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HomeMy WebLinkAbout1958 10-07 CCM Special Session Minutes of the proceeding of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota. October 7, 1958 The Village Council met in special session and was called to order by William N. Super, Mayor, at 8 :15 P.M. Roll Call: William N. Super, Carl Carlson, and Russ Jones were present. Clifford Wellman and Wayne Gageby were absent. Motion by Carl Carlson and seconded by Russ Jones that the Village Council uphold the recommendation of the Planning Commission regarding the type of screening to be erected by the Ericon Corporation. The type of screening to be as f oll.ows : (1) 4 chain link fence along the South edge of black top from the Southeast corner of parking lot to the Southwest corner of parking lot, except behind the National Tea building and a solid board fence along South line of Standard Oil property. (2) A hedge to be planted and maintained along the South side of chain link fence and National Tea building. Motion carried. Motion by Carl Carlson and seconded by Russ Jones that the Village Council uphold the recommendation of the Planning Commission and allow the following variance to Pearson Brothers: A 15' side yard set back on the following lots in Northgate Addition: Lot 8 and Lqt 1, Block 3; Lot 19, Block 2; Lots 8, 1, 9 and lb, Block 4; Lot 8 and 9, Block 7; Lots 13, 1, and 26, Block 5; and Lot 3.1, Block 1. This variance was allowed because this plat was approved under the old zoning ordinance and the 25' set back as stated in the new Zoning ordinance causes undue hardships. Motion carried. Motion by Russ Jones and seconded by Carl Carlson that the Village Council uphold the recommendation of the Planning Commission and deny Earl Larson a special permit to build and operate a Dari -Queen on Registered Land Survey #695 as this request does not conform to the zoning ordinance under a B -1 classifica- tion and it does not conform with the plat. Motion carried. Motion by Carl Carlson and seconded by Russ Jones that the Village Council uphold the recommendation of the Planning Commission and,allow Aldo Pieri to build a garage within 13' of France Avenue at 3801 - 57th Avenue North. Motion carried. Motion by Carl Carlson and seconded by Russ Jones that the Village Council uphold the recommendation of the Planning Commission and allow Arlo Erickson to build a house on a 50' lot on Lot 3, Block 3, Humboldt Addition, as the house and lot will conform to the neighborhood. Motion carried. Motion by Russ Jones and seconded by Carl Carlson that the Village Council uphold the recommendation of the Planning Commission and approve the proposed plat of Lyn -Lee Addition submitted by William Bobendrier; subject to all restric- tions of the platting ordinance. Motion carried. Motion by Carl Carlson and seconded by Russ Jones that the Public Utilities Department absorb William Swenson's water bill. as an uncollectible account. Motion carried. Motion by Russ Jones and seconded by Carl Carlson that the Village allow a claim of $87.97 to James E. Thompson, 5439 Colfax Avenue North because of difficulty in locating the sewer stub. A. J. Lee shall contact Minder Engineer- ing for the collection of same. Motion carried. Motion by Carl Carlson and seconded by Russ Jones that the Village Council allow a claim to Lakeland Sewer Co. in the amount of $74.00 for difficulty in locating the sewer stub at 3013 - 62nd Avenue North. Village Engineer shall contact Minder Engineering Co. for the collection of same. Motion carried. Member Wayne Gageby arrived at the meeting at this point and resumed his duties as Trustee. Motion by Carl Carlson and seconded by Wayne Gageby that the Village Council accept the Justice report of Raymond Benson for portions of August and September. Motion carried. Member Carl Carlson introduced the following resolution and moved its adoption; upon the recommendation of Minder Engineering Co. and the Village Engineer: RESOLUTION ACCEPTING WORK WBEREA,S, Randall Brothers have satisfactorily completed the following improvement in accordance with said contract with Bergstrom Construction Co.: Sanitary Sewer Improvement No. 1958 -40 NOW, THEREFORE, BE IT RESOLVED by the Village Council of the `� L Village of Brooklyn Center; 1. The work completed under said contract is hereby accepted and approved. The motion for the adoption of the foregoing resolution was duly seconded by member Russ Jones, and upon vote being taken thereon the following voted in favor thereof: William N. Super, 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 resolution and moved itv adoption; upon the recommendation of the Village Engineer and Minder Engineering Co.: RESOLUTION ACCEPTING WORK WHEREAS, Randall Brothers have satisfactorily completed the following improvement in accordance with said contract with Bergstrom Construction Co.: Water Main Improvement No. 1958 -41 NOW, TREM ORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center; 1. The work completed under said contract is hereby accepted and approved. The motion for the adoption of the foregoing resolution was duly seconded by member Russ Jones, and upon vote being taken thereon the following voted in favor thereof: Will N. Super, Carl Carlson, Wayne Gageby, and Russ Jones; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. -2- Member Carl Carlson introduced the adoption; following resolution and moved its A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR DEED FOR THE PURCHASE OF CPAIPATM PARK LAND Be it resolved by the Village Council of the Village-:af Brooklyn Center as follows: Fyn 1 • The park board has heretofore entered into a sale agreement for the purchase of land hereinafter described with Robert A. Cahlander and Julia M. Cahlander, his wife: All that part of Lots 1 and 2, Auditor's Subdivision No. 216, Hennepin County, Minnesota., lying West of the following described line Commencing at a point on the North line of said Lot 1, 316.02 feet West from the Northeast corner Of said Lot 1; thence South to a point on the South line of said Lot 2, 316.02 feet from the Southeast corner of Lot 3, Auditor's Subdivision No. 216, Hennepin County, Minnesota; and it appearing that a contract for deed has been duly prepared Pursuant to said agreement, the officers through the mayor and clerk are hereby authorized and directed to enter into a contract for deed with Hobert A. Cahlander and Julia M. Cahlander for the Purchase of said property. 2. The Village Council is hereby directed to set aside the remaining balance of $10 which amount shall be designated as a reserve for payment for said property pursuant to the terms of said contract for deed and such amount may be invested or re- invested pending the payment thereof. Member Wayne Gageby seconded the foregoing 9, g ng motion. Upon a vote being taken thereon, the following voted in favor thereof: William N. Super, Carl Carlson, W and Russ Jones; and the following whereupon said motion was declared d voted agains the same; None; '�-.Y adopted. Member Clifford Wellman arrived at the meeting at this point and resumed his duties as Trustee. Motion carried. The Mayor announced that the meeting was open for further consideration of objections to any of the assessments for Storm Sewer ent the hearing thereon having been duly continued to thistime the meeting of September 30, 1958. The Mayor then called upon all property owners present to present their objections to the above assessments. Aoer all had been heard, member Russ Jones introduced the r solutionp and moved its adoption: RESOLUTION CONFIRMING ASSESSMENTS FOR STORM SEWER IMOVEMENT N0. 1957 -36 BE IT RESOLVED by the Village Council of the Vill Center, Minnesota, as follows: age of Brooklyn I. The Village Clerk has, with the assistance of the Engineer heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the _3- i improvement known as Storm Sewer Improvement No. 1957 -36 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.. September 30, 1958 to pass on the proposed assessments, and said hearing was duly continued at said time to the Special Meeting of October 7, 1958• 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. All changes in the proposed assessments which have been determined to be necessary have been made as directed. 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 improvement 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. 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 assessments for each of said lots, 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 payments 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 shall be payable in equal installments beginning in the year 1959, payable on the lst 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 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 lst 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. -4- Motion by Russ Jones and seconded by Carl Carlson that since the Village Council has determined not to assess approximately 70 acres previously designated as within the assessable area of Storm Sewer Project No. 1957 -36 upon the oral representation by the owner thereof that said acreage is not and will not in the foreseeable future be buildable, the said owner shall be requested to furnish a letter to the Village Council stating that said property is not buildable and will not be built upon, said letter to be thereon placed in the Village files. Member Clifford Wellman left the meeting at this point. Member Wayne Gageby introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT NO. 1958.47 WHEREAS, it is proposed that there be constructed an improve - ment consisting of the following: Sanitary Sewer on Scott Avenue North from 67th Avenue North to 69th 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 estimated cost of $14,000, 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, 1951, as amended. 2. A public hearing on the proposed improvement shall be held at the Village Hall in the village on Tuesday, the 28th day of October, 1958, 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 designated San*wy Sewer improvement No. 1958 -47. 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, Wayne Gageby, and Russ Jones; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Russ Jones and seconded by Carl Carlson that the Village Council negotiate for school stop signs and the installation of same for Femont Avenue North and Highway #100. Motion carried. Motion by Wayne Gageby and seconded by Russ Jones that the Village Council approve the appointment of the following judges and clerks for the general election to be held November 4, 1958: -5- Precinct 1 Phyllis Carlson $739 James Ave. No. JU 8 -5731 Ruth Pope 5100 Knox Ave. No. JU 8 -3021 Rozanne Voss 2018 Brookview Dr. JU 8 -3014 Precinct 2 Clara Brown 5410 Girard Ave. No. JU 8 -7111 Maude Johnson 5435 Emerson Ave.. No. JU 8 -7169 Marian Alford 5351 - 4th St. No. JU 8-5487 Precinct 3 Mae Lent 910 - 55th Ave. No. JU 8 -5880 Bolen Linn 5701 Emerson Ave. No. JU 8 -5541 Eva Breuninger 5533 Girard Ave. No. JU 8 -7931 Precinct 4 Pat Johnson 5519 Dupont Ave. No. JU 8 -5675 Eunice Petersdorf 6041 Bryant Ave. No. JU 8 -3375 Ruth Soley 6013 Colfax Ave. No. Ju 8 -1679 Precinct 5 Dorothy Warn 7028 W. River Road JU 8-8278 Luverne Trombley 1711 - 73rd Ave. No. JU 8 -4141 Ann Nordquist 6854 W. River Road JU 8 -8240 Precinct 6 Ruth Campbell 2806 Nash Road JU 8-8692 Mrs. Milton Voss 6607 Ewing Ave. No. KE 7 -2.549 Mrs. Francis Irvin 6538 Drew Ave. No. KE 7 -2008 Precinct 7 Mathilda Land 7145 Osseo Road KE 7 -123 Eleanor Peach 7207 Noble Ave. KE 7 -2206 Eleanor M. McKenna 4401 - 63rd Ave. No. KE 7 -9 Precinct 8 Elaine Miller 5901 Osseo Road KE 7 -1447 Helen Sandgren 5801 Ewing Ave. No. KE 7 -2098 Betty Folin 5918 Halifax Ave. No. KE 7-0062 Precinct 9 Evelyn Lundquist 5340 N. Lilacs Drive JU 8 -6352 Helen Hagen 5030 N. Lilac Drive JU 8-6358 Pearl Malmborg 5105 Osseo Road JU 8 -5819 Motion carried. Member Carl Carlson introduced the following resolution and moved its adoption: /76O RESOLUTION APPROVING 1-9" BUDGET AND AUTHORIZING A LEVY THEREFOR BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: 1. There is hereby appropriated for expenditure in 1959 from general taxes, the following sums for the - purposes indicated: Village Operations and Administration $23%2'x: -80 -6- Poor Relief 6 Firemen's Relief Association 9,631.96 '' °°'' ° Parks 12,842.62 1& "00.60 Public Employees Retirement Association 7, 321.56 )4 41 . 1.4 County Parks 771.12 7' / Z $271;$ .2 3 y1 8�5,Tq The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans which levies for the Year T957 are as follows: l9 (od Certificates of Indebtedness $ 24,800.00 3 5 ' ° ° r 1 . .. &Vy`. . %631'96- State Loan 1,665.00 Park Bond Redemption 1 5,42- 00 .z5 90 ° ° $ 51,796-96 g t9La ao 1, 49.G1 Total expenditures for the year 19W from general taxes $3M6". 2. There is hereby levied upon all taxable property lying within the Village of Brooklyn Center, in addition to all levies heretofore certified 19 unty Auditor as indicated in paragraph 1 hereof, the sum of $�� and the Clerk shall cause a copy of this resolution to be certified to the County Auditor, so that said sum shall be spread upon the tax rolls and will be payable in the year 1959: 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, Wayne Gageby, and Russ Jones; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member Wayne Gageby 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 bald on June 17, 1958 a , Resq�utiom was duly adopted providing in part that the sum of $9,3 be levied in the year 1958 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 $9,300 in the year 1958, BE IT RESOLVED by the Village Council of the Village of g Brooklyn Center, 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 wade and certified in the amount of $9,300 for the year 1958- in connection with the financing of Water Improvement No.7957 -28 is unnecessary and may be cancelled, there being sufficient money on hand in Improvement No. 1958 -B Fund at the` resent time to pay.any and all principal and interest, and ateast` five percent in excess thereof, on said bonds iss*d 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 $9,300'�for the year 1958 previously 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 Russ Jones, and upon vote being taken thereon, the following voted in favor thereof: William N. Super, 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 Russ Jones and seconded by Wayne Gageby that the Village Council accept the final plat of Northbrook Manor 3rd Addition; subject to all restrictions of the platting ordinance, bond being posted, and quit claim deed on outlot for street purposes. Motion carried. Motion by Russ Jones to commit the Village of Brooklyn Center to make the followingimprovements in accordance with the resolution heretofore identified as Improvement Commitments for VA Loan Purposes. Said resolution shall have inserted in it the following: Property to be improved: Northbrook Manor 3rd Addition Estimated Cost: $4455.00 Date of Completion: 12 months Improvements to be made: Street surfacing, boulevard sod, planting of boulevard trees, and installation of street signs in Northbrook Manor 3rd Addition Builder Homedale Builder The foregoing motion was duly seconded by member Carl Carlson, and upon vote being taken thereon the following voted in favor thereof: William N. Super, 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 l Carlso to adjourn. Motion carried. c ` Mayor C e -8-