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HomeMy WebLinkAbout1971 11-22 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota November 22, 1971 The City Council met in regular session and was called to order' by Mayor Philip Cohen at 7:35 PO Mt. Roll Call: Mayor Cohen, Councilmen Heck, Ausen, Leary and Willard. Also present were: City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, and Administrative Assistant Blair Tremere. Reverend Alfred Grams of Brook Park Baptist Church offered the invocation., Motion by Councilman Willard and seconded by Councilman Ausen to approve the minutes of the October 18, 1971 Council meeting as corrected. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Heck to approve the minutes of the October 27, 1971 Council meeting as corrected. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Heck to, approve the minutes of the November 2, 1971 Election Canvass Board meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against; none. Councilman Vuillard abstained from voting because he was not present at that meeting. Motion carried. The City Manager presented a resolution which was intended as an expression of support for Hennepin County Municipal Court Judge David Leslie's recently announced policy regarding penalties for driving while under the influence of intox- icating liquor. He explained that the resolution was consistent with the objectives of Resolution No. 71 -49 adopted earlier in the year by the Council which urged the Legislature to enact legislation designed to curb death and injuries caused by intoxicated drivers. Mayor Cohen asked the Clerk to read the p: oposed resolution to the citizens and he offered comments endorsing the resolution. 11%ayor Cohen then recognized Judge Leslie and asked the Judge to comment on the success of the policy. Judge Leslie stated that the policy had been relatively successful over the past month and that the response from the public had been one of overwhelming support. He stated that pother judges on the municipal court bench had not offered complete:. endorsement of the policy. and that .many .of them were in the process. of e :raluating the success of its implementation, Judge Leslie further explained the features of the policy and stated that its primary intent was to act as a deferent for first offenders and that hopefully it would-be a :solution to: an increasing, prob -- Following comments by Councilmen and citizens. present at the meeting, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -r222 RESOLUTION REGARDING PENALTY PROPOSAL FOR DRIVING WHILE UN1 ER. THE INFLUENCE OF - - IPUQ ICATING UOR_ The, motion for the adoption of the foregoing resolution was' duly seconded by 3 member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard:. and the following voted against the same `none, whereupon said - resolution was declared, duly passed and adopted. i Mayor Cohen then recognized Mir. Marc Kruger, Chairman of the Youth Advisory Commission. Mr. Kruger explained the events planned for Government Day and a mock election to be conducted at Park Center High School and Brooklyn Center High School. Mr. Kruger then introduced the student candidates for the mock election and noted that the successful candidates would conduct a mock City Council meeting. Mayor Cohen then presented Mr. Kruger a book for his examination, A Whitehouse Conference on Youth. The Council next considered Planning Commission Application No. 71066 submitted by William Doane, requesting a variance from 25 ft. to 15 ft. on a side yard setback on a corner lot. The City Manager explained that the applicant has a 43 ft, wide lot and wishes to build a garage facing the side street with a setback of 15 ft. He noted that this was an area of older platting and narrow lots with an original setback of 15 ft. from the side street. He stated that many of the houses and garages have been built with the old setback. Following a brief discussion, there was a motion by Councilman Leary and seconded by Councilman Willard to approve Planning Commission Applicatb n No, 71066 submitted by William Doane noting that a hardship is recognized, in that the ordinance provisions did not specifically allow for certain conditions or traditions which prevail in various neighborhoods in the City. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next presented a resolution intended to formally authorize Brooklyn Center's participation in the previously discussed engineering study for the Shingle Creek drainage area and to authorize the Mayor and City Manager to execute a joint powers agreement. He stated that Brooklyn Center's maximum potential cost for participation in the project will be $2500. He noted that the source of funds to meet the City's share of the cost of the engineering study would be the Mayor - Council Professional and Consultant's Fee Fund. Councilman Willard stated that he had attended a Conservation Commission study session when the proposed study had been examined, and that he agreed with the selection of the firm and the concept of the proposed study. Member Theodore Millard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -223 RESOLUTION AUTHORIZING PARTICIPATION IN JOINT SHINGLE CREEK WATERSHED STUDY 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, john Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council next considered Planning Commission Applications No, 71042 71043, 71044, 71045, and 71046 submitted by Boyer Palmer, The City Manager reviewed Application No, 71042 indicating that the applicant is requesting that the north 48 ft. of Tract A, Registered Land Survey No. 1192 (commonly described as being located at 6101 Beard Avenue North) be rezoned from R -5 to R -4 to accommodate the construction of a two family dwelling. It was noted that the parcel in question is part of the existing 24 unit apartment building and is being utilized for density purposes for that development. He commented that the applicant has stated the opinion that the property in question has no functional relationship with the existing multiple development and is simply a residual strip of land that should be utilized for some purpose. He said the applicant further contends that the neighborhood Could best be served by allowing a development on the parcel and to that end he is requesting the R -4 zoning classification. -2- The City Manager stated that the Planning Commission had noted the parcel in question was approved as a landscaped open area for the 24 -unit apartment development, and was concerned that the applicant has not developed and maintained the area as originally proposed and is now attempting to develop .it for a different purpose. The City Manager commented that the Planning Commission Chairman noted that the applicant had been properly notified of the Planning Commission meeting and failed to appear to present his arguments for the rezoning matter. The applicant responded that his representative had not been present at the Planning Commission hearing due to some confusion as to the meeting time. Mr. Palmer stated that there have been problems with loitering on the parcel in question as well as persons using it as a pedestrian throughway to the commercial establishments on Brooklyn Blvd. He stated that the property, in his opinion, has no aesthetic or other value in so far as the apartment complex is concerned. He stated that he had submitted the application in an attempt to correct a difficult situation. The Mayor then opened the meeting to a public hearing of the residents' of the area, Mr. Richard Gunderson, 6113 Beard Avenue North stated that while he favors a building on the parcel, the residents of the area do not unanimously feel a building such as a duplex is the answer. He stated that, in his opinion there is a problem with the lot which could have been rectified if the owner had followed the provisions of the original site and building plans for the area. He stated the feeling of many of the residents was that any good solution was acceptable, but that the prime issue was rectifying a bad situation. Mayor Cohen then read a petition delivered by Mr. Gunderson and signed by 13 area residents calling for the Council's aid in the clean up, landscaping, and policing of the area in question. The Mayor ordered that the petition be placed on file. A lengthy discussion ensued relative to the proposed development of the site and Councilman Willard stated that the probl em was a result of the original developer not fully integrating the parcel according to the original site and building plan. He stated that merely granting a string of variances, as requested, was not the most desirable solution. The City Manager commented that the staff has considered many proposed solutions to this problem over recent months and none were considered practical. He stated that it was probably the best solution to put the property to some sort of use and that fencing the area off was not an answer. Several residents commented as to the desirability of a building on the parcel in question including Mrs. L. Reetz, 3309 Lawrence Road, who stated that a multiple family dwelling was not desirable in that several problems induding parking would be created. Mrs. Sledz of 6137 Beard Avenue North alleged that parking already is a problem in the area as the result of the residents of Mr. Palmer's apartments. Councilman Heck stated that there had been little discussion of what the owner had actually done to alleviate the problem, and asked Mr. Palmer what action he had taken to prevent some of the problems. Mr. Palms responded that he had called the police when there had been an indication of problems. Mr, Palmer also commented that he had put up a fence around the apartment complex itself. Councilman Heck inquired whether Mr. Palmer had installed a fence around the parcel in question and the applicant responded he had not. Mr. Palmer also stated that he felt a building of some sort would be a better solution in that the property would be maintained. Councilman Heck concluded that the owner has a responsibility to take more substantial action to alleviate the problems which already exist, for example, the installation of a fence to prevent heavy pedestrian traffic. The City Manager stated that there is no existing legislation which can be used to require an owner to put in a fence on his property especially consider- ing that the development has existed in the present state for many years. Council- man Heck commented, however, that the land in question is still as essential to the apartment development as a whole as it was when the original site and building plans for the apartments were approved. -3- Following a brief discussion concerning the role the proposed housing maintenance code could play in solving such problems, there was a motion by Councilman Willard and seconded by Councilman Heck to deny Planning Commission Application No, 71042 because the property in question is of a substandard character, and would therefore serve as a detriment to the principles of the Zoning Ordinance. Further discussion ensued concerning the applicant's request and Councilman Ausen observed that approval of this application would involve substantial departure from the density requirements of the ordinance. He stated that the parcel in question was essential for the density requirements of the apartment complex development and thus it in effect was not to be considered • vacant lot. He suggested a possible solution would be the construction of • walkway with the parcel in question being dedicated by the owner to the City for purposes of a pedestrian walkway. The City Manager responded that the people in the area had strongly indicated_ that they were opposed to the parcel being a throughway to the commercial establishments on Brooklyn Blvd., Mayor Cohen stated that it might be advisable for the Council to make an on -site inspection of the parcel in question and he then called for a vote on the motion by Councilman Willard to deny the application. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none, Motion carried unanimously. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to deny Planning Commission Applications No. 71043, 71044, and .71045 in that the applicant had not indicated a hardship according to the standards set forth in the ordinance. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Notion carried unanimously. There was a motion by Councilman Leary and seconded by Councilman Willard to deny Planning Commission Application No. 71046 because the site plan is not in order subject to the requirements set forth in the Zoning Ordinance, and because the matter is a moot point in view of the Council's action to deny the rezoning and variance matters related to the property in question. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and vVillard. Voting against: none. Motion carried unanimously. The Mayor directed the staff to return the housing maintenance code to the Council at a near future date for consideration. The meeting recessed at 10;00 P.M. and resumed at 10 :25 P.M. The City Manager next reviewed Planning Commission Applications No. 71039 and 71062 submitted by Brooklyn Center Industrial Park. The City Manager explained that Planning Commission Application No. 71039 requested approval for a replat of Tract B, Registered Land Survey 1300, Lot 1, Block 3, Twin Cities Interchange Park Addition, of Outlots B and C, Brooklyn Center Industrial Park Plat I, and part of Lot 1, Block 3, Twin Cities Interchange Park Addition and combining the parcels into a registered land survey consisting of 21 tracts. He stated that the staff had reviewed the survey document and had noted that it appeared that the 35 foot roadway width, as submitted, could be maintained on the proposed registered land survey providing a 10 foot snow storage and green strip easement is provided. The City Manager also explained that the applicant had requested an amendment to the original survey which comprehended the fact that the site for the proposed Nino's Restaurant had been altered making it necessary to withdraw part of the registered land survey, and that the Planning Commission had recommended approval of the survey as amended. The Director of Public Works stated that all the plans should not be released until all documents relative to maintenance and easement and responsibilities have been received and reviewed by the City Attorney, Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Willard to approve Planning Commission Application No. 71039 submitted by Brooklyn Center Industrial Park subject to the following conditions: -4- 1. That the southwesterly extremity of the southeasterly property line of Tract Q shall be pivoted upon the john Martin Drive property comer approximately 10 feet northwesterly to provide a 10 foot strip of land between the property line and the proposed roadway on Tract R; 2. That a 6 foot strip of land or, the south boundary of Tract Q. be reserved by easement as a snow storage area for the proposed roadway on Tract R. This area shall be maintained as a green strip, but would not prohibit the installation of a driveway to cross such strip of land; 3, That the following documents be filed with the Register of Titles Office: a. A document conveying an easement for driveway purposes to Tract Q and S of the registered land survey from Tract R with said document reflecting responsibility for the general maintenance such as replacement, snowplowing, patching, seal coating, etc.; 4. That a legal document convey Tract O and Z to the City for street purposes. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No 71062 submitted by Brooklyn Center Industrial Park, He commented that the applicant is requesting approval of a registered land survey of the City block lying between James Avenue on the east and Shingle Creek Pkwy. and extending from 65th Avenue to 67th Avenue. He noted the reason for the subdivision is to provide building sites having a single legal description. Following a brief discussion there was a motion by Councilman Ausen and seconded by Councilman Leary to approve Planning Commission Application No, 71062. Voting in favor were: Uayor Cohen, Councilmen Leary, Ausen, Heck and Vuillard. Voting against: none. Motion carried unanimously, The City Manager next presented Planning Commission Application No. 71056 submitted by Federal Lumber Co. stating the applicant is requesting site and building plan approval for a 24 foot by 160 foot lumber storage building. He noted that the building was very similar to one that was approved in 1969 and that the applicant desires to build without using a fire extinguishing system, He stated the applicant had listed the following reasons for this desire: 1. The building would be entirely open on the north side and would be unheated; 2. None of the other buildings and sheds have sprinkler systems; 3. Water supply lines would not be readily available and the cost of installation would be prohibitive. A lengthy discussion ensued based upon Councilman Willard's inquiry about the seemingly inferred variance from the City's sprinkler ordinance, should the application be approved as submitted. Mr. Rosenbaum, representative of the applicant, was recognized and stated that the applicant desired to just put a roof over standing lumber which was already there, Following further discussion there was a motion by Councilman Willard and seconded by Councilman Leary to approve Planning Commission Application No. 71056 submitted by Federal Lumber Co. noting that the proposed structure will be open on the north, is unheated and will serve as a cover for standing lumber; that no other buildings and structures on the property have sprinkler systems; that water is not readily available and the cost of installation would be prohibitive; that given the type and nature of the structure it is stipulated firemen would not be called upon to enter the structure to extinguish a blaze -5- therein; and, further that the application is approved subject to the following conditions: i Fire extinguishers shall be installed as required by the City Fire Marshal; 2. Drainage and utility plans are subject to the approval of the City Engineer prior to the issuance of a building permit, 3. Building plans are subject to the approval of the Building hispector wfth respect to applicab: building codes; 4. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 71059 submitted by Home Federal Savings and Loan seeking approval for the installation of a driveway around the present bank building located at 2901 Northway Drive, as well as the installation of a drive -up banking window. The Director of Public Works commented that there were some apparent problems with the drainage plans that could potentially create icing problems along the newly installed sidewalks. He stated that the staff could work with the applicant in resolving these problems. Mr. Iroore, representing the applicant, was recognized and stated that the applicant would resolve any drainage problems with the City staff. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 71059 submitted by Home Federal Savings and Loan subject to the following conditions: 1 Grading of the driveways and drainage plans are subjec to the approval of the City Engineer prior to the issuance of a building permit; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. Voting in favor were: IvIlayor Cohen, Councilmen Leary, Ausen Heck and Willard. Voting against: none. Notion carried unanimously, The City Manager stated the next item of business was a reconsideration of Planning Commission Application No. 71025 submitted by View on,, Inc. which had been approved at the July 15, 1971 Council meeting. He stated that the applicant had made certain revisions to the original site and building plans for an office building to be located at Shingle Creek Pkwy. and County Road 10. He commented that the applicant had redesigned the use of mechanical room on the top of the six story structure, to be used as a penthouse and that a penthouse changes the character of the structure to a seven story building. The City Manager stated there were three basic considerations: 1. The proposed penthouse represented a different use for the area than that indicated on the anginal plan; 2. The proposed use as a penthouse represented a different use than that found in the rest of the building, and that the proposed use in fact made the area a place of public assembly; 3. A need was therefore created for two exits from the penthouse. -6- The N ayor noted that a representative of the applicant was not present. The City Manager stated that the applicant had explained that the area would still house mechanical equipment,, but that it would also be a relaxation or leisure facility constructed for the use of the tenants. The City Manager then recommended that the applicant should be required to submit landscape and lighting plans as a condition of the approval of the building and site plan as revised. He noted that this condition, if approved, would be an addition to the original conditions of the July 15, 1971 Council action. Following a discussion of the design and intended use of the building there was a motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 71025 submitted by Viewcon, Inc. subject to the following conditions: 1. Lighting and landscaping plans will be submitted to the City Council for examination and approval; 2. That all driving aisles be delineated with in place concrete curbing; 3. That the building be sprinklered with an automatic internal sprinkling system; 4. That all areas designated as green space shall have an - underground sprinkler system; 5, That all final building specifications shall be drawn under supervision of and signed by a registered structural engineer, 6. That should the general office use change and a new use require - additional parking the plan will be subject to review by the Planning Commission and or City Council; 7. Utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 8. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 9, A performance agreement and performance bond (in an amount to be determined by the City lv;anager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Notion carried unanimously. The next item of business was consideration of a resolution authorizing a contingency transfer. The City Manager explained that in July of 1971 the Council acknowledged the emergency repair of the storm sewer outfall structure located at 65th Avenue North at the Mississippi River. He noted the repairs have been completed and temporarily financed through the Street Department budget and that the proposed resolution is intended to transfer $11,515 from the contingency account to reimburse the Street Department materials account. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -224 RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER AN APPROPRIATION IN THE AMOUNT OF $11,515.04 FROM THE MAYOR AND COUNCIL'S CONTINGENCY ACCOUNT NO. 401 -48 TO THE STREET DEPARTMENT MATERIALS ACCOUNT NO. 422 -32 FOR THE EMERGENCY REPAIR OF THE STORM SEWER OUTFALL STRUCTURE AT 65th AVENUE NORTH AND THE MISSISSIPPI RIVER -7- The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted, The City Manager next presented a resolution authorizing the purchase of a sidewalk snowplow and noted that bids on a Bombadier Snowplow had been opened and the purchase price was comprehended in the 1972 budget. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -225 RESOLUTION ACCEPTING SNOW PLOW BID The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager commented on proposed resolution authorizing the purchase of an addressing machine and stated that at the November 1, 1971 - Council meeting the Council had directed the preparation of a resolution authorizing the purchase of mail addressing equipment to serve the City's various mailing needs. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -226 RESOLUTION AUTHORIZING PURCHASE OF MAIL ADDRESSING EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City lVianager presented two resolutions intended to recognize some necessary modifications in the recently authorized sanitary sewer, storm sewer, and water main Projects 1971 -20, 21, and 22 respectively. The Director of Public works offered a brief explanation of each of the resolutions. Member John Leary introduced the following resolutions and moved their adoption: RESOLUTION NO. 71 -227 RESOLUTION AMENDING RESOLUTIONS NO. 71 -202, 71 --203, 71 -213 AND 71 -214 ADOPTED OCTOBER 18, 1971 AND NOVEMBER 1,, 1971 AND RESOLUTION NO. 71 -228 RESOLUTION AMENDING RESOLUTIONS NO. 71 -202, 71 -204 AND 71 -215 ADOPT OCTOBER 18, 197 AND NOVEMBER 1, 1971 The motion for the adoption of the foregoing resolutions was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolutions were declared duly passed and adopted„ -8- The City Manager next explained a proposed resolution intended to request that County Road 10 between Highway 100 and the west City limits be designated as a segment on the federal aid urban system. He noted that the action may be considered a cooperative effort involving neighboring municipalities, Hennepin County and the State Highway Department for the purchase of enhancing federal financing for the construction and maintenance of the metropolitan street system, The Director of Public Works commented on the proposed resolution. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO, 71-229 RESOLUTION REQUESTING THE COMMISSIONER OF HIGHWAYS TO RECOMMEND TO THE FEDERAL HIGHN'J'AY ADMINISTRATOR THAT COUNTY STATE AID HIGFIVTAY NO. 10 FROM THE WEST CORPORATE LIMITS TO T. H. 100 BE REQUESTED FOR DESIGNATION AS PART OF THE FEDERAL AID URBAN SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Theodore 'Viillard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next presented a proposed ordinance for second - reading which would amend Chapter 2 of the City's Ordinances and which was first read on November 1, 19 71 and published on November 8, 19 71. Following a brief explanation member Howard Heck introduced the following ordinance and moved its adoption: ORDINANCE NO. 71 -12 AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES RELATIVE TO DISPOSAL OF UNCLAIME P ROPERTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 2, Section 2 -105 PUBLIC SALE OF UNCLAIMED PROPERTY is hereby amended as follows: Upon expiration of the three (3) month period, unclaimed property remaining in the possession of the City of Brooklyn Center shall be appropriated for City use upon approval (of the City Council or) by the City Manager if such item of property is valued less than $100 and upon approval by the City Council if such item of property is valued greater than $100 or, shall be sold at public sale by the City Manager. The City Manager shall cause one week published notice of the public sale in the official newspaper, describing therein the article to be sold and the date, time and place of the sale. Any unclaimed property offered for.public sale but not sold, and not suitable for appropriation for City use, shall be deemed to be of no value and shall be disposed of in such manner as the City Manager directs. Section 2: This ordinance shall become effective after adoption and thirty (30) days following its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Councilman Leary and seconded by Councilman Willard to approve the followir licenses -9- Christmas Tree Sales License Newcomb Nursery 1000 E, Hwy. 7 James O. Jackson 211 So. Cedar Lake Road Y's Men Northside YMCA Cigarette License Benson's Candy and Tobacco 6509 18th Ave. So, John Legierski 4601 •- 81st Ave. No, Food Establishment License Future Homemakers of America Brooklyn Center High School Willow Lane PTA 7020 Perry Ave, No, Garbage and Refuse Hauling License Hollie's Rubbish Service 5533 Logan Ave. No. Gasoline Service Station License Bi11's Texaco 6810 Brooklyn. Blvd. Mon- Perishable Food Vending Machine License John Legierski 4601 - 81st Ave, No Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none, Motion carried unanimously. The City Manager next explained the proposed brochure to be mailed to City residents announcing and explaining the December 7th bond referendum relative to the proposed ice arena. Following a discussion of the content of the brochure there was a motion by Councilman Willard and seconded by Councilman Leary to authorize the City Manager to prepare and distribute the bond election fact sheet and to approve the contents of the brochure as modified. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. Motion by Councilman Willard and seconded by Councilman Leary to adjourn the Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 12 :25 A, M. Clerk Mayes' -10-