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HomeMy WebLinkAbout1966 09-12 CCM Regular Session 191 Minutes of the Proceedings of the Village Council of the village of Brooklyn Center in the County of Hennepin and State of esota September 12, 1966 The Village Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 P.M. Roll Call: Present were Mayor Philip Cohen, Earl Simons, john Leary and Theodore Willard. Howard Heck was absent. Also present were: D. G. Poss, T. L. Hadd, P. W. Holmlund, Roger Van House, James Johnston, Richard Cihoski and Jean Murphey. Reverend Thomas Morrissy of St. Alphonsus Catholic Church offered the invocation. Motion by Theodore Willard and seconded by John Leary to approve the minutes of the September 6, 1966 Council meeting as recorded. Motion carried unanimously. Representatives of the Brooklyn Center Jaycees appeared before the Council to discuss the up- coming observation of Patriotism Day in Brooklyn Center. The Council then discussed the appeal to the Administrator's ruling of August 17, 1966 regarding removal of a non- conforming structure formerly used for outdoor sales by Shopper's City, Inc.,, 3600 - 63rd Avenue North. Mr. Roth, an officer of the Corporation, explained that he wished to retain the building on the commercial property rather than remove it in compliance with the provisions of the Special Permit. Following comments from Mr. Roth and from the Administrative Staff, the Council reviewed the record concerning this appeal, including the Application No. 66010 and took the following action: Motion by Theodore Willard and seconded by Earl Simons that the order of the Village Administrator be upheld and that the accessory building structure now installed in the parking lot of Shopper's City south of the store building be removed from the property within a time to be set by the Village Administrator. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to table Application No. 66030 (amended) submitted by Superamerica Stations and Donald Mason until the special meeting of October 13, 1966, since the court reporter's transcript had only recently been received and to allow additional administrative study and legal research on the part of the Village Attorney. Motion carried unanimously. The next items to be considered were Applications `No. 66037 and 66019 submitted by DEMAC, Inc. concerning rezoning of the property within DEMAC Addition, issuance of a special use permit for a service station on Lot 3 of that addition,, a s n, and approval of plans of the station. Following a discussion of the factors involved, including consideration of the record of the public hear- ing before the Planning Commission, the following action was taken: Motion by john Leary and seconded by Theodore Willard to approve that portion of Application No. 66037 concerning rezoning, and to rezone Lot 3 of Block 1, DEMAC Addition to R3 (townhouse) and Lots 2 and 3 of Block 1, DEMAC Addition to B3 (general business). Motion carried unanimously. . Johnston, Village Attorney, was then asked to draft the additional motions and resolutions to accomplish the requested special use permits and plan approvals for Council action later in the meeting. - 1- 193 Motion by John Leary and seconded by Earl Simons to table action on Application No. 66061 submitted by Mehl Santa until the meeting of September 19, 1966, at the request of the applicant. Motion carried unanimously. Motion by john Leary and seconded by Theodore Willard to approve the plans submitted with Application No. 66060 Omvised) for the Goodyear and Brookdale Superette buildings to be located at 5501 to 5515 Xerxes Avenue North, with the following conditions: 1. That the plans be subject to the approval of the Building Inspector; 2. That there is no consideration or approval being given to any free-standing sign in this appllcatim. And further, regarding the required parking for the Goodyear Retail Store/ Service Center site and other similar uses in the future, the Village C1 finds that the Planning Commission's interpretation in accordance with the provisions of Section 35 -704 (for uses not covered explicitly by the list) is proper, and that a. The service bay portion of the building shall provide three parking spaces per bay, one of which may be in each of the bays; b. The retail store portion of such an establishment shall provide parking in accordance with the provisions of "other retail stores or centers" of Section 35 -704. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Simons that Applic*- tion No. 66067 submitted by Mrs. Mabel Stewart be approved, and a variance from Section 15 -104 be allowed to allow a subdivision of land without a plat on the basis of the Council's determination that the Standards for variance from the Platting Ordinance set out in Section 15 -112 have been met by the applicant and that a hardship exists; further, that combination and division of the Properties into two parcels be approved including approval of a corner lot 75 feet in width measured along 62nd Avenue North to the east of Camden Avenue at the northeast corner of Camden and 62nd Avenues North. Motion carried unanimously. Motion by john Leary and seconded by Earl Simons to table action on Application No. 66045 submitted by john Greenly to allow this applicant to revise his application in accordance with his oral statements made to the Planning Commission at its September 1, 1966 meeting. Motion carried unanimously. I Mayor Cohen left the meeting at 9 :50 P. M. , turning the chair over to Mr. Leary. Mr. Murphey, Building Inspector for the Village, reported on the fthom nuisance abatement at 5444 Humboldt Avenue North, indicating the property no longer was in a hazardous condition. Mayor Cohen returned and assumed the chair at 9:55 P. M. Motion by Theodore Willard and seconded by Earl Simons to direct the Village Attorney to dismiss further action on the Bateman nuisance abatement Proceeding. Motion carried unanimously. Discussion resumed on Applications 66019 and 66037 submitted by DEMAC, Inc. Following further discussion of the applications and comments by the Village Staff, the following action was taken: Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66-267 RESOLUTION APPROVING SERVICE STATION, SPECIAL USE PERMISSION AND PLANS AS REQUESTED IN APPL GAT ONS 66019 and 66Q37 SUB D PX DE Inc 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. The next application to be considered was Application No. 66038 sub- mitted by Shell Oil Company. The application requested rezoning of the pro- perty within Shell's Brooklyn Center Addition to 83 and a special use permission for the construction and operation of the service station on Lot 1 of Block 1, Shell's Brooklyn Center Addition. Following a discussion of the factors involved, including the Considera- tion of the record of the public hearing of this application before the Planning Commission, the following action was taken: Motion by john Leary and seconded by Earl Simons to approve the rezoning as requested in Application No. 66038 by Shell Oil Company and rezone Lots 1 and 2 of Block 1, Shell's Brooklyn Center Addition to B3 (General Business). Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -268 RESOLUTION APPROVING SERVICE STATION, SPECIAL USE PERMISSION AS REQUESTED IN APPLICATION NO. 660 8 SUBMITTED B SHELL QILM The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, 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. Member Theodore Willard introduced the following ordinance amendment, moved to waive a complete second reading, and further moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE ORDINANCES OF THE VILLAGE OF BROOKLYN CENTER, SAID CHAPTER BEING KNOWN AS THE "ZONING ORDINANCE OF THE VILLAGE OF -- B9DQKLYN CANTF� THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 35 of the Village Ordinances is hereby amended by the addition thereto of the following: Section 35 -816. entitled MULTIPLE FAMILY RESIDENCE DISTRICT - (Town House-Garden Apartments (R -3} is hereby amended � by the addition j thereto of the following: "Lot I Block 1, DEMAC Addition" -3- 199 Section 35 -840. entitled GENERAL BUSINESS DISTRICTS (B -3) BOUNDARIES is hereby amended by the addition thereto of the following: "Lot 2, Block 1, DEMAC Addition" "Lot 3, Block 1, DEMAC Addition" "Lot 1, Block 1, Shell's Brooklyn Center Addition" "Lot 2, Block 1, Shell's Brooklyn Center Addition" Section 2: This ordinance shall take effect from and after its legal publication. Adopted this 12th day of September, 1966. The motion for the adoption of the foregoing ordinance amendment 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 ordinance amendment was declared duly passed and adopted. The final Planning Commission application to be considered was No. 66039 submitted by Shell Oil Company. The application requested a special use permit to construct and operate a service station at the southwest corner of 69th and Humboldt Avenues North. The requested special use permit was ;issued and plans for the station were approved by the Council on July 11, 1966, with approval of lighting plans being deferred. Following examination of the lighting plans submitted, the following action was taken: Motion by John Leary and seconded by Theodore Willard, to approve the lighting plans submitted by Shell Oil Company in conjunction with Application No. 66039 provided that, when installed, they meet the requirements of the zoning ordinance regarding lighting and also meet the following standard: 1. Direct rays of light and glare shall not pass beyond the property lines of the property utilizing such illumination at an intensity greater than three foot candles measured at property lines abutting residentially zoned property, or ten foot candles measured at property lines abutting street rights -of -way and other commercially zoned property. Motion carried unanimously. Mr. john Leary left the meeting at 10 :35 P. M. Mr. Oiva Penttila appeared before the Council and discussed the audit of Village accounts for 1965. In addition, Mr. Penttila presented his recommendations as regards the improvement of the current accounting system. Motion by Theodore Willard and seconded by Earl Simons to accept the 1965 audit report and recommendations as submitted by Moen and Penttila. Motion carried unanimously. The bills having been audited, Earl Simons moved and Theodore Willard seconded to order paid the bills set forth in the schedule dated September 12, 1966, and filed in the permanent record book. Motion carried unanimously. Motion by Earl Simons and seconded by Theodore Willard to accept the recommendation of the Village Administrator and terminate the temporary employment of the following Street Department personnel: Michael, Robold 9 -2 -66 Byron Johnson 9 -7 -66 Motion carried unanimously. -4- 2®1 Motion by Theodore Willard and seconded by Earl Simons to accept the recommendation of the Village Administrator and terminate the temporary employment of the following Liquor Store personnel: Robert Foster 8 -17 -66 Raymond Bruce 8 -26 -66 Mom carried unanimously. Motion by Earl Simons and seconded by Theodore Willard to accept the recommendation of the Village Administrator and appoint the following persons at the salaries listed, as staff for the Fall Recreation program, said appoint- ments to be effective as follows: Janet Kaiser Playground Leader $ 2.50 /hr. Dennis Axen Playground Leader 2.50 /hr. Marsha Corey Playground Leader 2.50 /hr. Tom Ubl Playground Leader 2.50 /hr. Rochelle Itman Playground Leader 2.50/hr. James Kraby Playground Leader 2.50 /hr. Patricia Kraby Playground Leader 2.50 /hr. Patricia Jones Recreation Leader 2.50 /hr. Karen Neitzke Recreation Leader 2.50 /hr. Shirley Swenson Recreation Leader 4.00 /hr. Robert Swedberg Recreation Leader 4.00 /hr. Nancy Syverts Recreation Leader 2.00/hr. Douglas Johnson Recreation Leader 4.00 /hr. Fern Johnson Recreation Leader 2.50 /hr. Joan Gustafson Ballet Instructor 6.00 /hr. Clarence Peterson Square Dance Instructor 5.00 /hr. Joy Schockley Tap 6 Baton Instructor 6.00 /hr. Robert Braun Recreation Leader 2.50 /hr. Glynellyn Braun Recreation Leader 2.50/hr. Wallace Bernards Bridge Instructor 7.50 /hr. Earl Martin Bridge Director 2.00 /hr. Lester Eck Ballroom Dance Instructor 10.00 /hr. June Scofield Chorus Director 75.00 /mo. Richard Papke Band Director 75.00 /mo. Dorthea Dale Pianist 45.00 /mo. Ann Zaleski Recreation Leader 5.00 /hr. John Tischman Judo Instructor 1.50 /hr. Curtis Johnson Art Instructor 5.00 /hr. Motion carried unanimously. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -269 RESOLUTION ACCEPTING WORK (CONTRACTED BY VILLACZ) 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: Philip Cohen, Earl Simons and Theodore Willard, 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. 66r -270 RESOLUTION ACCEPTING WORK (9QNTMQTED .. OX .YILIAE) _5_ 203 The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66271 RESOLUTION ACCEPTING WORK (NEGOTIATED CONTRACT) 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: Philip Cohen, Earl Simons and Theodore Willard, 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. 66-272 RESOLUTION ACCEPTING WORK l (NEGOTIATED CONTRAC� The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mr. Poss reviewed the projects to be considered in the up- coming Special Assessment hearings and responded to various questions raised by the Council. Motion by Theodore Willard and seconded by Earl Simons to adjourn. Motion carried unanimously. The Village Council adjourned at 12 :15 A. M. L Mayor Clerk -6-