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Home My WebLink About1957 01-22 CCM Regular Session Minutes of the proceeding 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 January 22, 1957 The Village Council met in regular session and was called to order by William N. Super, Mayor, at 8:15 P.M. Roll Call: William N. Super, Carl Carlson, Wayne Gageby, and Ruse Jones were present; Clifford Wellman was absent. Motion made by Wayne Gageby and seconded by Carl Carlson to approve the minutes of the regular meeting of January 8, 1957, special meeting of January 8, 1957, and special meeting of January 15, 1957• Minutes were approved as read and recorded. Motion carried. Member Wayne Gageby introduced the following resolution and moved its adoption; RESOLUTION WHEREAS, there exists an industrial operation at 4821 Xerxes Avenue North in the Village of Brooklyn Center under the name of Howe, Inc., which is engaged in the manufacture of fertilizer products, and WHEREAS, from time to time over the past several years, the Villge Council has been notified of complaints from surrounding property owners about the dust and odors emitted from said operation, and WHEREAS, said complaints have been brought to the attention of the owners and managing officers of this company and requests have been made to the company asking that their operations be modified to eliminate the nuisance therefrom, and WHEREAS, in December, 1955, the Village Council passed an ordinance prohibiting such operations to the extent that they constitute a nuisance, and WHEREAS, it appears that the harmful dusts and odors have continued and are continuing to damage the surrounding community, NOW, THEREFORE, The Village Council of the Village of Brooklyn Center resolves as follows: 1. The company known as Howe, Inc., is hereby ordered to cease operations until such time as operations can be commenced- without further emissions of dust and odor in such amounts as constitute a nuisance. 2. This resolution and order shall be served upon Howe, Inc. by registered mail forthwith. 3. The Village Attorney is instructed to proceed with an action in the District Court to seek both a temporary and a permanent inJunction to require that the existing operations of Howe, Inc., be permanently discontinued until and unless it is established to the satisfaction of the Village Council, or the District Court that the manufacturing operations of the Company can be resumed without further danger of any nuisance occurring therefrom. The notion 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 Janes; aad the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. .1_ Motion made by Russ Jones and seconded by Carl Carlson that the Village accept the final plat on Miller's Willow Lane Addition; subject to all restrictions of the platting ordinance and bond to be posted on same. Motion carried. Member Wayne Gageby introduced the following resolution and moved its adoption: L RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 1956 -58 WHEREAS. it is proposed that there be constructed an improvement consisting of the following: Construction of a storm sewer to serve all or parts of the following subdivisions: Miller's Northview Heights, Hcmedale Addition, Bergstrom Delphian Gardens lst Addition, Bergstrom Delphian Gardens 2nd Addition, Wangstad's Brooklyn Terrace 1st Addition, Wangstad's Brooklyn Terrace 2nd Addition, Fair Meadows Addition, Lawnridge Addition, Northgate Addition, and Lots 11, 12, 18, 19, 20 21.. and 22, Auditor's Subdivision No. 25; and specifically an area bounded as follows: Commencing at the intersection of 64th Avenue North and Major Avenue North; thence Easterly approximately 490 feet to the extension of the back lot line of Block 2, Millers Northview Heights; thence Northerly approximately 100 feet to the North lot line of Lot 8, Block 2, Millers Northview Heights, thence Easterly approximately 330 feet along lot lines to the back lot line of Block 1, Millers Northview Heights; thence Northerly 75 feet to the North lot line of Lot 7 1 Block 1, Miller's Northview Heights; thence Easterly approximately 330 feet along .lot lines to the rear lot line of Block 8, North- ge, thence Northerly and Easterly along the West and North line of Lot 5, Block 8, Northgate; thence Easterly along the North line of Lot 14, Block 9, Northgate; thence Northerly along the West line of Lots 5 and 4, Block 9, Northgate; thence Easterly along the North lot line of Lot 4, Block 9,, Northgate and Lot 7, Block 10, Northgate, thence Southerly along the West lot line of Lots 4, 3, and 2, Block 10, Northgate; thence Northeasterly along the Southeast lot line of Lots 2 and 1. Block 10, Northgate; thence Easterly and parallel to the East- West centerline of Section 34, T -119, R -21, to a point 270 feet from Trunk Highway No. 152; thence Southeasterly and parallel to TH. No. 152 to a point on the North boundary of Lawnridge; thence Easterly to the centerline of Chowen Avenue; thence Southerly to the centerline of 62ne Avenue North; thence Westerly to the centerline of T.H. No. 152; thence South- easterly to the North boundary of Lot 23, Auditor's Subdivision No. 25; thence Westerly to the intersection with the back lot line extended of Lots 6 and 5, Block 6 1 Wangstad's Brooklyn Terrace; thence Southerly along back lot line of Lots 6 and 5, Block 6, Wangstad's Brooklyn Terrace; thence Westerly along the South line of Lot 5 1 Block 6, Wangstad's Brooklyn Terrace and the centerline of Janet lane to the extension of the East lot line of Lot 13, Block 4 Wangstad's Brooklyn Terrace; thence Southerly to the back lot line of Block 2 Wangstad's Brooklyn Terrace; thence Westerly and Northwesterly along the back lot linen to the intersection with the East lot line of Lot 35, Block 2, Wangstad's Brooklyn Terrace; thence Southerly to the centerline of 61st Avenue North; thence Westerly to a point 158' feet West of the Centerline of June Avenue North; thence Northerly and parallel, to the centerline of June Avenue to the North lot line of Lot 16, Block 1, Bergstrom's Delphian Gardens; thence Westerly along lot lines to the back lot line at Block 2, Bergstrom's Delphian Gardens; thence Westerly and parallel to 63rd Avenue North to the centerline of Major Avenue North, thence northerly along the centerline of Major Avenue North to the point of beginning, and Lots 4, 5, and 6, Block 3, Lawnridge Addition. -2- i� 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 $84,004.00, 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, 1953, as amended. 2. A public hearing on the proposed improvement shall be held at the Village Hall in the village on Wednesday, the 13th day of February, 1957, 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 of land within the above described property. 4. This proposed improvement shall be designated Storm Sewer Improvement No. 1956 -58. 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 made by Russ Jones and seconded by Carl Carlson that the Village accept the petitions submitted by Garden City Development Land Co. for water main and sanitary sewer laterals on the following proposed streets: Mumford Road from Beard Avenue North to Xerxes Avenue North; Nash Road from Mumford Road to Xerxes Avenue North; 62nd Avenue North from Beard Avenue North to Xerxes Avenue North; and Lawrence Road from Beard to 62nd Avenue North, including the Cul de sac. Motion carried. Motion made by Russ Jones and seconded by Wayne Gageby that the Village authorize Minder Engineering to proceed with the plans and specifications and estimates for water main and sanitary sewer laterals on the following proposed streets: Mumford Road from Beard Avenue North to Xerxes Avenue North; Nash Road from Mumford Road to Xerxes Avenue North; 62nd Avenue North from Beard Avenue North to Xerxes Avenue North; and Lawrence Road from Beard to 62nd Avenue North, including the Cul de sac. Date of public hearing is set for February 13, 1957. Motion carried. Member Russ Jones introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT NO, 1957 -10 WHEREAS, it is proposed that there be constructed an improvement consisting of the following: Construction of sanitary sewer on 62nd Avenue North from June Avenue North to France 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 $13,950.00, 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, L aws of Minnesota, 1953, as amended. -3- 2. A public hearing on the prdpos6d improvement shell be held at the Village Hall in the village on Wednesday, the 13th day of February, 1957, 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 of land abutting thereon:. 4. This proposed improvement shall be designated Sanitary Sewer Improvement No. 1957 -10. 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 slid resolution was declared duly passed and adopted.. Motion made by Russ Jones and seconded by Wayne Gageby to authorize the Village Clerk to write thank you letters to Southdale Realty, Miles Proctor, and Pearson Brothers for letters submitted to the Village Council relative to the freeway. Motion made by Carl Carlson and seconded by Russ Jokes that the Village endorse the bill forming the Metropolitan Planning Commission. Motion carried. Motion made by Russ Jones and seconded by Wayne Gageby that the Village Council approve the following 1956 filling station license; Les Todd - 6901 Osseo Road Motion carried. Motion made by Wayne Gageby and seconded by Russ Jones that the Village Council approve the following applications for 195+ filling station licenses: Randy Darner 4861 Osseo Road Les Todd 6901 Osseo Road Standard Solvents 4906 France Avenue North Motion carried. Motion made by Russ Jones and seconded by Carla Carlson that the Village Council approve the following application for a 1957 cigarette license: Randy Darner 4861 Osseo Road Motion carried. Motion made by Wayne Gageby and seconded by Russ Jones that the Village abate $5.58 on the 1956 tax installment and $5.25 on the 1957 tax "installment on the blacktop on 57th Avenue North, 55A assessment on Lot 5, Block 1, Meadowlark Gardens Addition, Plat 31990, Parcel 500; the correction to be made through the County Auditor's office and the adjustment refer in the property owner's current tax statement. Motion carried. Motion made by Russ Jones and seconded by Carl Carlson to make the following book transfer of funds until the sale of bonds as follows; $14,000.00 from Storm Sewer #1 to 1957 -A $16,000.00 from 1956 -C to 1957 -A. Motion carried. Motion made by Wayne Gageby and seconded by Russ Jones that.the Village consolidate 1953A and 1953B funds retroactive as of December 31, 1956. Motion carried. Member Wayne Gageby introduced the following resolution and moved its adoption: RESOLUTION ORDBRING ADVERTISEMENT FOR FOR WATER METERS I. The Village Clerk shall, advertise for bids for water meters under the American Water Works Association specifications. 2. Bid date set for February.26, 1957, at 8 o'clock p.m. The motion for the adoption for the foregoing resolution was duly seconded by 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 duly passed and adopted. Member Wayne Gageby introduced the following ordinance and moved its adoption; AN ORDINANCE AUTHORIZING INVESTMENT OF CERTAIN MONEYS IN UNITED STATES SECURITIES THE VILLAGE COUNCIL OF THE VILLAGE OF BROOFL'YN CENTER DO ORDAIN AS FOLLOWS: 1. A new chapter shall be added to the ordinances of the Village of Brooklyn Center and shall be identified as Chapter 36 to read as follows; Section 36 -101 Whenever there is required to be posted with the Village of Brooklyn Center a bond conditioned upon the performing or doing of any act or acts which bond is given as security for the performance of such acts and in lieu thereof the person charged with the responsibility of posting or supplying said bond elects to tender a certified check, bank draft or similar negotiable instrument, the tender of such check or draft shall be subject to the provisi6ns of this ordinance. Section 36 -102 All certified checks, bank drafts or similar negotiable instruments which are accepted by the Village Council under section 1 of this ordinance shall be deposited in the investment trust fund of the Village of Brooklyn Center. Such money may be commingled with other moneys in said investment trust fund and may be invested or reinvested in United States Government securities. Section 36 -103 There shall be maintained an accurate account of such checks so deposited. The funds so deposited shall not be used for any p*trpose other than for investment and there shall be maintained in said account or to the credit thereof at all times investments in United States securities together with the cash balance in said account in excess of the amount of checks so deposited. Section 3 6 -io4. All interest earned by the investment of the moneys deposited in said shall belong to the Village. Section 36 -105. The Village Council shall invest such funds only in such matmer as will permit reasonably prompt payment or return of the amount of any such certified check or draft whenever the depositor shall be entitled to the return thereof. 2. This ordinance shall take effect from and after its publication4 The motion for the adoption of the foregoing ordinance 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 members voted against the same: None; whereupon said ordinance was declared duly passed and adopted. -5- The bills set forth on the schedule attached to these minutes and made a part hereof entitled "The Bills Audited and Ordered paid at the meeting of January 22, 1957" were audited and ordered paid Motion made by Carl Carlson and seconded by Russ Jones to adjourn, Motion carried. r rk _6_ "The bill-: Audited and Ordered Paid at the meeting of January 22, 1957 11 . GENERAL 5206 Kenneth Bull Salary 200.00 5207 Northbrook Hdwe Supplies 2:34 5208 Northbrook Hdwe. Supplies 29.35 5209 Motorola Installation - Fire Truck 25.00 5210 Minnesota State Treasurer P E R A 993.62 5211 Director of Internal Revenue Withholding Tax _ 2374.98 5212 Minnesota Fire Extinguisher Co. Equipment 115.00 5213 Minnesota Fire Extinguisher Co. Helmet 15.54 5214 Minnesota Fire Extinguisher Co. Recharge Fire Extinguisher 5.00 5215 Minnesota Fire Extinguisher Co. Chemicals and Cartridges 48.50 5216 B. F. Goodrich Industrial ProductsFire Hose 431,25 5217 Genuine Parts Co. Supplies 11.24 5218 Howard Lumber Co. Plywood 94.72 5219 Post Publishing Co. Printing 87,20 5220 Clarence Canfield Labor 5.50 5221 H. A. Rogers Co. Engineering Supplies 12.50 5222 H. A. Rogers Engineering Supplies 12.50 5223 H, A. Rogers Engineering Supplies 7.60 5224 Lyle Signs Paid short - Claim #5053 11.00 5225 Cook Paint and Varnish Paid short - Claim 5187 1.16 5226 Standard Oil Gasoline 50,64 5227 Special Fund - 1956 -C Transfer of Funds 71.78 5228 Village of B.C. - Public Utilities " " " 357.50 5229 Kunz Oil Co. Gas and Oil 125.75 5230 Northbrook Hdwe. Disc. Supplies and Equip. 52.63 5231 NK Bell Telephone Service 111.75 5232 Williams Hdwe. Parts for Steam Jenny 144.40 CO. F � 5233 Advance F �t�shina s Steel ,.001 2nda 3.60 5234 Void 5235 Ed Ryan Jail Fees 4.00 5236 Sears Roebuck & Co. Motor 41.35 5237 Mine Safety Appliance First Aid Kits 27.43 5238 Rosenwald Cooper Street Brooms 34.70 5239 Crook and Hanley Office Supplies 16.30 5240 Road Machinery & Supplies Refill Street Broom Core 45.85 5241 Soley Iron Works Wire for Hockey Goals 20.00 5242 Williams Hdwe. Misc. Hdwe. items - street dept292.79 5243 Automatic Door Co. Repair door on Fire Station 22.50 5244 Charles H. Wagner Swivel hooks 48.00 5245 Wirt Wilson & Co. Bond Premium 117.70 5246 Void 5247 NW Bell Telephone Co. Service 28.15 6100.82 LIQUOR 2186 NW Bell Telephone Service 19,50 2187 General Fund Reimburse for NSF check 35,00 2188 Minnesota State Treasurer P E R A 177.26 2189 Director of Internal Revenue Withholding Tax 484.88 2190 Midland National Bank Int, and B/SC Revenue Cert. 812.50 2191 Dist illers Distributing Co. Liquor 468,87 2192 Famous Brands Liquor 1483.44 2193 Griggs Cooper & Co. Liquor 1296.16 2194 Ed Phillips & Sons Co. Liquor 954.83 2195 Rex Distributing Co. Liquor 284.64 2196 Minneapolis Brewing Co. Liquor 947.40 2197 6chlitz Breti7i ng Co. Liquor 12.75 2198 Whistle Bottling Co. Merchandise 10.40 2199 Old Peoria Co. Liquor 2535.77 2200 McKesson & Robbins Liquor 301.80 982 5.20. PUBLIC UTILITIvS 34 Elliott Addressing Machine Co. Supplies 6.45 ?5 H. A. Rogers Co. Repair Aqua Dip Needle 6.15 36 Village of BC - General Fund Transfer of Funds 199.88 37 Gordon Sandahl Labor 65.00 38 ' Supply Co. Meters 391,35 39 Neptune ?deter Co. Meters 438.60 1107 .43