HomeMy WebLinkAbout1970-072 CCR Member Theodore Willard introduced the following resolution
and moved its adoption:
RESOLUTION NO. 70 -72
RESOLUTION INSTRUCTING THE CITY MANAGER TO USE ANY
MEANS AT HIS DISPOSAL TO REQUIRE VELIE OLDSMOBILE COMPANY
TO CONSTRUCT AN UNBROKEN FENCE ALONG THEIR EAST
PROPERTY LINE
WHEREAS, in September of 1967 Lecon Properties was granted rezoning
of certain properties under Application No. 66056; and
WHEREAS, during the course of the rezoning and plan approval hearings
the proposed occupant of the subject property, Velie Oldsmobile Co. 'did
express concern for protection of adjoining residential properties and did
agree to certain provisions to assist in maintaining the integrity of these
properties; and
WHEREAS, since construction and subsequent operation of the Velie
Olds dealership there have been complaints by the residents of adjoining
residential property to the effect that activities in and around the Velie Olds
facility have contributed substantially to the diminishment of their right to
use and enjoy their property safely and without interference from interlopers; and
WHEREAS, such complaints stem at least in part from the presence
late at night of loiterers and interlopers traversing private residential property
to gain access to Velie Olds; and
WHEREAS, such complaints also include reports of "dragging" or other
vehicular activities which occur during non business hours. and which present
a hazard to life and limb of residents of adjoining properties; and
WHEREAS, the installation of an unbroken fence along the east property
line, constructed of opaque materials, would prevent access to the Velie
property by interlopers through adjoining residential property and screen said
properties from some of the undesireable noises; and
WHEREAS, previous requests by the property owners in question and the
City Manager of the owners of Velie Olds for construction of such a fence
have gone unheeded;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota, as follows;
Resolution No. 70 -72
1. The City Manager is hereby instructed to use all available
means at his disposal to persuade Velie Olds to construct a fence
of opaque materials, at least six feet in height, in an unbroken
fashion, along the full length of the eastern most property line of
Velie Olds, consistent with any ordinance provisions for setback.
2. The City Manager is to provide sixty days from the passage
of this resolution for the completion of said fence; and if the project
is not completed or substantially near completion the City Manager
shall inform the City Coucil of this fact.
3. The City Attorney is hereby instructed to proceed immediately
to determine the applicable law with respect to means available to
the Council for remedying a hazard to public safety and welfare resulting
from a prior plan approval action or changes in conditions which have
occurred since plan approval.
June 8, 1970 J
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Howard Heck and upon vote being taken thereon, the follow-
ing voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen,
Howard Heck and Theodore Willard;
and the following voted agai nst the same: none,
whereupon said resolution was declared duly passed and adopted.