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Home My WebLink About1969 07-28 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 July 28, 1869 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :35 P. M. Roll Call: Philip Cohen, Earl Rydberg and Theodore Willard. Also present were: D.G. Poss, Paul Holmiund, C.E. Van Eeckhout, Richard Schieffer, B.E. Peterson and Thomas O' Hehir. Motion by Theodore Willard and seconded by Earl Rydberg to approve the minutes of the July 9, 1969 meeting as submitted. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Earl Rydberg and seconded by Theodore Willard to approve the minutes of the July 14, 1969 meeting as submitted. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to approve the minutes of the July 15, 1969 meeting as submitted. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Member Theodore Willard introduced the following ordinance and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO. 69 -17 AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES REGARDING UNCLAIMED PROPERTY ANP MOTOR VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded by member Earl Rydberg, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Rydberg and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Motion by Earl Rydberg and seconded by Theodore Willard to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMITS Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to release the performance bond for Federal Lumber Co. (Planning Commission Application No. 68008) in the amount of $600.00. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously, -1- Motion by Earl Rydberg and seconded by Theodore Willard to release the Performance bond for the Shell Oil Co, (Planning Commission Application No. 67005) in the amount of $1 Voting in favor were: Philip Cohen Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to authorize the Mayor and City Manager to execute a water main, sanitary sewer and fire hydrant inspection and maintenance agreement with the Chrysler Corp. for the Dodge site in the vicinity of 68th and Osseo Road, Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard, Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 69046 requesting plan approval for the Brooklyn Center Municipal Service Garage and Planning Commission Application No. 69045 requesting plan approval for the East Side Fire Station, The City Manager gave a brief review of each of the two planning applications stating that the Council and the Citizens Architectural Advisory Committee had essentially reviewed the subject applications, but that formal site and building plan approval was needed. Motion by Earl Rydberg and seconded by Theodore Willard to approve Planning Commission Application No. 69046 regarding final approval of the site and building plans for the Brooklyn Center Municipal Service Garage. Voting in favor were; Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none, Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Rydberg to approve Planning Commission Application No, 69045 regarding final approval of the site and building plans for the Brooklyn Center East Side Fire Station. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Council next considered landscape plans submitted by Bar -Ett Construction Co. and relating to Planning Commission Application No. 68064. The City Manager presented the landscape plans to the Council and after a brief review a motion was made by Theodore Willard and seconded by Earl Rydberg to approve the landscape plans for the Bar -Ett Construction Co. subject to the following conditions. 1. That the 4 ft. walkway along the front of the building shall not be required; 2, That a 5 ft. walkway along Osseo Road the full width of the property shall be installed at a location to be approved by the City Manager; 3, That the blacktop strip shown on the landscape plans along Osseo Road shall be deleted. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard, Voting against were; none. Motion carried unanimously. Member Earl Rydberg introduced the following resolution and moved its adoption: RESOLUTION NO. 69 -265 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR MUNICIPAL SERVICE GARAGE AND EAST SIDE FIRE STATION AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Rydberg and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- Motion by Theodore Willard and seconded by Earl Rydberg to approve the following licenses; Cigarette License Freddie's Super Service 6601 Lyndale Ave. No, Gasoline Service Station License Verl's Freeway Shell 6545 Lyndale Ave. No. Gas PiRlag License_ Conditioned Air Equipment Co. 3010 Clinton Ave. No. Shamrock Heating, Inc, 7608 Lyndale Ave. So. Heating License Conditioned Air Equipment Co. 3010 Clinton Ave. So. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none. Motion carried unanimously, The City Manager, Council and City Attorney next discussed at great length a draft liquor license ordinance. The City Manager explained to the Council that the proposed ordinance consisted of provisions of the State Statutes and is a combination of local liquor ordinances. The Council recessed at 9 :25 P. M. and resumed at 9 :39 P. M. Motion by Earl Rydberg and seconded by Theodore Willard to declare a first reading on the following ordinance: AN ORDINANCE REDEFINING PENALTIES FOR MISDEMEANOR VIOLATIONS Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard. Voting against were: none, Motion carried unanimously. A discussion ensued between the City Engineer and the Council relating to Planning Commission Application No. 69027. It was the consensus of the Council that there were no objections to provision for an Osseo Road right turn lane right-of-way dedication and for banning access to Beard Avenue. The next item of discussion related to the City Engineer's remote reading water meter proposal and a proposal to increase the water meter deposit. It was the Council consensus that an implementing resolution be presented at a future Council meeting. The City ;T=anager announced the resignation of Assistant Fark aMA -. Recreation Director Ray Ecklund, effective September 4,, 1969. He aisb aiandunced the appointment of ay.iss Kathy Flesher as Recreation Program Supervisor . effective August 25, 1969. Motion by Earl Rydberg and seconded by Theodore Willard to adjourn the meeting. Voting in favor were: Philip Cohen, Earl Rydberg and Theodore Willard, Voting against were: none. Motion carried unanimously. The Council meeting ad j ourned at 11 :2 5 P. M. Jerk Mayor -3- CITY OF BROOKLYN CENTER ORDINANCE NO. -17 AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES REGARDING UNCLAIMED AND MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 2 of the City Ordinances is hereby amended by the repeal of the following: (Section 2 -101. CUSTODY OF FOUND PROPERTY OTHER THAN ANIMALS. The Village Administrator shall make provisions for receiving and safekeeping found property and money delivered to him and coming into his possession in the course of municipal operations. A receipt shall be issued to the person delivering such property or money to the Village. Such property shall be stored in a safe place and such money deposited with the Village Treasurer in a special account for found money for a period of six months unless claimed by the true owner. It shall then be subject to disposal under this ordinance as property or money.) (Section 2 -102. CLAIMS BY OWNER. During such six month period, the Village Administrator may deliver such property or order such money paid to the true owner upon proof of ownership satisfactory to the Administrator, after ten days notice by mail to any person who has asserted a claim of ownership. The Clerk shall not issue any order for the dispersment of such money without the written order of the Village Administrator. If ownership cannot be determined to his satisfaction, the Administrator may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a Court.) (Section 2 -103. CLAIM BY FINDER. If the true owner does not claim the property or money during this six month period, the Adminis- trator may deliver the property or order the money to be paid to the person who delivered it to the Administrator if at the time of delivery such person indicated in writing that he wished to assert a claim to the.property or money as a finder.) (Section 2 -104. TRANSFER TO GENERAL FUND. If any such money is not claimed by the true owner or finder within the six month period, the Village Administrator shall notify the Clerk and ! money shall then be transferred to the General Fund of the Village.) it I Ordinance No. 69 -17 (continued) (Section 2 -105. SALE. After the six month period, property not delivered to the true owner or finder shall be sold by the Village Administrator at public auction or appropriated to the use of the Village. The Administrator shall ive one week g� published notice of the auction in the official newspaper. The notice shall describe the article to b disposed sposed of and announce t � he date time and place of the auction. Instead of being sold at auction any article or property may be appropriated to the use of the Village by any Depart- ment in need thereof upon approval of such appropriation by the Village Council.) (Section 2 -106. DISPOSITION OF PROCEEDS. After the auction has been completed, the Village Administrator shall remit the proceeds of the auction to the Village Treasurer for deposit in the General Fund. Any property offered for sale but not sold and not suitable for appropriation to the us eof Village shall be deemed to be of no value and shall be disposed of in such manner as the Village Administrator directs.) (Section 2 -107. CLAIM BY OWNER AFTER AUCTION. The true owner of property sold at auction under section 5, shall upon application to the Clerk within six months of the auction and upon satisfactory proof of ownership, be paid the sale price from the General Fund.) (Section 2 -108. SUMMARY DISPOSAL. The Village Administrator may, without notice and in such manner as he determines to be in the public interest dispose summarily of any property coming into his possession which he determines to be dangerous or perishable. He shall make a record of the pertinent facts of the receipt and disposal of such property.) -- (Section 2 -109. REPEAL. SectiorB2 -101, 2 -102, 2 -103 and 2 -104 of Chapter 2 of the Ordinances of the Village of Brooklyn Center adopted December 30th, 1957 and entitled "An Ordinance Providing for the Disposal of Abandoned Property Held By the Village" are hereby repealed.) Section 2: Chapter 2 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE PROVIDING FOR THE CUSTODY AND DISPOSAL OF PROPERTY COMING INTO THE POSSESSION OF THE CITY OF BROOKLYN CENTER AND REMAINING UNCLAIMED Section 2 -101. CUSTODY OF FOUND PROPERTY. EXCEPTING ANIMALS # ND MOTOR VEHICLES. The City Manager shall establish administrative 'I i Ordinance No. 69-17 (continued) provisions for receiving and safekeeping found property and money coming into possession of the City of Brooklyn Center in the course of its municipal operations. A receipt sh be issued to the ~ person finding such property or money and causing it to be delivered to the custody of the City. Such property shall be stored in a safe place and such money deposited with the Ci Treasurer for a period of three (3) months unless claimed by the true owner. Upon expiration of the three (3) month period, said property or money shall be subject to disposal under this ordinance as unclai property or money. Section 2 -102. CLAIMS BY OWNER. Dur such three (3) month period, the City Manager may deliver such property or order such money paid to the true owner thereof upon proof of ownership satis- factory to the City Manager, after ten (10) days notice by mail to other persons who may have asserted a claim of true ownership. In the event ownership cannot be determined to the satisfaction of the City Manager, he may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court. Section 2 -103. CLAIM BY FINDER. If the true owner does not claim property or money during the three (3) month period, the City Manager may release such unclaimed property or order such unclaimed money to be paid to the person who found same, if at the time of delivery to the City of Brooklyn Center such finder indicated in writing that he wished to assert a claim to t1m property or money as a finder. Section 2 -104. TRANSFER OF UNCLAIMED MONEYS TO E G NE RAL FUND. If any such money is not claimed by the true owner or by the finder within the three (3) month period, the City shall cause such money to be transferred to the General Fund of the City. Section 2 -105. PUBLIC SALE OF UNCLAIMED PROPERTY. 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, shall be sold at public sale by the City Mana er. The City Mana er shall cause one week p ublished 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 uncl aimed ro ert f o fered 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 Cit Manager directs. Ordinance No. -17 (continued) Section 2 -106. DISPOSITION OF PROCEEDS. Upon completion of a public sale of unclaimed ropert the Cit Manager shall cause the " proceeds therefrom to be deposited in the General Fund of the City. Section 2 -107. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The former true owner of Property sold at public sale according to the p rovisions of Section 2 -105 shall, upon a lication to the Cit Clerk within 6 months s of the date of oublic sale and u on furnishin satisfactory proof of former ownershi be Paid the respective sale rice proceeds from the General Fund of the City. Section 2 -108. SUMMARY DISPOSAL. The Cit Manager may, w ithout and in such manner as he determines to be in the Public interest, dispose summarily of any property coming into his possession which he determines to be dan erous or perishable. He shall make a record Of the pertinent facts of the receipt and disposal of such property. Section 2 -201. CUSTODY OF UNCLAIMED MOTOR VEHICLES. The Cit I � ana er shall establish administrative provisions for receiving and W toring unclaimed motor vehicles coming into the 20ssession of the City of Brooklyn Center in the course of its municipal operations He shall mail to the re istered owner, if any, as shown on the records of the State Registrar of Motor Vehicles, notice of Possession of the motor vehicle and the intent of the Citv of Brooklvn Center to dispose of said motor vehicle Section 2 -202. CLAIMS BY OWNER. At any time within a Period of not less than 30 days after the mailing of notice to the registered owner, if any, said owner may claiim his vehicle upon furnishing satisfactory Proof of ownership to the City Manager. Section 2 -203. PUBLIC SALE OF UNCLAIMED MOTOR VEHICLES. Upon expiration of a period of not less than 30 days after the mailing of notice to the registered owner, if any. an unclaimed motor vehicle shall be sold to the highest bidder at Public sale by the City Manager. The City Manager shall cause one week Published notice of the pu blic sale in the official news a er, said notice announcinq the date, time and place of the public sale i Ordinance NO. 69 -17 (continued) Section 2 -204. DISPOSITION OF PROCEEDS. Upon completion of public sale of unclaimed motor vehicles, the City Manager shall cause the net proceeds thereof to be deposited in the General Fund of the City. The net proceeds shall be the sale price less any costs of handling, storing, or sale of such unclaimed vehicle Section 2 -205. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The net proceeds of a respective unclaimed motor vehicle which has been sold at public sale shall be paid to the former owner thereof upon application to the City Clerk and upon furnishing satisfactory proof of ownership within 6 months of the date of respective public sale. Section 3: This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 28th day of July 1969. Mayor ATTEST: (.'l�l•G /L- /J Comer -t-t City Clerk Published in the Official Newspaper July 17, Effective Date August 16, 1969 (Brackets indicate matter to be deleted, underline indicates new matter)