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1965 05-17 CCM Special Session
45 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Adinnesota May 17, 19 -65 The Village Council met in special session and was called to order by Mayor Gordon Erickson at 7 :30 P. M. Roll Cali: Present were Mayor Gordon Erickson, Phil Cohen, and Earl Simons. Absent; john Leary and Howard Heck. Also present were A. J. Lee, D. G. Poss, T. L. Hadd, P. W. Holmlund, T. L. Willard, M. R. Hyde, jean Murphey, Thomas O'Hehir and Reverend Kem of the Brooklyn Center Church of Christ. Reverend Kern offered the invocation. Motion by Phil Cohen and seconded by Earl Simons to approve the minutes of the May 10, 1965 Council meeting as recorded. Motion carried unanimously. Motion by Phil Cohen and seconded by Earl Simons to authorize the Mayor and Clerk to sign an agreement with Mr. Ralph Luchsinger agree- ing to sell Mr. Luchsinger certain portions of street right -of -way at such time as the Village Council determines that said right -of -way is not re- quired for a public purpose. Motion carried unanimously. Member Howard Heck entered the meeting at 7 :50 P.M. Motion by Earl Simons and seconded by Phil Cohen to appoint Mr. Allen Lindman as 'weed Inspector for the year 1965. Motion carried unanimously. Earl Simons appointed Mr. Albert R. ox) Brock, 3417 65th Ave. No., Apt. 1, Brooklyn Center, to serve as a member of the Industrial Develop- ment Commission 1 re e e pacing Mr. Frank Kampm y r. Member Howard Heck introduced the following ordinance amend- ment and moved its adoption: ORDINANCE AMENDING SECTION 35 OF THE Vj .0RpjNNCES THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Section 35 -840 is hereby amended by adding thereto: That part of Lots 4, 5, 6 and 7, Block 1, ©lson's Island View Terrace Addition lying South of the North 25 feet of said Lots 4 and 7, lying Easterly of the Easterly right -of- way line of U. S. Highway No. 169 and lying Westerly of the following described line; Beginning at a point in the South line of the North 25 feet of said Lot 7 distant 100.0 feet West of the intersection of the said South line of the North 25 feet and the Easterly line of said Lot 7; thence South - westerly to a point in the South line of said Lot 5 distant 10 feet West of the Southeast corner of said Lot 5 and there terminating; and the North 75 feet of Lot 15 lying West of the East 158.9 feet of the West 311.9 feet of Lot 15, Auditors Subdivision #310. _1- 47 Section 2: Section 35 -815 is hereby amended by adding thereto: That part of Lots 5, 6 and 7, Block 1, Olson's Island View Terrace Addition lying South of the North 25 feet of said Lot 7, lying Easterly of the following described line: Beginning at a point in the South line of the North 25 feet of said Lot 7 distant 100.0 feet West of the intersection of said South dine oft North a Easterly he No h 25 feet and the Ea e y line of said Lot 7; thence Southwesterly to a point in the South line of said Lot 5 distant 10 feet West of the Southeast corner of said Lot 5 and there terminating; and the North 75 feet of the East 158.9 feet of the West 311.9 feet of Lot 15, Auditors Subdivision #310. Sec ti.on 3: This ordinance amendment shall be effective from and after its publication. The motion for the adoption of the foregoing ordinance amendment was duly seconded by member Phil Cohen and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen and Earl Simons and the following voted against the same: None; whereupon said ordinance amendment was declared duly passed and adopted. Motion by Phil Cohen and seconded by Howard Heck to declare the first reading of an amendment to Chapter 3 of the Village ordinances and to order the second reading placed on the June 1, 1965 agenda. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Simons to accept the recommendation of the Planning Commission on Application #65021 submitted by Helen Fish pertaining to Lot 24, Auditors Subdivision #310, and grant the following variances to enable the subdivision of the subject property: 1. Variance from Section 15 -104 to permit subdivision by metes and bounds description. 2. Variance from Section 15 -106 and Section 35 -401 to permit two 67.5' x 185' substandard residential lots. 3. Variance from Section 35 -401 to permit a 5 foot setback on the South side of the existing house at 6821 Lyndale Avenue North. Motion carried a led unanimously. Motion by Phil Cohen and seconded by Earl Simons to accept the recommendation of the Planning Commission on Application #65023 submitted by Elmer Herberg at 6858 Lyndale Avenue North, and deny the request for variance from Section 35 -104 to permit a lot subdivision, due to the fact that the right -of -way for Dallas Road will be extended through the property. Motion carried unanimously. Motion by Howard Heck and seconded by Phil Cohen to accept the recommendation of the Planning Commission on Application #65011 submitted by Ralph Hayward and approve the preliminary plat of Lundgren 3rd Addition and grant a variance to Section 35 -401 to permit construction of single family dwellings 24 feet in depth on Lots 12, 13, 14 and 15 with a rear yard setback of 30 feet rather than the required 40 feet, contingent upon compliance with the following conditions: 1. Lots 5, 6, 8 and 9 shall be redimensioned and submitted to the Village Engineer for approval. -2- 49 2. The cul -de -sac shown on the preliminary plat shall be eliminated and Dallas Road extended to the South line of the plat. 3. The final plat shall not be approved until a garage on Lot 4 has been relocated in compliance with Village Ordinances. Motion carried unanimously. Motion by Phil Cohen and seconded by Howard Heck to table action on Application #65024 submitted by Martin Raskin and instruct the Village Attorney to prepare a resolution setting forth the Council's reasons for denial. Motion carried unanimously. Motion by Phil Cohen and seconded by Earl Simons to accept the recommendation of the Planning Commission on Application #65028 sub - mitted by Star Enameling Company and grant a variance from Section 35 -701 to permit 16 parking spaces as shown on the plan detail submitted to the Council, provided, however, that: I 1. The side yard and the boulevard adjacent to France Avenue shall be surfaced. 2. One tier of vehicular parking permitted on the West side of the building. Parking spaces are not to encroach on the public right -of -way. 3. The Village Council encourages Mr. Kaufenberg to complete arrangements for parking on N. S. P. property West of France Avenue North. Motion carried unanimously. Motion by Phil Cohen and seconded by Howard Heck to table action on Application #65029 submitted by the Minneapolis Sewing Machine Company in order to provide the Council additional time for the review of the application. Motion carried unanimously. Motion by Phil Cohen and seconded by Howard Heck to table action on Application #65030 submitted by Darrel Farr and instruct the Village Administrator and the Village Attorney to prepare a resolution setting forth the Council's reasons for denial, said resolution to be similar in content to the 1963 Council action denying a similar request, with the addition of the reasons presented pertaining to river frontage. Motion carried unanimously. Motion by Howard Heck and seconded by Phil Cohen to accept the recommendation of the Planning Commission on Application #65031 sub- mitted by Mr. L. A. Chelmo, and grant a special use permit for a car wash and gasoline dispensing utility on Parcel 5910, Auditors Subdivision #216, subject to the following conditions; 1. The owner of the car wash shall, at his own expense, at any time in the future, make provisions to install water hammer shock absorbers in the water supply line if so ordered by the Village of Brooklyn Center. 2. The owner of the car wash shall employ sufficient and qualified personnel for the purpose of directing interior traffic and he shall make adequate provisions to eliminate any congestion on the public roads which may result as a consequence of the car wash operation. -3- 51 3. In the event that any sewer capacity difficulties are encountered in the future, the car wash owner shall be responsible for the installation of retention tanks to provide off -peak discharge. 4. The median opening inQopnty_Roa4 10 being closed and the construction of a 6XA415a edian in the driveway leadUM from the car wash to County Road 10. S. Final approval of plot plan and building plans by the Village Council. Motion carried unanimously. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -75 RESOLUTION AMENDING SECTION 35 -309 OF THE VILLAGE ORDINANCES 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 Gordon Erickson, Howard Heck, Phil Cohen and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Phil Cohen and seconded by Earl Simons to approve the following licenses: Bowling Licenses Lynbrook Bowl 6357 North Lilac Drive Electrical Licenses: O. B. Thompson Electric Company 5609 Chicago Avenue South Gas Piping Licenses: Advanced Heating & A/C 3968 Central Avenue N. E. Cronstrom"s Heating & A/C 4410 Excelsior Blvd. Nielsen Gas Heat 2916 East 38th Street Standard Heating Company 410 West Lake Street Viking Heating & A/C 6409 Goodrich Avenue South Gasoline Service Station: Standard Oil Station 6044 Osseo Road Heating Licenses Advanced Heating & A/C 3968 Central Avenue N. E. Anoka Plumbing & Heating Co. 2209 Main Street, Anoka, Minn. Cronstrom's Heating & A/C 4410 Excelsior Blvd. Standard Heating Company 410 West Lake Street Viking Heating & A/C 6409 Goodrich Avenue South Plumber's Licenses: Anoka Plumbing Company 2209 Main Street, Anoka, Minn. Backdahl & Olson Plumbing Co. 3157 Chicago Avenue South Beaudry Plumbing Company 2901 Lyndale Avenue South Bill Fignar Plumbing Company 3639 Aldrich Avenue North -4- �3 Well Drilling Licenses: Hadden Well Company 4455 Main Street N.E. Motion carried unanimously. Motion by Howard Heck and seconded by Phil Cohen to accept the recommendation of the Administrator and appoint Robert Foster as a part-time Liquor Store employee effective May 20, 1965, at a wage of $1.50 per hour. Motion carried unanimously. Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -76 RESOLUTION ESTABLISHING GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO'S. 1965 -1 AND 1965 -5 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck and upon vote Ding taken thereon, the following voted in favor thereof: Gordon Erickson, Howard Heck, Phil Cohen and Earl Simons, 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 NO. 65 -77 RESOLUTION ESTABLISHING CURB AND GUTTER IMPROVEMENT PROJECT NO'S. 1965 -2 AND 1965 -6 AND ORDERING PREPARATION O F - PIANS AND SPEQIFjCATIQffS The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Phil Cohen, Howard Heck and Earl Simons and the following voted against the same None; whereupon said resolution was declared duly passed and adopted. Member Earl Simons introduced the following resolution and moved its adoption: do p n. RESOLUTION NO. 65 -78 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED CURB A ND GUTTER IMPROVEMENT NO'S. 1965 -2 AND 1965-6 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: Gordon Erickson, Phil Cohen, Howard Heck and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -79 RESOLUTION ESTABLISHING STORM SEWER DRAINAGE IMPROVE- MENT PROJECT NO'S. 1965 -3 AND 1965 -7 AND ORDERING PRE PARAT MPLANS AK12 S PE AT S -5- �5 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Phil Cohen, Howard Heck and Earl Simons 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 NO. 65 -80 RESOLUTION ESTABLISHING PUBLIC UTILITIES EXTENSIONS IMPROVEMENT PROJECT NO. 1965 -17 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Phil Cohen, Howard Heck and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -81 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED GRADING, BASE & SURFACING IMPROVEMENT NO'S 1965 -1 & 1965 -5 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: Gordon Erickson, Phil Cohen, Howard Heck and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Phil Cohen to adjourn. Motion carried unanimously. The Village Council adjourned at 11 :50 P. M. Mayor n Clerk ..s-