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HomeMy WebLinkAbout1961 08-07 CCM Special Session Minutest' of the Proceedings of the Village Council of the 'pillage of Brooklyn Center in the County of Hennepin and State of Minnesota August 7, 1961 The Village Council not in Special session end was called to order by Mayor William Super at 7145 P.M. Roll Call.: Carl Carlson, Clifford Wellman, Williaum, Super, Henry Dorff and Howard Heck were present. Motion by Howard Heck and seconded by Casa, Carlson to approve the minutes of the Regular meetings of July 10, 1961, snd may 24, 1961. .Motion carried. Motion by Sovard Beck and seconded by Carl Carlson to uphold the recommendation of the Planning Commission to deny the petition of Frank Cameron for a Special Use Permit to construct two apartment buildings on Lot 5, Cameron Addition. Motion carried. Application 61191 Motion by Carl Carlson and seconded by Clifford Wellman to uphold the recommendation of the Planning Commission to deny a Special. Use Permit to American tail. Co. for construction of a gas service station on the southwest corner of 69th Avenue and Lyndale. Motion carried. Application 61226 Motion. by Howard Beck and seconded by Carl Carlson to uphold the recommendation of the Planning Commission to deny a Special Use Permit to Fred Ledin to construct a 4 -plex on Lot 8 Block 2, Andrew Rock Addition. Motion carried. Application 61227 Motion by Clifford Wellman and seconded by Carl Carlsson to uphold the recommendation of the Planning Commission to approve the variance requested by Donald DuSchane, Ryan Lake Properties, to install. a "Ryan Lake Terrace" sign and place six gas lights and planters on the boulevard of Lots 1 -6, Ryan Lake Terrace, s ubject to the approval by the Village AttorZey of an agreement submitted by Mr. Du Schaae. Motion carried. Application 61230 Motion by Howard Heck and seconded by Clifford Wellman to uphold the recommendation of the Planning Commission to table the request of Schwartz Oil. Co. for a Special. Use Permit to construct a gas service station in the 7200 block on Lyndale Avenue North, more specifically described as the H 162 Of Lot 31 and all of Let 32, Aud. Sub. #309. Motion carried. Application 61231. Motion by Carl. Carlson and seconded by Hard Heck to uphold the recommendation of the Planning Commission and approve the regaest of Ralph. Luchsinger for a variance to construct a retaining wall and fan room on property located at 6500 Lyndale Avenue. Motion carried. Application 61218 Motion by Carl Carlson and seconded by Henry Dorff to uphold the recommendation of the Planning Commission and grant a variance to Don Masson for a green strip of 10 feet and allow the building to be constructed a minimum of five feet from the west line of his property located at 57th A venue and Logan Avenue. nation carried. Application 61220 Motion by Carl Carlson and seconded by Clifford Wellman to uphold the recommendation of the Planning Commission and deny a variance to Fred gum, 6006 Pearssom Drive, to construct a garage within 3 feet of the south property line. Motion carried. Application 61222 Motion by Carl Carlson and seconded by Howard Heck to uphold the recommendation of the Planning Commission and grant a variance to Henry Stuane to asks one lot out of the south 43.5 feet of Lot 9 and the north 39.5 feet of Lot 8, Block 2, Rei:dbeads Addition. Motion carried. Application 61223 �l� i Motion by Henry Dorff and seconded by Carl. Carlson to uphold the recommendation of the Planning commission to grant a variance to Mary Stine to divide Lot 2, Block 2, Reidheads Addition Into two lots, one 59' wide and the other 67 wide. Motion carried. Application 61224 Motion by Hmaxd Beck and seconded by Henry Dorff to uphold the recommendation of the Planning Commission to grant a variance to Arnold Lindblad to construct a garage one foot from the south property line, adjacent to the N.S.P. easement on Spot 5, Bergstrom's Addition. Motion carried. Application 61228 Motion by Clifford Wellman and seconded by Howard Beck to uphold the recommendation of the Planning Commission and approve the plans and location of at industrial building at 3401 48th Avenue North, Motion carried. Application 61232 Motion by Howard Heck and seconded by Clifford Wellman to uphold the recommendation of the Planning Commission and approve the proposed plat of North River Estates, described as Auditors Sub. #309., Tots 6, 7: 8, 90 10 11 and 12, said plat submitted by Roger Scherer. Motion carried. Application 61221 Motion by Carl Carlson and seconded by Howard Reek to uphold the recommendation of the Pining Commission and approve the proposed plat of Dori Wise's Estates. Motion carried. Application 61212 Motion by Henry Dorff and seconded by Carl. Carlson to declare the informal public hearing on Project loo. 1960 -60 unfavorable and to reject the bids for Project No. 1961 -4 1960 -60, and that portion of Project No. 1960-62 described as 54th Avenue forth from France Avenue to Sailor Lane, Motion carried. Motion by Carl Carlson and seconded b Henry Dorff to accept the bid of C. S. McCrossan, Inc. in the amount of 2280.90 for that portion of Project No. 1960 -62 consisting of Sailor Lane from 53d Place to 55th Avenue and to authorize the oil stabilization of Project go. 1961 -4 and that portion of Project 1960 -62 consisting of 54th Avenue North from France Avenue to Sailor Lane by Street Department day labor. Motion carried. Member Howard Beck introduced the following ordinance and moved its adoption,: AN ORDI1%= AMENDING CHAPTER 35 OF THE ORD111ANCES OF THE VILLAGE OF BROOKUN BY SING THE FARXM RI U:IRE KMM FOR RETAIL BUSINESSES, ADDING CERTAIN RE(WIRO 'NTS FOR BUSINESS DIMICTS.. ADD ALMIXG THE PERMITTED USES IN R -1 R_B B_l AND B-3 D TtICTS The Village Council of the Village: of Brooklyn Center ordains as follows: Section I. Section 35 -320 of the Village Ordinances is hereby amended to read as follows: Section -X0_• TABLE OF DISTRICT REQUIR jam' . S (Minimum RequireZents Dist lots R1 RB B1,132,' I -1 .... .... & Ba .».,.. Lot Area (Sq. Pt.) *1 MOO 9400 1:500 ' ... Lot Width (Ft.) 75 75 20 100 Front Yard Set -Baca (Vt.) *2 35 35 3 3 .2.. 39 S ide Yard Set Back (Ft-) *3 10 10 10 10 Side Yard Set -Rack Facing Street (corne Lot) 25 25 25 25 I Rear Yard Set -:back (Ft.) 40 40 25 25 Parking Spaces *4 Dwellings: l Space per dwelling unit Hospitals: 1 Space for every 3 beds Churches: 1 Space for every 3 seats Business (Other than Retail.)-. 1 Space for each 150 sq. ft. of floor area except that restaurants mast have 1 Space for each 3 seats and motels must have 2 Space fbr each unit. Industry: 1 Space for every 2 employees (Based upon maximum. plan *4 employment during any work period) or 1 Space for each 800 Sq. Ft. of floor area, whichever requirement is the greater. Retail Business: Off- street parking shall be provided on the basis of 11 spaces per 1000 square feet of gross floor space for the first 1000 square feet; 9 spaces for each 10030 square feet in excess of 1000 square feet but not exceeding 30,000 square feet; 7 spaces for each 1000 square feet exceeding 30,000 square feet. In no case shall, the parking ratio be less than 2.5 (grass parking area) to 1.0 (gross building area). El RB Bl,$2, I -1 Floor Area Ratio ,.. "I*- �'loox area to lot area) Maximum permitted .4 .4 4 6 . 4 Footnotes: el. The mluimom requirements for structures other than single family residence shall be 8,000 sq. ft. for duplexes, 1,600 sq. ft. for efficiency units, and 2,740 sq. ft• for all other multiple family units. Residential requirements are per dwelling unit. e2. Where adjacent structures have front yard set -backs different from those required, the front yard set -back shall conform to the average set Haack of the adjacent structures. If only one adjacent lot is occupied by a structure, the front yard set -back shall be the average of the required set -back and the set -back of that adjacent structure. Where a regional shopping center faces a major thoroughfare the set -back shell be 150 feet. Where an industrial district faces a residential district across a street, the front yard set -back of the industrial district along that street shall be no less than 100 feet. Set -backs along major thoroughfares shall in no event be less than 90 feet, measured from the center -line. e3. A garage must be set back at least 5 feet from a side lot line, except that a garage may be set back 3 feet from the side lot line if the garage is located 20 feet or more to the rear of the house. Where a commercial district adjoins a residence district, the set -back shall be not less than 25 feet. Where an Industrial, district adjoins a residence district, the set -back shall be not less than 100 feet. Side yard set -backs shall be no less than the height of the building. -3- 4 A. The following minimum parking are hereby adopted for all zones: Angle Space 2 Spaot Lengths Plus Width One Center .Aisle With 6 910 11 5 0 -0 4 !P J_ 9 ' 2" 48 1 -0 300 9'6" h6 Parallel 7 24'w00ne Space Length) An accurate dimensional. parking Layout which complies with the foregoing shall be submitted prior to any construction and the parking arrangement shall thereafter comply with such layout. Section 2. Section 35-332 of the Ordinances of the Villeage of Brooklyn Center is sreby amended by adding to said section a new sub- section (e) which shall, read as follows. Section 35.332. (e) Prior to any construction, the owner or developer shall submit the following to the Flanging Commission: (1) Survey drawing by a registered surveyor showing all existing conditions accurately dimensioned. (2) A Complete set of preliminary architectural drawings by a registered architect showingr Site plan (parking layerzt, landscaping,, including trees and planting size, location, species, fences, walls, lighting st4ndardss, strut furni- ture and curbs) , floor plans, elevatioaas, sect ioas, out- line specifications (including materials proposed) and any additional information that is applicable. (3) A performance agreement by a hand earner or developer that within a reasonable time to be fixed in the agreement the site improvements will be completed and providing that if such improvements are not completed within the time speci- fied the Village may construct or complete such improve - ments and assess the cast thereof against the owner. Such agreement may further provide for .standards of m'ainten'ance of the site improvements and a►uthhorizing the Village to provide such maintenance and assess the cost thereof spinst the owner if the owner fails to provide such main- tenance after notice by the Village that he is in viola- tion of such agreement. (4) A performance bond by the land owner or developer will be required to insure that the improvements set out in the site plan will be constructed but such bond shall not be required with respect to provisions of the agreement relating only to the maintenance of such Improvements. (5) The above items shall be submitted at least 10 days prior to the meeting at which the application will be considered by the Planning Commission. Section. Section 35 -3 4, pars raphs (c) and (d) are hereby tb amended sc said paragraphs (c) and (d) read as follows: Sect 3 W. The ratio of off- street perking area to gross floor area shall comply with the provisions for retail business set out in Section 35 -320. Sec 15-33 (d) The minimum der"lopmemt to qualify as a shopping center shall contain not less than 2 retail grocery store and 1 drug store. There shall be not less than 25,000 square feet of gross floor area. Section 4. Section 35 -701 is hereby amended to read as follows; Section 35.701. SINGLE FAMILY RWE=CE DWRICT (R -1) USER. -4- 43 1. PMTW USES. a. Single family dwellings. b. Churches and public and private elementary WA secondary schools, except vocational trade sahoolsp provided that any principal building shall be located 30 feet or more from amy other lot in an R -1 district. c, Roadside stands not exceeding one story in height or I..000 square feet in floor area, on premises devoted primarily to nurseries, greenhouses, and truck gardening, for the sale of trees, shrubs, plants, flowers, vegetables, fruits, and other farm produce grown on said premises. d. - Rome occupations. e. Public uses, including public recreational activities, on property owned by the Village of Brooklyn Center or other units of goverment. f. Private garages used in connection with single dwelling units and not for commercial purposes, containing not more than 6160 square feet of floor area. g. The renting of roams by a resident family for lodging pur- poses only, and for the accomodation of not more than two roomers in a single family dwelling. Section . Section 35 -702 is hereby amended by deleting therefrom paragraphs a and (d). Sects 6. Section 35- 703_ -Is hereby amended to read as Follows: c o-. -703. SINGM FAMILY MSIDWCE 1?137RICT (R -1) SPECIa USES.. of Nurseries and greenhouses, provided that any heating plant is located 50 feet or more from any other lot in an R -1 district and all incidental equipment is enclosed.. b. Public and private colleges, and vocational trade schools. c. Hospitals, rest homes and senitoriums, except animal hospitals. d. Public utility facilities, such as electric sub - stations, water pumping stations, telephone stations, and the like, provided that the facility is required in order to serve the adjacent area and that it is not l possible to serve such areas with an existing facility or to locate the facility in a less restricted land use district. e. Cemeteries. f. Duplexes and multiple dwellings. g. Temporary sales offices, provided a time limitation is specified in the special use permit and that at the end of such period all structures shall be removed or made.to conform to the requirements of an R -1 district. h. Ural.ighted ball parks located on privately owned land and not operated for profit. I. Special, home occupations. J. Other soon - commercial uses compatible with the permitted uses in an R -1 district. Section ...I. Section 35 -710 is hereby amended to read as follows: Sew 32- RESIDENCE- BUSINESS D2S"MT (R -B) P'EE HMM UgES. a. Uses listed as permitted uses in an R -1 district. b. Private, non-profit clubs or lodges. c. Office buildings. d. Medical and dental clinical services, but not including treatment of animals. e. The compounding, dispensing, or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies, prosthetic devices or items relating to wv of the foregoing when conducted in a building occupied primarily by physicians or dentists. f. Duplexes and multiple dwellings. S. Hospitals, rest homes, and sanitoriums, except animal hospitals. _g. 4 Section 8. Section 35 -720 is hereby amended to read as i'allms: Section 31-L20. LOCAL BUSIIWSS DISTRICT (B -1) PERTm USES, a. Uses listed as permitted uses in an R -B district. b. Barber shops and beauty shops, including related personal sere tes customarily carried on in such shops. c. Retail food, drug, clothing, and hardware stores, including items normally carried in such stores. dk. Retailing of incidental items compatible with stems carried in food, drug, clothing, and hardware stores providing that such uses do not occupy in aggregate more than ten per cent (10%) of the total gross area. Items listed under special uses in a B -1 district shall be con- sidered Incidental. e. Specialty stores handling items which are ac part of the stock normally carried In a retail, food, drug, clothing, or hardware store., but not Including items listed under special uses in a B -1 district. f. Davy cleaning and laundry self - service and receiving stations, processing to be permitted relative only to the same receiving station. g. Bakeries - producing goods for sale on premises only, Section 9. Section 35 -722 is hereby amended to read as follows: Section 2-'22. LOCAL: BtlsnM DISTRICT (B -1) SPECIAL USES, a. Uses listed as special uses in an R -B district. b. Retail furniture, home furnishings, and appliance stores. c. Drive -in businesses where people are served in automobiles. d. Restaurants, when no entertainment or dancing is provided. e. Servic e stations., providing they v t do wt abut a lot in an R -1 or R -B district. r f. Building construction materials other than hardware items. g. Rental equipment. h. Rummage sales. I. Automobile accessories, including the mounting of tires and the installation of batteries, mufflers, tailpipes and seat covers within a building. There shall be storage or work performed outside the building. Section 10. Section 35 -740 is hereby amended.by deleting there - from paragra 1 of subsection b and renumbering the remaining paragraphs of subsection b accordingly. r Section 11. Section 35 -742 is hereby amended by adding new subsectionsaad`W. which subsections shall read as follows: Section V-742. GENERAL BUSIOSS DISTRICTS (B -3) SPECIAL USES. c. Service stations providing they do not abut a lot in an R -1 or R -B district. d. Other commercial activities compatible with the permitted uses listed for a B -3 district. Section 12. This Ordinance shall take effect from and after its legal pub ication. The motion for the adoption of the foregoing ordinance was duly seconded, by member Clifford Wellman, and upon vote being taken thereon, the following voted in favor thereof: Carl Carlson, Henry Dorff, Howad Heck, William Super and Clifford Wellman, and the following voted against the same: None; whereupon said ordinance was declared duly passed and adopted. Member Carl Carlson Introduced the following resolution and moved its adoption: -6- 4'7 RESOLMON DIIOlf M COM KION OF CHRTAIN IFf1NESTS Ili LOD WH1 A8, the Village Engineer has advised the Village Council that certain interests in land are required for municipal purposes, including permanent and temporary easements for the construction of sewers and the acquisition of certain streets, and it appearing neces- sary that the acquisition of such interests in lW is necessary and desirable in the public interest and that the taking will be most fairly and equitably accomplished through proceeding in eminent domain. HOW TSERi W=, BE IT RFSOLVED by the Village Council of Brooklyn Center, Minnesota, as follows: The Village Attorney is instructed and directed to file the necessary petitions to acquire the interests in land as set forth in Exhibit A, which 'Exhibit is attached hereto and made a part hereof for the purposes set forth therein, and he shall prosecute such action to a successful conclusion or till it is abandoned, dismissed or terminated by the court. 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 Reek, William Super and Clifford Wellman; and the fallowing voted against the sawn: bone; whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: PYMLIVION ACCEPT33G BID AND APPROVIM CONTRACT F'OFtM WHEVM,t the 'Village Administrator and the village Engineer have reported that on July 13, 1961, at 10:00 A.M., they opened and tabu- lated bids received for Water Main Improvement Project trio. 1961-25 Sani- tery Sewer Improvement Project No. 1961•26, and Storm Sever Improvement Project No. 1962 -27, and that said bids were as follows: Barbarossa, & Sons, Inc. $164,11D.g5 Nodl,and Construction Co. 177,OOO•OO Lametti & Sons 211,637.67 Phelps-Drake Co.,, Inc. 212, 233.39 Petrawske & Ross 224,977 «25 Peter Lmmetti Construction Co. 266,144.65 NM, THMMM, BE IT RESOLVED by the 'Village Council of the Village of Brooklyn Center, that the bid of Barbarossa & Sons, Inc. in the amount of $164,].10.25, as to furnishing all work, labor and material in connection with Water Main, Sanitary Sewer, and Storm Sewer Improvement Project Nos. 1961.25, 1961 -260 1961 -27, according to the plans and speci- fications 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 Carl Carlson, and upon vote being taken thereon, the following voted in favor thereof: Carl Carlson, Howard Heck, Henry Dorff, William Super and Clifford Wellman, and the following voted against the same; Done; whereupon said resolution was declared duly passed and adopted. -7- 49 Member. Clifford Wellman introduced the following resolution sad moved its adoption: RESOLUTION OP CORRECTION OF SPECIAL ASSESSMENTS FM SANITARY TI+nERCEPTOR ON PARCELS 8600, 8710 AND 8W aARCELON'S ADDITION TO MnWAPOLIS WHEREAS, the location of the Freeway has made it impnaeible to serve parcels 8950 and south half of parcels %00 and 8710, Garcelon's Addition to Minneapolis.. Plat 89385, with sanitary sever laterals into the east side sanitary interceptor system, and j WHEREAS, the properties in question can be served on Sanitary Sewer Lateral, Protect 1961 -7 on 55th Ave. North from 4th Street to 225' Fist, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, to cancel from the Hennepin County tax rolls the special assessments for Sanitary Interceptor on parcel 8950 and to correct the Sanitary Interceptor levy on parcels 8600 and 8710 to be applicable to the rear 12, square feet of each lot. l BE IT FURTHER RESOLVED that the County Auditor is authorized and I directed to accept the revised levy on Parcels 8600 and 8710 for the years 1962 to 1980 s d to abate the full amount on Parcel 8950 and the difference on %00 and 8 710 as follows: To be assessed: Parcel Total Princi al Annual. Princi i MM 197 - (1962 -3.980 8710 197.75 9.89 (1962 -1980) To be abated: Parcel Total Prin al Annual. Prin Abatement 9 � ` - *9� W4 50 8 10 ? 194-21 9.71 184.50 8 950 176.53 8.83 167.70 I The Village of Brooklyn Center shall refund to the property owners the amount of principal and interest paid on the 1960 - payable -im -1961 taxes which a to . 1 he onion -of the assessment to as ap a men abated follows: . P f Parcel principal Interest Total. 9. 1x.5 6 W-x 8710 9.71 14.56 24.27 8950 8.83 13.29 22.1.2 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PAYMENT TO BELGARDE CONSTRUCTION CO. FOR CONSTRUCTION OF SANITARY r ATERAL ON BEARD AVEWS NORTH PROM SAY TO 66TH AVEm Nwa WHEREAS, it was necessary for the Belgarde Construction Company to construct a lateral line at their cost of $665.00 on, Beard,Avenue North from the Freeway to 66th Avenue* North to serve Lot 1, block 1, Brooklane Addition, and WHEREAS, Lot 2, Block 1, Brooklma Addition,ie connected to the interceptor on 66th Avenue North, and -8- WHEMM.. it is the policy of the Village to allow a corner lot connected to the interceptor to share the cost of lateral coaastructioa on Worth -South streets by transfer of funds, THF,`REFORE, HH IT IMSOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, to authorize payment of the difference be- tween Belgarde Construction Company cost ($665.00) and one sever coonectiem cost {the accumulative average lateral cost of West Side Construction apr proximately $370.00) from the Public Utilities Funds.. and to credit Lot 1 Block 1, Brooklane Addition, with a paid sewer connection. The motion for the adoption of the foregoing resolution was duly seconded by member Carl Carlson, and uxcn vote bei� te1con 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: done; whars- upon said resolution was declared duly passed and adapted. Member Henry Dorff introduced the following resolution and moved its adoption: SOLUTION AUTHORIZING AlP)!iD TO ROY RUDALMW FOR OVERPAY:Mw OF SPECIAL '&W WMAS, the Village of Brooklyn Center received $121. over- payment of Special. Assessments from Mr. Roy Huddleston, 5325 Camden Ave. Forth, cc July 12, 1961, on property described as that part of the 1 60 1 lying E of W 150 of Lot 6, Block 3, Bellvue Acres, Plat 89225, Parcel 3625, BE IT AE OLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: A refund to Mr. Huddleston of $121.92 is authorized and ' directed to be made as Follows: Levy i6o1, Storm Serer #1 $ %.72 Levy 1912, Sanitary Sever 55•A �� ' .9 I The motion for the adoption of the foregoing resolution was duly seconded by member Wellman, and upon vote being taken thereoan, the following voted in flavor thereof: Carl Carlson, Henry Dorff, Howard Heck, William Super and Clifford Wellman, and the following voted against the same: None; whereupon said resolution was'declrared duly passed and adopted. Member Carl Carlson iantroduc4d the following resolution and moved its adoption RESOLUTION RELATING TO THE ISSUANCE OF PEN41TS UNIM THE PROVISIONS OF KnMOTA LAWS OF 1961, CHASER 735 (MIN - NESon STATu SE ion 34o.14 UBD. WAS, Minnesota Laws of 1961., Chapter 735, confers upon the State Liquor Control Commissioner the authority to grant or deny permits for the operation of establishments commonly known as "bottle clubs," and such statute also appears to grant to the Liquor Control Commissioner the power to either grant or deny permits for the practice known as "spiking" in public places where intoxicating liquor is not sold and WHEREAS, municipalities in the State of Minnesota traditionally have been vested with the power to license and regulate the sale of intox- icating liquor, and its consumption in public places, and WHWAS, the regulations of the various municipalities throughout the State of Minnesota vary from place to place, depending upon the needs and traditions of the community and the wishes of the inhabitants thereof,and WHEREAS, the granting of a permit for a "bottle club" or "spiking" establishment, without prior consultation with local municipal officals, -9 would create the danger of (a) violating established liquor - regulation pat- terns and policies in the community, (b) violating the wishes of the in- habitants of the community, (c) violating local regulations or policies on such matters as planning earning, plumbing, sanitation, traffic control sad related matters, (d) imposing an uranti.cipated and inordinate policing and law- enforcement problem on the community, and (e) otherwise adversely affecting the accomplishment of Legitimate objectives of the local coM munity; NC d.. TBEMORE, BE 1T RZSOLVED by the Village, Council o f the Village of Brooklyn Ceuter, as follows: I. This Council urge. --tly reil.eets that the State Liquor Control Commissioner c:or. .� v :..:s 'j.e:;�l Jp�dii . >; be V of this community before taking final action up-nu =j a7pl.icrtt;iot: for ao i permit which would be used within this community under the r. rovis ices of 111;:n :rota gams of 1961, Chapter 735, and that he give thn Local. goveruiiog body a reasonable length of ti,me`'to make an investiptioa• and. to ex�rQ4n to him its views on the question of whether such permit should be Vrn)atc:l or denied. 2. The State Liquor Control Commissioner is hereby urged to,give the greatest possible consideration to the wishes of the lam governing body t with reference' any -such application, so as to avoid any of the difficul- ties, relating to the welfare of this cawaunity, of the type hereinbefore mentioned. 3 . The Village Clerk is hereby a and direated to forward certified copies of this resolution to the State; Liquor Control. Commissioner of the State of Minnesota and to the Governor of the State of Minnesota. The motion for the adoption of the foregoing resolution was duly seccaded 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; vhexwupm said resolution was declared duly passed and adopted. Member Henry Dorff introduced the following resolution and mrMd its adoption RESOLUTION PROVIDING FOR PU=C HEARING ON ED STREET DIPROVOM NO. 1 �[ 96 1 -42 WHEREAS, it is proposed that there be constructed a Joint Village of Brooklyn Center - Hennepin County Street improvement consisting of the k following: CONISMCTION OF GRADING,,, SSE, SUPPACM AND BRI:I7GE SMUMBES ON 58TH AVENUE N (COUMY i TRUNK RMRWAY #10) BETWEEN STATE TRUNK HMHWAY NO. 152 and STATE TRUNK HIGRWAY NO. 100 WMWM, the Village Engineer has made a preliminary report ad- vising that said improvement is feasible and that it can be constructed at a total estimated cost of $247, 664.40. WOW, TIMU7ORE BE IT RESOLVED by the Village Council of the Village of Brooklyn Ceuter, Minnesota, as follows- 1. The Council proposes to proceed under authority granted under Chapter 398; Lava of Minnesota, 1953, as amended. 2. A public hearing on a proposed improvement shall be held at the Village Sall in the Village on Monday, the 2Bth day of August, 1961, at 8 o'clock p.m., and the Clerk shall publish notice of the time and place off` -- hearing by two w ekst publication in the official newspaper of the Village. 3. The area proposed to be assessed for said improvement is as follows ALL PARCELS OF PRO t`Y ABMTING ON THE ABOVE NAM STREET WHEF2 THE i'ROJ= IS TO BE CON�SRUCTED -10- 1►....__---.__._. 4. This proposed shall designated Street L*rove- ment No. 1961 -42. The motion for *,he adoption c)f the foregoi re 1utimi was duly aecon ed by member Clifforde , su vote Be ti* thee, the , :#'ollowing voted: in favor thereoft ; furl rarlson, -Henry O&V, Rmard Heck, William Super and Clifford Welli agi-a •the f0ll*ing4 d ain.st the same: Nuns; whereupoA said resolution Was- d�lgred duly, *seed and adopted, i Member Howard Heck introduced the.Following resolution and moved its adoption: T1 t,T, r,,.. x V ,r � P UBLIC W,RaG ON �' C. +1 C �..:L3) +� =,'qt r, �� ( %C�:'l. 1 WMI;2'16, it is pn. ;!ozrd trot thc-ww be constructed an .improvement LM consisting of 'the .fo llowi.i -: �' tl C4 COWS RE3CTICN OF CURB AND GUTTER .ON H AVENUE NORTH (COUmy TRUNK HrAWAr ;�lq.� STATE TRUNK HIGHWAY R. 152 AND F ff# Tg TRUE N,MRWAY N0. 100 MMS, the 'pillage Engiaeer has made a preliminary, report ad- vising. that said proposed _Uvrovemient is feasible and ttAt it tan 'be 600 - structed at an - estimated cost of $5 5 ,219. HCW, THEREFORE BE IT Rya OLVP, by the ViUap Council of the Village off` Brooklyn, Cater, Minnesota, to foils. 1. The Council proposes td proceed under authority granted by Chapter 398, Laws of Minnesota, as amended: 2. A public hearing on the proposed',improvement shall be held at the Vill age 8a1S irf the Village on Monday, tk a th ,•day of August, 3. 961, at $,;15 ©'clock p,m.�, and the Clerk shall'"publish notice of the time and place of bearing - by tiro. weeks publication in the official newspaper of the 'pillage 3 The artai proposed to • be assessed for said improvement is as follows': ALL PARCELS OF PROPERTY ABUTTING, ON TgE, ABOVE , MMD STREET WkERE ISE PROJECT IS TO BE CCMRUCTED 4 . This proposed imprv*ement shall be designated Carb and Gutter IMprovemept NO 1961 The motion for the adoption of the fo regoing resolution was duly se±eonded b member Carl' C.arls On and to bein e e ow Y , upon vo ing taken t th foll voted in favor thiereof: Carl Carlson, Henry Dorff, Howard Heck, Willfsm . Super - and - Clifford Wellman, 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 FCR PUBLIC REARING ON PROPOSED STORM BOWER IMPROVEMENT NO. 1961 -44 WHEREAS, it is' proposed that there b6- constructed an imprdvement consisting of following: CONSTRUCTION OF STORM SEWER'IATERALS TO SERVE THE 'FOLLOWING AREAS: LOTS 444 4 46, 47, AND 48 OF Ammon sUBDrvL%icN • N0. 236; L� Lm 7, ' 9 , 31, 33 LC , 34 and PART OF T 61 AUDITORS St)EDI IOIT FAO. 218. WHEREAS, the Village - Engineer. has made s. preliminary report ad- vising that said proposed lmprovenhent;,is feasible and that it can be con - structed at an estimated c ost pg $73,821.01. " -ll� NOW, T t1 8E P ; OI.VED by' tbi Village Council of the Village of Brooklyn Center, `Mitmeota, as f6llows: 1- The Coaucil p=apo " to proceed under authority., gm "d by Chapter 398, Laws of Minnesota, asp amended. 2. A p0ai+e ' heairing . an' the .proposed improveme4t�,, shall be held at the Village Hall in the V illage on Hooday, the ,�a`,,th day o f August, 1 961, at 8:00 o'clock pap.,, and the Clork shall notice of the time and place of hearing `by -'two weeks* publ,icatift it the official ..newspaper of the Village.. .. . 3 The iwea ' proposed to be assessed for said i rovemeq� is as follows: : ALL pARCEtS OF PROPERTY WSCRIDED ABOVE This propos od improvement shall be dts ignited Storm Sever Improvement Wo. 1961 44. s The motion. the 'adoption of the foregoing resolution was duly seconded by member Howard Beck, alnd upon Vote • bei ug taken thersson, the following voted is favor thereof: C rl Cgrlson, Henry,.Dorff, Howard HOck, William Super and„'Clifford, W611man, and the following .voted against the same: ate; whereupon said resolution was deW„si►red duly paaseg and adopted.: Member Ctrl Carlsson introduded *be following resolution and moved its adoption: RESOLMON PROVIDIW FM PUHLIC HEARIIK# ON PRWOSED WA'T'ER W* 1961,41 WFIEREAS, ; it is .'proposed that' there be constructed an improvement copsisting of the fbllowing: ' COWTRUCT ON OF WATER M4 ON NCKH LILAC MIVO FROM 6 n An. N m W)WOMWAM TO ,CANS AVE: 90, . WMMEAS, the Village Engineer has made a prelimia y report ad- vising that said proposed improvement is feasible and that it can be con - struc±ted at as _estimated cost of $8 W THLR3kRE. BE 1T RESOLVED by the Village Council ''6f the Village of Bi q'oklyn Center, Minnesota as foll,ove: 1. `:Tne..Conseil proposes to proceed under authority granted by Chapter 3981 Lssss3 of Minnesota, 1953, as amended. 2.' A public hearing on the proposed improvement shall be held at the Village Hall in the )Pillage on Monday, the 28th day of August, 1963., at 8 ;00 oIclock plat., and the clerk shall publish notice of the time and place of hearing by two�'veeksI publication in the official newspaper of the Village. " the wea propos to be assessed' - . for,, said improvement is as folbws i ALL PARCELS OF PROPERTY ABLMING ON THE ABOVE STRUT WHERE THE PROD= IS TO BE CONMUCTED. . 4. Thin proposed: improvement shall be designated Water Mahe Improvement'ProJ00 No. 1961 -41. The motion for, the. adoption of the foregoing resolution was duly seconded by`member Henry Dorff, and upon vote being taken thereon, the following voted in favor thereof: Carl Carlsbal, Henry Dorff, Howard Heck, , Willi= Super and Clifford Wellman, and the following voted against the same: None; whereupon.sad resolution was declared duly passed and adopted. -12- 55 Motion by Carl Carlson and seconded by Clifford We] laaan to approve the followits applications for licenses: Beati Licenses Larson -Mao Company'' m t 6032 W. 37th St,.. Mill City Heating Co. 13005 County Read w6 Pierre Aircon Co. 1322 Rice St., St.. Paul Plumberts Licensers J. Collins .Plumbing `$tg. 2413 West B dway .. Frank P. Sure a 4141 Zenith Avenue 10. Stein's, Inc. Shakopee, Minn. Motion carried. Motion "by Surd Seek and seconded. by .Henry Dorf'f to retain Diva Penttila' for the 1961 audit of Village records. Motion carried. Motion by Carl. Carlson and seconded by Havard Heck to accept the Mice Report for thew=month of May, 1961. Motion curried. Member Rotrard Reek introduced the following resolution and moved j its adoption: I RSSOLUT'ICH AMMMM SETTUNW OF MCIPECI WAS, on Deiconber 28, - 1964 the Village Council suspended Jams, Fischbach, Manager of Liquor Store #l, and 'WMWUS, subselquent thereto the ' Village Coil undertook ren o".1 proceedings pursuant to the Veterans Preference Law, and I WHUM prior, to submission of the issues to' the hearing board. the Village Council terminated suah proeeedings'on the grounds,that. the Veterans Preference Act did not apply to the position of Manager of -Liquor Store .#11 and WHEREAS, on March 6, 1961 the 'Village Council permanently terminated the employment of such manager, and WBEREAS, said James I Fischbach thereupon *amenced.& proceeding against the Village ulaimin among other things, that he was entitled to the protection of the Veterans Preference Act, and WMMW, the parties desire to amicably resolve and settle the foregoing dispute without either party conceding the correctnew of the posi -, tion of the other party,. and WRMWAS, the fallowing settlement has been recd enderd by the; attorneys for the village, NW, TKMV '()HE;, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows :' 1. in full settlement of all claims of said James Fischbach against .tbe Village of Brooklyn Center.and against the members of the council thereof, f Janes Fischbach shall be paid the following sums: (a) Salary for the period from December 28, 196o rip to and including March 6, 1961, in the amount of $1136.64 (b) Uureimbursed mileage expense in the amount of 51.24 The foregoing shall be in addition to accrued vacation pay previously au- thorised and paid to said James.Fischbach in the gross amount of $296.00. 2• As a part of the foregoing settlement, the.ebArges and pro» atedings by said James Fischbach against the Village 'of Brooklyn Center and the members of.the g©irerning body thereof sbAll be dismissed and terminated with prejudice and in consideration of the foregoing, the charges and pro - ceedinge by the Village "of Brooklyn Caateer- against said Fames Fischbach are hereby dismissed and terminated'with prejudice. 3. Officers of"the Village and the attorneys are 'hereby author- iced and directed to execute the neeesssry instruments to effect such settle- pent igeluding the execution of dismissals with prejudice without cost to either party. The motlon for the adoption of the foregoing resolution was duly seconded -13- 57 y by member Clifford Well =m.. and:. upon vote WU9.t&kOU thOreron, the f011twing voted in fervor thereof: Itarsrd Reck'p WillUm Sj4*r and ClIfford WelIMM $ anon, the following , voted against the same z Cara. Carlson and Reary Dorf", 'whereupon said resolution was declared duly' passed and adapted.. Motion by,Carl qarls ia* and Seconded bj Harard 8ech to adjourn, Motion carried. The meet ztg. adjourned at 11:10 A.M. E. r f f ` i j . M .r s "z� CEL PURPOSE OF .'10 TAKING INTEREST ACQUIRED DESCRIPTION 1 1 Street Purposes Fee simple absolute East 33- feet of Lot 41 Auditors Subdivision 309, Hennepin CountYp Minnesota. Construction and A permanent easement A 6o foot wide easement over the maintenance of �or installation south 60.0 feet of the north underground and maintenance of un- feet'of Lots 41 and 42 Auditors utilities dergro . und utilities and Subdivision,309., Hennepin County, ppurtenances t)iereto. Minnesota (the north line of said No building 'shall be lots 41 and 42 being the center- cbnstructed"And no trees line 73rd Avenue North.)-,. planted theAon by the land owner, but this easement does not exclude other uses of the land within the easement which do npt interfere with the oper�tion and maintenance of the utilities Construction and A permanent easement for A 10 foot wide easement aver the maintenance of the installation and north 10.0 feet of the south 21.0 storm sever maintenance of under- feet of Lots 41 and 42 Auditors ground utilities and Subdivision 309, Hennepin County, appurtenances thereto. Minnesota, as measured along the No building shall be east and vest lines thereof. constructed no trees planted ther6on by the land owner but this easement does not exclude other uses of the land within the easement which do not interfere vith the operation and maintenance of the utilities. Construction. An easement to facilitate Temporary construction easement purposes construction of under- over the north 5.0 feet of the ground utilities on the south 26.0 feet and the north 10.0 abutting permanent ease- feet of the south 11.0 feet of Iment. The temporary ease- Lots 41 and 42 Auditors Subdivi- ment to expire January 1, sion 309, Hennepin County, 1 9 6 3, ind the surface to be Minnesota, as measured along restored to the condition the.east and vest lines it was in prior to the ;thereof. use thereof. 2 Street� Fee simple The vest 33-0 feet of the north. 16 3-35 feet of Lot 39 Auditors Subdivision 309, Hennepin County, Minnesota. (The north line of said Lot 39 being the c of 73A A*enue North-) 3 Construction and A permanent,easement for A 60 foot wide utility easement maintenance of the installation and over Lot,43 Auditqrs Subdivision underground maintenance of under- 3 Co., Minn. the cen- utilities ground utilities and ter line of which is described as appurtenances thereto. follows-. Beginning at a point on No building shall be the east line of said Lot 43,dis- co*stracted no trees tent 333- feet south of the north- plinted by the east corner thereof (said northeast land owner but this comer being on the centerline of easement does not ex- 73rd Ave- North) vest along clude other uses of the a line parallel with the north line land within the easement of said to-a'zoiut 527-31 EXHIBIT A PARCEL PURPOSE Or NO. TAKING INTEREST ACQUIRED DESCRIPTION which do not interfere feet west of the east" l.itne of Lot 41 with the operation and Auditors subdivision 349, Hennepin maintenance of the County, Minnesota., thengro south to a utilities'. point on the south line of said Lots 43, distant 327.; feet vast of the northwest corner of Lot 40 Auditors Subdivision 309 Hennepin County, Minnesota, and there terminating., Construction and Permanent easement for A 10 foot wide easement over the Mai.nt6 nce of the maintenance of storm north 10.0 feet of the south 21.0 storm suer sewer and appurtenances feet of the east 43.25 feet of Lot thereto. No building shall '43 Auditors Subdivision 309, be constructed and no trees Hennepin County. as planted thereon by the land measured along the east and v4zier,ibut this easement south lines thereof. does net exclude other uses of the land within the easement which do not in- terfere with the operation and maintenance of the utilities , Construction An easement to facilitate Temporary construction easement purposes construction of storm sewer over the north 5.0 feet of the utility on the abutting south 26.4 feet and the zkorth permanent easemenj The 10.0 feet of the south 11.0 feet temporary easement to ex- of the east 43.25 feet of Lot 43, pire aan.l, 1963, and the Auditars_Subdivision 309, Henne surface to be restored to pin County, Minnesota, as mea; the caonditioki it was in sure& along the east and south prior to , the use thereof. lines thoreof. Construction and A permanent easement for the A 10 foot wide easement over the maintenance of installation and maintenance west 10.0 feet of the east 46.0 storm sewer of storm server utility and feet of the north.303 «4 Feet of appurtenances thereto. No Lot 43 Auditors Subdivision building-shall be constructed 309, Hennepin County, finnesota, and no trees planted thereon as measured along the north and by the land owner, but this east lines 'thereof (the Borth easement` does not exclude line of said Lot 43 being the Other uses76f the land within centerline of 73rd Avenue the easement which do not in- North.) terfere with "'the operation and maintenance of the utilities... Construction An easement to facilitate; The west-5-0 feet of. the east,, purposes construction of underground 51.0 -feet and the west 10.0 utilities on the abutting feet of the east 36.0,feet of permanent easement. The the north 303.0 feet of Lot 43, temporary easement to Auditors subdivision 309, Herne- expire January 1, 1963, and pin County, Minnesota, as mea- the surface to be restored sured along the north and east to the condition it was in lines thereof (the north line prior to the use thereof. of said Lot 43 being the centerline of 73rd: Ave. No.) 4 Street Fee simple. absolute The east 33 feet of Lot 40 Auditors Subdivision 349, Hennepin County, Minnesota. EXHIBIT PARCEL PURPOSE OF R0. TAKI1(G T APQUTRED DESCRIPTION Construetion�apd A permanent easement for A 30 foot wide easement over the` maintenance of the installation and west 30.0 feet of Lot 40 Auditors underground maintenance of under- Subdivision 309; Hennepin C©unty, utilities ground utilities and Minnesota* appurtenances thereto. No building shall be constructed and no trees planted thereon by the land Winer, but this easement does not exclude other uses of the land within, the easement which do not interfere with the operation and maintenanee of the utilities Construction and A permaxent,easement for A 60 .0 fe wide easement over Lot maintenance of the installation and 40 Auditors Subdivision 309, the underground maintenance of sander -' centerline of which is described utilities ground utilities and as follows Beginning at >ad point appurtenances thereto. on the east line of said Lot 40 No.build ing shall be distant 151.16 feet north of the a nstraacteC thereon by southeast corner of said Lot 40 the land ovner, but this thence west to a point =on the easement does not exclude west line of said Lot 40 distant other uses of the land 150.02 feet north of the south- within the easement which west corner of said Lot 40. do not interfere with the operation and maintenance of the utilities. Cons tructipn and A permanent easement for A 60 foot wide easement over the maintenanat of the installation and east 60.0 feet of the west 357.10 underground maintenance of under - feet of Lot '40 Auditors Sub- utilities- ground utilities and division 309 Hennepin County. appurtenances thereto. No building shall be constructed and no trees planted thetAon by the land owner, but this easement does not exclude other uses of the land within the easement which do not interfere with the operation and maintenance of the utilities. 5 Street simple absolute The east 30.0 feet of the south 1/5 of the east 1/2 of Lot 1 Mendenhall's Ontlots as contained, in section 36, Township 119, Range 21. EXHIBIT