HomeMy WebLinkAbout1965 06-07 CCM Special Session 71
Minutes of the Proceedings of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota
June 7, 1965
The Village Council met in special session and was called to
order by Mayor Gordon Erickson at 7 :30 P. M.
Roll Call: Present were Mayor Gordon Erickson, Phil Cohen,
Earl Simons and Howard Heck. Also present were A. J. Lee, D. G. Poss,
T L. Hadd, P. W. Holmlund, T. L. Willard, M. R. Hyde and Thomas
O' Hehir.
Reverend Amos LeVang of the Brooklyn Center Assemblies of God
Church offered the invocation.
Motion by Phil Cohen and seconded by Howard Heck to approve
the minutes of the Tune 1, 1965 Council meeting as recorded. Motion
carried unanimously.
Motion by Earl Simons and seconded by Howard Heck to approve
the Civil Defense Emergency Plan as submitted by the Village Civil Defense
Director and to direct that said plan be forwarded to the Hennepin County
Civil Defense. officials. Motion carried unanimously.
Motion by Earl Simons and seconded by Phil Cohen to accept the
recommendation of the Planning Commission on Application #65037 sub -
mitted by D. H. Overmyer Company and grant the following variances and
approvals:
1. Grant a variance from Section 15 -104 to permit land
subdivision by metes and bounds description.
2. Approve plot plan and parking arrangement as submitted
and grant a variance from Section 35 -704 to permit
30 parking spaces instead of the required 150.
The preceding variances and approvals shall be contingent upon compliance
with the following:
1. The entrance drive to the applicant's property from France
Avenue shall be placed South of the Forth line of
50th Avenue extended.
2. In the event that the operation changes from a warehouse
use classification to any more restrictive use, the parking
shall then conform to the requirements for the latter use.
3. If truck and car traffic coincidental to the approved use
becomes a nuisance and a hazard on France Avenue, the
Village Council shall require that 50th Avenue be opened
West from France Avenue.
4. Final app oval of building plans by the Building Inspector.
Voting in favor of the motion were Gordon Erickson, Phil Cohen and
Earl Simons. Abstaining: Howard Heck.
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Motion by Howard Heck and seconded by Phil Cohen to accept the
recommendation of the Planning Commission on Application #65026 sub-
mitted by Tom Wilder and grant a variance from Section 35 -.401 of the
Village Ordinances to permit construction of a one story single family
dwelling on a 49.3' x 119' substandard lot at 5317 Irving Avenue North.
Motion carried unanimously.
Motion by Phil Cohen and seconded by Earl Simons to uphold the
recommendation of the Planning Commission on Application #65032 and
approve, subject to the requirements of the Platting Ordinance, the pre-
liminary plat of Automotive Acres Addition submitted by Joe Iten. Motion
carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to accept
the recommendation of the Planning Commission on Application #65035
submitted by W. W. Bolster pertaining to Parcel 6500, Section 34,
Brooklyn Center, and grant the following variances subject to the stated
conditions
1. Grant a variance from Section 35 -603 of the Village Ordinances
to permit a 40 foot wide street abutting the property, condi-
tioned upon the dedication of the North 10 feet of Parcel 6500
to the Village for street purposes.
2. Grant a variance from Section 35 -401 to permit a 25 foot
front yard building setback instead of the required 35 feet.
3. Grant a variance from Section 35 -401 to permit a 15 foot
rear yard setback adjacent to the Freeway property instead
of the required 40 feet.
4. Use of the parcel shall be restricted to the construction of
a one story single family detached dwelling.
Motion carried unanimously.
Motion by Howard Heck and seconded by Earl Simons to accept
the recommendation of the Planning Commission on Application #65035
submitted by Ken Bergstrom Construction Company and grant a variance
from Section 35 -310 (2d) to allow the existing real estate "For Sale"
sign at 6842 Emerson Avenue North to remain on said parcel for a period
of six months from May 1, 1965 on the condition that the lot be kept
clean. Motion carried unanimously.
Y
Motion by Earl Simons and seconded by Howard Heck to accept
the recommendation of the Planning Commission on Application #65036
submitted by R. W. Anderson regarding Lot 15, Block 1, Fairmeadows
Second Addition, and grant a variance from Section 35 -401 of the Village
Ordinances to permit construction of a 30' x 22' accessory building
3 feet from the East lot line instead of the required 5 feet. Motion
carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to reject
the recommendation of the Planning Commission on Application #65038
submitted by Michael Wilder regarding Lot 23, Block 1, Fairhaven Park
Addition, and grant the following variances:
1. Variance from Section 35 -601 and Section 35 -401 of the
Village Ordinances to permit construction of a single
family dwelling on a 40' x 128' substandard lot.
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2. Grant a variance from Section 35 -401 to permit 7.5 foot
side yard setbacks on the proposed lot, and a 4 foot side
yard setback from the existing house at 5410 Girard Avenue
North.
Motion carried unanimously.
Motion by Howard Heck and seconded by Phil Cohen to accept
the recommendation of the Planning ommission on Application 9 pp 65039 #
submitted by Sidney Hagen and grant a variance from Section 35 -603
to permit the construction of a single family dwelling on Parcel 1830,
Auditor's Subdivision No. 57, Hennepin County, said parcel not having
frontage on a public street, said variance to be contingent upon compli-
ance with the following conditions and statements:
1. The existing dwelling, except the capped basement, on
the lot shall be removed before a certificate of occupancy
is issued for the new single family dwelling.
2. The existing outbuildings shall be torn down or removed
from the parcel within three years.
3. In the absence of a public street abutting subject parcel,
the approval of this variance shall not obligate the Village
in any manner to furnish utilities, street maintenance,
snow removal or any Village services other than those that
the present or future owners may be legally entitled to
under the present conditions.
4. The granting of this variance is not intended to mean,
nor shall it be construed to mean, that the Village
Council shall be required to approve any future sub -
division of said parcel.
Motion carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to table
action on Planning Commission Application #65040 submitted by Chrysler
Motors Corporation until the June 28 Council meeting, and call a joint
meeting of the Industrial Development Commission, Planning Commission,
planner, property owners, Village Council and administrative staff for
June 2 8
J to consider the . request. Motion carried unanimously.
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The Mayor announced that the meeting was open for a public hear-
ing on the abatement of a nuisance condition at 5329 James Avenue North.
The Clerk produced an affidavit of publication of notice of hear-
ing on the proposed abatement showing two weeks publication thereof in
the official newspaper, the last publication being on May 26, 1965,
which affidavit was examined and found satisfactory and was ordered placed
on file.
The Mayor then called upon all property owners in attendance to
present arguments either for or against the proposed abatement. After hear-
ing and considering all objections, and all property owners_ appearing in
favor of the proposed abatement, member Phil Cohen introduced the follow-
ing resolution and moved its adoption:
RESOLUTION NO. 65 -96
RESOLUTION DETERMINING THI EXISTENCE OF A NUISANCE
CONDITION AT 5329 JAMES AVENUE NORTH AND PROVIDING
FOR ITS ABATEMENT BY APPROVAL OF IMPROVEMENT PROJECT
1965 -38
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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, Earl Simons and Howard Heck,
and the following voted against the same: None; whereupon said resolution
was declared duly passed and adopted.
Motion by Howard Heck and seconded by Earl Simons to accept the
recommendation of the Planning Commission on Application #65043 sub-
mitted by Joslyn Manufacturing Company and grant permission to construct
a 28' x 40' office building in the industrial district at 49th and France Avenue,
subject to plan check by the Building Inspector. Motion carried unanimously.
Motion by Howard Heck and seconded by Earl Simons to accept the
recommendation of the Planning Commission on Application #65041 submitted
by Buyer's Market, 6801 Osseo Road, and grant a variance from Section 35 -320
to the applicant but not to their successors or assigns, to permit the following
signs contingent upon compliance with the restrictions set forth below:
1. One sign attached to the front (North) wall of the building,
not exceeding 15% of the wall or 288 square feet. The
measurement of the sign is taken to be the maximum height
and maximum width of the letters in the sign, and said sign
shall not project above the roof of the building.
2. One painted sign on the North side of the existing pylon,
such sign not to exceed 32 feet in height above grade level
and not to exceed 250 square feet in area.
Motion carried unanimously.
Member Phil Cohen introduced the following ordinance amendment and
moved its adoption:
ORDINANCE AMENDING CHAPTER 3 OF THE
VILLAGE ORDINANCES
THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN
AS FOLLOWS:
Sec tion l: Sections 3 -501 through 3 -504 of the Village Ordinances
are hereby amended to read as follows:
Section 3 -501 TITLE. Sections 3 -501 through 3 -507 of this
ordinance shall be known as "The Village of Brooklyn Center Plumb -
ing Code".
Section 3 -502 PLUMBING, WATER AND SEWER INSPECTOR.
There is hereby created the office of Plumbing, Water and Sewer
Inspector. The person chosen to fill the office of Plumbing, Water
and Sewer Inspector shall be acquainted with the laws of Minnesota
and the ordinances of the Village of Brooklyn Center and shall be
familiar with the materials and workmanship required for the proper
installation of plumbing, water and sewage facilities and shall
also hold a State journeyman or Master Plumber's license. The
Plumbing, Water and Sewer Inspector is charged with the enforce-
ment of this ordinance and of other applicable laws and to this end
shall inspect all work performed on plumbing, water and sewer
installations.
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Section 3 -503. ADOPTING OF PLUMBING, INATER AND GAS
PIPING ORDINANCE OF THE CITY OF MINNEAPOLIS. There is hereby
adopted and incorporated into this ordinance by reference thereto,
by marking three copies thereof as "official copies" and filing them
for reference and inspection in the office of the Village Clerk, all of
that certain ordinance of the City of Minneapolis adopted by the
City Council of said City, entitled, "An Ordinance to Regulate the
Construction, Extension, Alteration and Repairing of Plumbing Work
and Repealing Certain Ordinance Provisions" as amended and now
in effect and published in 1964 in pamphlet form entitled, "PLUMBING,
WATER & GAS PIPING ORDINANCES" and containing Chapters 130
through 133 and including Appendix A and B inclusive; provided,
however, that the following sections of said ordinance are not hereby
adopted or incorporated into this ordinance: All of "Appendix C";
and provided further, that wherever the term "City of Minneapolis"
shall appear in said ordinance it shall be construed to mean
"Village of Brooklyn Center "; wherever the term "Department of
Buildings" appears it shall be construed to mean the "Department
of Protective Inspection of the Village of Brooklyn Center "; and
wherever the term "Plumbing Inspector" is used it shall be construed
to mean the "Plumbing Inspector of the Village of Brooklyn Center",
and the term "Minneapolis Plumbing, Water and Gas Piping Ordinance"
as used therein shall be construed to mean the "Village of Brooklyn
Center Plumbing, Water and Gas Piping Ordinance ". Section 130.060
of said ordinance shall be adjusted as follows; The sentence begin-
ning with "Certificate of competency from the Board of Examiners of
Plumbers as required by Chapter 317" shall be replaced with "A journey -
man plumber's license for the current year from the Minnesota State
Board of Health".
Section 3 -504 AMENDMENTS TO THE CITY OF MINNEAPOLIS
CODE.
(a) Licenses shall be issued only to individuals or contractors
licensed as master plumbers by the Minnesota State Board
of Health. No permits will be issued to the home owner for
sewer and water connections. Anyone not so licensed may
do plumbing work which complies with the provisions of the
minimum standards herein prescribed on premises or that
part of premises owned and actually occupied by him as his
homestead if he shall file with the Inspector an affidavit
showing that he performed the actual work himself in such
homestead. No journeyman shall install plumbing as herein
defined unless he is authorized to do so under the State
Plumbing Code.
(b) The applicant shall pay a twenty -five dollar ($25.00) license
fee and fifteen dollars ($15.00) for renewal thereafter, and
the license shall run from May 1 to April 30 of the following
year.
(c) The applicant shall furnish a surety bond of $2, 000.00 to
the Village of Brooklyn Center to compensate the Village
for any damages caused to the Village water system and
appurtenances in the course of his employment; and a
surety bond of $2, 000.00 to the Village of Brooklyn Center
to compensate the Village for any damages caused to the
Village sewer system and appurtenances in the course of
his employment.
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(d) No license shall be issued unless and until the applicant
shall first file with the Village Clerk a policy or policies
of insurance insuring such applicant against liability
imposed by law on account of damage to or destruction of
property in the amount of $25, 000.00. Any such policy
shall provide. that it may not be cancelled by the insurer
except upon notice to the Village of Brooklyn Center. In
case of cancellation of such insurance such license shall
be suspended automatically until such insurance has been
replaced.
Section 2: Sections 3 -305 through 3 -507 of the Village Ordinances
are hereby deleted.
Section _3: Section 3 -819 of the Village Ordinances is hereby
amended to read as follows:
Section 3 -819. PLUMBING FEES. The fee for permits for the
installation of any plumbing work, fixture or device shall conform
to the fee schedule set forth in Sections 203.011 through 204.030
of the Ordinances of the City of Minneapolis as contained in
"Appendix C" of the pamphlet entitled, "PLUMBING, WATER AND
GAS PIPING ORDINANCES - CITY OF MINNEAPOLIS, 1964 and
said portion of "Appendix C" is hereby adopted by reference. Three
copies of the aforementioned pamphlet shall be kept on file in the
office of the Village Clerk.
Section 4: Section 3 -820 of the Village Ordinances is hereby
deleted.
Section : 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 Howard Heck and upon vote being taken thereon the
following voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons
and Howard Heck, and the following voted against the same: None; where-
upon said ordinance amendment was declared duly passed and adopted.
Motion by Phil Cohen and seconded by Howard Heck to authorize
the Mayor, Clerk and Treasurer to sign a custodial agreement for securities
with the Marquette National Bank. Motion carried unanimously.
Motion by Earl Simons and seconded by Howard Heck to accept the
recommendation of the Administrator and appoint the following individuals
for the positions and salaries indicated:
Position Salary Effective Date
Robert Hermanson Part -time Liquor Store Clerk $1.50 /hr. 6/4/65
Paul Olinger Temporary Engineering Aid $2.20 /hr. 6/14/65
Clyde Stuart Temporary Park Laborer $2.20 /hr. 6/7/65
Motion carried unanimously.
Motion by Phil Cohen and seconded by Howard Heck to accept the
recommendation of the Administrator and increase the salaries of Dennis
Myran and Miland Brown to $2.34 per hour, effective June 7, 1965. Motion
carried unanimously.
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Motion by Howard Heck and seconded by Earl Simons to authorize
Mr. Gordon W. Pearson, 5145 Xerxes Avenue North, to connect to the
Minneapolis water and sewer system. Motion carried unanimously.
The bills having been audited, Earl Simons moved and Howard Heck
seconded to order paid the bills set forth in the schedule dated June 7, 1965
and filed in the permanent record book. Motion carried unanimously.
Motion by Phil Cohen and seconded by Earl Simons to approve the
bingo license for the Junior Chamber of Commerce Carnival. Motion carried
unanimously.
Motion by Howard Heck and seconded by Earl Simons to approve the
following licenses:
Gas Pipim Licenses
Northern Propane Gas Company 11300 Central Avenue N.E.
Heating Licenses
Egan -Sons Air Conditioning Co, 7100 Medicine Lake Road
Johnson Bros. Plumbing Company 6100 Golden Valley Road
Plumbing Licenses
Johnson Bros. Plumbing Company 6100 Golden Valley Road
The e Krumholz
Company North
pan y 11 5 Lawry Avenue No h
Motion carried unanimously.
Motion b Phil Cohen and seconded b ward Heck to approve the
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purchase of general obligation bond of the Village of Spring Lake Park,
Minnesota, in the amount of $13, 216.05 , by the Brooklyn Center Fire Depart-
ment Relief Association. Motion carried unanimously.
Member Howard Heck introduced the following resolution and moved
its adoption:
RESOLUTION NO. 65 -95
j RESOLUTION APPROVING GRADE CHANGES ON 63rd AVENUE
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, Howard Heck, Earl Simons and Phil Cohen,
and the following voted against the same: None; whereupon said resolution
was declared duly passed. and adopted.
Motion by Phil Cohen and seconded by Howard Heck to approve the
final plat of Automotive Acres Addition. Motion carried unanimously.
Motion by IJoward Heck and seconded by Earl Simons to adjourn.
on carried unanimously. jhS Village Council ad ourned at 12:40 A. M.
Mayor
Clerk
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