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HomeMy WebLinkAbout1966 02-14 CCM Regular Session 255 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 14, 1966 The Village Council met in regular session and was called to order by Mayor Philip Cohen at 7 :3Q P.M. Roll Call: Mayor Philip Cohen, John Leary, Earl Simons and Howard Heck. Also present were: A. J. Lee, D. G. Poss, T. L. Hadd, P.W. Holmlund, Roger Van House and James Johnston. Reverend Vick of Berean Evangelical Free Church offered the invocation. Trustee Theodore Willard arrived at the meeting at 7 :35 P.M. Motion by John Leary and seconded by Howard Heck to approve the minutes of the February 7, 1966 meeting as recorded. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -24 RESOLUTION DENYING APPLICATION NO. 65Q93 BY WUJAM ZIESKA The motion for the adoption of the foregoing resolution was duly seconded by member 11toodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: Earl Simons, whereupon said resolution was declared duly passed and adopted, Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -25 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER IMPROVEMENT NO. 1966 -4 AND PROVIDING FOR REIMBURSEMENT OF UNASSESSED COST F hIATER IMPAMMENJ M 196Q- I 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 ljwry,, 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 -26 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SURFACING IMEH=hZNT N,0.1966 -5 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. -1- Motion by Earl Simons and seconded by John Leary to declare the first reading of an Ordinance amending Chapter 17 of the Village Ordinances Pertaining to clarification of overtime payment provisions and the employ- ment status of permanent rodmen, and further moved to order the amendment to be placed on the February 28th agenda for second reading and adoption. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Vuillard to accept the recommendation of the Village Administrator and appoint Dennis Myran and Miland Brown as permanent rodmen in the Engineering Division, effective January 1, 1966. Motion carried unanimously. Motion by John Leary and seconded by Earl Simons to accept the recommendation of the Village Administrator and accept the resignation of Mr. Wallace Larson as a Park Maintenance Man, effective February 7, 1966. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to accept the recommendation of the Administrator and appoint Mr. Dale Larson as a part - time Liquor Store Clerk at a salary of $1.50 per hour, effective February 10, 1966. Motion carried unanimously. Motion by Theodore Willard and seconded by John Leary to accept the recommendation of the Administrator and accept the resignations of Kent Miller, Thomas Harrer and Harley Gunderson, as part -time Liquor Store Employees, effective February 14, 1966. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the upgrading of the Administrative Radio System as outlined in the Administrative Proposal dated February 4, 1966, and to authorize the expenditure of $400.00 from the Public Utilities Funds for that purpose. Motion carried unanimously. Motion by Earl Simons and seconded by Theodore Willard to approve the fallowing licenses; Claa arette Licenses- Boutells (Vendall Co.) 5701 Xerxes Ave. No. Brooklyn Center Texaco 6810 Osseo Road North FoodEstablishment ,licenses Buyer's Market, Inc. 6801 Osseo Road North S.G. Clymer's Grocery 5645 Lyndale Ave. No. Shopper's City, Inc. 3600 63rd Ave. No. Food Vehicle Licenses: Gilgosch & Kane, Inc. 5948 Pleasant Ave. Landy, Inc. 419 2nd Ave. No. May Bros. Co. 3501 Marshall St.N.E. Old Home Foods,Inc. 376 University Ave., St. Paul Progressive Dairy, Inc. Maple Lake, Minn. Food VendLM Licenses: Jude Candy & Tobacco Co. 169 Yoho Drive, Anoka Boutells (Vendall Co.) 5701 Xerxes Ave. No. 1820 E. 38th St. Caasoline Service Station License• Belt Line 11 66 " Service 5001 Drew Ave. No. ,Heating, License Northern Air Cond. Co. 414 6th Ave. No. Motion carried unanimously. The Village Council considered the recommendation of the Planning Commission on Application No. 66001, submitted by Robert L. Baldwin, requesting rezoning to B3 and further requesting a special use permit for a service station and approval of site and building plans for said station for -2- the property at the southwest corner of the intersection of France Avenue North and Highway 100, described as Tract A, R. L. S. # 1082 and Parcel 2900, Section 10. The Council then called for comments from parties in attendance in support of, or against the application. After consideration of the foregoing comments, Member Theodore Willard moved and Member Howard Heck seconded the motion to deny Application No. 66001 submitted by Robert L. Baldwin for the rezoning of the aforementioned parcels and a special use permit for the following reasons: 1. The proposed use is incompatible with the residential elements in the existing neighborhood. 2. The requested zoning is not in agreement with the proposed comprehensive land use planning for the area. 3. The present zoning is RB and the R5 zoning proposed by the Planning Commission for the area is adequate. Motion carried unanimously. The Council considered the recommendation of the Planning Commission on Application No. 65101 submitted by Lundstrom Construction Company and Thorpe Brothers Realty regarding the preliminary plat of Edling's 4th Addition, and called for comments from interested parties in attendance. Motion by John Leary and seconded -by Theodore 'Willard to approve Application No. 65101 submitted by Lundstrom Construction Company and Thorpe Brothers Realty and approve the preliminary plat of Edling's 4th Addition coneistinq of the present Outlot 1, Edling's 3rd Addition, provided that: 1. A 10 -foot wide temporary drainage easement be provided on the south line of Lot 2, Block 2, of said plat. 2. The driveways to be installed on Lot 2, Block 2, and Lot 3, Block 1 be placed on the north side of those lots, so as to aid in properly maintaining the dead -end street. Motion carried unanimously. The Council then considered the Planning Commission's recommenda- tion on Application No. 66002 submitted by Fireside Realty, et al., request- ing the rezoning of certain properties between 71st Avenue North and the North Village limits, west of Osseo Road, from the present Rl zoning to an R5 zoning district. The Council then called for comments from interested parties in attendance. After consideration of the comments made in support of the application and objections thereto, Member Howard Heck moved and John Leary seconded that Application No. 66002 submitted by Fireside Realty, et al., for the rezoning of the aforementioned properties, be denied for the following reasons; 1. The R5 uses requested are not appropriate for the entire area. 2. A transitional use should be employed between the existing R1 uses and more intense development. 3. A master development plan for the entire ,subject area be developed. 4. The requested zoning is inconsistent with the proposed,, zoning set forth in the Planning Commission's recommendations for the area. Motion carried unanimously. The Council then considered the Planning Commission's recommenda- tion on Application No. 66003 submitted by Thomas Gomilak requesting a variance from Section 35 -401 and Section 35 -402 of the Village Ordinances, to allow construction of a 12' x 24' attached garage on the east side of his home at 2901 63rd Avenue North (Lot 10, Block 8, Garden City 1st Addition), and to permit the completed garage to be 3 feet from the east property line of said parcel. The Mayor then called for comments from interested parties in attendance. After consideration of the foregoing information and comments, Member John Leary moved and Member Theodore - Willard seconded to approve Application No. 66003 submitted by Thomas Gomilak, and to grant the aforementioned variances. Motion carried unanimously. The Council then considered Application No. 66004 submitted by William Haugh on behalf of William F. Young, owner of a portion of Lot 15, Auditor's Subdivision No. 310, said application being a request for a variance from Section 15 -104, to permit the division of that portion of Lot 15, Auditor's Subdivision No. 310, lying between Lyndale Avenue North and Willow Lane, by metes and bounds description. The Mayor then called for comments from interested parties in attendance. I After considering the foregoing comments, information and recommenda- tions, Member Theodore Willard moved and Member ,john Leary seconded to approve Application No. 66004, submitted by William Haugh, and grant the variances outlined above. Motion carried unanimously. The Council then considered Application No. 66006 submitted by Engler and Associates Architects for the approval of plans for an addition to the existing Brookdale Covenant Church building at 5139 Osseo Road. After consideration of the Planning Commission's recommendations on the subject application, and review of the plans, Member Howard Heck moved and Member Earl Simons seconded that Application No. 66006 be approved and the plans be approved as submitted. Motion carried unanimously. The Council then considered the Planning Commission's recommenda- tions on Application No. 65103 submitted by Martin F. Colon requesting the rezoning of portions of Block 1, Olsons Island View Terrace Addition to R5 and B3 for service station and multiple dwelling uses. The Mayor then called for comments from interested parties regarding the application. After consideration of the Planning Commission's recommendations and the comments made to the Council, Member Earl Simons moved and Member John Leary seconded to approve Application No. 65103 submitted by Martin F. Colon and grant a rezoning to B3 of Lots 2 and 3, excepting the public street therein, Block 1, Olsons Island View Terrace Addition, and grant rezoning to R5 of Lot 1, 8, 9 and 10, except public streets therein, of the same block and addition, provided, however, that the two lots to be zoned B3 shall be combined into one parcel, and the four lots to be rezoned to R5 shall be combined into one parcel before said rezoning will be finally effected. Motion carried unanimously. The Council then considered Application No. 65104 submitted by R. R. McChesney for the approval of a preliminary plat of "R. R. McChesney and Sons 2nd Addition" and approval of site plans and building plans. The Council reviewed the Planning Commissions recommendations on the subject application and the Mayor then called for comments from interested parties In attendance. After consideration of the foregoing information and discussion, Member Theodore Willard moved and Member John Leary seconded to table action on Application No. 65104 until February 21, 1966 in order to permit the Council to consider the impact of their decision in greater depth and further to provide the Attorney time to research the legal implications of imposing a more restrictive zoning on the subject property. Motion carried unanimously. ,4 _ Member Theodore Willard left the meeting at this point, 11:30 P. M. . The bills having been audited, Earl Simons moved and John Leary seconded to order paid the bills set forth in the schedule dated February 14, 1966, and filed in the permanent record book. Motion carried unanimously. Member Howard Heck inquired of the chair whether the Council would permit him to change his vote on the action retaining the firm of Lindquist, Magnuson and Glennon as counsel for hearings on the removal of Brown Farm from the tax rolls. The Mayor posed the question to the members of the Council and there being no objection, Member Howard Heck moved that his vote made on January 17, 1966 on the motion of Earl Simons and seconded by John Leary to retain the firm of Lindquist, Magnuson and Glennon as counsel for hearings before the State Tax Commissioner, in re: Removal of Brown Farm from Tax Rolls, from a vote in favor to one abstaining, since Mr. Heck is an employee of the University of Minnesota, and since such change will not affect the outcome of the motion, although since relied upon. Member John Leary seconded the motion. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary that the Engineer be requested to study the traffic pattern in the area of 55th and Humboldt Avenues North, in regard to the installation of additional stop signs and report to the Council at the earliest possible date. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to adjourn. Motion carried unanimously. The Village Council adjourned at 12:10 A. M. ° Mayor Clerk -5-