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HomeMy WebLinkAbout1966 04-25 CCM Regular Session Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota April 25, 1966 The Village Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 P.M. Roll Call: Mayor Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard. Also present were: A. J. Lee, D. G. Poss, T.L. Hadd, P.W. Hoimlund, Roger Van House, James Johnston and Thomas O' Hehir. Reverend Paul Bubna of the Northbrook Alliance Church offered the Invocation. Motion by John Leary and seconded by Howard Heck to approve the minutes of the April 18, 1966 Council meeting as recorded. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to approve the minutes of the April 19, 1966 Special Council meeting as recorded. Voting in favor of the motion: Philip Cohen, Earl Simons, Howard Heck and Theodore Willard. Not voting: John Leary. Motion carried. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -91 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR GRADING, BASE & SURFACING IMPROVEMENT NOS. 1966 -1 AND 1966 -17, CURB & GUTTER IMPROVEMENT NOS. 1966 -2 AND 1966 -18, AND STORM SEWER IMPROVEMENT NO. 1966 -3 AND 12IRECTINQ ADVERTI6ZM.gNT BIDS 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 -92 RESOLUTION AUTHORIZING EXECUTION OF BROOKLYN CENTER- MINNEAPOLIS S BEET MAI A C AGREEME T 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. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -93 RESOLUTION ORDERING A CERTAIN BUILDING LOCATED AT 5531 FOURTH STREET NORTH, BROOKLYN CENTER, MINNESOTA,, TO BE RAZED AND REMOVED -1- r _ 83 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. Motion by Howard Heck and seconded by Theodore Willard to accept the resignation of Mrs. Polly Hartin from the Park and Recreation Advisory Commission. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -94 RESOLUTION ESTABLISHING A PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF WILLOW LANE AND 651H AVE____NI& NORTH 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. Motion by john Leary and seconded by Earl Simons to accept the recommendation of the Village Administrator and appoint Earl G. Martin as a Bridge Club Supervisor at a wage of $2.00 per hour, effective 4- 25 -66, said appointment to expire 5- 31 -66. Motion carried unanimously. Motion by Theodore Willard and seconded by john Leary to approve the following licenses: Food Establishment Licenses Roy's A & W Drive Inn 6837 Osseo Road Cross of Glory Lutheran Church 5940 Ewing Ave. No. Food Vehicle License: Feinberg Dist. Company 1114 Zane Ave. No. Food, Vendinc License: R. E. Fritz, Inc. 8039 Lewis Road Gas Piping License: Superior Furnace Co. 6121 42nd Ave. No. Heatina License: Superior Furnace Co. 6121 42nd Ave. No. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to approve the investment by the Fire Department Relief Association of $20,000.00 in Federal Home Loan and Bank Notes at an interest rate of 5.40 %, with a maturity date of March 27, 1967. Motion carried unanimously. The Mayor then announced that the public hearings on Improvement Projects No. 1966 -6, 1966 -7 and 1966 -3A were reconvened and the Mayor then called for comments from the Council and interested parties in attendance. After due consideration of all comments offered and substantial Council deliberation, the following motion was introduced by member Howard Heck and seconded by member Theodore Willard: WHEREAS, pursuant to a duly called public hearing held on April 18, 1966, at which time the Administration presented the facts and estimated cost figures pertaining to proposed Improvement Project No. 1966 -6, and at which time testimony was given by owners of property on streets affected by the proposed improvement; and -2- r 87 WHEREAS, the Council then deliberated and determined that the hearing should be recessed to April 25, 1966 to eliminate any misunderstanding regarding the improvement; and WHEREAS, the Council has further deliberated upon the proposed project on this date and is now fully informed, it is therefore the opinion of the Council that Improvement Project No. 1966 -6' should not be ordered and said project is hereby disapproved. Motion carried unanimously. After due deliberation, the following motion was introduced by member Theodore iVillard and seconded by member John Leary: WHEREAS, pursuant to a duly called public hearing held on April 18, 1966, at which time the Administration presented the facts and estimated cost figures pertaining to proposed Improvement Project No. 1966 -7, and at which time testimony was given by owners of property fronting on streets affected by the proposed improvement; and WHEREAS, the Council then deliberated and determined that the hearing should be recessed to April 25, 1966, to eliminate any misunderstand- ing regarding the improvement; and WHEREAS, the Council has further deliberated upon the proposed project on this date and is now fully informed, it is the opinion of the Village Council that Improvement Project No. 1966 -7 should not be ordered and said project is hereby disapproved. Motion carried unanimously. After due deliberation, the following motion was introduced by member John Leary and seconded by member Earl Simons: WHEREAS, pursuant to a duly called public hearing held on April 18, 1966, at which time the Administration presented the facts and estimated cost figures pertaining to proposed Improvement Project No. 1966 -3A, and at which time testimony was given by owners of property fronting on streets affected by the proposed improvement; and WHEREAS, the Council then deliberated and determined that the hearing should be recessed to April 25, 1966, to eliminate any misunderstand- . ing regarding the improvement; and WHEREAS, the Council has further deliberated upon the proposed project on this date, and is now fully informed, it is the opinion of the Council that Improvement Project No. 1966 -3A should not be ordered and said project is hereby disapproved. Motion carried unanimously. The Council then considered Planning Commission Application No. 66023 submitted by Thomas Wilder pertaining to the Applicant's request for rezoning of Parcels 5400, 5600, 5800 and Parcel 6223, Auditor's Subdivision No. 57, from the present R1 to R3 and R5 zoning. The Council considered the Planning Commission's recommendation on the subject application and called for comments from interested parties in the audience. Motion by Theodore Willard and seconded by Howard Heck to close the hearing and public comment on Application No. 66023. Motion carried unanimously. Following final Council discussion of Application No. 66023, the following motion was introduced by Theodore Willard and seconded by Howard Heck: WHEREAS, the Village Council of the Village of Brooklyn Center has considered Application No. 66023 submitted by Mr. Thomas Wilder; and WHEREAS, it is the judgement of the Village Council that the plans submitted by the applicant did not demonstrate that the highest and best use of the property is other than that as presently zoned, it is therefore the opinion of the Village Council that the health, safety and general welfare of the Village will be best served by denying Application No. 66023, and said -3- 89 application is hereby denied. Upon vote being taken thereon, members Theodore Willard and Howard Neck voted in favor thereof, and voting against the same: Earl Simons, Philip Cohen and John Leary. Motion defeated. Mayor Cohen then relinquished the gavel and chair to Mayor Pro -tem Howard Heck. Motion by Philip Cohen and seconded by John Leary to table action on Application No. 66023 submitted by Thomas Wilder for period not to exceed thirty (30) days, and to request the owners and developers of the properties known as 5400, 5800, 5600, 6010, 6223 and 6224, Auditor's Subdivision No. 57, to develop the plan for the future development of all the subject parcels and that said plan consider and incorporate street locations, utilities, access to land- locked parcels contiguous to those parcels that front on Osseo Road, and further, that the plan incorporate concepts of transitional zoning, and further moved that all property owners be notified in writing of the date upon which the Council will again consider the application. Voting in favor of the motion: Philip Cohen, John Leary, Earl Simons and Howard Heck, and against the same: Theodore Willard. Motion carried. Mr. Cohen resumed the chair at this point. The Council then considered Application No. 66011 submitted by John W. Horbal, requesting the rezoning of Parcel 400, Section 26. After consideration of the Planning Commission's recommendation on the subject application, the Mayor called for comments from interested parties in attendance. After due consideration of the testimony presented at the call of the chair, and upon Mr. Horbal's statement where he orally agreed to amend his application to realign the north line of the requested R5 zone to coincide with the centerline (extended) of that portion of 70th Avenue North lying west of his property, and to extend the requested R2 zone southerly to the centerline of 70th Avenue North extended, member Howard Heck moved and member John Leary seconded to approve the subject application as amended orally, and to rezone the subject property as follows: To be rezoned to R5: Tract 1, and that portion of Tract 3, lying south of the centerline of 70th Avenue North extended, from the west property line. To be zoned R2: Tracts 4 and Tracts 5, and that portion of Tract 3 lying north of the centerline of 70th Avenue North extended, from the west property line. To be rezoned B3: Tract 2. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to amend the Preceding motion to include direction to the Village Administrator and Village Attorney to prepare the necessary documents to implement the rezoning and to present said documents at the May 2, 1966 meeting. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to instruct the Village Administrator and Village Attorney to draft the necessary resolutions and documents to grant a special use permit as requested in Application No. 66011, said resolution and documents to be presented for Council considera- tion on May 2, 1966. Motion carried unanimously. The Council then considered Planning Commission Application No. 66018 submitted by the Lutheran Church of the Master, requesting approval of building plans and site plans. -4- 91 After due consideration of the Planning Commission's recommendation, and those comments offered by persons in attendance, member Theodore Willard moved and member john Leary seconded to approve Application No. 66018 submitted by Lutheran Church of the Master. Motion carried unanimously. The Council then considered Planning Commission Application No. 66020 submitted by Martin Colon, requesting approval of site plans and issuance of a special use permit for a service station at the intersection of 66th and Lyndale Avenues North. After consideration of the Planning Commission's recommendation, and after hearing and considering comments made by those interested parties in attendance, member Theodore Willard moved and member Howard Heck seconded to approve Application No. 66020 submitted by Martin Colon and approve the site plans and issue a special use permit for a service station, provided, however, that the following conditions be met: 1. That an opaque fence or wall six feet in height be installed as shown on the plans. 2. That the free standing sign be not more than 25 feet in height and be non - flashing, as shown on the plans. 3. On T. H. 169, the northerly entrance will be a one -way exit to the northbound T. H. 169 only, and the southerly entrance be one -way in from the northbound T. H. 169 only. Signs prohibiting any other movement will be installed at the expense of the owner as directed by the Village Engineer. 4. All other site details shall be constructed or installed as designated on the drawings. Motion carried unanimously. The Council then considered Planning Commission Application No. 66021 submitted by Martin Colon, requesting approval of the preliminary re- platting of Block 1, Olson's Island View Terrace Addition. After consideration of the Planning Commission's recommendation on this application and consideration of comments made by interested parties in attendance, member john Leary moved and member Earl Simons seconded to approve Application No. 66021, and approve the preliminary plat of rearrange- ment of Block 1, Olson's Island View Terrace Addition. Motion carried unanimously. The Council then considered Planning Commission Application No. 66027 submitted by Homedale Builders requesting approval of the preliminary plat of Northland Estates 3rd Addition. After due consideration of the Planning Commission's recommendation on the subject application and comments of those interested parties in attendance, member Howard Heck moved and member Theodore Willard seconded to approve the preliminary plat of Northland Estates 3rd Addition as submitted in Application No. 66027. Motion carried unanimously. The bills having been audited, Earl Simons moved and john Leary seconded to order paid the bills set forth in the schedule dated April 25, 1966, and filed in the permanent record book. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to adjourn. Motion carried unanimously. The Village Council adjourned at 12 :55 A.M. r. Mayor Clerk _ 5