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HomeMy WebLinkAbout1966 11-14 CCM Regular Session 279 Minutes of he Proceedings of the Village Council of a Village of Brooklyn Center in the Coun y of Hennepin and State of inns ota November 14, 1966 The Village Council met in regular session and was called to order by Mayor Philip Cohen at :30 P.M. Roll Call: Mayor P ilip Cohen, Earl Simons, John Leary, and Howard Heck were present. Also present were: D. G. Poss, Roger Van House, James Johnston, Charles Van Eec bout and Richard Cihoski. Reverend Harold Zart of the Harron Methodist Church offered the invocation. Motion by John Leary and seconded by Howard Heck to approve the minutes of the November 7 1966 Council meeting as corrected. Motion carried unanimously. Mr. Willard arrive at 7 :35 P.M. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -296 RESOLUTION ACCEPTING WORK LQQNiB&0 DI NEgMIMD The motion for the adoptior of the foregoing resolution was duly seconded by member Theodore Willar , and upon vote being taken thereon, the following voted in favor thereof: Phi ip Cohan, John Leary, Earl Simons, Howard Heck 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. 66 -297 RESOL ION ACCEPTING WORK CONTRA OTIA D 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: Philip Cohen,, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the llowing voted against the same: none, whereupon said resolution as declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RES LUTION NO. 66 -298 RESOL ION ACCEPTING WORK C RA D The motion for the adoptio of the foregoing resolution was duly seconded by member Earl Simons, an upon vote being taken thereon, the following voted in favor thereof: Phi ip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard, and he following voted against the same: none, whereupon said resolution as declared duly passed and adopted. -1- r _ 281 Member Earl Simons introduced the following resolution and moved its adoption; RESOLUTION NO. 66 -299 RESOLUTION ACCEPTING WORK (CO,MMUR BY UWAM 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, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -300 RESOLUTION ACCEPTING WORK (CORATE„R BY SAGE 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, John Leary, Earl Simons, Howard Heck 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. 66301 RESOLUTION ACCEPTING WORK 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: Philip Cohen, John Leary, Earl Simons, Howard Heck 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 -302 RESOLUTION ACCEPTING WORK (COQ' BAQTED BY VILLAJZ)_,, 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, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved Its adoption; RESOLUTION NO. 66 -303 RESOLUTION ACCEPTING WORK 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, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 2 - 283 Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -304 RESOLUTION ACCEPTING WORK . MOKIRACM gY VILIA 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: Philip Cohen, john Leary, Earl Simons, Howard Heck and Theodore Willard, 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. 66 -305 RESOLUTION ACCEPTING WORK 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, Howard Heck, John Leary 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 -306 RESOLUTION ACCEPTING WORK (COMMOTEP Bx VILLAGE) 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption:. RESOLUTION NO. 66 -307 RESOLUTION ACCEPTING WORK (99N]MTE12 @X Ag&) 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, Howard Heck 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 adoptions RESOLUTION NO. 66 -308 RESOLUTION ACCEPTING WORK (CONTRA 12 RY VIUAGE.) 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: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -3- Member Howard Heck introduced the following resolution and moved 285 its adoption: RESOLUTION NO. 66 -309 RESOLUTION ACCEPTING WORK (CONTRACT BY VILLAGE) 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, Howard Heck, john Leary 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 -310 RESOLUTION ACCEPTING WORK - (CQURA�T,ED BY VILLAGE) 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, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -311 RESOLUTION ACCEPTING WORK (C-QUIMIZ12 BY VILLAGE,_) , 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, Howard Heck 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. 66 -312 RESOLUTION ACCEPTING WORK (CO NMW3ZD BY VILLAGE 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: Philip Cohen, Earl Simons, Howard Heck, john Leary and Theodore Willard, 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. 66 -313 RESOLUTION ESTABLISHING AND RE- ESTABLISHING EARLE BROWN FARM SPECIAL ASSESSMENTS ON HENNEPIN COUNTY R 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, john Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -4- r 287 The Council then considered Application No. 66066 submitted by Richard Rocksted. The application requested a rezoning from R1 (single family residential) to RB (residential business) of the properti at 6045 Osseo Road, which is the southwest corner of the intersection of 61 t Avenue North and Osseo Road. In addition, an amendment to the application requested approval of the site plan for a proposed beauty shop use on the property, assuming its rezoning to RB. Following consideration of the lanning Commission's recommendations of October 27 and November 10, 1966, and discussion of the merits of the request by the Council, the following action was taken: Member Theodore Willard introduced the following res Dlution and moved its adoption: RESOLUTION NO. 66 -314 RES , K)N AP=V1Nr AP CAI XQ g 66066 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, john Leary, Earl Simons, Howard Heck 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 approve the site plan of a proposed beauty shop on the property at 6045 Osseo Road as submitted in conjunction with Application No. 66066. Motion carried unanimously. The next application to be considered was No. 66076 ubmitted by Christine Isaac. Mrs. Isaac requested a special use permit to allow a beauty shop as a special home occupation at 6325 Osseo Road. Following discussion of the application, including comments from Mrs. Isaac and consideration of the Planning Commission's recommendation, the following action was taken: Motion by Howard Heck and seconded by Earl Simons that it is the Village Council's finding that the request for a special use permit for a special home occupation at 6325 Osseo Road (Lot 2, Block 2, Fairme ows Addition) has met the standards of the zoning ordinance set out for the Issuance of special use permits, and therefore determines that the special use permission requested be approved for the beauty shop, provided that the pplicant provides adequate space on her property for vehicles to turn around before entering onto Osseo Road, and further provided that the special use per- mission shall be reviewed in one year to determine whether it shall continue. Motion carried unanimously. Motion by john Leary and seconded by Howard Heck t approve the plans submitted by Joslyn Manufacturing Company of 49th and France Avenues North, to permit the construction of an industrial building on he property. Motion carried unanimously. Application No. 66078 was next heard. Submitted by LeRoy Ahlert, the application requested special use permission to permit the erection and use of an accessory building on the Rl zoned property at 5412 Girard Avenue North (Lot 23, Block 1, Fairhaven Park Addition). Following discussion of the application, including solicitation of comments from those present, and following a review of the Planning Commission's recommendation, the following action was taken: Motion by Howard Heck and seconded by john Leary that the Village Council finds the following in regard to Application No. 66078: 1. The proposed use, since it is not permanently aff ed to the land, but is movable, is neither a structure nor a building as defined in Chapter 35 of the Village Ordinances, but is, in the Village Council's opinion, comparable to a garage which is a building and a permitted use in an R1 zone; -5- 2. The proposed use is a non - commercial use compatible with the permitted uses in an RI district; 3. The standards for special use permits are met by this proposed use; and therefore it is the Village Council's determination that the special use permission requested by Mr. Ahlert be approved with the condition that the setback requirements applied to this structure shall be the sarne as those applied to garages. Motion carried unanimously. Mr. Lushine and Mr. Leverone of Brooklyn Center Industrial Park, Inc. appeared to represent Application No. 66069 submitted by John D. Sheehan. The application requested rezoning from R5 (multiple dwelling residence) to B2 (regional business), and issuance of a service station special use permit for the property at the northwest corner of the intersection of 5th and Humboldt Avenues North (further described by a survey on file in the Village offices). Following a lengthy discussion of the request, Including comments from the applicants, Council and Staff, the following action was taken: Member Theodore Willard introduced the following resc lution and moved its adoption: USOkUMN 12&=KQ AZrQQA JQK Ko .66069 WHEREAS, Application No. 66069 submitted by john D. Sheehan has requested rezoning from R5 to B2 of the property at the northeast corner of the intersection of 65th and Humboldt Avenues North; and WHEREAS, the Planning Commission has recommended enial of the application for rezoning and a special use permit; and WHEREAS, the granting of said request would be contr ry to the goals and recommendation of the comprehensive plan; NOW, THEREFORE, BE IT RESOLVED that the requested rezoning to a B2 zoning classification be denied. (the foregoing resolution died for lack of a second). Motion by john Leary and seconded by Howard Heck to direct the Administrator and Village Attorney to draft a resolution and ord nance amend- ment to accomplish the rezoning to B2 (regional business) as quested in Application No. 66069, including in such resolution statement which would indicate that the comprehensive plan is a guide plan which ha always been conceived of as being a general policy plan, and one which w uld need adjustments from time to time in the future as conditions chan ed, and also recognizing the fact that the applicants have submitted a lette of intent regarding the property which they own to the north of this pro rty, stating that they would not request in the future any rezoning of this o her property to commercial use. Voting in favor of the motion: Howard Hec k, Earl Simons, Philip Cohen and john Leary, and against the same: TheodoreYtillard. Motion carried. The Village Council then discussed with Mr. Leverone nd Mr. Lushine the proposed development of Brooklyn Center Industrial Park, nd noted that the Planning Commission on November 10th has also discusse this with them, and had, in fact, upon the developers' request, issued a state nent of intent regarding certain proposed rezoning from industrial to commerc al on the southern portion of the Industrial Park property adjacent to Trunk Highway No. 100. Motion by Theodore Willard and seconded by john Lea that it is the concensus of the Village Council that the Council would tend to consider favorably a request for rezoning from industrial to commercial of the property adjacent to Trunk Highway No. 100, which is contained in the Brooklyn Center Industrial Park (formerly the Earle Brown Farm), upon s bmission of a formal application to that effect supported by preliminary deve pment plans of the area indicating proposed types of uses, access, utilitie , and other pertinent information. Motion carried unanimously. -6 2 9 8 Application No. 66081 was next considered; submitted by Mr. & Mrs. David Kanatz, it requested a variance from Section 35 -401 to permit con- struction of an attached garage three feet from the west side property line at 2901 O'Henry Road. Following discussion of the application and review of the Planning Commission's record regarding the application, the following action was taken: Motion by John Leary and seconded by Howard Heck tat the Village Council finds that the standards for variance have been met t y this applica- tion, in that an undue hardship would result if the requireme is of the ordinance were strictly applied, due to the fact that the property lines do not meet at 90 angles, and that a variance is hereby granted to How construc- tion of the garage attached to the home at 2901 O' Henry Road provided that it be no closer than five feet to the property line at its north rner and three feet to the property line at its south corner. Motion carried nanimously. The Mayor then called for consideration of Application No. 66073 sub- mitted by Smestad and Engquist Construction Company. As no representative of the applicant was present, member John Teary moved and Howard Heck seconded that Application No. 66073 be tabled until the Cou cil meeting of November 21, 1966, and that notification of this change in date of the hearing be sent to those parties previously notified. Motion carried unanimously. Mr. Heck left the meeting at 11:25 P.M. Motion by Theodore Willard and seconded by John Leary to approve the final plat of Kauffman 5th Addition and direct the Mayor and Clerk to sign such plat. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to accept the termination of employment of James Faris, effective 11 -2 -66, as a part -time Liquor Store Clerk. Motion carried unanimously. Mr. Heck returned to the meeting at 11;30 P.M. Motion by Howard Heck and seconded by John Leary to authorize the Mayor and Clerk to execute a contract with Cargill, Inc. , for the furnishing of ice control salt during the 1966 -1967 winter season. 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 November 14, 1966, and filed in the permanent record book. Motion carrik unanimously. Motion by Earl Simons and seconded by John Leary to Bdjourn. Motion carried unanimously. The Village Council adjourned at 11;45 P. M. L , 164 Mayor Clerk