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HomeMy WebLinkAbout1977 07-25 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 25, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Also present were Acting City Manager James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Brad Hoffman, Mary Harty, and Ronald Warren. Invocation The invocation was offered by Pastor Guenther of the Brook Park Baptist Church. Performance Bond Motion by Councilman Kuefler and seconded by Councilman Release Fignar to authorize release of a $10, 000 performance bond (Harold J. Westin, Inc.) posted by Harold J. Westin, Inc. for site improvements at the Group Health Clinic, 6845 Lee Avenue North, on the basis that performance obligations have been satisfied. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. Councilman Britts abstained to avoid the inference or appearance of a conflict of interest as his wife is employed by Group Health. Performance Bond Motion by Councilman Britts and seconded by Councilman Release Lhotka to authorize release of a $15 , 000 site performance (Standard Solvents Co.) bond posted by Standard Solvents Company for site improve- ments at 4906 France Avenue North on the basis that performance obligations have been satisfied. Voting in , favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -147 and moved its adoption: RESOLUTION FOR FACSIMILE SIGNATURES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 77 -148 moved its adoption: RESOLUTION FOR FACSIMILE SIGNATURES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: gone, . i -L-- 7 -25 -77 whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -149 RESOLUTION DESIGNATING PERSONS AUTHORIZED TO ACT FOR THE CITY IN ANY OF ITS BUSINESS WITH THE DESIGNATED DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka; and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and t ado p ed. The Acting City Manager introduced the next item of business Purchase of Air on the agenda, that of a resolution recommended for the purpose Conditioning Units of authorizing the purchase of eight window air conditioning for CEAP units for the old City Hall at 7100 Brooklyn Boulevard. He explained that the purchase is pursuant to the provisions of the joint powers agreement between the cities of Brooklyn Center and Brooklyn Park relating to the CEAP headquarters. He further explained that a resolution distributed to the Council this evening is offered in lieu of a resolution presented in the Council agenda packet. He stated that the reason for the handout resolution was that it is recommended that the quota- tion submitted by F. C. Hayer be accepted rather than the quotation submitted by W. W. Grainger which had been previously recommended. He further stated that the reason for the change in recommendations is that W. W. Grainger cannot provide delivery of the air conditioning units for the price quoted while F. C. Hayer will provide the units and the delivery for the quoted $2,420. A brief discussion ensued relative to the recommendation and the costs thus far incurred in the remodeling of the old City Hall for CEAP. The Acting City Manager stated that approximately $21 , 000 has thus far been expended for the remodeling work. He further stated that it is anticipated that CEAP will have its grand opening sometime in September. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -150 RESOLUTION TO AUTHORIZE THE PURCHASE OF EIGHT (8) WINDOW AIR CONDITIONING UNITS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Acting City Manager introduced the next item of business Diseased Shade on the agenda, that of a resolution recommended for the purpose Tree Removal of awarding Diseased Shade Tree Removal Contract No. 1977 -6. Contract He explained that only one bid, that of Arbor Tree Service, had been received and that it was recommended that the City Council accept this bid and award the contract. He reported that Arbor Tree Service's bid was compared with other individual tree removal quotations and that the bid is approximately 18% better than the individual quotations used for comparative purposes. 7 -25 -77 _2_ A brief discussion ensued relative to the bid and the contract. Councilman Kuefler inquired if Arbor Tree Service would have any problem in removing trees within the 20 day time limit provided by law. The Acting City Manager responded that due to the great number of diseased shade trees being removed in the metropolitan area, all tree services are having some difficulties meeting the time limits. He added that Arbor Tree Service has been reliable in providing service to the City for various tree removals, and that he anticipates that this reliability will be maintained. Councilman Fignar inquired as to the anticipated number of trees to be removed under this contract. The Actin g City Manager responded that the contract will cover tree removal until December 31, 1977 and that it is estimated that between 150 and 200 trees will be removed under this contract. Councilman Fignar also inquired if this contract would cover the removal of diseased trees on commercial as well as residential property. The Acting City Manager responded that the contract does include commercial as well as residential property but pointed out that the State reimbursement subsidy does not apply to commercial property. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -151 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR REMOVAL OF DISEASED SHADE TREES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Planning Commission The Acting City Manager introduced the next item of business, Application No. 77024 that of Planning Commission Application No. 77024 submitted (John Sheehan, Jr.) by John Sheehan, Jr. for Holiday Inn. The Director of Planning and Inspection proceeded to review Planning Commission Application No. 77024 and the Planning Commission action at its July 20, 1977 meeting. He stated that the applicant was seeking special use and site and building plan approval for a 68 -room addition to the Holiday Inn, 1501 Freeway Boulevard. He explained that transient lodging was a special use in the C -2 and I -1 districts and that the expansion area to the west involves the use of land contained in the adjacent tract. He commented that the plans comprehend the provision for large vehicle parking, since the present experience indicates a need for such facilities. He explained that it is common that large vehicles such as semi - trailer trucks and recreational vehicle motor homes utilize the motel facilities and occupy up to 8 or 9 automobile parking spaces. He added that no provisions for this special parking were made in the original plans but that the proposed plans indicate five such spaces at the southwest corner of the site. He briefly discussed parking plans stating that the present plans reflect 374 spaces versus the ordinance requirement of 409 or a variation of 35 spaces. He explained that the plans L -3- 7 -25 -77 indicate that the 35 spaces represent a 247c factor of the 145 spaces h motel. H e uses within the restaurant and lounge a se .allocated to the g added that this appears to be a reasonable joint use factor since a definite element of the restaurant trade is composed of motel guests for whom parking has been provided by a separate calculation for the motel units. He noted that there would be an approximate 40 to 50 parking space increase over the parking spaces already in existence due to the proposed expansion of the motel and that there are also other areas not presently designated for parking that the plan indicates could be used for parking purposes to provide approximately another 50 spaces. He added that altogether this could mean an approximate 100 parking space increase over what is presently in existence at the Holiday Inn. The Director of Planning and Inspection reported that automatic fire extinguishing systems are required and must be installed throughout the addition including sprinkler heads in individual units. He also stated that - the building code requires smoke detectors in each of the individual units and that furthermore by 1980 all of the units in the motel must have smoke detectors as well. He explained that it has been recom- mended and the applicant has concurred that all smoke detectors be provided at the same time. He also reported that the plans indicate that there will be nine handicapped units in the expansion area to go along with two existing handicapped units. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued. Councilman Britts inquired if there would be enough land remaining on the parcel where the Holiday Inn proposes to expand to allow another building. The Director of Planning and Inspection responded that there would be enough r that parcel to support a building comparable remaining land on t e pp g arable to p g p the Holiday Inn. He added that the main concern is providing adequate parking on the Holiday Inn site at this time, which there seems to be, but pointed out that the development of other parcels around the Holiday Inn might evenutally call for the Holiday Inn to make use of other areas designated on the plan for future parking or possibly enter into joint parking arrangements. Councilman Britts pointed out that the parcel the Holiday Inn proposes to expand on to is zoned I -1 while the present Holiday Inn parcel is zoned C -2 and inquired if there was any problem with such an expansion. The Director of Planning and Inspection responded that no real problem exists in that transient lodging is permitted by special use permit in both the C -2 and I -1 districts. Councilman Kuefler inquired of the City Attorney if there would be any potential long range problems with the different zoning designations and if it would be beneficial to have the property proposed for expansion zoned the same as the present Holiday Inn property to avoid any such problems. The City Attorney stated that he could not foresee any long range problems, but if some did develop it would be better . to deal with them as they arise. The Director of Planning and Inspection next reviewed various slides depicting the site and then reviewed the site and building plans with members of the City Council. Further discussion ensued with Councilman Lhotka inquiring if the Holiday Inn provides handicapped parking stalls and ramps that make the motel accessible to the handicapped. The Director of Planning and Inspection responded that the Holiday Inn does provide specially designated handicapped parking stalls and also access ramps according to the provisions of State law. Mayor Cohen recognized the applicant, Mr. John Sheehan, Jr., who responded to an inquiry by Councilman Fignar by stating that they are not capable of expanding the Holiday Inn upward, thus, necessitating the proposed outward expansion. Mayor Cohen stated that he was under the impression, based on his 7 -25 -77 -4- recollection of the original plan review and the liquor license review for the Holiday Inn, that Topeka Inn was the owner of the establishment and he noted that there is no communication in the file from Topeka Inn. Mr. Sheehan stated that Inneco, Inc. owns the property while Topeka Inn leases it. The Mayor inquired of the City Attorney if there might be any potential liquor license problems with this arrangement. The City Attorney responded that he didn't feel there were any liquor license problems with having the leasee being one corporation and the owner another corporation provided neither are directly or indirectly interested in the liquor license of another establishment in the City. The Mayor requested that the matter be further reviewed to verify If the liquor license application for the Holiday Inn indicates this arrangement. Public Hearing Mayor Cohen opened the meeting to notified property owners. No one spoke relating to the application. Action Approving Following further discussion there was a motion by Council - Planning Commission man Fignar and seconded by Councilman Britts to approve Application No. 77024 Planning Commission Application No. 77024 submitted by (John Sheehan, Jr. for Mr. John Sheehan, Jr. for Holiday Inn subject to the following the Holiday Inn) conditions: 1. Building plans are subject to approval by the Building Official with respect to applicable codes and ordi- nances prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and financial guarantee (in a form and amount approved by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The site shall be combined through platting or registered land survey which shall be filed and made of record prior to occupancy. 5. All rooftop mechanical equipment and outside trash disposal facilities shall be appropriately screened. 6. Plan approval comprehends the potential use of the designated recreational area indicated on the plan and of certain green areas on the site for parking; and at such time that the City deems additional parking necessary, the special use permit shall be reviewed by the City and the additional parking shall be installed according to approved plans and existing ordinance requirements. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The Acting City Manager introduced the next item of business, Application No. 77025 that of Planning Commission Application No. 77025 submitted (Kurth Surveying, Inc. by Kurth Surveying, Inc for Car -X Service Systems, Inc. for Car -X Service Systems) -5- 7 -25 -77 The Director of Planning and Inspection proceeded to review Planning Commission Application No. 77025 and the Planning Commission action at its July 20, 1977 meeting. He stated that the applicant was seeking approval of a preliminary registered land survey for the property at 6810 Brooklyn Boulevard. He explained that the proposed registered land survey would combine the subject property from two tracts into one tract. He noted that the combination was required by the zoning ordinance and was classified as a condition of approval in Application No. 76067 and in Application No. 77020. He reported that a letter had been received from the owner, as required by the City Council under Application No. 77020, stating an understanding of the need for the combination and that the property would not be subject to future subdivision as long as it was used for the commercial purposes approved under the above applications. At the request of the Mayor the clerk read a letter from Mr. Harold Krieger, Executive Vice President of Car -X Systems, Inc. in which Car -X Systems, Inc. acknowledged that the property would be combined through platting or registered land survey into a single parcel under common ownership as per the City zoning ordinance and agreed that the property is to remain a single parcel under a common ownership as long as the property serves the commercial development approved and constructed under Applications No. 76067 and 77020. The City Attorney stated that the City, for further pro- tection, could file the City's resolution approving the combining of these parcels and acknowledging the require- ment that the property remain a single parcel under common ownership with the title to the property. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property in question, and explained the reason for requesting Car -X to acknowledge the almost irrevocable nature of the combining of the two parcels. A brief discussion ensued relative to the application with Mayor Cohen stating that approval of Applications No. 76067 and 77020 were done by motion rather than resolution and that it might be appropriate for the Council to adopt a resolution to be filed with the title of the property and contained with the various Planning Commission application files noting the reasons for the requirement. Following further discussion there was a motion by Council- Action Approving man Kuefler and seconded by Councilman Fignar to approve Planning Commission Planning Commission Application No.. 77025 submitted by Application No. 77025 Kurth Surveying, Inc. for Car -X Service Systems, Inc. (Kurth Surveying, Inc. subject to the following conditions: for Car -X Service Systems) 1. Final R.L.S. is subject to review by the City Engineer. 2. Final R.L.S. is subject to the requirements of Chapter 15 of the City Ordinances. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. 7-25-77 -6- Action Requesting the Motion by Councilman Kuefler and seconded by Councilman Preparation of a Resolution Lhotka to direct the Acting City Manager to prepare a resolution citing the City Council's reasons for requiring that the property at 6810 Brooklyn Boulevard remain a single parcel under common ownership so that the resolution will be filed with the title to the property and also filed with Planning Commission Application Nos. 76067 and 77020 and 77025. Voting in favor: Mayor Cohen, Council- men. Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The Acting City Manager introduced the next item of business Application No. 77027 on the agenda, that of Planning Commission Application No. (Roy Hansen for Wetterau 77027 submitted by Roy Hansen for Wetterau Builders and Builders and B.C.I.P. , B.C.I.P. , Inc. Inc.) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77027 and the Planning Commission action at its July 20, 1977 meeting. He stated that the application consisted of a preliminary registered land survey for property at 6000 Earle Brown Drive which is bounded �by T.H. 100 , Earle Brown Drive and Summit Drive. He explained that the subdivision was a stipulation of Application No. 77021 submitted by Wetterau Builders for a retail sales facility which was now under construction. He reviewed a transparency showing the location and configuration of the property in question and various slides depicting its layout. A brief discussion ensued relative to the application. Public Hearing Mayor Cohen opened the meeting to notified property owners. No one spoke relating to the application. Action Approving Following further discussion there was a motion by Council - Planning Commission man Fignar and seconded by Councilman Lhotka to approve Application No. 77027 Planning Commission Application No. 77027 submitted by (Roy Hansen for Wetterau Roy Hansen for Wetterau Builders and B.C.I.P., Inc. Builders and B.C.I.P., subject to the following conditions: Inc.) I. Final R.L.S. is subject to review by the City Engineer. 2. Final R.L.S. is subject to the requirements of Chapter 15 of the City Ordinances. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The Acting City Manager introduced the next item of business, Application No. 77029 that of Planning Commission Application No. 77029 submitted (Steel Seat, Inc.) by Steel Seal, Inc. The Director of Planning and Inspection proceeded with the review of Planning Commission Application No. 77029 and the Planning Commission action at its July 20, 1977 meeting. He stated that the applicant is seeking a special use permit to conduct an automotive repair and treatment activity in the new Speculative Building No. 7 at 1600 - 67th Avenue North. He explained that the proposed use consists of automobile rustproofing. He next reviewed a transparency showing the location and configuration of the property and also various slides depicting the area. A brief discussion ensued relative to the application. -7- 7 -25 -77 Mayor Cohen recognized Mr. R. L. Pothen, General Manager for Steel Seal, Inc. who explained the procedures to be utilized for rustproofing automobiles at the site. He stated that approxi- i through car dealerships matel 95% of Steel Seal, Inc. 's business s g p Y on an appointment basis. In response to an inquiry by Councilman Kuefler Mr. Pothen stated that between 15 and 18 cars can be ru stproof ed in one day. Mayor Cohen opened the meeting to notified property owners. Public Hearing No one spoke relating to the application. Following further discussion there was a motion by Councilman Action Approving Kuefler and seconded by Councilman Britts to approve Planning Planning Commissio Commission Application No. 77029 submitted by Steel Seal, Inc. Application No. 770 subject to the following .conditions: (Steel Seal, Inc.) 1 The permit is issued to the applicant as owner and is not transferable. 2. The permit is subject to all applicable ordinances, codes and regulations, and violation thereof shall constitute grounds for revocation. 3. Building plans and certificate of occupancy are subject to approval by the Building Official with respect to applicable codes. 4. Outside ;parking of vehicles other than those belonging to the establishment or employees shall be limited to business hours, and outside parking of vehicles in process at any other time is prohibited. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council recessed at 8 :54 p.m. and Recess resumed at 9:15 p.m. The Acting City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 77031 submitted Application No. 77031 by Theresia Dunn. ( Theresia Dunn) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77031 and the Planning Commission action at its July 20, 1977 meeting. He stated that the applicant requests a variance from Chapter 15 of the City Ordinances to permit subdivision of a residential lot at 5835 Camden Avenue North by metes and bounds description. He explained that the proposed subdivision would create a new lot facing Aldrich Avenue North which would be 118.36 feet wide and 135.30 feet deep. He added that the request was similar in nature to others approved in this area, particularly for lots which are already platted. He noted that the resulting legal description would not be complicated by the metes and bounds description because the property had been platted and the division merely split the lot in half. He then reviewed various slides depicting the property in question. Mayor Cohen opened the meeting to notified property owners Public Hearing and recognized Dolores Hastings, 5813 Aldrich Avenue North, who spoke in favor of the application. 7-25-77 -8- Action Approving Following a brief discussion there was a motion by Council - Planning Commission man Britts and seconded by Councilman Lhotka to approve Application No. 77031 Planning Commission Application No. 77031 submitted by ( Theresia Dunn) Theresia Dunn authorizing a division of Lot 25, Lyndale Riverside Acres Addition, creating two residential lots of 135.30 depth; noting that the request satisfies the ordinance standards for granting a subdivision variance, and further that no other variances are granted or implied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning ommission The Acting i introduced the next item of business g ng C ty Manager in Application No. 77032 on the agenda, that of Planning Commission Application No. (Brooklyn Center 77032 submitted by Brooklyn Center Baptist Church, 5840 Baptist Church) Humboldt Avenue North. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77032 and the Planning Commission action at its July 20, 1977 meeting. He stated that the applicant was seeking special use and site and building plan approval for the construction of an accessory building which would serve as a garage for church -owned vehicles and equipment. He further stated that the applicant has also submitted a site plan which indicates several improvements necessary for upgrading the existing parking lot and bringing certain areas into conformance with City ordinance standards. He explained that the church has made use of the Earle Brown elementary school parking facilities when overflow parking was necessary, an arrangement which was agreed to by Brooklyn Center School District representatives which will continue in the future. He further explained that the church had additional land which could be used for parking and that the church was proposing to defer installation of additional parking until plans had been developed for expansion of church facilities. He reported that there were certain areas of the parking lot which did not have curbing at this time and that this would also be deferred until future development. He explained that the applicant is well aware of the requirements for curbing and the need for the submission of a drainage plan which may include storm sewers at the time future development is proposed: He referred to an apartment building which is located easterly of the church property and explained that screening and buffering was not required at this time because a green strip would be maintained between the church parking lot and the apartment building. He next reviewed a transparency showing the location and configuration of the property and various slides depicting the site. A brief discussion ensued relative to the application. Mayor Cohen recognized the applicant who stated that they had nothing further to add to the application. Public Hearing Mayor Cohen opened the meeting to notified property owners. No one spoke relating to the application. Action Approving Following further discussion there was a motion by Council - Planning Commission man Lhotka, seconded by Councilman Britts to approve Application No. 77032 Planning Commission Application No. 77032 submitted by (Brooklyn Center Brooklyn Center Baptist Church, 5840 Humboldt Avenue North Baptist Church) subject to the following conditions: -9- 7 -25 -77 1 . The building plans are subject to approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Site drainage, grading, and curbing are subject to review by the City Engineer. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of site improvements. 4. Specific site improvements comprehended by the approval include the correction of the green strip and curbing - requirements along 59th Avenue North and along Humboldt Avenue North. The installation involving curbing, paving, and green strip materials will be according to ordinance standards. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Member Maurice Britts introduced the followin g resolution and moved RESOLUTION its adoption: NO. 77 -152 RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1977 -12 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was consideration of a list of licenses Licenses recommended for City Council approval. Councilman Lhotka stated that at the July 11 , 1977 meeting he had inquired about backup warning devices on garbage and refuse collection vehicles and if the sanitarian inspects these vehicles for such devices. The Acting City Manager stated that the sanitarian does not normally inspect for such devices and that the garbage and refuse collection vehicles contained on the list of licenses recommended for approval were not inspected to verify whether or not these devices are present. He explained that the City ordinance does not require such devices as a requirement for licensing. He further explained that OSHA regulations provide for warning devices but pointed out that OSHA regulations are occupational and safety regulations designed to protect workders and not necessarily the general public. He added that OSHA regulations require backup warning devices if there are persons working outside or around the truck. He further stated that he was aware of only two cities that require backup warning devices as a license requirement, those being the City of New Hope and the City of Minneapolis. He reported that it has been verified that eight of the ten organizations recommended for licensing by the City Council are also licensed in New Hope, while the other two are licensed in Minneapolis. He added that an assumption could be made that these vehicles are probably equipped with the backup warning devices. Councilman Lhotka reported that the Woodlake Sanitary Service vehicle that picks up garbage and trash in his neighborhood does not have such a device. 7 -25 -77 -10- Further discussion ensued relative to the backup warning devices with the Mayor suggesting that the Acting City Manager attempt to address the problem administratively and if it cannot be done so, to develop the necessary recommendation, such as an ordinance modification, to so address the problem. Regarding the rental dwelling licenses, the Acting City Manager reported that there are no delinquent taxes involved with any of the rental dwellings recommended for license approval. Following further discussion there was a motion by Council- man Fignar, seconded by Councilman Lhotka to approve the following licenses: CIGARETTE LICENSE Canteen Company 6300 Penn Ave. S. M.T.C. 6 845 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Allied Disposal Service 3714 Girard Ave. N. Dick's Sanitary Service, Inca 3417 85th Ave. N. Edina Morningside Sanitation Route 1, Gypsy Lane Hollies Rubbish Service 5533 Logan Ave. N. Metro Refuse 9837 3rd Ave. S'. Robbinsdale Transfer Co. , Inc. 4004 West Broadway Walters Disposal 2830 101st Ave. N.E. Woodlake Sanitary Service 4000 Hamel Road NONPERISHABLE FOOD VENDING MACHINE LICENSE Canteen Company 6300 Penn Ave. S. M.T.C. 6845 Shingle Creek Pkwy. Cat Pumps Corp. 1600 Freeway Blvd. RENTAL DWELLING LICENSE Initial: Gale W.. Pierce 5960 Brooklyn Blvd. Marlys Engelhardt 5531 Emerson Ave. N. James McDonough 5256 East Twin Lake Blvd. Robert M. Zappa 7206,12 W. River Road John Mallinger 7224 W. River Road Harley & Betty Bradley West River Villa Renewal: Irvin & Ruth Schloff 4819 Azelia Ave. N. Boyer Palmer 6101 Beard Ave. N. Amos Levang 4100 Lake Breeze Ave. LeRay & Keith Mortensen 4110 Lake Breeze Ave. Charles R. Boese 4210 Lake Breeze Ave. Edward Doll 1201 5 7th Ave. N. Transfer: James Simcox 4216 Lake Breeze Ave. Raymond & Agnes Janssen 1425 55th Ave. N. PERISHABLE FOOD VENDING MACHINE LICENSE Canteen Company 6300 Penn Ave. S M.T.C. 6845 Shingle Creek Pkwy. SIGN HANGER'S LICENSE Gold Medal Beverage Co. P.O. Box 3466, St. Paul a -11- 7 -25 -77 Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Acting City Manager introduced the next item of Payment of Delinquent business that of a report by the City Attorney 'relative to a Taxes as Condition of request by the City Council to review the legality of requiring License Approval the payment of delinquent taxes as a condition for approving rental dwelling licenses. The City Attorney reported that he had reviewed this possibility as a result of the City Council's request regarding the seemingly increasing problem of tax delinquencies in the City. He stated that there is very little legal information available relating to this subject primarily because very few cities license rental dwellings as does the City of Brooklyn Center. He explained that liquor license requirements often make it mandatory that delinquent taxes be paid but he pointed out that municipalities have perhaps more discretion with regard to liquor licensing than other types of activity. He stated that it was his opinion that if the City desired to make the payment of delinquent taxes a requirement of rental dwelling licensing, then it should establish a definite reason for doing so based on the health, safety and general welfare of the community. He added that it must be shown that there is a definite link between the health, safety and general welfare of the community and the payment of delinquent taxes, such as if it could be shown that tax delinquencies are an indicator of trends taking place in the community that have an adverse effect on the health, safety, and general welfare of the community. He advised that more study should be done to determine if there are these links prior to taking futher action. He pointed out that the City ordinance would have to be amended to require such a licensing condition, and that he felt that the requirement would have to be based on a strong foundation because in all likelihood it would be challenged in the courts. A brief discussion ensued relative to the report with the City Attorney explaining that such a licensing requirement might well be challenged on the fact that the City requires the pay- ment of delinquent taxes in this case while State law in effect permits taxes to go unpaid for seven years. He stated that it might be even more beneficial if the State Legislature attempted to deal with this problem through State legislation rather than for the City to attempt it through ordinance or license requirements. Councilman Britts pointed out that the tax delinquency problem seems to be more acute with multi - residential dwellings or commercial and industrial properties rather than single family properties and that it might seem unfair or discriminatory to only require that some and not others pay delinquent taxes. Mayor Cohen commented that there was a bill before the State Legislature during the last session that would have shortened the authorized tax delinquency period for commercial and industrial properties. He stated that perhaps something of this nature would be a better method for addressing the tax delinquency problems. Councilman Britts inquired as to whether or not such a State law would be upheld in the courts. The City Attorney responded that the State Legislature would not have as much of a problem dealing with such a law in the courts as would a municipality, because it would be enacted generally throughout the State affecting all municipalities rather than it only affecting one municipality if instituted by a City. 7 -25 -77 - -12 Mayor Cohen stated that he would like the Acting City Manager to further explore in more detail possible solutions to tax delinquency problems that might be embodied in a resolution that could be forwarded to the State Legislature. Further discussion ensued relative to the City Attorney's report and the tax delinquency problem. Following the discussion there was a motion by Councilman Lhotka, seconded by Councilman Fignar to direct the Acting City Manager to further explore further possible solutions to tax delinquency problems that could be embodied in a resolution and forward it to the State Legislature to urge their support and adoption. Voting in favor: Mayor Cohen, Councilman Britts , Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. Adjournment Motian by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in favor: Mayor Cohen, Councilman Britts , Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :54 p.m. tferk Mayor -13- 7 -25 -77