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HomeMy WebLinkAbout1967 01-09 CCM Regular Session r Minutes of the Proceedings of the City Council of the City of Brooklyn Center in the County of Hennepin and State of -- Minnesota January 9, 1967 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7;30 P.m. Roll Call: Philip Q. Cohen, Howard Heck, Gordon Erickson and Theodore Willard were present. John Leary was absent. Also present were: D. G. Poss, T. L. Hadd, P. W. Holmlund, Charles Van Eeckhout, James Johnston, Richard Cihoski and Jean Murphey. Motion by Theodore Willard and seconded by Howard Heck to approve the minutes of the January 3, 1967 City Council meeting as recorded. Motion carried unanimously. The next item to be considered by the City Council was ?application No. 66061 submitted by Mel Banta, said application being a request for an amend- ment to the special use it rat - granted ed August 15, 1966 for a car wash. service station facility at 5500 Osseo Road, to permit a freestanding sign at the facility. After due consideration of the Planning Commission's recommendation thereon, and staff comments pertaining to the application, member Theodore Willard moved and Howard Heck seconded that the special use permit granted by the City Council on August 15, 1966 for the facility at 5500 Osseo Road be amended by the addition of a condition permitting a freestanding sign to be Installed on the southwest corner of the property, said sign to be of the type described on the drawing submitted and approved hereby, and further provided, that the sign be no greater in height than 20 feet above curb grade at the curb- line nearest the sign location. Motion carried unanimously, Mr. Leary arrived at 7:40 P.-M. Mayor Cohen left the meeting at 7;40 P. M. and Mayor Pro-tem Howard Heck assumed the chair. The next item to be considered was Application No. 66072 submitted by Red Owl Stores, Inc. , requesting building plan approval for the facility to be located at 5425 Xerxes Avenue North. After consideration of the Planning Commission's recommendation on the subject application and staff comments related thereto, member Gordon Erickson moved and Theodore Willard seconded that the building plans submitted in conjunction with Application No. 66072 be approved as submitted, subject to the following conditions: 1. That a performance agreement and performance bond be submitted to guarantee the site improvements to be installed, said bond to be in an amount to be determined by the City Engineer, 2. That no approval of freestanding signing is being con- siderod at this time; 3. That the construction plans be subject to the final review and approval of the City Building Inspector, Motion carried unanimously. Motion by John Leary and seconded by Gordon Erickson to acknowledge receipt from the 'Planning Commission of a final draft of the proposed sign ordinance. Motion carried unanimously. Mayor Cohen returned to the meeting at 7:50 P. M. and resumed the chair. -1- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -11 RESOLUTION REQUESTING SIDEWALK AMENDMENT TO MUNICIPAL, STATE AID ?, S AWS' 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, Gordon Erickson, 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 Lary and seconded by Gordon Erickson to confirm the Mayor's appointment of Mr. Adrian Dorenfeld as a member of the Planning Commission, said appointment to expire 12- 31 -68. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the following licenses: Cigarette Licenses: Bess's tat Shop 3701 - 50th Avenue North Boutells 5701 Xerxes Avenue North Brookdale Motors, Inc. 2500 County Road 10 Brooklyn Center Mobile Service - 6100 Osseo Road Brooklyn Center Shell Service - 6245 Osseo Road Brooklyn Center 11 66" Service - 6850 Osseo Road Burger ling 6110 Osseo Road Clymers Dairy Store 5845 North Lyndale Kroger Company 6215 Osseo Road Lane and Ernst 6912 Osseo Road' Lanes City Service 6900 Osseo Road Mobile 'Service Station 6849 Osseo Road Sears Roebuck 1297 Brookdale Center Shoppers' City 3600 - 63rd Avenue North Quickies Service Spur 6830 Osseo Road' Quik Pic Superette 4401 - 69th Avenue North Coin Ogeratina Dry Cleaners License: Shopperrs' City 3600 - 63rd Avenue North Food Zgtablishment I Servomation Twin Cities, Incr6801 Osseo Road Food Vehicle License: Servomation Twin Cities, Inc.-6801 Osseo Road garbagg & Rubbish gaulinng Li ensa: Boyer Garbage Service Hamel, Minnesota D. Shobe & Son Disposal Service - 4611 Lyndale Avenue North gasoline: Service Station License: Shoppers' City 3600 - 63rd Avenue North Motion carried unanimously. Mayor Cohen and Councilman Heck reported on the debate and action taken at the January 5, 1967 meeting of the Hennepin County League of Municipalities. The Mayor then announced that the Council was convened as a Board of Appeals to consider the appeal of Twin Realty Investment Inc., from a ruling of the City Building Inspector. After outlining the procedures to be followed during the hearing., the Mayor called upon the City Manager, Mr. Poss, to review the events leading up to the appeal by 'Twin Realty Investment, Inc. r r After Mr. Poss had completed his comments, the Mayor called upon represen- tatives; of Twin Realty to present their appeal. Mr. Siegel, a principal of the firm, appeared before the Council. IN&, Siegel stated that his firm was pre - pared to amend their appeal to include only two points: 1. Reduction of performance bond requested from the required amount of $25,,000.00 to $10,,000.00; 2. Extension of the time period of the bonds from 3 years to 3 -1/2 years. I Mr. Siegel stated that he was prepared to waive all other points of the appeal which were outlined in the appellant's complaint to the District Court. Mr. Siegel offered a public apology to Mr. Poss, Mr. Murphey and to the City Council for allegations made in his complaint to the District Court. The Mayor then called for questions from members of the Council, following which questions, Howard Heck moved and john Leary seconded to close the hearing on the appeal of Twin Realty Investment, Inc., from the ruling of the City Building inspector. Motion carried unanimously. The Council then discussed the pros and cons of the questions presented before them as the Board of Appeals and after due deliberation, member Theodore Willard moved and Howard Heck seconded that the City Manager be directed to prepare a resolution setting forth the factors leading up to the appeal, noting the appellant's withdrawal of all points other than the two aspects of the amended appeal, and further, setting forth the Board of Appeal's determination that the performance bond shall remain at $2S,000.00 as set by the City Manager, and further providing that the term of the bond be set at 3 -1/2 years. Motion carried unanimously. The City Council then discussed complaints relating to the lighting installation at the Chrysler Motors facility on Osseo Road. The City Council discussed the League of Minnesota Municipalities Legislative proposals, Mr. Hame n ek and Mr Parady representing the Brooklyn Center Chamber of Commerce Legislative Committee and Mr. William Arrell, representing the City of Brooklyn Center Charter Commission were Present to discuss proposed legislation of particular concern to their respective groups. Motion by Theodore Willard and seconded by Gordon Erickson to adjourn. Motion carried unanimously. The City Council adjourned at 11 :25 P.M. Mayor Clerk -3-