HomeMy WebLinkAbout1959 10-06 CCM Special Session Minutes of the Proceedings of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota, including all accounts audited
by said Council.
October 6. 1959
The Village Council met in special session and was called to order
by Mayor William Super at 8 :04 P.M.
Roll Call: Mayor Super, Clifford Wellman, Carl Carlson, Wayne
Gageby and Clerk Russ Jones were present.
Motion by Russ Jones and seconded by Carl Carlson that the minutes
of the Special meeting of September 15 and the Regular meeting of September 22
be approved as corrected. Motion carried.
Motion by Wayne Gageby and seconded by Russ Jones to uphold the
recommendation of the Planning Commission to grant Lorraine E. Peterson a
special use permit to operate a beauty shop in the basement of her home
at 3501 - 63rd Avenue North and that the permit be non - transferable. Member
Clifford Wellman voted against same. Motion carried.
Motion by Wayne Gageby and seconded by Carl Carlson to uphold the
recommendation of the Planning Commission that the request by W. A. Ruud at
6301 Osseo Road not be approved for the construction of a service station on
Osseo Road and 63rd Avenue North and that the application fee be refunded.
Motion carried.
Motion by Clifford Wellman and seconded by Wayne Gageby to uphold the
recommendation of the Planning Commission to grant a variance to Michael
Myslicki, 4600 Drew Avenue North for two (2) permits to build one (1) single
family dwelling on each of two (2) 501 lots, (Lots 7 and 8, Block 3, Humboldt
Addition). Motion carried.
Motion by Wayne Gageby and seconded by Carl Carlson to uphold the
recommendation of the Planning Commisdon to grant a variance for T. W. Thorbus,
4300 63rd Avenue North to divide Lots 7 and 8 of Homedale 1st Addition and to
allow a residence to be built 30 feet from the 63rd Avenue line and 10 feet'
from the West line of Lot 8. Motion carried.
Motion by Clifford Wellman and seconded by Carl Carlson to uphold the
recommendation of the Planning Commission that a variance be granted to
D. Lawrence, 7207 72nd Avenue North to sell a lot by metes and bounds in
the Southeast corner of Parcel 630 described as that part of the Westerly
588' of Lot 5, lying North of a line running East parallel with the North line
of Lot 5, from a point of the West line of Lot 5, a distance of 103' Southerly
from the Northwest corner thereof, except street, and the West 648' of that
part of Lot 5, lying South of a line running East parallel with the North line
of Lot 5, from a point in the West line, a distance of 103' Southerly from
the Northwest corner thereof, measured along the West line thereof except
streets in Auditor Subdivision No. 309, provided that he plat the property
in accordance with the ordinance provisions, subject to the petitioner,
obtaining certification from the Village Council authorizing the sale by metes
and bounds to satisfy Minnesota Statutes applicable. Motion carried.
Motion by Carl Carlson and seconded by Russ. Jones to uphold the
recommendation of the Planning Commission to grant a variance to George A.
Mandeen, 2370 Edgewater Terrace to divide Lots 1, 2, 3 and 4, Block 1, ,
Linden Shores, on Twin Lake Addition, into 3 lots and build three (3) single
family dwellings. Motion carried.
Motion by Carl Carlson and seconded by Clifford Wellman to approve
the petition submitted to the Village Council by John Gulenchyn, 6130 Bryant
Avenue North, that stop signs be erected on all four (4) corners of 62nd
Avenue and Bryant Avenue North. Motion carried.
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Member Russ Jones introduced the following resolution and moved its
adoption:
RESOLUTION AUTkMING CHECK CASHING FUM
AND CHARGES FOR CLICK CASHING LIQUOR TORE #2
_
BE IT RESOLVED by the Village Council of the Village of
Brooklyn Center as follows: 0" f
1. The Village Council has received an from
the Attorney General which legal counsel for the Village
states is sufficient authority to permit the cashing of
checks at the Village Municipal Off -sale Liquor Store #2.
2. The cashing of checks in connection with the
operation of said store is hereby authorized and a fee of 100
shall be charged for each check cashed.
3. The 10¢ fee shall be separately accounted for and
shall be used to reimburse the liquor store funds whenever
a check received by the liquor store is not paid in full.
4. There is hereby established a check cashing fund not
to .exceed $2,000.00 which shall be maintained at the Village
depository (Camden Northwestern State Bank) and in which all
checks received by the liquor store shall be deposited. The
depository (Camden Northwestern State Bank) is authorized to
deliver to the manager of the liquor store funds in exchange
for such checks upon written order signed by the liquor store
manager, but the amount withdrawn at any time by the liquor
store manager shall not exceed $2,000.00.
5. The Director of Finance is instructed to impose such
accounting controls upon the foregoing funds and procedures
as may be necessary to insure that all funds including the
check cashing charges are properly accounted for at all times.'
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: Mayor Super, Clifford Wellman, Carl Carlson, Wayne Gageby
and Russ Jones; and the following voted against the same, none; whereupon
said resolution was declared duly passed and adopted.
Motion by Wayne Gageby and seconded by Clifford Wellman that
Liquor Store #2 be allowed $300.00 operating cash to be kept on a revolving
fund basis for operation and cash register change. Motion carried.
Motion by Clifford Wellman and seconded by Mayne Gageby that,
upon recommendation of the Village Administrator, the $1,720.00 cash escrow
street bond on Northbrook Manor 2nd and 3rd additions be released. Motion
carried.
Motion by Russ Jones and seconded by Wayne Gageby that, upon
recommendation of the Village Administrator, bond in the amount of $3,715.50
on Northbrook Manor 2nd and 3rd Additions for sodding, street signs and
boulevard trees be released. Motion carried.
Motion by Carl Carlson and seconded by Wayne Gageby that we
advertise for bids for water connections for the westerly 10 lots on the
north side of and abutting Joyce Lane, east of June Avenue North, date of
bid to be October 27, 1959 at 2 :00 o *clock P.M., same to be opened by
Village Engineer and Village Administrator. Motion carried.
Motion by Clifford Wellman and seconded by Carl Carlson that, upon
recommendation of Victor Ehrenberg, Village Treasurer, Allen Lindman be
appointed Deputy Treasurer. Motion carried.
o
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Member Clifford Wellman introduced the following 'resolution and
moved its adoption;
RESOLUTION TO CANCEL LEVY PREVIOUSLY
CERTIFIED TO THE COUNTY AUDITOR
WHEREAS at a Special Meeting of the Village Council of the Village
of Brooklyn Center held on June 17, 1958 a Resolution was duly
adopted providing in part that the sum of $9100.00 be levied in
the year 1959 for payment of principal and interest on bonds issued
to finance Water Improvement No. 1957 -28, and
WHEREAS said Resolution Was thereafter duly certified to the Auditor
of and for Hennepin County, Minnesota, and
WHEREAS there is presently on hand in Improvement No. 1958 -B Fund
sufficient money to pay any and all principal and interest on said
bonds issued to finance construction of Water Improvement No.
1957 -28, and at least five percent in excess thereof, without the
levy of said $9100.00 in the year 1959,
BE IT RESOLVED by the Village Council of the Village of Brooklyn
CexJer, Minnesota, as follows:
1. It is hereby determined that the levy of a direct
ad valorem tax on all taxable property in the village previously
made and certified in the amount of $9100.00 for the year 1959
in connection with the financing of Water Improvement No. 1957 -28
is unnecessary and may be cancelled, there being sufficient money
on hand in Improvement No, 1958 -B Fund at the present time to pay
any and all principal and interest, and at least five percent in
excess thereof, on said bonds issued to finance said Water
Improvement No. 1957 -28, without collection of said direct ad
valorem tax.
2. The Auditor of Hennepin County, Minnesota is hereby
requested to cancel the said levy of $9100.00 for the year 1959 pre -
viously certified pursuant to the provisions of Section 475.61,
Minnesota Statutes, 1957-
3% The Village Clerk is hereby authorized and directed to
transmit a certified copy of this Resolution to the said Hennepin
County Auditor forthwith.
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: Mayor Super, Clifford Wellman, Carl Carlson, Wayne Gageby
and Russ Jones,, and the following voted against the same; None; whereupon
said resolution was declared duly passed and adopted.
Member Carl Carlson introduced the following ordinance and moved
its adoption:
AN ORDINANCE CHANGING THE NAME OF MARY LANE
TO CAMDEN COURT
THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN
AS FOLLOWS:
1. A new section entitled 25 -410 is hereby added to the
Village ordinances to read as follows:
Section 25• -47.0. MARY LANE - CAMDEN COURT*
Mary Lane lying within the Village of Brooklyn Center is
hereby renamed, and shall hereafter be known as Camden Court,
2. This ordinance shall take effect from and after its
publication.
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The motion for the adoption of the foregoing ordinance was duly seconded by
member Clifford Wellman, and upon vote being taken thereon the following
v6ted in favor thereof; Mayor Super, Clifford Wellman, Carl Carlson,
Wayne Gageby and Russ Jones, and the following voted against the same: None;
whereupon said ordinance was duly passed and adopted.
The Mayor announced that the meeting was open for further
consideration of objections to any of the assessments for the following
improvements;
Sanitary Sewer Improvement Nos. 1958 -38, 1958 -39, 1958 -46, 1958 -47:
1958 -48, 1959 -1 & 12, 1959 -2 & 13, 1959 -3, 1959 -41 1959 -7, 1959 -8,
1959 -11, 1959 -17, 1959 -21, 1959 -24, 1959 -25, and Water Improvement
Nos. 1958 -31, 1959 -20, and Public Utilities Water Nos. 1958 -37,
1958 -41, 1958 -43, 1958 -51, 1959 -61 1959 -152 1959 -26, 1959 -27,
1959 -28, 1959-42, 1959- and Sewer Connections and Water Hookups.
The Clerk produced an affidavit of publication of Notice of
Hearing on the assessments showing one- week's publication thereof in the
official newspaper, the publication being on September 17, 1959, which
affidavit was examined and found satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
their objections to the above assessments. After all persons desiring to
speak thereon had been heard, member Russ Jones introduced the following
resolution and moved its adoption:
RESOLUTION CONFIRMING ASSESSMENTS FOR SANITARY SEWER IMPROV24EN'I'
NOS. 1958 -38, 1958 -39, 1958 -46, 1958 -47, 1958 -48, 1959 -1 & 12,
1959 -2 & 13, 1959 -3, 1959 -41 1959 -7, 1959 -8 1959 -11, 1959 -17,
1959 -21, 1959 -24, 1959 -25, AND WATER IMPROVEMENT NOS. 1958 -31,
1959 -20, AND PUBLIC UTILITIES WATER NOS. 1958 -37, 1958 -41,
1958 -43, 1958 -51, 1959 -6 1959 -152 1959 -26, 1959 -27, 1959 -28,
1959 -42, 1959 -43, AND SEWER CONNECTIONS AND WATER HOOKUPS.
BE IT RESOLVED by the Village Council of the Village of Brooklyn Center,
Minnesota, as follows:
1. The Village Clerk has, with the assistance of the Engineer heretofore
selected by this Council for such purpose, calculated bL- vroper amounts
to be specially assessed for the improvementsknown as the improw"...+0
listed above of said Village against, every assessable lot, piece or
parcel of land in accordance with the provisions of law, and has
prepared and filed with the Village Clerk tabulated statements in
duplicate showing the proper description of each and every lot, piece
or parcel of land to be specially assessed and the amount calculated
against the same.
2. Notice has been duly published as required by law that this Council
would meet in special session on Tuesday.. October 6, 1959 to pass on
the proposed assessments.
3. Said proposed assessments have at all times been open to inspection
and copying by all persons interested, and an opportunity has been given
to all interested persons to present their objections, if any, to such
proposed assessments, or to any item thereof.
4. No changes in the proposed assessments are necessary.
5. This Council finds that each of the lots, pieces or parcels of land
enumerated in said proposed assessments was and is specially benefited
by said improvements in the amount of said proposed assessment set
opposite the description of each such lot, piece, or parcel of land, and
that amount so set out is hereby levied against each of the respective
lots, pieces or parcels of land therein described.
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6. Such proposed assessments are affirmed, adopted and confirmed, and
the sums fixed and named in said proposed assessments are affirmed,
adopted and confirmed as the proper special a.ssessmentsfor each of
said lot, pieces or parcels of land respectively.
7. Said assessments so affirmed, adopted and confirmed shall be certified
to by the Village Clerk and filed in his office and shall thereupon be
and constitute the special assessments for the payment of the above listed
improvements.
8. The amounts assessed against each lot, piece or parcel of land shall
bear interest from the date hereof until the same have been paid at the
rate of 6% per annum.
9. Such assessments s1v1l be payable in equal installments beginning
in the year 1960, payable on the 1st day of January in each year, and
continuing until all of said installments shall have been paid, each
installment to be collected with taxes collectible during said year by
the County Auditor, as follows:
A. Sanitary Sewer Improvement Nos. 1958 -38, 1958 -39, 1958 - 1 958 - 47,
1958 - 48, 1959 - & 12, 1959 -2 & 13, 1959 -3, 1959 -4, 1959 -7, 1959 -8,
1959 -11, 1959 -17, 1959 -21, 1959 -25 in twenty equal annual installments,
B. Water Improvement Nos, 1958 -31 and 1959 -2 in twenty equal annual
in
C. Public Utilities Water Nos. 1958 -37, 1 958 -�+1, 1958 -43, 1958 -51,
1959 -15, 1959 -26, 1959 -27, 1959 -38 & 1959 - 42 in twenty equal
annual installments.
D. Sanitary Sewer Lateral Nos, 1959 -4 and 1959-7 in two equal annual
installments.
E. Sanitary Sewer Lateral N 1959 - in ten equal annual i nstallme nts.
F. Sanitary Sewer Improvement - Bellvue Acres in sixteen (16) equal
annual installments.
G. Sanitary Sewer Connections in Hipps 4th Addition in twenty equal
annual installments.
H. Sewer and Water Hookups in twenty equal annual installments.
10. The Village Clerk is hereby directed to make up and file in the Office
of the County Auditor of Hennepin County a certified statement of the
amount of all of such unpaid assessments and the amount which will be due
thereon the 1st day of January in each year.
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, Clifford Wellman, Carl Carlson, Wayne
Gageby, and Russ Jones; and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
Motion by Wayne Gageby and seconded by Carl Carlson that the
contract of September 24, 1959 with Nodland Construction Co. for the constru-
ction of Sanitary Sewer Improvement Project Nos. 1959-35, 36, 37, 39 and 41
be amended to include Project No. 1959 -44 according to the specifications,
schedule of approximate quantities and the unit prices as proposed by
Nodland Construction Co. on their proposal form dated September 15, 1959,
at a proposed amount of $8,155.50. Motion carried.
Motion by Wayne Gageby and seconded by Russ Jones that we accept
the Justice ,of Peace report of Justice Raymond E. Benson for the month of
September, 1959• Motion carried.
Motion by Wayne Gageby and secon d ffo d Wellman to adjourn.
Motio c
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