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HomeMy WebLinkAbout1966 07-11 CCM Regular Session 89 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of M �MNNNIsot� July 11, 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, Earl Simons, john Leary. Howard Heck and Theodore Willard. Also present were: D. G. Poss, T. L. Hadd, P. W. Holmlund, James Johnston. Reverend Don Kern of the Brooklyn Center Church of Christ offered the invocation. Motion by Theodore Willard and seconded by Howard Heck to approve the minutes of the July 5, 1966 Council Meeting as corrected. Voting in favor of the motion; Philip Cohen, Earl Simons, Howard Heck and Theodore Willard. Not voting: John Leary, Motion carried. Motion by John Leary and seconded by Theodore Willard to defer con- sideration of Application No. 66023 submitted by Fireside Realty until July 25, 1966, in order to allow time for the Pig Consultant to complete his study of the application.. Motion carried unanimously. The bills having been audited, Earl Simons moved and Howard Heck seconded to order paid the bills set forth in the schedule dated July 11, 1966, and filed in the permanent record book. Motion carried unanimously. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -211 RESOLUTION ACCEPTING BID AND APPROVING 9 EOM 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, John Leary 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 -212 RESOLUTION ACCEPTING WORK (O It m BY 234") ACS) The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken Win, 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 John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -213 RESOLUTION ACCEPTING WORK QQNTRAC 2 8Y 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 declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved Its adoption: RESOLUTION NO. 66 -214 RESOLUTION ACCEPTING WORK (CONTRACTED BY VILLAGE) 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 declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -215 RESOLUTION ACCEPTING WORK „(CQ =D,BY VILLAGE 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, Howard Heck, john Leary and Theodore Willard, and the following voted against the same; none, where- upon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -216 RESOLUTION ACCEPTING WORK ( ,CQNTRACTED By MMO) The motion for the add 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, John Leary 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 -217 RESOLUTION ACCEPTING WORK JC, ONT%CTED.AX =&% ,% =G0T=U} The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons,, and upon vote being taken thereon, the follows ng 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. Motion by john Leary and seconded by Theodore Willard to accept the recommendation of the Village Administrator and release the subdivision bond on Hipp's East Palmer Lake Addition. Motion carried unanimously. -2- Motion by Theodore Willard and seconded by Howard Heck to accept the recommendation of the Village Administrator and increase the salary of the Chief Building inspector, W. Jean Murphey, to the amount of $733.00 per month, effective July 16, 1966. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to approve the following licenses: Food Vending License; United Vending Company 9 North llth Street Cos FIPABR Mom: West End Air Conditioning Co. 6408 Cambridge Ave. Northern Propane Gas Co. 11300 Central Ave. N.E. Heating License: Pierre- Aireon Co. , Inc. 1322 Rice Street Motion carried unanimously. Motion by Earl Simons and seconded by John Leary to accept the recommendation of the Village Administrator and Chief of Police and appoint Mr. Joseph Podany as a Special Police Officer for the Dayton Company, Brookdale Store. Motion carried unanimously. Mayor Cohen then announced that the Council would then consider the status of improvement Projects No. 1966.26 and 1966 -27. The Mayor summarized the chain of events leading to the present consideration by the Council and emphasized the following points: 1. The subject projects were originally initiated by petition of the -affected property owners. Subsequent to the presenta- tion of these petitions, public hearings were held on June 13, 1966 to consider the feasibility of the proposed projects, and after due deliberation, the Village Council order the projects Installed. 2. Several days thereafter, the Village Council received a petition from the majority of the affected property owners requesting that the Council rescind its action and thereby disapprove the installation of the projects. 3. After hearing testimony presented by several of the affected parties and recognizing that some misunderstanding regarding specific data related to the projects may have been present, and further recognizing that several parties affected by the project had signed both the petition requesting the installation and the petition requesting that the projects not be installed, the Village Council directed the Village Administrator to correspond with the affected property owners to determine their attitude in regard to the installation of the proposed project. The Mayor then called upon the Village Administrator for a report on the results of this correspondence. Mr. Poss advised the Council that the result of the mail survey indicated that a majority of the property owners affected by the projects were in favor of the installation. The Mayor then called upon interested parties in the audience for their comments. After due deliberation by the Village Council, member Theodore Willard moved that the Council reconsider its action of June 13, 1966 as regards Project No. 1966 -26. The motion died for lack of a second. The Village Council then considered Application No. 66046 submitted by Center Sales, Inc. The Mayor then called upon interested parties in attendance for their comments. Mr. Brill, counsel for Center Sales, Inc., addressed the Council on behalf of the applicant. -3- r After due consideration of all comments offered on behalf of the application, and those comments by the Village Administrative Staff , member Theodore Willard moved and member Howard Heck seconded that the Village Administrator and Village Attorney be directed to prepare a resolu- tion denying Application No. 66046 submitted by Center Sales, Inc.,, said application being a request for a variance from Section 35 -701 to allow paving and parking on the property within 15 feet of the highway right -of -way at 6756 Osseo Road bract B, Registered Land Survey No. 456), with the denial being based upon the following Council findings and considerations: 1. The nature of the original agreement with the petitioner as regards the development and use of the property. 2. The privileges granted to the petitioner subsequent to the signing of the agreement with the Village. 3. The Council finds that no unique conditions exist which are not applicable to other properties along the Osseo Road. 4. That the Council finds that one of the major reasons for the variance request is to increase the income potential of the property. 5. The Council finds that the granting of the variance would be detrimental to the welfare and enjoyment of other properties in the neighborhood. 6. That the granting of the variance would impair and/or dimish values of other properties and parcels in the vicinity. 7. That the Council finds that no unique conditions of topography or other unique features exist which would create a hardship in conjunction with requirements of the ordinance. Motion carried unanimously. The Council then considered Application No. 66058 submitted by Dayton Development Company. After due consideration of the Planning Commission's recommendations on the subject application, the Mayor called upon interested Panties in attendance for their comments. Mr. Iverson, President of the Donaldson "'s - Golden Rule Corporation addressed the Council on behalf of the application. After due consideration of all comments offered In regard to the application, member Howard Heck moved and member John Leary seconded that the Village Council approve the plans for Brookdale Stage III (Donaldson's Department Store) submitted in Application No. 66058 by the Dayton Development Company, said approval being contingent upon approval of the building and construction plans by the Chief Building Inspector. Motion carried unanimously. The Village Council then considered Application No. 66037 submitted by DEMAC, Inc. The Council reviewed the Planning Commission's recommendations on the subject application, and the Mayor called upon Interested parties in attendance for their comments. After due consideration of the Planning Commission's recommendations and those comments offered In regard to the application, member Theodore 'Willard moved and member John Leary seconded that the Village Council approve Application No. 66037 submitted by DEMAC, Inc. as follows; 1. The preliminary plat of "DEMAC Addition" be approved as submitted. 2. Lots 2 and 3, Block 1, "DEMAC Addition" be zoned B -3 and Lot 1, Block. 1, "DEMAC Addition" be zoned R -3, following re- cording of the final plat of "DEMAC Addition ". 3. The actual issuance of special use permits for the proposed service station and/or motel shall be contingent upon the sub- mission of final site and building plans for these structures to the Planning Commission and Village Council. Motion carried unanimously. - 4- 97 The Village Council then considered Application No. 66038 submitted by the Shell Oil Company. After review of the Planning Commission's recommendations on the subject application, the Mayor called upon interested parties in attendance for their comments. After due consideration of the Planning Commission's recommendations and other comments offered in regard to the subject application, member john Leary moved and member Howard Heck seconded to approve Application No. 66038 submitted by Shell Oil Company as follows; 1. The preliminary plat of " Shell's Brooklyn Center Addition" be approved as submitted. 2. Lots 1 and 2, Block 1, Shell's Brooklyn Center Addition be rezoned to B -3 upon recording of the final plat. 3. The actual issuance of a special use permit for a proposed service station be contingent upon the submission of final site and building plans for said structure to the Planning Commission and Village Council for approval. Motion carried unanimously. The Council then considered Application No. 66039 submitted by Shell, Coil Company. After consideration of the Planning Commission's recommendation on the subject application, the Mayor called upon interested parties in attendance for their comments. After due deliberation, member Howard Heck ;moved and member Theodore Willard seconded that the Village Council approve Application No. 66039 submitted by Shell Oil Company and grant a Special Use Permit for construction and operation of a service station on the property at 1505 - 69th Avenue North, being legally described as Lot 1, Block 1, Hellsted Addition, said approval being conditioned and limited by the following: 1. That an opaque 6 -foot fence be installed along the west and south property lines, but that the fence not extend closer than 30 feet to the Humboldt and 69th Avenue rights -of -way. 2. That signing for the subject parcel has not been considered by the Council and is not approved at this time. 3. That lighting plans for the proposed development be submitted for Council consideration and approval. Motion carried unanimously. The Village Council discussed the proposed Used Car Ordinance. The Mayor requested that the Village Administrator and Attorney consult with officials from_ the City of Hopkins regarding specific provisions of the proposed Hopkins Used Car Ordinance. Member Howard Heck appointed Mr. Bernard Johnson, 6813 Orchard Avenue North and Mr. Ernest Meyer, 6218 Noble Avenue North to serve on the Capital Improvement Review Board. Member Theodore W111ard appointed Mr. Verlin Atkins, 3607 Urban Avenue North and Mr, Robert Schwarz, 7201 France Avenue North, to serve on the Capital Improvements Review Board. Motion by Howard Heck and seconded by john Leary to adjourn. Motion carried unanimously. The Villa Council ad o a 2• Co it urned t 1 3 A Y Village Q A. M. mayor Clerk 5