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HomeMy WebLinkAbout1966 05-16 CCM Special Session r 145 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center In the County of Hennepin and State of Minnesota May 16, 1966 The Village Council met in special 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. Holmlund, Roger Van House, James Johnston, Thomas O'Hehir and Jean Murphey. Reverend Amos LeVang of the Brooklyn Center Assemblies of God Church offered the invocation. Motion by Theodore Willard and seconded by John Leary to approve the minutes of the May 9, 1966 Council meeting as corrected. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -108 RESOLUTION APPROVING PLANS, SPECIAL PROVISIONS AND SPECIFICATIONS FOR ROADSIDE DEVELOPMENT ON T. H. 94 F8_0 F8 59th AVENUE NO H TO 0.195 FEE S2 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 declare duly pa ssed d y pa d .and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66-109 RESOLUTION ACCEPTING WORK — (CONT=ACTED BY D,,LLA�E) 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. Member Theodore Hillard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -110 RESOLUTION ACCEPTING WORK (QOHTRAQZD Bit VIkIAG The motion oionf for o he adoption of the foregoing resolution p re n was duly 9 g Y 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 duly passed and adopted. -1- 143 Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -111 RESOLUTION ACCEPTING WORK _ (CQhrj CTED BX VI 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 Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -112 RESOLUTION ACCEPTING WORK a tC( kll=IZD BY, MIA= 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 duly passed and adopted. Member Earl Simons introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -113 RESOLUTION ACCEPTING WORK (gQNTRACTED 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 duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -114 RESOLUTION ACCEPTING WORK (QONTRACTED BY Z=GE) 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 duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -115 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1966 -20 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1966 -21, AND ORDERING PREPARATION OF UANS A _2 _ r 141 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 Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -116 RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1966 -22 AND ORDERING PREPARATION OF TANS AND ICATIONS 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. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -117 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WA R MH IMPROVEAGNI 1966 -20 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 -118 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET SLJUACINQ IMPROVEMENT NO 1966 -21 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 Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -119 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSER STORM SCR IMPROVF�MENT NO. 1966-22 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 p assed and adopted. Y Pa P ..3 - 189 Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -120 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1966 -23 AND ORDERING PREPARATION OF PLANS AND SPECIFIC—ATQNS 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 -121 RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1966 -24 AND ORDERING PREPARATION OF PLANS AND SPE!QIFICATI NE 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 Earl Simons introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -122 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVE MENT PROJECT NO. 1966 -25 AND ORDERING PREPARATION OF PLANS = SPECIFICATIQNS 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 Theodore Willard and seconded by John Leary to approve the following licenses: Food Establishment License Brooklyn Methodist Church 7200 Osseo Road North Food Vehicle License: Olfisco, Inc. 815 - North Fifth St. ,Hegtino License: West End A,/C. Co. 6408 Cambridge Ave., St. Louis Park House Mover's License: Carey House Movers, Inc. Rt. 2, Grove City, Minn. Well Drilling License: Hadden Well Company 4455 Main St. N.E. Motion carried unanimously. - 4- 137 The Mayor then announced that the meeting was open for the con- sideration of the proposed vacation of a portion of Noble Avenue between Osseo Road and 72nd Avenue North The Clerk produced an affidavit of publication of notice of hearing on the proposed street vacation showing two weeks publication thereof in the official newspaper, the last publication being on May 4, 1966, and attested that three copies of said notice were posted on April 22, 1966 in three conspicuous places within the Village; said affidavit. having been examined and found satisfactory, was ordered placed on file. The Mayor then called upon all parties in attendance to present their arguments either for or against the proposed vacation. After hearing and con- sidering all objections, and hearing those persons speaking in favor of the proposed vacation, member Howard Heck moved and member John Leary seconded to close the public hearing on the vacation of a portion of Noble Avenue between Osseo Road and 72nd Avenue North, and to table final action until May 23, 1966. Motion carried unanimously. The Mayor then announced that the meeting was open for the con- sideration of the proposed vacation of a portion of Willow Lane and 65th Avenue North. The Clerk produced an affidavit of publication of notice of hearing on the proposed street vacation, showing two weeks publication thereof in the official newspaper, the last publication being on May 11, 1966, and attested that three copies of said notice were posted on April 27, 1966, in three conspicuous places within the Village; said affidavit having been examined and found satisfactory, was ordered placed on file. '4 The Mayor then called upon all parties in attendance to present arguments either for or against the proposed vacation. After hearing and considering all objections, and all those persons speaking in favor of the proposed vacation, member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -123 RESOLUTION VACATING A PORTION OF WILLOW LANE AND 65th MWE NO 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. The Village Council then considered the Planning Commission's recommendation on Application No. 66026, submitted by Homedale Builders, which is an appeal from the ruling of the Building Inspector regarding Section 3 -102.6 (minimum floor area requirements in dwellings) of the Village Ordinances. The Mayor then called upon interested parties in attendance to present their comments on the appeal. After due consideration of the Planning Commission's recommendations and comments of interested parties, member Howard Heck moved and member John Leary seconded to approve the home design as submitted by Homedale Builders, and authorize the construction of said home style with a floor area on the first full story above grade of 880 square feet rather than the 1, 020 square feet as required by the present ordinance, and direct the administrator and attorney to draft ordinance amendments consonant with this action. Motion carried unanimously. The Planning Commission's recommendation on Application No. 66030 submitted by Donald Mason requesting a special use permit to allow the operation of a service station and approval of plans for that use at 5657 Logan Avenue North was presented to the Village Council. -5- 135 The Mayor then called upon the applicant to present his comments on the application. Applicant Donald Mason introduced Mr. Josiah Brill as his counsel. Mr. Brill requested that the Council consider the application to include certain necessary variances, and to permit the application to be amended to include Superamerica Stations, Inc. as a co- applicant. The Mayor advised Mr. Brill, after consultation with Mr. Johnston, Village Attorney, that the ordinance requirements were clear in the fact that all variance applications must be considered by the Planning Commission. At that point, Mr. Brill requested that the consideration of the application be continued, and the applicant be permitted to amend the application to include requests for the required variance or variances, and to include Superamerica Stations, Inc. as a co- applicant. Motion by Howard Heck and seconded by John Mary to continue the consideration of Application No. 66030 submitted by Donald Mason in order to permit the applicant to submit a revised and amended application to the Planning Commission, naming Superamerica Stations, Inc. as co- applicant, and requesting consideration of certain variances. Motion carried unanimously. The Village Council then considered the Planning Commission's recommendation on Application No. 66031 submitted by the Minneapolis Star and Tribune, requesting a special use permit for a 12' x 16' metal building on the service station property at 6830 Osseo Road, for storage and distribution of newspapers. The Mayor then called upon interested parties in attendance to present their comments in regard to the application. After due consideration of the Planning Commission's recommendations and the comments of those parties in attendance, member Theodore Willard moved and member John Leary seconded that Application No. 66031 be approved and a special use permit be granted for a period of 2 years from the date of the expiration of the previous special use permit on April 13, 1966, provided, however, that the Fire Inspection Bureau inspect and approve the structure, heating facilities and immediate surroundings in regard to potential fire hazards. Motion carried unanimously. The Village Council then considered the Planning Commission's recommendation on Application No. 66033 submitted by Northern Pump Company, requesting plan approval for an office building to be constructed on the property at 1915 - 57th Avenue North. The Mayor then called upon interested parties in attendance for their comments in regard to the application. After due consideration of the Planning Commission's recommendations and the comments of interested parties, member Theodore Willard moved and member Howard Heck seconded that the Council grant plan approval as requested in Application No. 66033 with the conditions that the applicant not permit any outside incineration or storage of trash, and that all landscaping be completed as set forth in the approved plan. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to table action on Application No. 66028 and request the applicant to appear on May 23, 1966. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -124 RESOLUTION APPOINTING DONALD G. POSS VILLAGE ADMINISTRATOR ANQ SETTINQ FOUH N OF EMPLQYME 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. -6- 131 Motion by john Leary and seconded by Howard Heck to direct the Administrator and Attorney to extend an offer of final payment of all obliga- tions related to the "701" Planning Studies to Hodne Associates in the amount of $866.32, said amount being derived as 60% of the "Non - 11 701" meeting time" and 509 of the estimated overage cost on the Sign Ordinance. Voting In favor of the motion: John Leary, Earl Simons and Howard Heck, and against the same: Philip Cohen and Theodore Willard. Motion carried. Motion by Theodore Willard and seconded by Howard Heck to direct the Director of Public Works to advertise for bids for black dirt for Lions and Evergreen Parks. Motion carried unanimously. Motion by Earl Simons and seconded by john Leary to adjourn. Motion carried unanimously. The Village Council adjourned at 12 :25 A. M. or Clerk 7 w