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HomeMy WebLinkAbout1959 09-08 CCM Regular Session Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota, including all accounts audited by said Council September 8, 1959 The Village Council met in regular session and was called to order by Mayor William Super, at 8:09 P.M. Roll Call: Ma or Super, Clifford Wellman, Carl Carlson, Wayne Gageby were Y present and Clerk Russ Jones was absent. of The e at t meeti was Th Mayor announced tha he e Y nS op en for the con si d eration proposed Sanitary Sewer Improvement No. 1959-45,, 46 and 4 7. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official news- e the last publication being on A ugust 1 affidavit was examined r h s 27 959, which a paper, p g � 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 Wayne Gageby introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF S SEWER OVEMENTS N0. 1 - A�T:C[TAR�t IMPR 959 , 46, 47 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota as follows: 1. It is hereby determined that it is necessary and for the best interests of the village and the owners of property specially j benefited thereby that the following improvement shall be constructed. Sanitary Sewer Improvement No. 1959 -45: I Sanitary sewer lateral on Emerson Avenue North from Northern States Power Easement to 59th Avenue. the estimated cost of which is $8,430.97 I Sanitary Sewer Improvement No. 1959 - Sanitary sewer lateral on Colfax Avenue North from the Northern States Power Easement to 55th Avenue North. the estimated cost of which is $12,968.20 Sanitary Sewer Improvement No. 1959 -47: Sanitary sewer lateral on Irving Avenue North from Northern States Power Easement to 55th Avenue North including extensions thereof on 55th Avenue North from Irving Avenue to a point 155 feet East thereof, and on 57th Avenue North from Irving Avenue to a point 130 feet West thereof. the estimated cost of which is $14,440.86 2. The plans and specifications for said im4povement shall be prepared by Village Engineer. 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: William N. Super, Carl Carlson, Clifford Wellman and Wayne Gageby and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Carl Carlson and seconded by Wayne Gageby that the recommendation of the Planning Commission to grant a special use permit to Frank A. Olson to operate a beauty shop in the basement of his home at 5857 Colfax Avenue North, be granted with a stipulation that the permit is non - transferable. Motion carried. Motion by Carl Carlson and seconded by Wayne Gageby to grant a variance to Melton J. Blomquist to build a garage and breezeway at 6412 Fremont Avenue within 4 feet of his property line. Motion carried. Motion by Clifford Wellman and seconded by Carl Carlson that a variance be granted to L. Jumers, 4901 Zenith Avenue to divide lot 7 and the east 50 feet of lot 8, block 2, Brooklyn Manor, so that he may construct a new home thereon. Motion carried. Motion by Wayne Gageby and seconded by Clifford Wellman that a variance be granted to H. H. Barnett to build a single- family dwelling on lot 12, block 3, Linden Shores on Twin Lake Addition, and that a setback of 15 feet from 51st Avenue be permitted. Motion carried. Motion by Carl Carlson and seconded by Wayne Gageby to grant a variance to Robert J. Ryan at 5725 Dupont Avenue North to build a garage within 3 feet of the MP Company right- of-way line. Motion carried. Motion by Wayne Gageby and seconded by Carl Carlson that the petition for a special permit submitted by A. N. Wangstad & Sons to construct two - family dwellings along the South side of 63rd Avenue North from June Avenue to France Avenue be denied, because the proposed use does not fit into a single - family residential area. Motion carried. Motion by Wayne Gageby and seconded by Clifford Wellman that the Village Council minutes of August 4th, August 11th and August 25th be approved as recorded. Motion carried. Motion by Clifford Wellman and seconded by Carl Carlson to approve the final plat of Elsen's City View 2nd Addition, subject to compliance with the platting ordinances. Motion carried. Member Carl Carlson introduced the following amendment to the building code ordinance and moved its adoption: AN ORDINANCE RELATING TO CERTAIN CONSTRUCTION MUIEU24ENTS AND AMENDING THE BUILDING CODE OF THE VILLAGE OF BROOKLYN CENTER. THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CEWER ORDAIN 1. A new section entitled Section 3 -302 is hereby added to the village ordinances and shall read as follows: Section 3-302 VARIANCES FROM UNIFORM BUILDING, CODE. The following variances from the Uniform Building Code as adopted in Section 3 -301 are required: 2 _ (a) With respect to the maximum span allowed for floor joists, delete from Table 25 -0 of Chapter 25 of the Uniform Building Code Column 2 in each of the groups 1 through. 4. (b) With respect to sheathing as set forth in Chapter 28 Section 2202 of the Uniform Building Code, Type V buildings which are one or more stories in height shall have all exterior walls covered with solid sheathing and shall be of the following thicknesses: wood 25/32 of an inch, plywood 5/8 of an inch, fibreboard 25/32 of an inch, and shall comply with other details of the Uniform Building Code. Gypsum sheathing shall not be used for exterior sheathing. (c) With respect to plywood covering two or more spans, in Table No. 25 -N of Chapter 25 of the Uniform Building Code, delete 5/16" and 3/8" plywood from such table. Adequate blocking or edge supports must be provided when the span exceeds 16" O.C. and 1/2" plywood is used, when such span exceeds 25" O.C. and 5/8 plywood is used, and when such span exceed 32" O.C. and 3/4" plywood is used. 2. This ordinance shall be effective from and after its publication. The motion for the adoption of the foregoing ordinance was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor there- of: William N. Super, Clifford Wellman, Carl Carlson, Wayne Gageby 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: RESOLUTION CORRECTING PUBLICATION ERROR WITH RESPECT TO THE ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER ADOPTED BY THE VILLAGE COUNCIL ON NOVEMBER 5, 1957 BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER AS FOLLOWS: 1. On November 5, 1957 the Village Council adopted an ordinance entitled: "AN ORDINANCE REPEALING CHAPTER 35 OF THE ORDINANCES OF THE VILLAGE OF BROOKLYN CENTER, SAID CHAPTER BEING KNOWN AS THE 'ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER', AND ENACTING A NEW ZONING ORDINANCE TO BE KNOWN AS CHAPTER 35 OF THE ORDINANCE OF SAID VILLAGE" 2. Said ordinance was thereafter published in the official news- paper of the Village of Brooklyn Center as provided by law, said publication occurring on the 19th day of December, 1957. 3. It has been called to the attention of the Village Council that the publication of said ordinance omitted clause "c" in Section 35 -710 which clause reads as follows: "e. Multiple - family dwellings" 4. For the purpose of ins�.•ing adequate publication of the aforesaid clause "c ", Section 35 -710 shall be re- published in its entirety including the omitted clause. 5. The clerk is hereby directed to publish this resolution and the text of Section 35 -710 as originally adopted by the Village Council on November 5, 1957 as follows: 3_ " Section 35 -710 monaCR - BuSIlrms DISTRICT (R -B) PERMITTED USES. a. Uses permitted in the R -1 Districts b. Two- family dwellings (Duplexes). c. Multiple - family dwellings. d. Clubs or lodges - private, non- profit. e. Medical and Dental services. f. Professional offices and hospitals, sanitoriums and rest homes. g. Office buildings." Motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: William N. Super, Clifford Wellman, Carl Carlson and Wayne Gageby and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member Clifford Wellman introduced the following amendment to Section 35-710 of the village ordinances and moved its adoption: AN ORDINANCE ENLARGING THE PERMITTED USES IN RESIDENCE - BU,SINESS DISTRICTS AND AMENDING SECTION 35 -710 OF THE VILLAGE ORDINANCES THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DOES ORDAIN: Section 1. Section 35 -710 of the Village ordinances is amended to read as follows: " Section 35710_ RESIDENCE - BUSINESS DISTRICT (R -B) PERMITTED USES. at Uses permitted in the R -1 District. b. Two- family dwellings (Duplexes). c. Multiple- family dwellings. d. Clubs or lodges - private, non- profit. e. Medical and Dental services. f. Professional Offices and hospitals, sanitoriums and rest homes. g. Office buildings." Section 2. This ordinance shall take 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 thereon the following voted in flavor thereof: William N. Super, Clifford Wellman, Carl Carlson and Wayne Gageby., and the following voted against the same: None; whereupon said ordinance was declared duly passed and adopted. Motion by Clifford Wellman and seconded by Wayne Gageby to uphold the recommendation of the Planning Commission to rezone the property of Joe Johnson from I -1 zoning to R -B zoning to permit the construction of multiple dwellings. The above property is described as Parcel 5100, of Section 10, T. 118, R, 21. Members Wayne Gageby, Clifford Wellman and William Super voting yes; and member Carl Carlson abstained from voting. The motion was declared lost because a two thirds affirmative vote 'of the entire council is required on rezoning amendments. Motion by Clifford Wellman and seconded by Carl Carlson to approve the following licenses: ELECTRICAL: Electric Repair Construction Co. 424 Washington North G. Russell Johnson 4944 Xerxes North Donald L. Underwood 8425 Westwood Road North _4- HEATING: Holland. Furnace Co: 574 Germain Street - St. Cloud Lamb Plumbing & Heating 103 Washington Avenue North Matte Heating - C R. Maue 6160 - 77th Avenge North Midwest Sheet Metal 340 Taft Street North East Oil Burner Service Co., Inc. 315 West Lake Street Cecil C. Bodin PLUMING: Cecil C. Bodin 8801 - 2nd Avenue South R. L. Deming & Son 271+ East 42ad Street Ehrnreiter Plumbing Co. Route #1, Wyoming, Minn. Lamb Plumbing & Heating 103 Washington North Lund & Spetz Plumbing Co. 3801 Chicago Avenue Spencer Air Conditioning 807 - 13th Avenue Bouth WELL DRILLING LICENSE: Aamot Well Drilling Co. 8528 Pillsbury Avenue Orgon Bernon Route 3, Osseo, Minn. Torgerson Well Co. 1+12 - 15th Avenue North Motion carried: Motion by Clifford Wellman and seconded by Wayne Gageby to approve the attendance of Frank Smith at the A.W,W.A. Convention in Minneapolis and authorize the expenditure of $15.00 for registration fee. Motion carried. Motion by Wayne Gageby and seconded by Clifford Wellman to authorize the attendance of Eugene Hagel to the National Recreation Congress at Chicago and authorize the expenditure from the recreation budget of approximately $75.00 for convention expenses. Member Wayne Gageby, Clifford Wellman and Carl Carlson voting aye; and Mayor Super voting no. Motion carried. Member Clifford Wellman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FCR PUBLIC HEARING ON PROPOSED STREET SURFACING IMPROVEMENT NO. 1959 -30 WHEREAS, it is proposed that there be constructed an improvement consisting of the following: Street surfacing on 65th Avenue and 66th Avenue from Osseo Road to baeklot line between Drew Avenue and Chowen Avenue; and on Ewing Avenue and Frew Avenue from 65th Avenue to the North line of Brooklane Addition and France Avenue from Osseo Road to the North line of Brooklane Addition. WHEREAS, the village engineer has made a preliminary report advising that said proposed improvement is feasible and that it can be con- structed at an estimated cost of g Now., THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The council proposes to proceed under authority granted by Chapter 398, Laws of Minnesota, 1 953, as amended. _5_ 2. A public hearing on the proposed improvement shall be held at the Village Hall in the village on Tuesday, the 22nd day of September, 1959, at 8 :00 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 for said improvement is as follows: All lots and parcels abutting thereon. 4. This proposed improvement shall be desisted Street Surfacing :Improvement No. 1 959 -30 The motion for the adoption of the foregoing resolution was duly seconded - by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: William N. Super, Clifford Wellman, Wayne Gageby and Carl Carlson,, and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Carl Carlson and seconded by Cliffor& Wellman to instruct the Village Administrator to prepare specifications and to advertise for bids for 24 voting machines. Bids are to be opened on October 13, 1959. Motion carried. Member Carl Carlson introduced the following resolution and moved its adoption: A RESOLUTION ESTABLISHING VOTING DISTRICTS FOR THE VILLAGE OF BROOKLYN C Section 29 -101 The resolution establishing voting districts passed on the 27th day of October, 1957, is hereby rescinded and in lieu thereof there shall be established six voting districts in the Village of Brooklyn Center, each district to be numbered as follows: DISTRICT ONE Bounded on the south by 53rd Avenue North, on the west by Shingle Creek, on the north by a line beginning at Shingle Creek and Highway #100, thence running North Easterly along Highway #100 to its intersection with an extension of the center line of James Avenue, thence South along the center line of James Avenue to the intersection of 55th Avenue, thence Easterly along 55th Avenue to its intersection with Camden Avenue; thence North along Camden Avenue to its intersection with 56th Avenue; thence East along 56th Avenue to the Mississippi River, on the East by Mississippi River. DISTRICT TWO Bounded on East by the Mississippi River, on the South by a line beginning at the intersection of the Mississippi River and 56th Avenue extended; thence West along 56th Avenue to Camden Avenue; thence South along Camden to 55th Avenue; thence West along 55th to James Avenue, on the West by James Avenue, and on the North by Highway #100. DISTRICT THREE Bounded on the East by the Mississippi River, on the South by Highway #100; on the West by Shingle Creek; and on the North by 73rd Avenue North. DISTRICT FOUR Bounded on the East by Shingle Creek; on the South by 57th Avenue North; on the West by Osseo Road; and on the North by 69th Avenue North. DISTRICT FIVE Bounded on the North by 73rd Avenue North; on the West by the West Village limits; on the South by 61st Avenue North„ on the East by a line beginning at 61st Avenue North and Osseo Road extending Northerly along Osseo Road to 69th Avenue forth; thence Easterly to Shingle Creek, thence Northerly to 73rd Avenue North. -6- DISTRICT SIX: Bounded on the south by the South Vi l;m { ts, on the west by the west Village limits, on the north by a line beginning at the intersection of the West Village limits and 61st Avenue North; thence running East along 61st Avenue to its intersection with Osseo Road; thence Southerly along Osseo Road to its intersection with 57th Avenue; thence East along 57th Avenue to Shingle Creek on the East by Shingle Creek. Section 29 -102. The new voting districts shall be in full force and effect sixty days after posted notice thereof as pre - scribed by law. The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: William N. Super, Carl Carlson, Clifford Wellman and' :Wayne Gageby, and the following voted against the same: None; where- upon said resolution was declared duly passed and adopted. The bills set forth on the schedule attached to these minutes and made a part hereof entitled "The bills Audited and Paid at the Meeting of September 8, 1959" were audited and.ordered paid. Motion made by Clifford Wellman and seconded by Wayne Gageby to adjourn. Motion carried. •7- The bills audited and ordered paid at the meeting of September 8, 1959 GENERAL FUND 905 American Linen Supply Co. August Services 5.00 906 Anderson Aggregates Gravel 2,967.10 907 Borchert - Ingersoll, Inc. Tines 188000 908 Brooklyn Center Hard. Supplies 2.20 909 Brooklyn Printing & advertising Forms 157.65 910 Frank Cameron Hauling 43.90 911 Continental Ritn & Adv. Signs 45.00 912 Crook & Hadley Supplies 2.00 913 Farnhams Supplies 48.15 914 Foote Lumber Inc. Lumber 56.64 915 General Fireproofing Desks 312.72 916 Genuine Parts Company Repair Parts 34.16 917 Haertel's Supplies 14.35 918 King Gas Company Bottle Gas 92.40 919 Bob Knowles Ford Company Repair - Rare- Check voided 4 *- 920 Bob Knowles Ford Company Repair Parts 3.91 921 Co S. McCrossan Inc. Hot Mix 1,352.00 922 Miller -Davis Company Supplies 10.30 923 The Minar Company Repair Parts 8015 924 Minneapolis Star & Tribune Want Ads 19.25 925 Minnesota Bearing Repair Parts 55.43 926 Albert W. Paulson Dog Catcher'Salary 97.58 927 Post Publishing C'omapny Printing 17.40 928 Reinhard Brothers Repair Parts 38.32 929 Richards Oil Company Oil 559.85 930 He A. Rogers Company Eraser 22.50 #31 Ruferidge- Johnson Equipment Supplies 77997 932 We F. Smith Tire & Battery Co. Repair Parts 11048 933 Suburban Hann. County Relief Bo. Poor Fund 189021 934 Tire Equipment Sales Iron Tool 3.65 935 Wm. H. Ziegler Company Repair Parts 13.70 936 Raymond Merritt Mileage for August 10.64 937 Clarence Canfield " " " 63084 938 Donald C. Stark " " " 41.51 939 Walter H. Johnson " " " 48.58 940 Jean Murphey " " " 50.26 941 Paul Straohota " " " 11.69 942 Northbrook Hardware Supplies 19.27 943 William D. Hannay Insurance 130.72 944 Victor Ehrenberg September Salary 40.00 945 Clifford Wellman " " 60.00 946 Wayne Gageby " " 60.00 947 Carl Carkson " " 60.00 948 William Super " " 80900 949 H. Russell Jones " " 100.00 950 Rightway's Landscaping Sod 19.00 951 Be F. Goodrich Store Tires 384.00 952 Clarence Wunderlich Service Well Pump 10000 953 Village of Brooklyn Center Petty Cash Reimburse Petty Cash 33.71 Sub total 7,673.19 PUBLIC UTILITIES (see next page) 221 Minneapolis Gas Co. Heat 3.14 222 Hawkins Chemical Coe Chlorine 42.75 223 Consolidated Electric Co. Pressure Governor 198.00 224 Mueller Co. Supplies 2.94 225 Fairbanks Morse & Co. Repair Parts 8.10 226 Donald Mathes Deposit Refund 17085 227 M. J. McCullough " " 8.42 228 John Abelson " " 7.88 229 Genuine Parts Co. Supplies 4973 230 Northbrook Hdwd. " .59 231 Brooklyn Center Gen. Petty Cash Fund Misc. Expensen 52.01 232 Goodin Co. Supplies 13.42 233 Minicipal Supply Co. Meters & Repairs 4,300.63 234 D. We Harstad Co., Inc. Estimate #1 5,032.65 229 Check voided -4.73 9,688.58 PARK 205 Minneapolis Gas Company August Services 4.00 206 Northwestern Bell Telephone " " 13965 207 Ernie & Rays D.S. Service Tire 33.90 208 Northbrook Hardware Supplies 35.84 209 Midway Tractor & Equip. Co. Reppir Parts 7.10 210 Poucher Printing & Lithographing Printing 110.00 211 Farnsworth Construction Inc. Contracts Payable 5,202.00 212 Brooklyn Excavating Co. Inc. " " 12,818.70 Q -19- -Te- -Tramefer- A4"e - *e- Perk -goad-Fund IQ78 .146.70 213 Reliable Electric Co. Inc. Contract Payable 917.56 214 Treasurer of Hennepin County Tax Settlement 130.65 19,273.4 LIQUOR STORE # 342 Binder Beverage Co. Mdse 17:75 343 Beer. Wholesalers, Inc, " 219.92 344 Canada Dry Copp. " 95.69 345 Cedar Sanitary Ice Co. " 6le5O 346 Chaska Beverage Co. " 331.00 347 Coca Cola Bottling Co. " 28.60 348 0. M. Droney Beverage Co. " 751.41 349 Ganzer Distributors " 862.10 350 Gluek Brewing Co. " 414.03 351 Minneapolis Bottling Co. " 19.35 352 Minneapolis Brewing Co. " 1,663.16 353 Pepsi Cola Bottling Co. " 54.28 354 Rex Distributing Co. " 751.13 355 Royal Beverage Distributing Co. " 1,282.16 356 Seven Up Bottling Co. " 58.44 357 Schlitz Brewing Co. " 122976 358 Thomas Moore & Co. " 70.35 359 Thompson & Sons " 2,304.94 360 McKesson & Robbins, Inc. " 155.65 361 Ed Phillips & Sons Co. " 522.27 362 Griggs Cooper & Co., Inc. " 520.44 363 Lynn Johnson Co. " 205.88 364 Famous Brands, Inc. " 331.35 365 Old Peoria Co. " 167.77 366 American Linen Supply Co. Laundry 10.46 367 Ed Phillips & Sons Co. Mdse. 285.40 368 Distillers Distributing Co. " 62.43 369 Famous Brands " 640.02 370 McKesson & Robbins, Inc " 23.76 371 Old Peoria Co. Inc. " 97.57 12,131.57 SPECIAL FUND 77 Village of Brooklyn Center Investment Trust Fund Special Fund Disbar. Inv. 247,100.00 78 Nodlund Construction Co. Contracts Payable 28,952.70 79 Peter Lametti Construction Co. " " 10,893.00 286,945.70 INVESTMENT TRUS T 40 Allison Williams Co. Purchase of 1958 Imp.Bonds 5,026.65 41 Village of Brooklyn Center Public Utilities Due to 194.58 42 Village of Brooklyn Center Special Fund Due to 172,675.09 43 Village of Brooklyn Center General Fund " " 55,814.17 44 Certificate of Indebtedness " " 11,763.06 45 Village of Brooklyn Center Special Bond Levy Fund " " 4,585.90 46 Village of Brooklyn Center Poor Fund " " 2,844.07 47 Village of Brooklyn Center Fire Dept.Relief Asstn. " " 4,597.76 INVESTMENT TRUST CONTINUED 48 1958 Improvement Fund Due to 4,375.80 49 Village of Brooklyn Center Park General Fund " " 1,115.63 50 Village of Brooklyn Center Park Bond Redemption Fund " " 7,392.91 51 Village of Brooklyn Center Special Fund Temporary Loan 100,000.00 370, 385.62 GENERAL FUND CONTINUED 954 Village of Brooklyn Center Payroll Fund Payroll Reimbursement 11,107.89 955 Richard Lovberg August Mileage 28928 956 Ernie & Rays D.S. Service Gas & Repair Parts 116.29 951 Check Voided - 384.00 957 B. F. Foodrich Store Tires 315.30 18,856.95 r