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Home My WebLink About1966 06-16 CCM Special Session r _ Minutes of the Praceedings of the Village Council of the Village of Brooklyn Center In the County of Hennepin and State of -- Minnesota June 16, 1966 The Village Council met in special session and was called to order by Mayor Philip Cohen at 7.35 P.M. Roll Call: Mayor Philip Cohen, Earl Simons and Howard Heck were present. John Leary and Theodore Willard were absent. Also present were: A.J. Lee, Roger Van House, Dale Hamilton and Richard Cihoski. Mayor Philip Cohen stated that since he was personally affected by the hearings to be considered by the Village Council he was asking that Mayor Pro tem Howard Heck chair the hearings.. Mayor Pro tam Howard Heck assumed the Chair and opened the public hearing on Water Detain improvement Project #1966 -28. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper. The last publication being on June,$ 1966 which affidavit was examined and found satisfactory and ordered placed on file. 'CG+- Ltx2r< <� ��taCc The Mayor Pro tam then called upon all property present to present arguments either for or against the proposed improvement. Trustee Theodore Willard arrived at the meeting at 7:4 5 P.M. After hearing all the arguments for and against the improvement member Philip Cohen moved and member Theodore Willard seconded a motion that the hearing on Water improvement 1966 -28 be temporarily adjourned. Motion carried unanimously. The Mayor Pro tem then announced that the meeting was open for the consideration of proposed Street Surfacing Improvement Project No. 1966 -29, The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper. The last publication being on June,,; 1966 which affidavit was examined and found satisfactory and ordered - placed on file. The Mayor Pro- tam then called upon all propery �" rs pr t to present arguments eithpx for or against the nronosed improvement. After hearing all the arguments for and against the improvement member Earl Simons moved and member Theodore Willard seconded a motion that the hearing on Street Improvement Project No. 1966 -29 be temporarily adjourned. Motion carried unanimously. Motion by Theodore 'Willard and seconded by Earl Simons to reconvene the public hearings on Water Improvement Project No. 1966 -28 and Street Surfacing project No. 1966 -29 for Council deliberation. Motion carried unanimously. After considerable debate on what assessment policy is to be applied to lots abutting 5th Avenue g vs a and 53rd Avenue. M e e. ember Earl Simons moved and Theodore Willard seconded a motion that the public hearings on Water Main improvement Project No. 1966 -28 and Street Surfacing Project No. 1966 -29 be adjourned until June 27, 1966 to allow the staff to research the p olicies ment p above. Motion carried unanimously. -I- r Mayor Philip Cohen assumed the chair. The Council considered Application #66044 submitted by Range Enterprises for the rezoning from R-1 to B -1 of the north 140 feet of Lot 1, Block 2, Ewing Lane Addition. Motion by Theodore Willard and seconded by Earl Simons to deny application #66044 submitted by Range Enterprises for the rezoning of the north 140 feet of Lot 1, Block 2, Ewing Lane Addition for the following reasons: 1. The rezoning would not be compatible with the proposals contained in the comprehensive plan developed during the "701" Study recently completed by the Planning Commission which recommends multiple dwelling use of this property. 2. Commercial use at this location would not be in accord with sound planning and principles, which would demand a non - commercial "buffer ,zone" between the existing residential Properties to the west and north and the existing retail commercial properties to the east of Ewing Lane. Motion carried unanimously. The Council considered application #66046 submitted by Center Sales which requested a variance from section 35-701 of the Village Ordinances to allow paving of and parking on property within 15 feet of the highway right -of -way at 6756 Osseo Road (Tract B Registered Land Survey #456). Motion by Howard Heck and seconded by Earl Simons to table action on application #66046 submitted by Center Sales and to request an opinion from the Village Attorney as to the implication the granting of this variance would have on similar requests concerning other parcels on Osseo Road. Motion carried unanimously. The Village Council advised representatives of Center Sales that they would be notified when their petition will be acted upon. The Village Council considered application #66047 submitted by St. Alphonsus Catholic Catholic Church which requested a variance to allow zero setbacks from the common lot line of lots 23 and 24, Block 1, Bobendrier's 4th Addition for a period not to exceed 10 years. Motion by Earl Simons and seconded by Theodore Willard to approve application #66047 submitted by St. Alphonsus Catholic Church which requests a variance on side lot lines, because the Council finds that a hardship would exist if the Church was required to combine and re- subdivide' these two lots with no purpose being served for the community by strict adherence to Chapter 35 of the Village Ordinances. Motion carried unanimously. The Village Council considered applications #66037 submitted by Demac, Inc. and #66038 submitted by Shell Oil Company for the rezoning of certain properties near the intersection of 66th Avenue North and Lyndale Avenue and also for special use permits for the construction of two service stations and a motel. Motion by Theodore Willard and seconded by Howard Heck that the Village Council declare its intent regarding application #66037 to be as follows: 1. That lot 1 on the drawing approved by the Planning Commission June 9, 1966 be rezoned to B3 and a special use permit for a service station on that property be granted; 2. That lot 2 on the drawing approved June 9, 1966 by the Planning Commission be rezoned to B -3 and a special use permit anted pe p 9r' for a motel on that property. -2- 55 3. That lot 3 on the drawing approved June 9, 1966 by the Planning Commission be rezoned to R -3. 4. All of the above to be accomplished after submission of the preliminary plat of the property in accordance with the above stated drawing, Including delineation of the proposed 66th Avenue North. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Simons that the Council declare its intent regarding application #66038 to be as follows: 1. That lot 18 Auditor's Subdivision #310, be rezoned to B-3. 2. That a special use permit be issued for the portion of said lot 18 abutting T.H. #169 to allow its use as a service station site. 3. Both of the above to occur after submission of a preliminary plat of the property setting out the service station site from the rest of the property, and denoting the location of the proposed 66th Avenue North as shown on the survey submitted by Shell Oil Company and on file in the Village Offices as received June 9th. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck that the Village Council endorses Planning Commission resolution #66 -5 which is titled "Resolution Regarding Aj. Lee, Village Administrator". Motion carried unanimously. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -193 RESOLUTION RESCINP1NG R SOLUT N O. 66 -173 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, 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 -194 RESOLUTION ACCEPTING HID AND APPROVING CONTRACT FQBM The motion for the adoption of the forgoing 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 and Theodore Willard, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Motion by Earl Simons and seconded by Howard Heck to accept the recommendation of the Administrator and appoint Melvin L. Haack as a temporary Liquor Store Clerk at a wage of $1.50 per hour effective June 16, 1966. Motion carried unanimously. Motion by Howard Heck and seconded by Theodore Willard to adjourn. The Village Council adjourned at 11 :30 P. M. Mayor Clerk -3-