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HomeMy WebLinkAbout1984 09-10 CCM Regular Session MINUTES OF THE PROCL :liii G3 Oc T11L CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTPMBER 10, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes; and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Jim Thomson, representing the City Attorney's office, Director of Parks & Recreation Gene Hagel, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Sheldon Matheson, Assistant Pastor of the Brookdale Covenant Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use. the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember Hawes requested item 9a be removed from the Consent Agenda. PROCLAMATION DECLARING SEPTEMBER 17 THROUGH SEPTEMBER 23 AS CONSTITUTION WEEK IN BROOKLYN CENTER T ere was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the Proclamation Declaring September 17 through September 23 as Constitution Week in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1984 -14 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. � 9 1 0 - 8�, -1- is R ESOLUTION NO. 84-133 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GLENN BREUNINGER The motion for the adoption of the foregoing resolution was duly seconded by member j Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. Knights of Columbus Ladies Auxiliary 7025 Halifax Ave. N. MECHANICAL SYSTEMS LICENSE Hoove-Aire, Inc. 6840 Shingle Cr. Pkwy. L.S.V. Metals, Inc. 6800 Shingle Cr. Pkwy. SIGNHANGERS LICENSE Arrow Sign Company 18607 Highway 65 NE SPECIAL FOOD HANDLING LICENSE J.C. Penney Brookdale Center Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. REVIEW OF CITY'S POLICY ON REMOVAL OF DISEASE SHADE TREES ON BOULEVARDS Mayor Nyquist briefly reviewed the history of the Open Forumrequest which was initiated on July 23, 1984. He then explained that the Council had reaffirmed the City's i policy on the payment for removal of diseased shade trees, and also noted P Y PYm that, at the meeting at which the policy was reaffirmed some people in the audience indicated they did not get a chance to speak. He noted that he was not aware there were people in the audience who wished to speak, and that the Council has had a tradition of allowing persons to address the Council and not denying anyone an opportunity to speak at a Council meeting. He explained the primary issue for the Council is the ownership of boulevard trees and that it was his impression that the City does not own the trees. He then asked the City Attorney to comment on boulevards with regard to ownership. Mr. Jim Thomson, representing the City Attorney's office, stated that going back to when a street is initially platted, the rule is that the property owner owns to the center line of the street and the City has an easement for the purpose of building and maintaining the street. He explained the rule is that the City can assess property owners up to 50% for the portion of the streets in that easement area. Mayor Nyquist then opened the meeting to allow persons in the audience an 9_10 -84 -2- opportunity to speak: and recognized Mr. Cliff Wyman, 3501 Admiral Lane. Mr. Wyman stated that, in his opinion, ownership of the boulevard is a moot point since the City controls 100% of the boulevard use. Mayor Nyquist then recognized Mr. Les Reinhardt, 5906 Halifax Avenue North, who stated that he has had a problem with a City tree planted by the City and which he did not want and now has to pay an additional 25% for the removal of the diseased elm since dropping the tree would damage a young sappling nearby. He explained the additional 257, charge is to cover the extra cost of removal. Mayor Nyquist recognized Mr. Ron Blake, 3812 Janet Lane, who inquired if there was not some debate as to the declaration of the right -of -way depending on the width of the original easement. Mr. Thomson stated that the property owner owns the property to the center line of the street. Mr. Blake then replied that he believes there is some inconsistency in the City's policy since the code enforcement officer claims it is the City's boulevard when enforcing ordinances against cars parking on the boulevard or garage sale signs being placed on the boulevard. The City Manager replied that the City does regulate certain activities on the boulevard but the City does allow planting of trees by residents on some boulevards. He explained that property owners have a stake in the boulevard since it is the property owners access to the street. He emphasized that the City regulates but does not own the boulevard. He again added that residents can put things on the boulevard which do not interfere with traffic. Mr. Blake then referred to a recent article in the Minneapolis Star & Tribune which he claimed the Mayor made a statement indicating that it did not matter what other suburbs were doing with regard to the policy of the removal of boulevard trees. He stated that it did matter to him and that he believes if 12 out of 13 suburbs choose to pay 1007, of the removal costs,it is significant. He then asked the Council to reconsider the policy of removal of diseased shade trees on boulevards, and added that based on the average figure of removal costs, he believes the additional cost to the City would be approximately $5,000 and that this would amount to approximately a $.65 per year annual increase in taxes to the approximately 8,200 homes in Brooklyn Center. Mayor Nyquist then recognized Bonnie Johnson, 6509 Unity Avenue North, who stated that she has a corner lot next to property owned by the Osseo school district. She explained her son had placed a car at the end of her driveway on school property and the City's code enforcement officer informed her that she would be fined for placing the car there. She stated that she does not feel she owns 15 feet of a street if she cannot park on it for more than four hours, can't park a car on the boulevard or put up a sign. She concluded by stating that she does not feel she should pay for something she does not own. Mayor Nyquist recognized Patrice Tew, 6724 Ewing Avenue North. Ms. Tew stated that the state statute says that people will be fined if diseased shade trees are not removed within 20 days. She pointed out that notices for removal have been turned in for over three weeks which is in excess of the 20 day period. The City Manager explained that this has been an unusually heavy year for diseased shade trees and that virtually every City in the state does go over the 20 day time period. He added that the City is doing the best they can with available contractors, and indicated that the City is in technical violation of the ordinance but that the City is working under a good faith effort to comply with the statute, and also pointed out that the City has not fined and will work with property owners who are over the 20 day removal 9-10-84 -3- i deadline. Ms. Tew stated that she believes that there is an inconsistency in the City's policy since the City is relying on a statute to support its policy of assessing the cost for removal of diseased shade trees while not enforcing the statute on removal of diseased shade trees, Mr. Jim Thomson, representing the City attorney's office, pointed out that the state statute allows procedures for removal of diseased shade trees and provides for assessing the cost of removal, if the tree is not removed by the property owner. He explained the City ordinance then sets forth the criminal penalty for noncompliance and he added that he does not believe the City has pursued this criminal penalty and that the City is not obligated to pursue the criminal penalty. Ms. Tew then inquired whether property owners could hold the City liable. City Manager Y y indicated that this may be possible but i pointed out the City is also making a good faith effort to remove the trees, and generally, this is used by judges as a rule of thumb in making their decisions. Ms. Tew pointed out that her point was that she does not believe there is a consistency under the law with the current City policy on the removal of trees. Mayor Nyquist recognized Mr. Milt Fogel, 6730 Ewing Avenue North. Mr. Fogel stated that his tree was felled today and he was charged a 25% hazardous drop cost. He added that he would like to find out what this hazardous drop cost consists of. The City Manager stated that he would check into the matter and would contact Mr. Fogel when he determined why the 25% hazardous drop cost was added. Mayor Nyquist recognized Mr, Tom Escher, 6500 Unity Avenue North. Mr. Escher questioned whether the power lines on his property were installed at the same time the property was developed in 1958. He explained the power line goes over an existing tree and a V has to be trimmed out of the tree to allow the power line through. He added that he was told by NSP that they would not remove the tree. The City Manager stated that he would follow up on this matter and get back to Mr.. Escher and asked Mr. Escher to provide his phone number, so that he could get in touch with him. Mr Escher stated his home phone was 537 -2441 and that his work phone was 330- 7901, ext. 1644. Mayor Nyquist inquired if there was anyone else who wished to address the Council. No one requested to speak and Mayor Nyquist then asked the Council what action they wished to take. He added that he believes the Council should take some action this evening in regard to the request before them. Council Lhotka inquired who determines the hazardous drop charges. The City Manager stated that usually he tree inspector requests this when Y p q w e inspecting the tree, and also pointed out there is a clause relating to it in the tree removal specifications. In response to a question from Councilmember Theis, the City Manager stated that since 1972 the City has removed approximately 5,300 diseased shade trees. He added that over the last few years the percentage breakdown of diseased trees has been 40% boulevard trees and 60% private property trees. Councilmember Theis then estimated that approximately $300,000 would be spent by the City to remove the remainder of diseased boulevard trees along with reimbursement for those trees already removed. He then posed the possibility of either a tax increase or a decrease of other City services to provide for these funds. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reconsider the City policy on the removal of diseased shade trees on boulevards. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. I 9 10--84 4 • CORREC COP Councilmember Theis commented that considerable discussion has taken place this eveninn, regarding the technical legal aspects of the issue and added that he likes to make a decision based on what is right or wrong. He added that he believes boulevard trees are good for both the aesthetic purposes which benefit the entire City and also as a benefit to the property owner, since it makes the property more attractive and the fact that trees are desired by most homeowners. He stated he believes there is a joint reponsibility for trees and that he believes the policy set some time ago was fair to homeowners affected by diseased trees and to other City residents not affected by boulevard trees. He then stated that he would not like to see the City change its policy with regard to the cost of removing diseased shade trees on boulevards and that he believes the policy is equitable, however, he added he was still opposed to the $15 administrative fee. Councilmember Hawes stated he was somewhat in favor of a review of the policy and added that if the City pays the full cost of removal it may encourage replacement of the tree. He added that he wants to encourage people to replace diseased trees and that perhaps a different percentage split would be appropriate. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to change the amount to be paid by the property owner for removal of diseased shade trees from 50% to 30% of the removal cost and to change the City's portion of the removal cost from 50% to 70% with no administrative fee. In discussion of the motion, Councilmember Lhotka stated that he believes the present policy is adequate and does not feel it creates a hardship. - He added that the property owners have received some benefit from the boulevard trees, and also pointed out that other programs have been cut from the City budget in the recent past and that this policy review should be looked at with regard to these recent budget cuts. He stated that if the change is approved he recommends it not take place until the first of next year. Councilmember Theis commented that if homeowners have some responsibility for the tree then altering the percentages is not appropriate. He added that if the Council changes the percentages it should go all the way or nothing. Upon a vote being taken on the motion on the floor, the following voted in favor: Councilmembers Hawes and Scott. The following voted against: Mayor Nyquist, Councilmembers Lhotka and Theis. The motion failed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to reaffirm the City's policy with regard to removal of diseased shade trees on boulevards and to maintain the 50/50 split cn the cost of removal between the property owner and City and also to apply the 50/50 split to the $15 administrative fee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: Councilmembers Scott and Hawes. The motion passed. • RESOLUTIONS (CONTINU The City Manager introduced a Resolution Calling for a Public Hearing on a Multifamily Housing Revenue Bond for the Earle Brown Farm Apartments Property. Councilmember Hawes stated that he removed this item from the Consent Agenda to clarify the fact that by calling for a public hearing the Council is not endorsing the project. 9 -10 -84 -5- RESOLUTION NO. 84 -134 Fleur er i l`- -Tawes i roduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE PROPOSED ADOPTION OF A PROGRAM AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES; ORDERING A PUBLIC HEARING AND THE PUBLICATION OF A NOTICE OF THE PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka requested that, given the volume of background information given on this p articular item, in the future such information be given out earlier than the Friday before the Council meeting. i PLANNING COMMISSION ITEMS PLA NNING COMMISSION APPLICATION NO. 84031 SUBMITTED BY ROD BERN FOR SITE ARID BUILDING PLAN APPROVAL TO CON STRUCT 12 TOW NHOUSES ON EXISTING LOTS WITHIN THE EARLE BROWN FARM TOWNHOUSES DEVE AT 69TH AVEINUE NORTH AND YORK PLACE The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the August 23, 1984 meeting and also the Planning Commission information sheet prepared for Application No. 84031. He then reviewed the right - of -way acquisitions for the proposed street realignment at 69th Avenue and Shingle Creek Parkway. Next he reviewed a transparency of the site and building plan submitted with Application No. 84031 and noted the plan exceeds the amount of required parking. He also reviewed the proposed landscaping plan submitted with the application. The Director of Planning & Inspection explained that no public hearing was required for the application but the Planning Commission did send informational notices to the eight townhouse owners in the Earle Brown Farm Townhouse Development. He then explained the Planning Commission recommended approval of the application subject to ten conditions which he reviewed for Council members. He stated no public hearing is required on the application but that the applicant is present this evening. The Council then reviewed the building plans submitted with the application. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 84031, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be i 9-- 10_84 _� submitted prior to the issuance of permits to -assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 6. B612 curb and gutter shall be provided around all common parking and driving areas. 7. The plans shall be revised to provide for the following: a. a grading plan b. indication of B612 curb and gutter around all common parking and driving areas c. driveway widths of no less than 18' in locations where the driveways are not in d. the addition of 20 guest parking stalls in the common area e. relocation of trees scheduled for the future Shingle Creek Parkway boulevard to other areas on the site f. an additional lightpost in the common area north of the northeast quad home. 8. The applicant shall enter into a standard utility maintenance agreement for common area utilities prior to the issuance of permits. 9. The applicant shall provide the City Engineer as -built utility information prior to the release of the performance guarantee. 10. The grading and utility plans must be revised and certified by a registered architect or engineer prior to the issuance of building permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:35 P.M. and reconvened at 8:50 p.m. DISCUSSION ITEMS REQUEST BY S HO1. 1 BTZ PIZZA FOR AMEN TO THE CITY'S AMUSEMENT DEVICE ORD W7UCH WOULD AL LOW PRIZES TO BE GIVEN FOR SKEEBALL The City tanager introduced the next agenda item and explained that Showbiz Pizza is requesting that the City's amusement device licensing ordinance be changed to allow 9- 10- -84 -7- I prizes to be given for skeeball. He explained skeeball is a machine and game in which a person rolls a ball down an alleyway attempting to put the ball in various holes which register points based on degree of difficulty. He added that with an of a certain number of points, the machine will dispense accumulation p , ense a ticket or � tickets redeemable for a prize or merchandise. Currently, he pointed out the game is considered by the State to be a game of skill and is not a gambling device. He noted that Mr. Perry Snower, Chairman of the Board for Sweeny Group, Inc., and representing Showbiz Pizza, is present this evening. Councilmember Scott inquired what type of prizes would be awarded for skeeball games. Mr. Snower replied to Councilmember Scott's questions by passing out samples of prizes to be awarded for skeeball. He noted that the prizes consisted of various trinkets designed for small children and were of minimal value. He pointed out that skeeball is the largest revenue game in the Showbiz franchise and the company feels that without skeeball their business in Brooklyn Center is being hurt. He added that Showbiz Pizza has acted in a community- minded manner in Brooklyn Center, and pointed out their involvement with the crime prevention fund and talent shows. He noted that the prizes awarded are so insignificant that it cannot be construed as a gamble. He added that the game is not a gambling game but a game of skill, and requested the Council to change the ordinance to allow prizes such as those presented this evening to be awarded skeeball game winners. Councilmember Hawes stated that he is not concerned with the prizes shown this evening but is concerned that prizes may be changed sometime in the future to more valuable prizes. Mr. Snower acknowledged Councilmember Hawes' concern but noted that in five years the prizes at Showbiz Pizza have not changed, and emphasized that the company is not aiming at teenagers but rather at small children. Councilmember Lhotka expressed a concern that the City is not opening itself' up to other areas and requested the City Attorney to comment. Mr. Jim Thomson, representing the City Attorney's office, stated that the Council would be opening itself up to all games of skill and that it would apply across the board to all games' of skill, if the Council allowed prizes to be awarded for skeeball. He added that if the Council is to consider a change in the ordinance the most narrow allowable change could be considered. In consideration of the City Attorney's comments, Councilmember Theis stated that he would like to see the staff work out a proposal which would be most restrictive. The Director of Planning & Inspection pointed out that the State has made some decisions regarding games of skill and games of chance and that perhaps the restrictions could be based on the attorney general's opinions regarding games of skill and chance. The City Manager stated that the staff will prepare an ordinance amendment for the Council to review. Councilmember Lhotka commented that he would also like to see the information used and rejected by the staff in reaching it's proposal and also any past similar requests. The City Manager stated that he would return to the Council in two weeks with a proposal. There was a motion by Councilmember Scott and seconded by Councilmember Theis to direct the City staff to prepare a proposed ordinance amendment regarding the request by Showbiz Pizza to allow prizes to be awarded for skeeball games. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. Voting against: none. The motion passed. Councilmember Hawes abstained from the vote. ' 9- 10--84 __&- RESO (C `I'hc City MIanager introduced a Resolution Approving Plans and Specifications and Ordering (advertisement for Bids for Central Park Plaza Improvement Project No. 1984 -10 (Contract 1984 -J). The Director of Public Works presented the Central Park Plaza plans and reviewed them for Council members. The Council reviewed and discussed the various items contained in the plans, including the arbor structure and pond. Councilmember Lhotka inquired as to the amount of maintenance required for the pond. The City Manager explained it is expected that every three to five years the pond would have to be cleared of debris. He explained that Mr. Paul Fjare from Brauer & Associates has indicated to the City staff that similar ponds in the area have gone for ten years with relatively little maintenance required. RESOLUTION NO. 84 -135 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK PLAZA IMPROVEMENT PROJECT NO. 1984 -10 (CONTRACT 1984 -J) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -1 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF ROBBINSDALE RELATIVE TO PROVIDING UTILITY SERVICE TO PROPERTY AT 4650 INDIANA AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON ANNUAL CITY AND USE OF FEDERAL REVENUE SHARING FUNDS The City Manager introduced the public hearing and noted that the City's Director of Finance has prepared an overview of the City budget for the public hearing and that the public hearing will also serve as the use hearing for Federal Revenue Sharing Funds. The Director of Finance reviewed the proposed 1985 City Budget for Council members and noted that the total proposed budget for 1985 was $7,489,959 which was a $577,433 increase over the 1984 budget and amounted to an 8.35% increase. He then noted that the net operating budget, which excludes capital outlay and debt retirement represents only a 5.091 increase over the 1984 budget. The Director of Finance then reviewed the proposed appropriations for general government, public safety, public works, health and welfare, recreation, unallocated and debt redemption. He then reviewed the proposed appropriations by 9 -10 -84 -9- function and object classifications. The object classifications included personal services, supplies, repairs, etc., utilities, debt retirement, professional services, capital outlay, insurance, communications, contingency and an all other category. The Director of Finance next reviewed the proposed capital outlay for the 1985 Budget which amounted to $575,262, a $264,175 increase over the 1984 Budget. The Finance Director next reviewed the debt retirement which amounted to $370,801 for 1985, a 1% decrease over 1984. j The Finance Director next reviewed the estimated revenues for 1985 and also the estimated sources of financing. He noted the revenue includes intergovernmental revenue, general property tax, charges for services, miscellaneous, licenses and permits, court fines, and fund balance. The Director of Finance.then reviewed the City's 1985 proposed federal revenue sharing allocation which was $182,000, a 33.31, decrease from 1984. He then reviewed for Council members the State and Local Fiscal Assistance Act of 1972 which provided for Federal Revenue Sharing Funds. He then reviewed the various revenue sharing entitlement periods under the act. He explained the restrictions and qualifications* for receipt of Federal Revenue Sharing Funds including public hearings, publications of hearing notices, an audit every three years, a policy of nondiscrimination, labor standards, and use reports. He next reviewed the required revenue sharing hearings and explained that the budget hearing being held this evening by the City Council provides an opportunity for citizens to ask questions about the overall budget and the relationship of revenue sharing funds to the budget and to comment on the budget. He then briefly reviewed the City policy on the use of Federal Revenue Sharing Funds and noted that the City's policy has been to use revenue sharing funds for capital expenditures and for expenditures that do not create ongoing programs. He pointed out that the past use of federal revenue sharing funds has provided all capital outlay in the general fund budgets for the years 1973 through 1984. He also noted that the federal revenue sharing hearing will continue throughout the budget hearings. The Director of Finance inquired if there was any questions or comments regarding the budget for Federal Revenue Sharing Funds from the audience of the City Council. There being no questions, he continued with his review of the City budget. The Director of Finance proceeded to review the City's fund balance which is derived from supplemental local government aid to be received in 1984 which was not anticipated when the 1984 budget was adopted and from the fund balance accrued from prior years a favorable budget performance. The Director of Finance next reviewed the property tax levy for 1935 which represents a 0% increase from 1984. He then reviewed the assessable valuation of the City estimated for 1985 which represented a 1.2% increase from 1984. He then reviewed the 1985 assessed valuation formula change, and noted that the 1985 proposed estimate of the mill rate was 16.352 mills which represents a 2.5% decrease. fie then reviewed the tax forgiveness for 1985 which represents 54% of total tax to a maximum of $650 on a maximum market value of $67,000. He then reviewed the proposed property tax for 1985 on a $63,400 home (the average priced home in Brooklyn Center) , and noted that it was $92.86 for the City share of the tax. He explainers that this represents a $3.81 decrease or a 3.90%, decrease from 1984. He continued to review the proposed budget tax impact on various valued horses in Brooklyn Center. 9 -10 -84 -1.0- ltae tirector of Finance proceeded to review the distribution of tax dollars collected from the various taxing jurisdictions in Brooklyn Center, and noted that the City's share of the tax dollar is less than 16ro of the total tax dollar. In conclusion, the Director of Finance reviewed major capital outlay expenditures proposed for 1,85 and other budget highlights, including continuation of existing service levels, no new full --time positions proposed, one park maintenance position eliminated, one park maintenance position transferred to public utilities division, contracted street seal coating, municipal legislative commission dues, watershed districts dues, and the domestic assault intervention program. He noted that all City employee salaries for 1985 remain unsettled and that the staff is proposing a contingency of appropriation of $1'5,000 for 1985. Councilmember Theis requested the Director of Finance to provide the percentage breakdowns of various programs in the budget. Mayor Nyquist opened the meeting for the purpose of a public hearing on the proposed City Budget and the use of Federal Revenue Sharing Funds. He recognized Mrs. Barbara Jensen who addressed the Council and encouraged the Council to consider the Brooklyn Center Mediation Project in their 1985 budget. She explained she believed the project has the potential for a significant impact on the community and added that the project is not looking at ongoing support but only funding to get under way. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one else requested to speak and Mayor Nyquist entertained a motion to continue the public hearing until next Monday evening. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on the proposed City Budget and use of Federal Revenue Sharing Funds to 7:00 p.m. on September 17, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLI HE ARING ON AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CHANGING THE ZONING CL ASSIFICATION OF CERTAIN LAND The City Manager introduced the ordinance and noted that it was approved for first reading at the August 6, 1984 City Council meeting, published on August 16, 1984, and is scheduled for a public hearing this evening. He added that approval of the second reading of the ordinance is contingent upon submission of a final plat by H. E. Homes, Inc., and noted that the ordinance comprehends the proposed office condominium project by H.E. Homes, Inc., on Brooklyn Boulevard. The Director of Planning & Inspection noted that the plat had not yet been filed. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land, and noted that since the final plat had not yet been filed he would entertain a motion to continue the public hearing to September 24, 1984. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land to September 24, 1984 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, 9 -10 -8 -11- Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS (CONTINUED) REPORT ON W ATER QUALITY PROBLEM IN THE WEST C ENTRAL NEIGHBO The City Manager briefly reviewed the water quality problems experienced in the west /southwest neighborhoods in Brooklyn Center which included a high concentration of manganese which occurs naturally in the City's water supply and a high level of hardness which also occurs naturally in the City's water supply. The Director of Public Works pointed out that one area of the City between Orchard and Unity Avenues between 63rd and 65th Avenues have experienced the most severe problems. He noted that within this area the City receives more black water and taste and odor complaints than from any other comparable size area of the City. He added that many red water complaints (which are relatively rare throughout the rest of the City, as should be expected from the low iron levels at the wells) are received from residents within this area. The Director of Public Works proceeded to review the staff recommendations and stated that based on observations and experiments the j staff is recommending the installation of permanent inline pumps and chemical feed equipment at three locations within the problem area. i Councilmember Lhotka inquired whether the solution was a long range solution or a temporary one. The Director of Public Works explained that the staff is recommending this as a long range solution since the only other alternative would be to reline or replace the water pipes in the area. He noted that lack of circulation in this particular area causes the water to react with the metal in the pipes and thus creating the water problem, such as red water complaints. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the staff recommendations regarding water quality problems in the west /southwest neighorhoods of the City. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. EARLE BROWN FARM DEVELOPMENT ADVISORY COMMITTEE APPOINTMEN The City Manager and Mayor Nyquist, as per Council direction, recommended the following people to be appointed to the Earle Brown Farm Development Advisory Committee: Dr. Duane Orn, Mrs. Leone Howe of the City's Historical Society, Sylvia Kenney, Senior Citizens Representative, Warren Lindquist, School Representative, Bill Eldridge from NSP, Gil Engdahl, Ron Christensen, and Lowell Ainas from the City's Planning Commission. There was motion by Councilmember Lhotka and seconded by Councilmember Hawes to appoint the slate of individuals recommended by the City Manager and Mayor to the Earle Brown Farm Development Advisory Committee, and to authorize the appointment of either Dr. Duane Orn or Warren Lindquist as Chairman of the Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION O RE OF CHIPPE_WA PARK A P A RTMENTS RENTAL LICE NSE There was a motion by CouncilmerFiber Scut and seconded by Councilmember Hawes to renew the rental dwelling license for Chippewa Park apartments for a two year period, effective September 1, 1984 to expire August 31, 1986. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 9- 1.0 -84 REST G1?ATION OF COUNCILMEMB SCOTT FROM NORTHWEST S UBURBS CABLE COMM UNICATIONS COi'1- : }S, J0N Couriclmember Scott stated that due to her work schedule she is not able to attend cable commission meetings and must, therefore, resign. She noted that. Councilmember Hawes has expressed an interest in serving as the City's representative and she recommended his appointment to replace her. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to accept Councilmember Scott's resignation from the Northwest Suburbs Cable s Commission. Voting in favor: Mayor ommunication. Commz Nyquist, Councilmembers 6 Y Y Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. a There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the appointment of Councilmember Hawes to the Northwest Suburbs Cable Communications Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:29 p.m. Deputy Ci Clerk cam" Mayor 9 -10 -84 -13-