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HomeMy WebLinkAbout1976 09-13 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 SEPTEMBER 13, 1 976 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 Jensen. Also present were City Manager Donald Poss, Director of Public Works James Merila , City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Leon Beasley and Ronald Warren. Approval of Minutes Motion by Councilman Fignar and seconded by 8 -23 -76 Councilman Jensen to approve the minutes of the August 23, 1976 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Fignar and Jensen. Voting against: none. Councilmen Britts and Kuefler abstained as they were not at that meeting. The motion passed. 1977 Budget Hearing The City Manager stated that pursuant to provisions of Section 6.06 of the City Charter he was formally presenting the proposed 1977 budget to the City Council. He recommended that the City Council convene the 1977 hearing and then table the matter until later in the evening. Motion by Councilman Britts and seconded by Councilman Kuefler to convene the 1977 budget hearing and to table the matter until later in the evening. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Fire Chief Appointment The City Manager introduced the next item of business on the agenda, that of City Council confirmation of his appointment of Ronald Boman as Fire Chief. He stated that Mr. Boman's appointment would be effective September 14, 1976 and expire December 31, 1979. The City Manager proceeded to elaborate on Mr. Boman's fire service background, explaining that he had been appointed to the Fire Department in March, 1968 and worked up through the ranks of the department to attain the rank of lieutenant. He stated that in 1973 Boman was made east side District Chief responsible for the various firefighting activities of that station. He further stated that Boman has been a Fire Department training officer and the Brooklyn Center Fire Department representative to a number of fire instructor organizations. The City Manager next reviewed the evaluation pro- cedures used for reviewing the qualifications of the candidates seeking the Fire Chief position, which included a peer evaluation, the personnel report exercise, and the oral interview board process. He commented that the oral interview process was the -1- 9 -13 -76 a most important aspect of the three components and that the Oral Interview Board was complimentary of the strengths of the two candidates interviewed. The City Manager concluded his remarks by stating that he recommended Ronald Boman as Fire Chief and urged the City Council to confirm his appointment. Motion by Councilman Fignar and seconded by Action Confirming Fire Councilman Britts to confirm the City Manager's Chief Appointment appointment of Ronald Boman as Fire Chief effective September 14, 1976 and to expire on December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Approval of Fire Relief Councilman Jensen to approve the following Fire Relief Association Transactions Association transactions: to sell $13,000 South Pacific 4.5% bonds at 98 -3/4 and to sell $25,000 Commercial Credit 4.125% notes at 94 -1/2; and to purchase $35,000 Gamble Credit Corporation notes at an interest rate of 9 -3/8 which will mature on July 15, 1986. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen announced his appointment of Michael Mayoral Appointment to Miller to the Human Rights Commission. He stated the Human Rights that Mr. Miller would be filling the vacancy of former Commission Commissioner Ery Blomberg, whose appointment expires December 31, 1977. Councilman Jensen briefly reviewed Mr. Miller's background, pointing out that he is a five year resident of Brooklyn Center, has worked for the Pilot City Regional Centel and is presently employed at Cambridge State Hospital. He stated that he has been involved with the hospital's affirmative action program and has a concern for advancing all people's basic rights and would like to become involved by being a member of the Human Rights Commission. Mayor Cohen next recognized Mr. Al Weyrauch, Chairman of the Brooklyn Center Human Rights Commission, who introduced Michael Miller to the City Council. Motion by Councilman Fignar and seconded by Councilman Kuefler to confirm Mayor Cohen's appoint - ment of Michael Miller to the Human Rights Commission effective immediately for a term to expire December 31, 1977. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager reported that review of the preliminary Noise Abatement plans for noise abatement project along FI -94 will not Project be on this evening's agenda, but will be reviewed at the September 20, 1976 City Council meeting. Mayor Cohen stated that the reason for the delay in reviewing this matter is because the Highway Department has recently agreed to include noise abatement proposals for FI -94 east of Brooklyn Boulevard to Xerxes Avenue, and that the entire project will be reviewed at next week's meeting. -13 -76 -2- Declaration of Motion by Councilman Kuefler and seconded by Surplus Equipment Councilman Jensen to declare the following obsolete items as surplus equipment to be disposed of in the best interests of the City: Street Department R adios MAKE MODEL # SERIAL # GE FI42N AN7287 Dumont n/a 158739 GE 42N - 606 GE 42N 1170388 GE n/a 6247003GC GE MT42N 1340116 RCA n/a 3- 01767 -2 GE FA /E 42A AH0003 GE n/a AH0004 GE MT42N 1110802 GE MT42N 223081.5 RCA n/a J- 01876 -1 RCA n/a KO- 5209 -1 GE MT42N8 4480146 GE 42W 5020130 Bookkeeping Machines National Cash Register Bookkeeping Machine - Model 3100 Burroughs Sensimatic Bookkeeping Machine - Series 400 Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Request to Use The City Manager introduced the next item of business, 7100 Brooklyn that of a request by the Brooklyn Center Jaycees for Boulevard permission to use 7100 Brooklyn Boulevard, the old City Hall, for the annual Jaycee Haunted House pro- gram on Halloween. He stated that it is anticipated that the Jaycees will be engaged at that time in renovating he buildi that the have g iven their g g. � g assurance that the program and the anticipated renovation could both be adequately handled. He explained that the recommended authorization is for this one time only. In response to a question by Mayor Cohen the City Manager stated that the Jaycees will be responsible for providing adequate insurance for this event. Action Authorizing the Motion by Councilman Jensen and seconded by Use of 7100 Brooklyn Councilman Kuefler to authorize the Brooklyn Center Boulevard Jaycees - Lo use" 7100 Brooklyn Boulevard for their annual Haunted House program on Halloween. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -3- 9 -13 -76 The City Manager reported that the Brooklyn Center Renovation of 7100 Jaycees are tentatively prepared to supply labor and Brooklyn Boulevard materials for the renovation of the old City Hall at 7100 Brooklyn Boulevard for CEAP, as was discussed at the last City Council meeting. He explained that the Jaycees in effect would be acting as general contractor for this renovation project. He stated that this project was recommended as part of the Jaycees' 1976 -77 yearly Plan of Action and that the Jaycees, during recent preliminary discussions, have given assurance that they can accomplish the task. The City Manager requested the authority to develop a formal agree- ment with the Jaycees for the renovation project. In response to an inquiry by Councilman Fignar, the City Manager stated that the agreement, once developed, would be brought back to the Council for final approval. The City Manager also reported that the City of Brooklyn Park has been furnished with an agreement for sharing in the refurbishing costs of the old City Hall for use by CEAP, but that their City Attorney has not yet had an opportunity to review it. He stated that the agreement with Brooklyn Park should be before the Council in October. Motion by Councilman Britts and seconded by Action Authorizing Councilman Jensen to formally authorize the City the Development Manager to develop an agreement with the Brooklyn of an Agreement Center Jaycees for the renovation of 7100 Brooklyn Boulevard on behalf of CEAP. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Action Approving Councilman Kuefler to approve an extension of the MAPSI Contract contract with Metropolitan Animal Patrol Services, Extension Inc. through December 31 , 1976. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Amendment to Councilman Jensen to approve the following amendments Election Judges List to a list of election judges previously approved on August 23, 1976: Precinct 1 (changes) Add Edith Boldischar - D, 5624 North Lilac Drive Delete Dorothy Fagerhaugh - D, 5454 Colfax Ave. N. Precinct 7 (changes) Add Bonnie Oliver - R, 6000 Halifax Place Delete Mary Gosz - R, 5330 Boulder Lane Absentee Ballot Precinct Ann Wallerstedt - D 7000 Emerson Avenue North Audrey Adel - R 2801 Nash Road Florence Johnson - D 5731 Fremont Avenue North Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 9 -13 -76 -4- RESOLUTION Member Bill Fignar introduced the following resolution NO. 76 -118 and moved its adoption: RESOLUTION ACCEPTING BID FOR ONE HEAVY DUTY, HOPPER TYPE MATERIAL SPREADER The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 76 -119 and moved its adoption: RESOLUTION ACCEPTING BID FOR ONE GOOSENECK TYPE TRAILER The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Planning Commission The City Manager reported that Planning Commission Application No. 76034 Application No. 76034, submitted by Brooklyn Center (B.C.I.P.) Industrial Park, Inc. was the subject of a letter he had recently received from that organization's president requesting that the application be completely with- drawn. He stated that the application was a request to rezone the property west of Xerxes Avenue and north of FI -94 from R -3 to I -1 and had been extensively reviewed by the Planning Commission. He proceeded to briefly review the Planning Commission action relative to the application and pointed out that the Commission had recommended denial of the application and had outlined its rationale in Planning Commission Resolution No. 76 -5, which has been forwarded to the City Council. A brief discussion ensued regarding the action the Council should take relative to the withdrawal request and the Planning Commission recommendation. Mayor Cohen and Councilman Jensen both expressed their concern that the withdrawal of the application should acknowledge the Planning Commission's recommendation relating to the rezoning request. Following further discussion there was a motion by Councilman Britts and seconded by Councilman Kuefler to direct the City Manager to pre-pare a resolution acknowledging the withdrawal of Planning Commission Application No. 76034 submitted by B.C.I.P. and including the Planning Commission's recommendation and findings relative to the application. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -5- 9 -13 -76 e Mayor Cohen again announced that review of the noise Noise Abatement abatement project for r1 -94 will not be on this evening's Project agenda, but will be reviewed at the September 20, 1976 City Council meeting. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 75035 No. 75035 submitted by Jack Welsh. He stated that (Jack Welsh) the application, originally submitted approximately one year ago, pertains to the general question of side yard setbacks and Had been tabled pending the result of a community attitude survey. He further stated that on July 12, 1976 the City Council rescinded its June 28, 19 76 approval of the application and tabled the matter to permit further consideration of the legal and planning ramifications of the issues, and also directed the City Attorney to seek an Attorney General's opinion relating to the issues of the matter. He explained that the Attorney General had declined to issue an opinion on the basis that they do not undertake opinions reviewing local enactments for potential legal problems, and pointed out that such review is the responsibility of local officials. He explained that the City Attorney had been directed to render an opinion and has submitted a memo to the City Council relating to the matter. The City Attorney proceeded to review his memo commenting that the situation has not really changed. He explained that Minnesota Statutes require -that certain conditions or standards must be met in order for a City Council to grant a variance. He stated that to grant a variance it must be shown that; (1) an undue hardship will result from a strict enforcement of the setback provisions of the ordinance; (2) the hardship results from circumstances which are unique to the applicant's property; and (3) that the granting of the variance carries forward the spirit and intent of the setback provisions of the ordinance. The City Attorney stated that in addition to these standards City ordinances further require that the hardship may not be created by the property owner or his predecessor in title and that it must be shown that the granting of the variance will not be detrimental to adjoining properties. Mayor Cohen referred to Minnesota Statutes Section 462.357 and read the standards for a variance. He stated that the City is required to abide by these standards and cannot have standards which are less restrictive, but could have standards which are more restrictive. Councilman Britts stated that the Council seems to be essentially in the same position it was when it originally considered the variance request in question. A brief discussion ensued relative to the hardship standard for granting a variance. Councilman Jensen stated that the City Attorney's memo relating to "economic feasibility" as it pertains to the Merriam Park case, seems to add something new to the consideration of a hardship. C1 7 ^ 7f' Councilman Fignar inquired if the City could allow existing structures, provided the roof line is not altered, to have different setback requirements than than for new construction. The City Attorney responded that he felt this distinction could not legally be made. Councilman Jensen commented that he feels economic considerations should be considered in this variance request. He stated that we are faced with the problem of a need to expand an existing facility and also the matter of expanding this facility in a functional way. He further stated that the cost factors of adding on to the home in question as opposed to expanding into a vacated attached garage, seemed to him to be an "economic hardship" for the applicant. He concluded by stating that he favors granting the variance request and also directing the Planning Commission and Housing Commission to review the setback question for possible ordinance modification or modification of the standards for a variance. Mayor Cohen again referring to State Statutes stated that to grant a variance on the basis of a hardship the hardship must result from circumstances unique to the applicant's property. He further stated that the Council. would be skirting the issue by improperly granting a variance in this case, and that he preferred modifying the setback requirements of the ordinance as a way of addressing the problem of the instant application. In this way, he commented, all persons with like problems can be accommodated in a similar manner. Councilman Britts spoke in favor of granting the variance and also modifying the ordinance setback requirements. He explained that he agreed with Councilman Jensen that a "economic hardship" does exist and that the variance should be granted immediately. A brief discussion ensued relative to the effect granting the variance request would have on similar situations. Councilman Kuefler commented that granting the variance has the potential effect of changing the ordinance setback requirements without formally amending the ordinance. He further stated that changing the setback requirements seems contrary to public opinion as reflected in the Jaycees Community Attitude Survey. A discussion then ensued relative to the Community Attitude Survey, the present setback requirements and the standards for a variance contained in State law and local crdinanceo The City Attorney suggested that the Council look at the spirit and intent of the zoning ordinance. He stated that the ordinance makes a distinction in setback requirements based on inhabited and uninhabited buildings which causes a problem in this particular case. He further stated that the Council may want to address this distinction, and if they feel it is not a valid distinction, then eliminate it. -7- 9- 13--76 Further discussion ensued relative to "economic hardship" with Councilmen Jensen and Britts again expressing that they feel a hardship does exist in this case, that the variance should be granted and then the ordinance should be reviewed for possible modification. The City Manager suggested looking at side yard setbacks in total. He stated that presently the ordinance requires a minimum side yard setback of 10 feet from the property line on each side of an inhabited dwelling for a total of 20 feet. He further seated that the Council might want to consider a reduction of setback standards consisting of a .minimum setback for living space on one side of the dwelling, such as three feet, provided the total setback for both sides is not less than 13 feet. Mayor Cohen stated that he does not favor granting the variance request. He explained that he recognizes the changes in housing trends, the fact that the Council would like to accommodate the applicant and the fact that the setback requirements of the ordinance should possibly be modified, but he also recognizes the validity of the Community Attitu -e Survey that suggested no change in the side yard setbacks. He commented that he would favor a review of the ordinance for possible modification as a means of addressing the problem. He concluded by stating that the Council, if it feels there is a justification for altering setbacks, should do so by an ordinance modification available to all citizens with similar problems, rather than granting a variance favoring one person. Councilman Britts stated that the Council should establish a direction for changing the ordinance setback requirements and direct the Planning Commission as to the changes it would like for the Commission to develop. He further stated that he felt the applicant's variance request should be granted immediately because of the long delay associated with the review of this matter, rather than req uire the applicant to wait for the final ordinance amendments. Following further discussion there was a motion by Councilman Kuefler and seconded by Councilman Fignar to direct the City Manager to prepare, and the Planning Commission to review, ordinance amendments that would provide for residential side yard setbacks consisting of a minimum of five feet on one side of a dwelling, pro - vided the total setback for both sides of a dwelling is not less than 15 feet. Mayor Cohen suggested that the motion be withdrawn so that the applicant could be heard. Councilman Kuefler withdrew his motion and Councilman Fignar withdrew his second of the motion. Mayor Cohen recognized the applicant, Mr. Jack Welsh, who stated that his request to reconvert his garage has been delayed for over a year pending Council review. He further stated that he was once granted a variance which was later rescinded pending a legal opinion. He explained that the Council has received the results of the related advice and urged the City Council to � nr favorably art on his variance request and then to modify the ordinance. Action Requesting A brief discussion ensued with the Mayor and the Ordinance Amendment Councilmen reiterating their positions. Following the discussion there was a motion by Councilman Kuefler and seconded by Councilman Fignar to direct the City Manager to prepare, and the Planning Commission to review, ordinance amendments that would provide for residential side yard setbacks consisting of a minimum of five feet on cne side of a dwelling, provided the total setback for both sides of a dwelling is not less than 15 feet. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Action Approving Motion by Councilman Jensen and seconded by Planning Commission Councilman Britts to approve Planning Commission Application No. 75035 Application No. 75035 submitted by Jack Welsh in (Jack Welsh) that: the proposal is not detrimental to public welfare nor injurious to other land or improvements in the neighborhood in which the parcel is located; and that the request is a reasonable and proper use of the property subject to the following: 1 . There shall be no openings on. the exterior wall facing the side yard. 2. There shall be no alteration in roof line and structural expansion which would cause an additional encroachment into the side yard. A discussion ensued relative to an amendment to the proposed approval. Motion by Councilman Kuefler and seconded by Councilman Fignar to amend the proposed approval of Planning Commission Application No. 75035 to include as a justification for the approval of the variance that the Council has directed that the ordinance be reviewed for possible modification of the setback standards. Voting in favor: Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: Mayor Cohen. The motion passed. Following the vote on the amendment a vote was taken on the approval of Planning Commission Application No. 75035 as amended. Voting in favor: Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: Mayor Cohen. The motion passed. The application was approved. Recess The Brooklyn Center City Council recessed at 9 :35 p.m. and resumed at 10:00 p.m. Slide Presentation The next item on the agenda was a slide presentation entitled, "You, Your Taxes, and Your City" prepared and presented by Finance Director Paul 11olmlund depicting the highlights of Brooklyn Center City government and the services which it renders Recess The Brooklyn Center City Council recessed at 10:40 p.m. and resumed at 10:45 p.m. -9- 9-13 -76 Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 76 -120 RESOLUTION ACCEPTING BID FOR APPROXIMATELY TWENTY -FOUR TACHOGRAPHS 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 Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following RESOLUTION resolution and moved its adoption: NO. 76 -121 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -122 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 76 -123 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -124 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. ROBERT ZERBAN 9- -13 -76 30_ 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 Robert Jensen; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Bicentennial Mayor Cohen inquired as to the present status of the Commission Brooklyn Center Bicentennial Commission. Council- Status man Kuefler responded that the Commission is now involved in preparing its last Bicentennial project, which is to gather memorabilia, information and artifacts to be buried in a time capsule on October 2, 1976. He stated that it is planned that the capsule will be opened in the year 2000. Following a brief discussion there was a motion by Councilman Kuefler and seconded by Councilman Britts to direct the City Manager to prepare a resolution commending the Brooklyn Center Bicentennial Commission, a copy of which is to be contained in the Commission's time capsule. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none, The motion passed unanimously. Mayor Cohen requested that Advisory Commission Chairmen confirm the resignations of various Commission members which have not yet been acknowledged by the City Council. Special Assessment The City Manager introduced the next item of Review business on the agenda, that of a review of special assessments upon which a hearing will be held by the City Council on September 20, 1976. The Director of Public Works proceeded to review the various special assessment projects scheduled for the public hearing. ORDINANCE Member Tony Kuefler introduced the following NO. 76 -13 ordinance and moved its adoption :. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO LAVERNE E. LINDER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS Mr. La Verne E. Linder has stated a desire to acquire. certain Broo Center owned property described below to facilitate residential development in accordance with the Brooklyn Center Comprehensive Plan; a nd WHEREAS, the subject property has no use a public property in the context o t he said i Comprehensive Plan; and -11- 9 -13 -76 WHEREAS, it is determi to be in the best interests of the citizens of Brooklyn Center to convey the subject pr operty to Mr. LaVern E. Linder; and WHEREAS, it is determined that the value of the subject property is represented by the delinquent outstanding balance of special assessments in the amount of $9,276.82, attributable to Parcel 4130 and Pa rcel 4150 of Plat 89104. It is, therefore, determined to convey the following described real estate to Mr. LaVerne E. Linder, con- sistent to Section 12.05 of the City Charter. Section 2: Property description in terms of conveyance. That City of Brooklyn Center owned property describe as: That part of the Sou 660 feet of Lot 36, Auditor's Subdivision No. 309 in Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of the South 660 feet of said Lot 36; thence westerly along the North line of the South 660 feet of said Lot 36 to the west line of said Lot 36; thence _southerly along the West line of s aid Lo 36 to a point on the Northwesterly right -of -way line of 72nd Avenue North as de in the Northland Estates plat; thence N67 44' 47 "E along a line which is coincidental with the N orthwesterly r ight-of-way t-of -way line of 72nd Avenue No rth to the point of beginnin may be conv in fee title to Mr. LaVerne E. Linder in conside of th sum of $9 , 2 76. 82 to be paid to t he City of Brooklyn Center provided that any s ecial assessments levied against the above d escribed pro- perty after Augu 23, 1976, shall become the obligation of Mr. LaVerne E. Linder or subsequent owners thereof_ A purchase agreement shall be drawn and executed by bot parties, setting forth the financial terms as repre sented by this ordinance. Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 13th day of September, 1976. Motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Bill Fignar introduced the following ordinance ORDINANCE and moved its adoption: NO. 76 -14 L3 1 -12- AN ORDINANCE AMENDING CHAPTER 35 E RELATIVE TO REZONING PROPERTY FROM R -1 TO R -2 AS COMPREHENDED BY APPLICATION NO. 76035 THE CITY COUNCIL OF THE CITY OF BROOKLYN - - - CENTER DOES ORDAIN AS FOLLOWS: Section I . Section 35 -1110 is hereby amended by the addition of the following: Lots 8 and 9, Block 5, Sunnybrook Terrace. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 13th day of September, 1976. The motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Lodging Establishment The City Manager introduced the next item of business, Licensing that of two proposed ordinances relating to the licensing of lodging establishments. He stated that the Council, in July of this year, had approved an agreement with the Minnesota Health Department whereby the Health Department would transfer to the City its licensing authority and related fees in return for inspection services at certain lodging establish - ments. He explained that as part of this agreement, the City must have an established Health Department and agree to update ordinances to be in conformity with State requirements. He stated that the recommended ordinance amending Chapter 7 of the City ordinances adopts, by reference, Minnesota State Board of Health regulations MHD 139-145, and that the recommended ordinance amending Chapter 23 establishes the licensing fee for lodging establishment inspection services. The City Manager briefly reviewed the requirements contained in the proposed ordinances. ORDINANCE Motion by Councilman Britts and seconded by First Reading Councilman Kuefler to offer for first reading an ordinance adopting regulations and licensing pro- visions relating to lodging establishments. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. ORDINANCE Motion by Councilman Kuefler and seconded by First Reading Councilman Fignar to offer for first reading an ordinance amending Chapter 23 of the City ordinances. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen, Voting against: .none. The motion passed unanimously. -13- 9 -13 -76 Motion by Councilman Britts and seconded by Licenses Councilman Jensen to approve the following licenses: FOOD ESTABLISHMENT LICENSE Automatic Vendors 231 E. 1 st St. Shoppers City 3600 63rd Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Walters Disposal 2830 101st Ave. N.E. POOL TABLE LICENSE Theisen Vending Co. 3804 Nicollet Nino's Steak Round -up 6040 Earle Brown Dr. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Due to the lateness of the hour Mayor Cohen recom- mended deferring two discussion items relating to deferred special assessments and the availability of replacement trees until the next Council meeting, and that the Council reconvene the budget hearing. Motion by Councilman Kuefler and seconded by Reconvene Budget Councilman Britts to reconvene the budget hearing. Hearing Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen left the table at 11:25 p.m. The City Manager next proceeded with a general review of the proposed 1977 General Fund Budget, summarizing estimated revenues and appropriations and expenditures. Mayor Cohen returned to the table at 11:29 p.m. Motion by Councilman Jensen and seconded by Adjourn Budget Councilman Britts to adjourn the budget hearing until Hearing Wednesday, September 15, 1976 at 7 :30 p.m. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Adjournment Councilman Kuefler to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:58 p.m. -Clerk Mayor 9_13_ -14-