Tax Advance 50 000,00 '20,307.50 r SPECIAL FUND OT 5 Barbarossa & Sons San Sewer Constr 7,395.16 406 Commercial West Ad 85.00 407 Horbal Construction Street grading 3 408 Minder Engineering Services 3,986.40 409 Nodland Construction Water main san & strm sewer 78,557.35 410 Post Publishing Ad 46.00 411 Swanson Excavating San sewer Constr 23,172.54 412 Barbarossa & Sons Contract Vmt 29 832.95 ` 14329 GENE FUND 3818 A & B Sporting Goods Recreation supplies 123.25 3819 .American Linen Services 17.00 3820 ,Anderson Aggregates Materials 514.92 3821 Carl Anderson Convention 112.79 3822 Arbor Tree Service Services 122.50 3823 E.C. Bather and Assoc Prof Services 370.00 3824 Sam Bloom Iron and Metal Shop parts 7.20 3825 Bostitch - McClain Office Supplies 15.00 3826 Continental Oil. Lub 25.11 3827 Corries Recreation supplies 659.63 3828 C.F. Coyer & Assn Hose reel 195.00 3829 Crook and Hanley Office supplies 161.14 3830 Crown Rubber Stamp Police supplies 5.65 3831 Crystal Motors Shop partac 2.52 3832 Diebold Inc F`ileoCabixaets tr, 97.37 3833 Ward Transfer Freight on cabinets 8.18 3834 Diversified Insurance Recreation insurance 65.50 3835 Dunbar Register Office supplies 12.75 3836 Eagle Equipment Shop parts 4.76 3837 Eastman Kodak Office supplies 12.74 3838 Federated Mutual Insurance 258.22 3839 Fleet Supply and Machine Shop supplies 3.51 3840 Foote Lumber Recr supplies 22.88 3841 Gagers Handicraft " 289.10 3842 Genuine Parts Shop parts 48.09 3843 Home Gas Materials 6.75 3044 International Conf Code books 73.75 3845 Ken Ray Chevrolet Shop parts 2.34 3846 The Killmer Co Refund electric permit 2.70 3847 Leef Bros Shop supplies 1.50 3848 C.S. McCrossan Materials 154.00 3849 Mpls Gas Co Utilities 43.08 3850 Monson Chemical Building Supplies 16.50 3851 Northbrook Hardware Supplies 152.64 3852 North Star Concrete Materials 147.91 3853 Northern Automotive Police supplies 1.50 3854 Post Publishing Ads 50.63 3855 Richards Oil Materials 660.94 3856 Scherer Bros Lumber " 62.80 3857 Standard Oil Lubricants 868.75 3858 Standard Solvents Shop parts 10.00 8 Suburban Henn lit Relief Bd fund 1 1 2.8 3 59 y of Poor , 9 4 3860 Suburban Recreation Assn Recr. dues 201.00 3861 Terrace Auto Supply Shop parts 15.58 3862 Vincent Brass Engr supplies 17.22 3863 Wallace Supply Shop parts 6.86 3864 Wessner, Inc Police clothing 8.30 3865 Westinghouse Electric Building supplies 51.93 3866 Vill of B.C. Public Util Utilities 27.00 3867 Donald Poss Mileage 6.93 3868 Harlan Sheely " 19.25 3869 Allan Braun " 13.86 3870 Raymond Bruse " 17.99 3871 Roger Dobbs " 14.77 3872 Eugene Hagel " 39.69 8 " 73 Jean Murphey 47.81 3 P y 3874 Wa3bren Anderson " 13.65 3875 Clarence Canfield " 51.52 3876 Donald Stark " 44.73 3877 Walter Johnson " 43.05 3878 Harold Hannay " 6.30 3879 Louis Hartmann " 44.80 3880 Edward Kallenback Bus Driver 78.75 3881 Otis Cyrus if 78.75 3882 Glenn Kennedy Umpire 4.00 3883 Walt Niesen " 4.00 3884 Fred Mahaffey " 16.00 GENERAL FUND CONTINUED 3895 E. M. Mantey Umpire 4.00 3886 Thomas Thompson " 16.00 3887 Nat Borland " 4.o0 3888 Robert H Quenroe C.D. Badge 2.50 3889 Wm. Super July salary 80.00 3890 Carl Carlson " 60.00 3891 Howard Heck " 60.00 3892 Clifford Wellman " 60.00 3893 Victor Ehrenberg 40.00 3894 H. A, Dorff " 150.00 3895 Brooklyn Spraying Building supplies 16.00 3896 Wm. Hannah Insurance 105.46 3897 Lee Electric Police supplies 78,17 3898 Mutual Service Insurance 3,944.3o 3899 Oiva Penttlila Audit 11 3 696.50 3900 Post Publishing Ads 26.63 3901 Reinhard Bros Shop parts 10.112 3902 Allen S. Lindman Mileage 13.51 3903 Vill of B.C. Petty Cash Reimbursement 6:.07 39011 Mergens Electric Return plans 10.00 16,918.74 3917 Vill of B.C. Payroll Fund Reimbursement 17,979.511 3905 Vill of B.C. Payroll Rand " 19,722.01 PARK FUND 612 Foote Lumber Park supplies 8.00 613 Goodin Co " 93.62 $111 Heinen Sardware Repair parts 110.31 615 Howard Lumber Park supplies 11.00 616 Lindsay Bros " 16.72 617 Mpls Gas Utilites 4.90 618 Monson Chemical Park supplies 14.85 619 Northbrook Hardware " 46.11 620 Elmer N. Olson Parts 15.38 621 Post Publishing Ad 11.25 622 Post Publishing Ad 1.95 623 oiva Penttila Audit 360.50 624 Mutual Service Casualty Insurance 309.39 933.9 g