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HomeMy WebLinkAbout1997 09-08 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 8, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION No invocation was offered. A - moment of silence was observed in honor of Mother Teresa. COUNCIL REPORTS Councilmember Lasman reminded everyone about the Random Acts of Kindness promotion. RECOGNITION OF ADVISORY COMMISSIONERS Mayor Kragness presented certificates of appreciation to past Advisory Commissioners: Lee Anderson Financial Commission Donald Booth Planning Commission Charles Forrest Human Rights & Resources Commission Amy Gonyea Housing Commission Naomi Ische Housing Commission Kay Lasman Park & Recreation Commission Robert Mickelson Planning Commission Charlotte Nesseth Human Rights & Resources Commission Rex Newman Housing Commission Dean Nyquist Human Rights & Resources Commission 9/8/97 _1_ Phyllis Owens Northwest Hennepin Human Services Council Advisory Commission Kathryn Palm Planning Commission Phillip Roche Financial Commission Jill Schendel Park & Recreation Commission APPROVAL OF AGFND &AND CON$F.,NT AGENDA City Manager McCauley asked that item 41 Proclamation Declaring the Week of September 17 through 23, 1997, as Constitution Week, be added to the consent agenda. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the August 7,1997- -Work Session and August 11,1997 -- Regular Session as printed passed unanimously. RESOLUTION E XPRESSING RECOGNITION A PPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY A.OVI$0g_y (,- QM- VJTSSIONS RESOLUTION NO. 97 -146 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION AP PROVING PLANS AND SPECIF ICATIONS AND DIRECTING ADVERTISEMEN FOR BIDS, IMPROVEMENT PRO TECT Nn., 1997 -14, CONTRACT 1997 -M. WATER UTJLITY E NERGY CO N )1RVQ.TION MEASURES RESOLUTION NO. 97 -147 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 9/8/97 -2- 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AUTH ORIZING THE PURCHASE OF ONE TRACKLESS SIDEWALK SNOWPLOW, RESOLUTION NO. 97-148 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE TRACKLESS SIDEWALK SNOWPLOW The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTI DECLARING A PUBLIC NUISANCE AND O RDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97-149 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION T AMEND THE SECTIO 457 EMPLOYE DEFERRED COMPENSATION PLAN RESOLUTION NO. 97-150 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AMEND THE SECTION 457 EMPLOYEE DEFERRED COMPENSATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9/8/97 -3- RESOLUTION AUTHORIZING THE MAYOR AND CITY M ANAGE R TO EV.CUTE ADDENDUM TO THE CONTRACT FOR LAW ENFORC L Aa30R„ SF,RVICES ELSI AND THE CITY OF BROOKLYN VENTER FOR THE CALENDAR YEAR 1997_ AND 1998 RESOLUTION NO. 97-151 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ADDENDUM TO THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 AND 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Amusement Devices - Operator Yun's Restaurant D.B.A. Denny's 6405 James Circle North Amusement Devices - Vendor Metro Coin, Inc. 9903 Valley View Road, Eden Prairie Mechanical Svstems A -ABC Appliance and Heating 2638 Lyndale Avenue South, Minneapolis Countryside Heating and Cooling 6511 Highway 12, Maple Plain Modem Heating and Air Conditioning 2318 1 st Street NE, Minneapolis Rental Dwellings Renewal: Robert Messersmith 2309 54th Avenue North Ralph Johnson 5444 Bryant Avenue North Casmir Stachowski 5329 Queen Avenue North Robert Messersmith 5338 -5340 Queen Avenue North Taxicabs Triad Transportation, Inc. D.B.A. Town Taxi, Cab No. 105 7000 57th Avenue North, Crystal 9/8/97 -4- PROCLAMATION DECLA RING 'S WEE OF SEPTEMBER 7 THROUGH 23. 1997, AS CONSTITUTION WEEK A motion was made by Councilmember Carmody to declare the week of September 17 -23 as Constitution Week. The motion was seconded by Councilmember Hilstrom and passed unanimously. OPEN FORUM There were no requests for open forum. PUBLIC HEARINGS PUBLIC HEARING REGARDING SPF,CIAL ASSESSMENTS FOR IMPROVEME Ta PROJECT NOS. 1997 -01 AND 02 CONTRA 1997-E. ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS Director of Public Services Diane Spector outlined the recommended procedure for the special assessment public hearings. The first resolution certifies special assessments for street and storm drainage improvements rovements for Improvement Project Nos. 1997 -01 and 02, Contract 1997 -E, Orchard Lane West to the Hennepin County tax rolls. The second resolution provides for the deletion of certain special assessments from Levy Nos. 14050 and 14051. The City's Special Assessment Policy allows property owners whose property fronts on two streets (for example, a comer lot) to choose the street improvement for which they wish to be assessed. The last resolution amends the respective levy rolls to provide for the deferment of special assessments for persons 65 years of age or older or who are retired due to total and permanent disability and meet certain income guidelines. The street improvement residential rate is $2,000 per property. The nonresidential rate is $0.25 per square foot. The storm drainage improvement residential rate is $625 per property. The nonresidential rate is $0.13 per square foot. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. Ms. Faye Bombeck, 5200 66th Avenue North, spoke regarding the length of time of the project 9/8/97 -5- and also regarding the number of manholes. She also stated that the park is a mess and unsafe for children to play in and asked that it be restored to its original condition. Vivian Cloutier, 5318 62nd Avenue North, and the Swanson's, 6213 Unity Avenue North, expressed concerns with the project contractor having noisy equipment, leaving a mess, and starting their equipment too early in the morning. Ms. Spector and staff have spoken with Thomas and Sons about this issue before and will contact them again. City Attorney LeFevere stated that determining monetary damage for a breach of contract may be difficult to quantify. He will review the City's contract with Thomas and Sons. Councilmember Hilstrom asked that future project contracts address these issues. She also requested that possible citation of the contractor for noise ordinance violations be implemented. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. RESOLUTION NO. 97-152 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1997 -01 AND 02, CONTRACT 1997 -E, ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-153 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 14050 AND 14051 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-154 Member Carmody introduced the following resolution and moved its adoption: 9/8/97 -6- RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14050 AND 14051 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PUBLIC H RT G F R1�1N $PPC;TAI, ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1997 -04 AND 0 .5t C ON -MAC 1997 -F. FRANCE AVENUE. 69TH AVENUE TO NORTH Cr LIMITS STREET ND STORM DRAINAGE IMPROVEMENTS Ms. Spector explained the two resolutions for Council consideration: The first resolution certifies special assessments for street and storm drainage improvements for Improvement Project Nos. 1997 -04 and 05, Contract 1997 -1 France Avenue, 69th Avenue to North City Limits to the Hennepin County tax rolls. The second resolution amends the respective levy rolls to provide for the deferment of special assessments for persons 65 years of age or older or who are retired due to total and permanent disability and meet certain income guidelines. The street improvement residential rate is $2,000 per property. The nonresidential rate is $0.25 per square foot. The storm drainage improvement residential rate is $625 per property. The nonresidential rate is $0.13 per square foot. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. RESOLUTION NO. 97 -155 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FORRVIPROVEMENT PROJECT NOS. 1997 -04 AND 05, CONTRACT 1997 -F, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS 9/8/97 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NQ. 97 -156 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14052 AND 14053 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. PUBLIC HEARINC'r R EGARDING 5PECj ASSESS MRNT,5 FOR I)TSEASED TREE REMOVAL COSTS. DELINQUENT WEED REMOV COSTS. PUBLIC UTILITY HOOKUP CHARGEL5,, AND DELINQUENT pUBLI IJTjJ ITY SERVICE ACCOUNTS. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to close the public hearing passed unanimously. Y RESOLUTION NO. 97-157 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-158 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman 9/8/97 -8- and passed unanimously. RESOLUTION NO. 97-159 i Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-160 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PRIVATE KENNE LICENSE APPLICATION SUBMI TTED BY DANIEL KITCHIN. 5601 LOGAN AVENUE NORTH City Attorney LeFevere outlined the action leading to Mr. Kitchin's appeal of his private kennel license denial. Chapter I of the Brooklyn Center Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for RI and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. The City Manager had denied the application for a private kennel license for Mr. Kitchin. Mr. Kitchin then requested a hearing before the City Council to show cause why the decision should be changed. A motion by Councilmember Carmody and seconded by Councihnember Hilstrom to open the public hearing passed unanimously. Herb Davis, attorney -at -law, spoke on behalf of Mr. Kitchin. He spoke at length regarding Mr. Kitchin's situation with rental of his home and the City's code compliance requirements. He explained that this information was relevant to the City Council issuing a private kennel license for Mr. Kitchin. With regard to the private kennel license, he stated that none of the reports 9/8/97 -9- received from neighbors requested the license be denied and the police report did not indicate any dog complaints. i Councilmember Hilstrom indicated she had been to Mr. Kitchin's property and noticed a "For Sale" sign. Mr. Davis confirmed that Mr. Kitchin's house is for sale. City Manager McCauley explained that he based his denial of the license on the inspection report which indicated the backyard was all dirt, the inside of the house smelled of wet dog, and the fact that the five dogs are large. This led to his conclusion that it would have an adverse affect on the health, and welfare of th e residents. � ty Mayor Kragness explained that the City Ordinances are in place for the betterment of the City as a whole, and asked what Mr. Kitchin expects of the City Council. Mr. Davis said that Mr. Kitchin is asking the Council to allow him to keep his dogs until he sells his house. Mr. Kitchin indicated his intent is to sell his home and move out of Brooklyn Center. Councilmember Peppe recommended that Mr. Kitchin be given 60 days in which to rectify his situation with his excess dogs even if he hasn't sold his house in that time. There was a motion by Councilmember Peppe and seconded by Councilmember Lasman to grant Mr. Kitchin a 60 -day extension to rectify his situation with his excess dogs even if he hadn't sold his house in that time. Mayor Kragness requested clarification on the motion. City Attorney LeFevere explained that the motion on the table puts the applicant in the position of continuing to operate a private kennel without a license. He suggested continuing this issue for 60 days so that the applicant has an application pending, has a basis not to prosecute PP P g� p because a license is pending, yet the Council has not granted a license. In 60 days the license could be brought back for Council consideration. Councilmember Peppe withdrew his previous motion. A motion was made by Councilmember Hilstrom to table this issue for 60 days and if at that time there is still an unresolved situation, then it be brought back to the Council. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCEA G .. ... IN CH_ TFR 11 2_ OF TIDE CITE ORDINANCES RELATING TO THE SALE OF PULL -TABS This item was first read on August 11, 1997, published in the official newspaper on August 20, 9/8/97 -10- 1997, and is offered for a second reading and public hearing. City Manager McCauley explained that this ordinance amends Chapters 11 and 23 of the City Ordinances to delete language referring to the majority of pull -tab proceeds being contributed to the City of Brooklyn Center, and to delete language allowing only one charitable organization on a licensed premise. Section 23 -1902 would be amended to include language regarding all expenditures for lawful purposes be expended within the City's trade area. The City's trade area is defined as the cities of Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, Robbinsdale, and Fridley. Councilmember Lasman asked if the City Ordinance can be more restrictive than State Statutes with regard to the trade area. City Attorney LeFevere responded that the City Ordinance can be more restrictive regarding pull -tabs in some areas; however, with regard to the trade area the Statute is very clear that the proceeds must be expended within the trade area. The draft ordinance amendment is as strict as the law allows; however, the Council can loosen it up by 1) defining a larger trade area; 2) limiting the percentage which can be spent in the trade area; or 3) deleting all limitations on the expenditures of the lawful proceeds. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Jim Madden, owner of Earle Brown Bowl, and John Russell, resident at 5312 North Lilac Drive, requested that the ordinance remain the same with regard to the percentage of expenditures being expended only in Brooklyn Center. With regard to the number of charitable organizations allowed on a licensed premise, they agreed with the ordinance amendment. City Manager McCauley explained that the amendment to Section 23 -1902 regarding the percentage of expenditures is being amended simply to come into compliance with State Statutes and is a separate issue than the amendment to Section 11 -717 with regard to the number of charitable organizations on a licensed premise. City Attorney LeFevere explained that State law does not allow for a City Ordinance to require a percentage of the gambling proceeds to be expended in the city. Mr. Russell said he spoke to the Gambling Control Board and was informed the City can pass more stringent ordinances. City Attorney LeFevere reviewed Minnesota State Statutes, Section 349.213, subd. 1(a), (b), and (c). 9/8/97 -11- Mr. Russell asked if more stringent restrictions can be placed on the ordinance. City Attorney LeFevere responded they can only subject to more specific limitations imposed by the State. He further explained that a charitable organization can choose to spend its expenditures however it wants, such as if they want to spend 100% in Brooklyn Center. Gene Glorvigen, CEO of Celebrity Bowl Charities, explained that the ordinance amendment restricts the charitable organizations from donating outside the trade area, such as a State function being held out of the trade area. City Manager McCauley suggested the Council adopt Section 1 of the ordinance amendment, delete Section 2, and further discuss Section 2 and bring it back to a future Council meeting. Councilmember Peppe left the Council table at 8:43 p.m. and returned at 8:45 p.m. Tim Martenson, Brooklyn Center Fire Relief Association, 6925 Quail Avenue North, said the City ordinance is in violation of the State law and said the Relief Association has donated at least 90% of its money in Brooklyn Center. He asked if the requirement in the ordinance of three years existence in Brooklyn Center to sell pull -tabs will be changed. City Manager McCauley responded that there is no recommendation to change the ordinance. The license application would be reviewed for compliance with the ordinance. Mr. Glorvigen asked how the City would determine the three years existence in Brooklyn Center. He said Celebrity Bowl Charities is registered with the State of Minnesota. City Attorney LeFevere explained that it does not relate to the establishment where you would sell the pull � p bs, it relates to the charitable organization being in existence in Brooklyn Center for three ears. It would have to be Y reviewed on a case - -case basis to determine if the applicant meets the requirements. Councilmember Carmody requested staff to review Section 11 -717.1 with regard to a charitable nonprofit organization being in existence in Brooklyn Center for three years and to review the trade area and percentage of expenditures. Councilmember Hilstrom made a motion to table this matter to a future Council meeting so that staff can bring back more information on the amendment to Section 11 -717.1 and 23- 1902.3. The motion was seconded by Councilmember Lasman and passed unanimously. The Council recessed at 8:55 p.m. The Council reconvened at 9:09 p.m. 9/8/97 -12- AN ORDINANCE AMENDING CHAPT 235 OF THE CITY ORDI 1UA,NCES REGARDING, BUILDINGS IN R1 AND R2 DISTRICTS This ordinance was first read on August 11, 1997, published in the official newspaper on August 20, 1997, and is offered for a second reading and public hearing. City Manager McCauley explained that the recommended ordinance amendment consolidates all accessory building regulations into one section of the zoning ordinance, that being section 35 -530, dealing with buildings in the R -1 and R -2 districts. The recommended ordinance amendment also eliminates the 1,000 square foot limitation on the size of a single accessory building and prohibits sanitary sewer hookups to accessory buildings in these zoning districts. The Planning Commission continues to recommend that there be no more than two accessory buildings per residential premises and that the total ground coverage of an accessory building or buildings not exceed the ground coverage of the principal building on the premises. A motion was made by Councilmembe r Carmody oo en the public hearing The motion was Y P P g seconded by Councilmember Lasman and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97-12 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDINGS IN RI AND R2 DISTRICTS The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. AN ORDINANCE REPEALING CHAPTER 17. IN ITS ENTIRETY. OF THE CITY ORDINANCES REQjARDING PERSONNEL, This item was first read on August 11, 1997, published in the official newspaper on August 20, 1997, and is offered for a second reading and public hearing. City Manager McCauley explained that this proposal would streamline the City's personnel policies by removing them from the City Ordinances and adopting them by resolution for easier modification and to save publication costs associated with ordinances when changes are made to the personnel policy either to comply with changes in federal or state law or to make our 9/8/97 policies more effective or relevant. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97-13 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 17, IN ITS ENTIRETY, OF THE CITY ORDINANCES REGARDING PERSONNEL The motion for the foregoing ordinance was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -161 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING PERSONNEL RULES AND REGULATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS 1998 PRELIMINA BUDGET AND PROP RTY TAX L F,VY REPORT City Manager McCauley explained that the Council was being asked to approve a preliminary 1998 real estate tax levy and a preliminary 1998 budget. State law requires the adoption of these two items at the beginning of September. Along with the preliminary levy and budget, state law also directs that the Council set the truth in taxation and continuation hearing (if needed) dates. The recommended dates for the truth in taxation hearing and continuation hearing dates are Wednesday, December 3, 1997, for truth in taxation, and Thursday, December 11, 1997, for the continuation hearing. This budget is preliminary in that it represents the starting point for City Council revision and review as the budgets continue their evolution. The budget will be modified to incorporate the 9/8/97 -14- goals established by the City Council. The preliminary levy establishes the maximum real estate tax levy that may finally be adopted after the truth in taxation hearing. That preliminary levy may be reduced but may not be increased after the September preliminary levy adoption. This amount will be included in the truth in taxation hearing notices sent to property owners. The preliminary budget and levy do not reflect any impact of the referendum on the police and fire building needs. The levy for 1998 would be increased if the referendum passed. This increase in the levy is only for debt service on the bonds for the project and is not required to be included in the September preliminary levy. The preliminary levy and its corresponding limit to an amount no greater than that adopted in September relates to the general operating budget and debt service for previously issued bonds. The preliminary levy would increase the real estate taxes by the City, Economic Development Authority, and Housing and Redevelopment Authority by a total of 2.35 percent above the gross levy for 1997. City Manager McCauley displayed several overhead transparencies noting the figures for the total tax levy, debt service requirements, and general fund revenue projections. RESOLUTION NO. 97-162 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly Y seconded b member Lasman and passed unanimously. RESOLUTION NO. 97-163 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 1998 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 9/8/97 -15- RESOLUTION NO. 97 -164 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-165 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS AND A REGULAR DECEMBER CITY COUNCIL MEETING The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. REPORT ON BROOKDALE AND POND GRANT City Manager McCauley reported that the City has been advised there is a signed purchase agreement for the sale of Brookdale with an anticipated closing in November. The ponding grant that was achieved through the work of Speaker Carruthers, Senator Scheid, and Representative Carlson is going forward with the Department of Trade and Economic Development (DTED). A draft agreement has been received from DTED for the disbursal of the funds to create the regional pond. The Director of Public Services has been working with the City of Minneapolis to develop an agreement for the construction of the pond for the portion that would be constructed in the City of Minneapolis and its operation. Hopefully, this will come back at the next City Council meeting for approval so the City can move forward on the construction. 9/8/97 -16- ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 9:28 p.m. passed unanimously. :em� City Clerk Mayor Recorded and transcribed by: LeAnn Larson 9/8/97 -17-