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HomeMy WebLinkAbout1966 08-15 CCM Special Session r 161 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of maesetO August 15, 1966 The Village Council met in special session and was called to order by Mayor Philip Cohen at 7 :30 P. M. Roll Call: Mayor Philip Cohen, John Leary, Earl Simons and Theodore Willard. Member Howard Heck was absent. Also present were: -D. G. Poss, T. L. Hadd, P. JV. Holmlund Roger Van House, James Johnston and Richard Cihoski. Reverend Amos LeVang of the Brooklyn Center Assemblies of Cod Church offered the invocation. Motion by John Leary and seconded by Earl Simons to approve the minutes of the August 8, 1966 Council meeting as recorded. Motion carried unanimously. Y Motion by John Leary and seconded by Theodore Willard to accept the recommendation of the Village Administrator and appoint Janet Fournier as a temporary part -time Billing Clerk in the Public Utilities Division for the period I 8 -15 -66 to 8 -26 -66 at a salary of $1.94 per hour. Motion carried unanimously. Motion by Earl Simons and seconded by john Leary to accept the recommendation of the Village Administrator and appoint Linda Smith as a part time clerk in the Finance Department effective 8 -15 -66 and to expire 9 -27 -66 at a salary of $1.35 per hour. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: j RESOLUTION NO. 66 -247 I RESOLUTION DE14YING APPLICATION NO. 66023 SUBMITTED BY THOMAS WILDER, REQUESTING REZONING OF CERTAIN PROPERTIES WEST OF OSSEO ROAD AND NORTH OF 71st AVENUE NORTH -1 IQ R -3 AN2 R -S The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof; Philip Cohen, Earl Simons, john Leary and Theodore Willard, and the following voted against the same: none, whereupon said resolution was duly passed and adopted. Motion by John Leary and seconded by Earl Simons to amend the 1966 General Fund Budget in the following manner for the purchase of Police Department Radio Equipment Increase Police Furniture and Equipment Account No. 411 -S2 appropriation by $2,,025, 00 and Decrease Mayor and Council contingency Account No. 401 -48 appropriation by $2,,025. 00. I Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -248 I i 159 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1966 -43; SANITARY SEWER IMPROVEMENT PROJECTS NO. 1966 -41 AND 42; STORM SEWER IMPROVEMENT PROJECT NO. 1966 -40; CURB & GUTTER IMPROVEMENT PROJECTS NO. 1966 -44 AND 45; AND GRADING, BASE & SURFACING IMPROVEMENT PROJECTS - NO 1966 -46 M 47 AMR 122EPTING ADVERIJUDCHT FOR AMS The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by John Leary and seconded by Theodore Willard to accept the recommendation of the Village Administrator to approve Registered Land Survey of the Donaldson's- Golden Rule site in the Brookdale complex and authorize the Mayor and Clerk to sign the same. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to authorize the Village Administrator to negotiate the purchase of three snow plows, said purchase to be financed with funds available in the Equipment and Maintenance Account of the Street Division appropriation. Motion carried unanimously. The Village Council then considered Application No. 66061 submitted by Mehl Banta requesting a special use permit for a drive -in establishment (car wash) to include the sale of automotive fuels and further requesting approval of plans for the car wash. After due consideration of the Planning Commission's recommendations on the subject application, the Mayor then called for comments from int rested parties in attendance at the meeting. Following the presentation o said comments, and consideration of the standards to be applied in re uest for a special use permit, John Leary moved and Theodore Willard second d that the requirements for a special use permit having been applied and con idered, that the Council finds that said require- ments have been met and the efore, the Council approves the issuance of a special use permit for a car ash and sale of automotive fuel for the property at the northeast corner of the intersection of Highway No. 152 (Osseo Road) and 55th Avenue North, subj ct to the following: 1. That the site plans and building plans for the proposed structure be approved as submitted conditioned upon final approval by the Chief Building Inspector; 2. Lighting plans be subject to future approval and be separately submitted for subsequent consideration by the Village Council. Motion carried unanimously. The Council then considered Application No. 66063 submitted by W. J. Hawkes, said applicat on being a request for a variance from Section 35 -402 of the Village Ordinar res. After due consideration of the Planning Commission's recommendatio i on the subject application, the Mayor called upon interested parties in attendance for comments. After due deliberation, member Theodore Willard moved, and John Leary seconded that the Village Council finds: 1. That taking into consideration the unique circumstances of the character of the property, in conjunction with the provisions of the Village Zoning Ordinance, the applicant would be required to move his existing garage two feet in order to adhere to the strict letter of the zoning regula ns; and 2. That after applying the standards for variance set out in the Village Ordinances, a particular hardship would result to the owner- applicant; -2 wherefore, the Village Council funds that a hardship does exist, and grants a variance from Section 35 -402 of the Village Ordinances to permit a garage to be three feet from the South property line at 5907 Washburn Avenue North (Lot 8, Block 4, Hipp's 4th Addition) instead of the five feet required when the distance between the house and garage on the property is less than 20 feet. Motion carried unanimously. The Village Council then considered Application No. 66030 submitted by Donald Mason and Superamerica Stations, Inc. At the request of the Mayor, the Village Administrator read the recommendation and actions of the Planning Commission regarding the subject application. After due considera- tion of the Planning Commission's recommendations, the Mayor called upon Interested parties in attendance for their comments. The applicant, Mr. Mason., introduced Mr. Josiah Brill as his counsel and representative in these pro- ceedings, Mr. Cohen left the meeting at 8 :55 P.M. and yielded the gavel to Mr. Leary. Mr. Cohen returned to the meeting and assumed the chair at 8 :57 P. M. After due consideration of the comments made by interested parties in attendance, John Leary moved and Earl Simons seconded to close the public hearing on Application No, 66030. Motion carried unanimously. At this point, the Village Clerk, Mr. Earl Simons, read a memo from Trustee Howard Heck setting forth Mr. Heck's request that any decision on the subject application be deferred until it was possible for him to review the record and participate in the decision. . Motion by Theodore Willard and seconded by John Leary to table Application No 66030 submitted Donald Mason and Su a Stations P by pe rameric Inc. for a period of approximately 30 days to permit the Administrative Staff PP Y Y 1� and Village Attorney adequate time to research legal and factual questions I, raised in the Council's deliberation. Motion carried unanimously. The Council then considered Application No. 66050 submitted by Homedale Builders, Inc. After consideration of the Planning Commission's recommendations on the subject application, the Mayor called for comments from interested parties in attendance. After due deliberation on the comments presented and the recommendations of the Commission, Earl Simons moved and John Leary seconded that Application No. 66050 submitted by Homedale Builders, said application being a request for approval of preliminary plans of a proposed apartment development and a request for a variance from Section 35 -401 concerning density be denied, based on the following findings: I , No particular hardship to the owner of the property would result from the carrying out of the strict letter of the zoning regulations due to the particular physical surroundings, shape or topographical conditions of the specific parcel of land in- volved in the application; 2. The conditions upon which the petition for variance is based are not unique to the parcel of land for which the variance is sought, but are applicable to other properties within the same zoning classification; 3. The u se of the variat s s weir p rpo i b t upon a desire to increase the value and income potential of the subject property; 4. The alleged difficulty or hardship is not caused by the provisions of the zoning ordinance; 5. The granting of the variation from the requirements of the zoning ordinance would be detrimental to the public welfare, Motion carried unanimously. 3- -1.5 Motion by John Leary and seconded by Theodore Willard to approve the following licenses Food Establishment License Donald Zachow Rt. 1, Osseo, Minnesota (at Buyers Market Parking Lot) Voting in favor of the motion: Philip Cohen, john Leary and Theodore Willard, and against the same: Earl Simons. Motion carried. The Village Administrator presented the Proposed 1967 General and Park Fund Budget to the Village Council. Motion by John Leary and seconded by Earl Simons to adjourn. Motion carried unanimously. The Village Council adjourned at 12:30 A. M. r Clerk -4-