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HomeMy WebLinkAbout1977 09-12 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 12, 1977 CITY HALL Call to Order The Brooklyn Center City Council met to regular session and was called to order by Mayor .Philip Cohen at 7 :30 p.m. Roll Call Mayor Philip Cohen, Councilmen Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present were Acting City Manager James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, Assistant City Engineer Dennis Brown, and Administrative Assistants Ronald Warren, Brad Hoffman and Mary Harty. Invocation An invocation was offered by Councilman Britts. Approval of Minutes Motion by Councilman Fignar and seconded by Councilman 8 -15 -77 Kuefler to approve the minutes of the August 15, 1977 joint City Council, Advisory and Charter Commissions meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 8 -22 -77 Lhotka to approve the minutes of the August 22, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Request Installation In consideration of persons in attendance, Mayor Cohen of 'Traffic Signals recommended that the Council first consider a recommendation regarding the installation of traffic signals on T.H. 169. The Acting City Manager introduced the item stating that it consisted of a recommended resolution for the purpose of requesting the Minnesota Department of Transportation (MN /DOT) to install traffic signals on T.H. 169 at 66th Avenue North, 69th Avenue North, and 73rd Avenue North. He also stated that the recommended resolution indicates the willingness of the City of Brooklyn Center to participate in the costs of these signals. He explained that for a number of years the City has been concerned about T.H. 169 especially between 66th Avenue North and 73rd Avenue North and reported that the City has also in the past, requested that pedestrian crossings and signals be erected in this area. He explained that to date the Highway Department has marked these intersections as pedestrian crossings using paint and s ignery . The Acting City Manager reported further that MN /DOT has stated that traffic signals at 66th and 69th Avenues North,may possibly be installed by approximately 1981. He stated that within the past week there was a traffic related death along T.H. 169 and 72nd Avenue North, and that many of the citizens in the area are quite concerned about traffic problems on this portion of the roadway. The Acting City Manager stated that the proposed resolution also requests that temporary pedestrian -1- 9 -12 -77 crowing signals be installed at the three locations' along T.H. 16 until permanent signals can be installed. He commented that he had met today with State Senator Bill Luther, Mike Robinson of MN /DOT, Councilman Britts, Chief O'Hehir, and Deputy Chief Lindsay regarding r. traffic problems and the need for traffic signals along T.H. 169. He further stated that MN /DOT, based upon the Uniform Traffic Manual which sets criteria for determining the need for traffic signals in addition to other traffic related criteria, claims that a traffic signal is not warranted at 73rd Avenue North but that the criteria does warrant signals at 66th and 69th. He stated that MN /DOT will eventually install traffic lights at 66th and 69th, and will also study further the possibility of a traffic light at 73rd Avenue North. He explained that the signals at these two locations are to be installed in conjunction with the roadway upgrading of T.H. 169 proposed for approximately 1981 and that in the meantime they intend to 'install temporary pedestrian crossing flashing lights at all three locations. He further explained that a traffic signal at 69th will require extensive roadway upgrading in order to make that portion of the roadway conducive to the installation of a permanent traffic signal. A brief discussion ensued relative to the Acting City Manager's report with Councilman Fignar inquiring when the temporary pedestrian crossing flashing lights could be erected. The Acting City Manager responded that the temporary flashing lights would, in all likeli- hood, be erected in approximately three to four months, but that permanent traffic signals would not be installed until approximately 1981 with the possible exception of a permanent traffic signal being installed at an earlier date at the intersection of 66th and T.H. 169 because less roadway upgrading would be required prior to the installation of a signal at that location. Councilman Britts reported that three other items of importance were also discussed at this afternoon's meeting: First, that flashing amber temporary pedestrian crossing lights might give people in the area the false notion that traffic would be stopping at these intersections while, in fact, it would not and would only be a warning device; Second, the need for signery by these temporary pedestrian crossing signals indicating that traffic must stop for pedestrians in the crosswalk; And Third, that there must be traffic law enforcement in conjunction with these temporary pedestrian crossing signals. He stated that it might be worthwhile to inform residents in the area that the temporary pedestrian crossing flashing lights will net necessarily stop traffic utilizing T H. 169. This could help reduce the false notion that these lights would be stopping traffic He added that it might also be worth - while if the State considered lowering the speed limit on T.H. 169. The Acting City Manager pointed out that there. is not enough manpower in the police department to patrol this area of T.H. 169 constantly. He added that efforts would be made to patrol this area as much as possible. 9 -12 -77 -2- Mayor Cohen stated that the young girl that was recently killed on T.H. 169 was returning from Anoka High School and had taken an MTC bus because she had missed the late activity bus provided by the school district. He inquired if Anoka school district had been contacted about the possibility of providing more activity buses so that students would nct be forced to take MTC buses if they are participat- ing in after school activities. The Acting City Manager responded by stating that this area was also discussed and pointed out that a similar incident happened approximately one year ago when another youth was injured after getting off of an MTC bus in Brooklyn Park, He stated that in both cases the youths were members of the band at Anoka High School and had missed the activity bus by approximately 15 minutes. At the request of the Mayor, the clerk read the proposed resolution requesting the Minnesota Department of Trans- portation to install traffic signals on T.H. 169 at 66th Avenue North, 69th Avenue North, and 73rd Avenue North, and indicating the willingness of the City of Brooklyn Center to participate in the cost of signals. Mayor Cohen recognized Mr. and Mrs. Frank Barry, 7119 Dallas Road, who presented the City Council with a petition whereby undersigned adult citizens and voters of the City of Brooklyn Center petition the City Council to act on their behalf and to cooperate with any other governmental body (federal, state, and /or local) to bring about the installation of three semaphores at pedestrian crosswalks on T.H.. 169 at 66th Avenue North, 69th. Avenue North, and 73rd Avenue North. The petition was submitted on behalf of all the residents of Brooklyn Center and was dedicated in the memory of Miss Lisa Scherer, who was killed crossing T.H. 169 on September 6, 1977. Mr. Barry stated that their count of petition signers indicates that approximately 1,190 citizens had signed the petition. He added that it was encouraging to see the City Council already start to take action regarding this matter. Action Acknowledging Motion by Councilman Lhotka, seconded by Councilman Fignar Receipt of Petition and to acknowledge receipt of the petition and to direct the Acting Directing the Prepara City Manager to prepare a resolution commending the petition tion of a Resolution carriers and petition signers for their efforts . Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unani- mously . RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -163 and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNALS ON T.H. 169 AT 66TH AVENUE NORTH, 69TH AVENUE NORTH, AND 73RD AVENUE NORTH, AND INDICATING THE WILLINGNESS OF THE CITY OF BROOKLYN CENTER TO PARTICIPATE IN THE COST OF SIGNALS The motion for the adoption of the foregoing resolution was u duly seconded by member Gene Lhotka, a nd upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. _3_ 9- 12-77 Mayor Cohen stated that he agreed with the comments made previously by Councilman Britts regarding temporary pedestrian crossing signals giving persons in the area a false sense of security. He stated that this area, as well as many other areas in the City, are traffic problem areas. He added that the City Council must be concerned about the overall safety of all roads in Brooklyn Center and must also consider the importance and the problems of mass transportation efforts such as possibly requesting that there be mass transit lanes on various roadways. He pointed out that Mr. Arnie Foslien, 7120 Riverdale Road, and other citizens have talked in the past about the possibility of a ,traffic safety committee to review various traffic problem areas in the City. He inquired of the City Council if there would be any interest in further pursuing the idea of establishing such a committee. Councilman Britts spoke in favor of pursuing the matter of establishing a traffic safety committee, stating that in many cases the City staff just does not have enough time to adequately study all of the traffic problem areas in the City. He explained that it might be possible that a com- mittee of this nature could study and make recommendations. regarding various problem areas to the City Council. Council - man Lhotka stated that he too favors giving further considera- tion to establishing a citizens' traffic safety advisory committee provided such a committee is properly structured and given adequate direction as to its purpose. He stated that such a committee could be an asset to the community by making recommendations to alleviate some of the traffic problems, and that the committee would also give citizens another avenue of input. Councilman Fignar agreed with the other Councilmen and inquired if such a committee would be an ongoing or a short term study group. Mayor Cohen responded that in all probability the committee would be more of an ongoing committee which could help sort out priorities and make possible recommendations. He added that possibly Mr. Foslien could help in providing direction for such a committee. He noted that it would be difficult to pursue the matter immediately, and recommended that further information be presented to , the City Council once the Council has completed its 1978 budget review. Following further discussion there was a motion by Council- Action Directing Further man Kuefler, seconded by Councilman Britts to direct the Research on Citizens Acting City Manager to research and further explore the . Traffic Safety Advisory possibility of establishing a citizens traffic safety advisory Committee committee. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka.. Voting against: none. The motion passed unanimously. Mayor Cohen recognized Mrs. Barry who read a portion of a note that she had received from Mr. and Mrs. Roger Scherer which expressed the Scherer's concern and hope that this matter could be handled expeditiously through City administrative channels. The Acting City Manager stated that pursuant to provisions 1978 Budget Hearing of Section_ 7.06 of the City Charter he was formally pre- senting the proposed 1978 budget to the City Council. He stated that the Charter requires that the City Manager prepare an annual budget and that the proposed budget be the principal item of business at the first regular monthly meeting of the City Council in September and that the Charter further provides that the City Council shall hold adjourned meCtings in the form of public hearings from 9 -12 -77 -4- time to time until all of the budget has been considered. He recommended that the City Council convene the 1978 budget hearing and then table the matter until later in the evening. Motion b Councilman Britts and seconded b Councilman Y Y Lhotka to convene the 1978 budget hearing and to table the matter until later in the evening. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Alley Paving Improve- The Acting City Manager introduced the next item of business ment Project No. on the agenda, that of consideration and a public hearing for 1977 -13 Alley Paving Improvement Project No. 1977 -13. He stated that the Alley Paving Improvement Project was for the alley between James and Knox Avenues North from 53rd to 54th Avenues North. He reviewed a transparency showing the location of the proposed project and summarized the results of a petition carried in that area for the improvement project. He explained that 42% of the affected property owners were in favor of the project while 58% were against. He also reviewed various slides of the area depicting both paved and unpaved alleys and a brief discussion ensued relative to the project, Councilman Fignar inquired as to the City cost for maintaining the unpaved alleys in that area. The Acting City Manager responded that the costs for maintaining unpaved alleys is . approximately $400 - $500 a year, and that property owners abutting these alleys are not assessed for this maintenance cost. Councilman Britts inquired if the properties affected by this improvement project are separately owned or if one • person owns more than one piece of property in this area. The Acting City Manager responded that he was aware that one person owns the properties at 5316, 5322, and 5328 Knox Avenue North and added that this property owner was against the improvement project. The Acting City Manager then reviewed a data sheet containing information relative to the proposed improvement project. He reported that the estimated cost of the improvement project was $10,500; that the estimated assessment rate was $7 per foot for a 14 foot right -of -way and $9.75 per foot for a 30 foot right -of -way; that the assessment period was for 10 years; that the probable bid date was April, 1978; and the probable completion date was June 30, 1978. He pointed out that it has been the City's policy to pave driveways abutting a paved alley at the request of the property owner and that such costs would be $1 .40 per lineal foot for 14 foot right -of- ways and $6.75 per lineal foot for 30 foot right-of-ways. Public Hearing Mayor Cohen stated that a public hearing was required for this improvement project and that affected property owners were notified of the date and time of the public hearing and that notice of the public hearing was published in the Brooklyn Center Post on September 1 and September 8, 1977. He then opened the meeting for purposes of a public hearing. Mayor Cohen recognized Mr. Ed Nelson, 5339 James Avenue North, who stated that when the petition was circulated a number of his neighbors stated that they would favor concrete alleyways rather than blacktopped alleyways. He added that many of his neighbors were concerned about the durability of blacktop as opposed to the durability of concrete. -5- 9 -12 -77 The Acting City Manager responded that it is the City Council's alley paving policy that alleys be paved in blacktop rather than concrete, and that this policy was based on the fact that blacktop is much less expensive to install than concrete. He pointed out that if there is maintenance to be done due to possible blacktop breakup, it would be handled by the City without an assessment to the property owners. A brief discussion ensued relative to the City Council's alley paving policy, the durability and cost associated with blacktop as opposed to concrete and the City's experience in maintaining unpaved alleys. Councilman Kuefler inquired of Mr. Nelson if he felt the neighborhood, by and large, favored a paved alleyway but preferred concrete over blacktop. Mr. Nelson responded that perhaps this was the case but that he was'not certain of this fact. Mayor Cohen recognized Mrs. Nelson who stated that a number of her neighbors at the time the petition was circu- lated questioned the number of years for the assessment. The Acting City Manager ,stated that it is a 10 year assess- ment period but that the assessment could be paid off prior ° to that time limit. Councilman Fignar inquired if the property owners affected by an improvement project receive a copy of the data sheet that the Council receives relative to the project. The Acting City Manager responded that the data sheet is generally not provided but that an estimated range of the cost is provided to the affected property owners. In response to another inquiry by Councilman Fignar, the Acting City Manager stated that it was possible to, in most cases, provide the data sheet with the notices for a public hearing that are sent to affected property owners. Mayor Cohen recognized Martha Lahti, 4735 Emerson Avenue North, the owner of the property at 5316, 5322, and 5328 Knox Avenue North. She inquired as to why the City Council was holding a public hearing on the improvement project when the majority of the affected property owners were against the improvement project. The Acting City Manager responded that State law requires that the City Council hold a public hearing when 35% of the affected property owners sign a petition in favor of the project. He pointed out that if less than 50% of the affected property owners are in favor of the project, approval of the project would require a four- fifths vote of the City Council. Mayor Cohen inquired of Mrs. Lahti regarding the occupancy and status of the property that she owns. She responded that she rents the homes on two of the parcels and that the third parcel is vacant. Mrs. Lahti stated that she did not see the need for the alley paving improvement project and commented relative to problems the City of Minneapolis has experienced with paved alleys. Councilman Fignar pointed out that presently the City is paying between $400 and $500 a year to maintain each of the unpaved alleys in the City, and that this cost is not assessed to the affected property owners but is rather, in essence, paid for by all the citizens of Brooklyn Center. He stated that the desire to pave unpaved alleys is both a matter of equity and reduc- ing maintenance costs. 9-12-77 -6- Councilman Britts noted that the probable bid date for the improvement project was April, 1978 and the probable comple- tion date was not until June 30, 1978, inquired as to why the public hearing for this improvement project was being held at such an early date. The Acting City Manager responded that another petition for an alley paving project was being circulated and it was thought that the two projects could be done at the same time. He added that it is not uncommon to hold the public hearings a number of months prior to the construction of a project so that other projects can be combined under the same contract. Councilman Britts pointed out that Mr. Nelson had expressed the feeling that a number of property owners had signed against the petition for the improvement project because they favored a concrete alleyway rather than a bituminous alleyway. He stated that it might be beneficial to provide these property owners with information regarding the City Council's alley paving policy to use bituminous rather than concrete and the rationale such as the durability and cost factors of the two materials prior to going ahead with further consideration of the project. He further stated that perhaps this information might make more property owners affected by the project in favor of it. Councilman Fignar stated that he felt the Council should move ahead and order construction of the alley paving improvement project and also inform the property owners of the Council's rationale for favoring blacktop over. concrete. Mayor Cohen stated that the maintenance costs associated with the upkeep of unpaved alleys is becoming excessive. He added that to not move ahead with this project is in essence to the detriment of other citizens in the community in that all taxpayers in the City share in the maintenance costs of unpaved alleys. He further stated that the Council may well want to consider a policy of either paving all unpaved alleys or assessing pro - perty owners abutting unpaved alleys for the maintenance costs. Councilman Kuefler also spoke in favor of moving ahead with the project and informing the affected residents by sending them the data sheet information and also information on the Council's alley paving policy and the rationale for utilizing blacktop rather than concrete for paving alleys. Motion to Order Motion by Councilman Kuefler and seconded by Councilman Construction of Fignar to adopt a resolution ordering construction of Alley Improvement Paving Improvement Project No. 1977 -13. Following the Project No. 1977 -13 motion and the second thereof a brief discussion ensued with Councilman Britts statin g that as long as construction of the project will not be until next summer and the City will still be spending money for maintenance of unpaved alleys, perhaps it would be best for the Council to hold off considera- tion of the resolution for approximately one month in order to inform residents of that area as to the -Council's rationale for favoring blacktop alleys over concrete alleys. Council - man Fignar stated he concurs in part with Councilman Britts' suggestion but added that the Council has deliberated the alley paving policy extensively and that he is not in favor of changing that policy or of giving persons the false hope that the policy will be changed. Councilman Britts stated that it was not his intention to imply that the policy should be changed but only to inform residents in more detail of that policy and the fact that blacktop is as durable and is less expensive than concrete. Councilman Lhotka agreed with Councilman Britts stating that with the information some of the property owners in the area may well change their mind and be in favor of the alley paving project. -7- 9-12-77 Followirig further discussion Councilman Kuefler withdrew Motion Withdrawn his motion and Councilman Fignar his second thereof. Motion by Councilman Kuefler and seconded by Councilman Action Continuing Public Fignar to continue the public hearing for Alley Paving Hearing for Alley Paving Improvement Project No. 1977 -13 until October 24, 1977 Improvement Project and to inform the property owners affected by this project No. 1977 -13 of the Council's alley paving policy and its rationale for favoring blacktop alley over concrete alleys. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. ,Mayor Cohen requested the Acting City Manager to prepare information relating to other unpaved alleys in the City such as maintenance costs and location, and to make a recommendation regarding how the Council should proceed with further consideration of unpaved alleys in the City. The Brooklyn Center City Council recessed at 8 :53 p.m. Recess and resumed at 9 :16 p.m. The Acting City Manager introduced the next item of Planning Commission business, that of consideration of Planning Commission Application Nos. 76041 -A Application Nos. 76041 -A and 77040 submitted by Meadow and 77040 (Meadow Corporation. Corporation) The Director of Planning and Inspection proceeded with a review of the two applications and the Planning Commission action at its August 25, 1977 meeting. He stated that Application No. 76041 -A was an amendment of the special use permit for the eight phase planned residential develop - ment located in the northwest corner of the City at 69th Avenue and Unity Avenue North. He explained that the request was for approval of Phase II of the project, and that the original approval had stipulated that all subsequent phases would be subject to site and building plan approval. He further stated that approval of Phase I comprehended 20 units at the south end of the project near 69th Avenue North. He further explained that one building has been erected, which is being used as a model and sales office. He reported that Phase II comprehends 24 two unit buildings as an extension of Phase I to the north and to the east. He added that the developer is specifically requesting approval of the Phase II units as an extension of the initial phase, primarily for marketing purposes. The Director of Planning and Inspection briefly reviewed Application No. 77040 which comprehends preliminary plat approval for Phase II of the project. He stated that the preliminary plat had been approved for the overall project, and that all phases, other than the first phase, had been compre- hended as outlots . He stated that the subject application was a replatting of designated outlots. He next reviewed a transparency showing the location and configuration of the property in question, and a brief discussion ensued relative to the drainage of the property with the Acting City Manager explaining how the property is drained. The Director of Planning and Inspection commented relative to Planning Commission and City staff concerns that the developer has undertaken extensive site preparation work throughout the entire project that far exceeded the subgrade preparation of the proposed roadway through the project 9 -12 -77 -8- which had been authorized. He stated that the site prepara- tion work included the mining out of poor subsoil and the bringing in of better soil, and has resulted in the removal of ground cover throughout the area which, could result in severe dust problems, as well as the use of the graded property by unauthorized persons in motor vehicles. He added that the Planning Commission had recommended that the applicant submit a detailed schedule for restoring disturbed areas prior to City Council review of the applica - tion. He pointed out that the applicant had submitted a letter dated September 12, 1977 laying out a basic schedule for restoring the area. At the request of the Mayor, the Clerk read a letter from the applicant, Mr. Duane H. Dietrich, listing the following basic schedule: 1 . The applicant expects to have filled all excavated areas by October 21 , 1977, weather permitting. 2. On or around October 13, 1977 U. D. Contracting should start hauling excess black dirt off the site for storage elsewhere. Simultaneously, areas other than roadways will be covered over with peat and black dirt from the site. 3. Planting of rye grass or other suitable cover will be accomplished as soon as restoration of the black dirt is accomplished - -on an' area by area basis. 4. A berm of earth will be put in place on the north end of the area to eliminate auto traffic from cutting through the area. The Director of Planning and Inspection and the Acting City Manager next proceeded to review the site and building plans, drainage and grading plans, and also the preliminary plat and farther discussion ensued. The Acting City Manager pointed out that the drainage plans proposed by the applicant coincide with the Barr Shingle Creek Watershed Study which projects the 100 year flood level for a fully developed area. He added that the Army Corps of Engineers is expected to revise some of these estimates and that this information should be forthcoming. Mayor Cohen then recognized the applicant, Mr. Duane Dietrich, who emphasized that his request is only for an extension of an already approved concept. He added that due to upcoming weather conditions and marketing factors it is beneficial for him to proceed with the project at this time. He explained that by delaying construction until next spring would have an effect on the price and marketability of the proposed units. He added that with approval of the applica - tions he could proceed to build and finish off units through this winter. Councilman Fignar, referring to the Planning Commission minutes stated that there was some discussion and concern over mosquito control at the project. He inquired as to the applicant's plans for controlling mosquitoes and whether or not there was a mosquito problem before the ground was disturbed. Mr. Dietrich responded that he did not feel that his proposed project would cause more mosquitoes in the area than are already there, and, in fact, that he felt the project would be an improvement in terms of the mosquito problem. _.g- 9 -12 -77 He stated that he did not feel that the ponds being pro-- posed for the development would be conducive to mosquito breeding because of his plans to chemically treat and aerate the water as a preventative measure for mosquito control. The Director of Planning and Inspection noted that a required chain link fence around the project has been installed by the applicant. Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing and recognized Mr. .Lundgren, 6937 'Toledo Avenue North, who inquired as to whether or not the water proposed for the project would be flowing or if it would be stagnant water. The Director of Planning and Inspection responded that due to the natural drainage, water would flow and would not be stagnant. The Acting City Manager pointed out that the developer has plans for various dikes to maintain the water level aad as water comes in to the ponds it will overflow the dikes and flow into Shingle Creek. He pointed out that the water would not be constantly flowing at all times Mayor Cohen then recognized Mr. Meyer, 6843 Toledo Avenue North, who noted that when the utilities for the first phase of the project were put in along 69th Avenue only that portion on the north side of 69th Avenue was cleaned up. He stated that there were rocks and other various debris from the project on the south side of 69th .that were not cleaned up. The Acting City Manager stated that he was not aware of this problem but that he felt it could be addressed and the debris cleaned up. The Acting City Manager stated that there were a number of concerns about blowing dirt particularly from persons living on the east side of the project. He referred to the schedule of restoration proposed by the applicant and commented that the applicant proposes that on or around October 13 hauling of excess black dirt off of the site will begin, and that simultaneously areas will be covered over with peat and black dirt in addition to seeding and providing ground cover. He recommended that this seeding operation be sped up so that seeding does not occur in late October or November when nothing will grow, thus, allowing the problem to continue. He also recom - mended that the developer provide some type of assurance that seeding will begin sooner. A discussion ensued relative to speeding up the seeding operation with it being the Council's opinion that it should be done as soon as possible. in response to an inquiry by Mayor Cohen, the Acting City Manager stated that a resolution establishing the utility projects for this development will be before the City Council at the September 19 meeting. Mayor Cohen suggested that the Council consider acting on the two applications in question, and that the Acting City Manager attempt to get assurances from the developer about an accelerated seeding and ground cover effort prior to the time the utility projects are considered by the City Council. The City Attorney commented that it had been recom- mended that appropriate provisions for mosquito control in the open areas and open water areas of the Project be I incorporated into the homeowner association documents. 9 -12 -77 -10- He stated that he has reviewed these documents and that they are in the normal form but that there is nothing specific about mosquito control. He added that it would be difficult to include such provisions in the document and that the City is not really in a position to force mosquito control without first determining the amount of mosquitoes that would have to be done away with. He pointed out that it was his opinion that the homeowners association, once it is estab- lished, will adequately be able to handle the mosquito control problems through various treatments to the ponds in question. Action Approving Following further discussion there was a motion by Council- Planning Commission man Fignar and seconded by Councilman Britts to approve Application No. 76041 -A Planning Commission Application No. 76041 -A submitted by (Meadow Corporation) Meadow Corporation subject to the following conditions. 1 . The approval is subject to the conditions set forth in the original special use permit, approved under - Application No. 76041. 2. The applicant shall submit an accelerated schedule for restoring and seeding the disturbed areas of the site, not subject to active construction, prior to the City Council's review of the utility projects for this sites and said restoration work shall be comprehended in the appropriate site work or subdivision improvement performance agreement. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Action Approving Following a brief discussion there was a motion by Council- Planning Commission man Kuefler and seconded by Councilman Fignar to approve Application No. 77040 Planning Commission Application No. 77040 submitted by (Meadow Corporation) Meadow Corporation subject to the following conditions: 1. Final plat is subject to approval by the City Engineer. 2 Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. Appropriate easements, as approved by the City Engineer, shall be provided relative to drainage and storm sewer improvements. 4. The private roadway extending from Unity Avenue North shall be indicated as a lot or outlot as approved by the City Engineer. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The Acting City Manager introduced the next item of business, Application No. 77043 that of Planning Commission Application No. 77043 submitted ( Georgiana Proctor) by Georgiana Proctor. Councilman Lhotka left the table at 10:16 p.m. -11- 9 -12 -77 The Director of Planning and Inspection proceeded with a review of°Planning Commission Application No, 77043 and the Planning Commission action at its August 25, 1977 meeting. Ile stated that the applicant is seeking a special use permit for a home occupation involving a beauty shop. He further stated that the applicant is in the process of purchasing a home at 3501 - 63rd Avenue North which contains a beauty shop approved under Application No. 69028. He pointed out that the proposal represents a continuation of the two station operation. Councilman Lhotka returned to the table at 1 p.m. The Director of Planning and Inspection reviewed a transparency showing the location of the property which formerly housed Betty's Beauty Shop.* A brief discussion ensued relative to the hours of operation and the ability to provide off - street parking. Mayor Cohen recognized the applicant, Georgiana Proctor, who stated that she had nothing further to add to the appli- cation. Mayor Cohen opened the meeting to notified property Public Hearing owners for purposes of a public hearing. No one spoke relating to the application. Following a brief discussion there was a motion by Council- Action Approving Planning man Fignar, seconded by Councilman Lhotka to approve Commission Application Planning Commission Application No. 77043 submitted by No. 77043 (Georgiana Georgiana Proctor subject to the following conditions: Proctor) 1. The permit is issued to the applicant as operator and is not transferable. 2 The permit is subject to all applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 3. A copy of the current State Operator's License shall be kept on file with the City. ° 4. The maximum hours of operation shall be 8:00 a.m. to 8 :00 p.m. , Monday through Saturday. 5. All parking related to the special use shall be off- street on appropriate space provided by the applicant. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and ;Lhotka . Voting against: none. The motion passed. Councilman Britts abstained. The Acting City Manager reported that the applicant's Planning Commission attorney had requested that consideration of this appli- Application No. 77022 cation be deferred until another City Council meeting (L, W. Joel Company) due to the observance of a Jewish holiday which prevented the applicant and his attorney from appearing. Motion by Councilman Lhotka and seconded by Council- Action Tabling Planning man Britts to table Planning Commission Application, No. Commission Application 77022 until the September 19, 1977 City Council meeting No, 77022 (L, W. Joel at the request of the applicant. Voting in favor: Mayor Company) Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka, 9 -12 -77 =12- Voting against: none. The motion passed unanimously. Final Plat Approval Motion by Councilman Britts and seconded by Councilman (Riverwood Townhomes) Lhotka to approve the final plat for Riverwood Townhomes which consists of a replatting of the Riverbrooke Townhouse Addition at 66th Avenue and Camden Drive. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unani- mously. Action- Authorizing the Motion by Councilman Lhotka and seconded by Councilman Execution of an Agree- Fignar to authorize the Mayor and Acting City Manager to ment enter into a standard utility maintenance agreement for the Riverwood Townhomes. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka Voting against: none. The motion passed unanimously. Final Plat Approval Motion by Councilman Britts and seconded by Councilman (The Ponds) Kuefler to approve the final plat for The Ponds located at 69th Avenue North and Unity Avenue North, formerly called the Fox Run Addition. Voting in favor : - Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following resolution NO.. 77 -164 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -165 and moved its adoption: RESOLUTION DESIGNATING HEARING BODY RELATIVE TO INITIATION OF RECONCILIATION PROCEDURES ESTABLISHED BY THE 1976 METROPOLITAN LAND PLANNING ACT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 77 -166 moved its adoption: RESOLUTION AMENDING PUBLIC HEARING DATE FOR SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL PROJECT NO. 1977 -11 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared_ duly passed and adopted. -13- 9 -12 -77 The Acting City Manager introduced the next item of City Council for business on the agenda, that of a resolution recommended Evaluating Rezoning for the purpose of establishing City Council policy for Applications evaluating - ezoning applications. He stated that the Planning Commission, at the direction of the City Council, has considered the need for a uniform policy and for guide - lines to assist the City in the evaluation of applications for rezoning property. He explained that during the past six months the Planning Commission has reviewed several drafts of policy and statements of evaluation criteria which have been developed from several legal and planning resources. He pointed out that the purpose of the policy and the guidelines is to assist the prospective rezoning petitioner, the City staff, the Planning Commission and the City Council in determining the feasibility and sound - ness of an amendment to the zoning ordinance, which would change the land use classification of the property in the City. He next reviewed the policy, the. procedure for considering each rezoning proposal and the nine guide - lines to be used for evaluation purposes outlined in the` proposed resolution. Councilman Fignar requested further explanation of guide- line No. 9 in the proposed resolution which states, "Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel ?" The Director of Planning and Inspection responded that this guideline could be used to evaluate whether or not a proposed rezoning benefits only the property owner of an individual parcel or is in the best interests of the area oe the com- munity. He pointed out that there is quite a bit of rezoning case law where rezonings have been overturned because it could not be shown that the results of a particular rezoning action benefit other than just the property owner in question. He added that this guideline could be used in reviewing the requested rezoning to determine if the rezoning only benefits a particular property owner of if it is for the benefit of the entire community. Councilman Kuefler commented that the guidelines are sort of a checklist of criteria that should be used to evaluate various rezoning proposals. Councilman Britts stated that he had some difficulties with the policy in that it seems to him that all rezonings discriminate in favor of a particular landowner. He commented that this would be the basic reason why many rezoning requests come before the Council. He added that based on these guidelines it might seem that the Council should deny a rezoning request if the request benefits a particular property owner. The City Attorney responded by referring to the policy statement in the proposed resolution stating that the guidelines are used to determine if the proposed rezoning meets the policy. He pointed out that based on these guidelines a rezoning would be proper even though it does discriminate in favor of a particular landowner provided it is not contrary to the Comprehensive Plan or to accepted planning principles and is in the good of the public. The City Attorney also pointed out that the Council would not be limited to just these guidelines and that there may well be other legitimate reasons to rezone that are not contained in these guidelines. He stated that these guidelines should only be used to further help in the decision of whether or not a rezoning 9 -12 -77 -14- proposal should be looked at favorably. Councilman Britts stated that it seems like these guidelines somewhat box in the City Council in terms of what they can or cannot do relating to a rezoning request. The City Attorney responded that in essence the City Council has always been "boxed in" in terms of the law and the Comprehensive Plan. He pointed out that the Comprehensive Plan is not an inflexible document and is somewhat similar to the Constitution of the United States in that it can be changed but only after thorough study and review. Further discussion ensued relative to the proposed resolution with the City Attorney responding to an inquiry by stating that "spot zoning" is really a label courts have used to identify an improper or bad rezoning. In response to an inquiry by Mayor Cohen, the Director of Planning and Inspec- tion stated that the resolution is to be used only as a "guide- line" and not as a "standard" such as that used for deter- mining variance requests. Mayor Cohen questioned whether or not the use of the proposed resolution would strengthen any decision made to rezone. The City Attorney responded that there would be no question that the use of these guide- lines, would strengthen the City Council's decision regarding a rezoning request in that the Council would have disclosed the basis on which their d is made. Further discussion ensued relative to the recommended resolu- tion. Mayor Cohen recommended that a joint City Council / Planning Commission meeting be held at some date in the future to review and discuss special use permits, rezonings, and variances RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 77 -167 moved its adoption: RESOLUTION ADOPTING RtZONING EVALUATION POLICY AND REVIEW CRITERIA The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted Special Assessment The Acting City Manager introduced the next item of. business Review on the agenda, that of a review of special assessments on which a hearing will be held by the City Council on Septem- ber 19, 1977. Councilman Fignar left the table at 10:56 p.m. and returned at 11:00 p.m. The Acting City Manager proceeded to review the various special assessment projects scheduled for the public hearing commenting on the improvement project the location of the project, the assessment method, the unit assessment,, the hearing estimate and the number of years a property owner has to pay off the assessment. -Is- 9 -12 -77 Member Gene Lhotka introduced the following ordinance ORDINANCE and moved its adoption: NO. 77 -12 AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 10 -1202 of the City Ordinances is hereby amended as follows: Section 19 -1202 [ NOISY PARTIES .) NOISE ABATEMENT No person shall congregate because of, participate in, or be in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shill visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from which such noise emanates, other than the owners or u tenants of the dwelling unit, to immediately disperse in lieu of being charged under this ordinance. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in viola - tion of this ordinance. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 12th day of September,- 1977. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Maurice Britts introduced the following ordinance ORDINANCE and moved its adoption: NO. 77 -13 AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATIVE TO THE DETECTION AND CONTROL OF DUTCH ELM DISEASE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 19 -1503 and Section 19 -1504 of the City Ordinances are hereby amended to read as follows: Section 19 -1503 INSPECTIONS AUTHORIZED. In order to carry out the purposes of this ordinance and to implement the enforcement thereof, the City Manager or his duly authorized representative is hereby authorized and empowered to enter upon any parcel of land in the City of Brooklyn Center at all reasonable hours for the purposes of inspecting any elm trees or dead elm wood situated thereon and removing specimens therefrom for laboratory or field analysis. It shall be unlawful for any person to prevent or interfere with the City Manager or his duly authorized representative in the performance of any duties provided for in this ordinance. 9 -12 -77 -16- Section 19 -1504 NOTICE TO ABATE NUISANCE. If it is determined that a public nuisance exists on a parcel of land or abutting street right -of -way, the City Manager shall cause to be served upon the owner of the parcel of land a written notice requiring such owner to abate the nuisance. Written notice shall be served by [registered] mail, addressed to the owner of the parcel at his last known address. If the owner upon whom such notice is served fails, neglects, or refuses to abate the nuisance within [ten] twenty days after mailing such notice, the City Manager of his duly authorized representatives may proceed to abate the nuisance and charge the cost thereof against the owners to be paid by such owner to the City of Brooklyn Center. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publica- tion. Adopted this 12th day of September, 1977. The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts , Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance and NO. 77 -14 moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO MINIMUM BUILDING SEPARATIONS IN THE R -1 AND R -2 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 35 -530 (1) is hereby amended to read as follows: 1 . No accessory building, unless an integral part of the principal building, shall be erected, altered, or moved, within eight feet of the principal build- ing, as measured from exterior wall to exterior wall. No accessory building, shall be erected altered or moved within six feet of another acces- sory building,, as measured from exterior wall to exterior wall Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publica- tion. Adopted this 12th day of September, 1977. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof:. Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. -17- 9 -12 -77 Motion by Councilman Lhotka and seconded by Councilman Licenses Fignar to approve the following licenses: CIG LICENS Kenko Vending 3916 Sunset Road Humboldt Service 6840 Humboldt Ave. N. FOOD ESTABLISHMENT LICENSE Fun Services, Inc, 3701 50th Ave. N. MECHANICAL SYSTEMS "LICENSE Loop - Belden Porter Co. 315 Royalton Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Allen Hair Styling 5708 Morgan Ave. N. Consumer Vending 8800 41 st Ave. N. Federal Lumber 4810 No. Lilac Drive First Brookdale State Bank 5620 Brooklyn Blvd. Johnny's Inc. 6846 Brooklyn Blvd. Pilgrim Cleaners 5748 Morgan Ave. N. Kenko Vending 3916 Sunset Road Humboldt Service 6840 Humboldt Ave. N. PERISHABLE VENDING MACHINE LICENSE Consumer Vending 8800 41st Ave. N. Federal Lumber 4810 No, Lilac Drive Kenko Vending 3916 Sunset Road Humboldt Service 6840 Humboldt Ave. N. SIGN HANGER'S LICENSE Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously, The Acting City Manager introduced the next item of busi- Ordinance Publishing ness , that of a report relating to procedures for publishing Procedures ordinance amendments. He stated that the report is in response to questions raised at the August 8, 1977 City Council meeting relating to the procedures to be followed when publishing ordinance amendments. He explained that the City Attorney is prepared to report regarding the proper procedures for adopting and publishing ordinance amendments according to the City Charter. He stated that the Council had also requested, at that same meeting, that the Acting City Manager review the junk car ordinance to determine whether or not amendments to that ordinance were published. He reported that this research has been completed and that all changes to the junk car ordinance were published. He pointed out that in one case an amendment to the junk car ordinance amounted to changing the word "and to the word "or", and that this ordinance amendment was published in the City's legal newspaper. The City Attorney then reported on the necessity of publishing each ordinance amendment. He stated that it has been his opinion that each ordinance amendment should be published in order to meet the constitutional test of notice to the citizens. He explained that a recent State law permits the penalties for misdemeanors to be raised from $300 to $500, and for the City to acknowledge this change would generally require ordinance amendments to all of the penalty sections listed in the City ordinances that relate to misdemeanors. 9 -12 -77 -18- He pointed out that such an undertaking would be quite costly to the City in that there are numerous sections of the City ordinance that would have to be published. He stated that he had contacted Mr, Stan Peskar, General Counsel for the Minnesota League of Cities, and discussed this matter and the relative expense of publishing each of the penalty sections separately. He stated that it is the League's position that a single blanket ordinance can be adopted to raise the penalty for a misdemeanor from $300 to $500 and that publication of this ordinance together with a news article drawing attention to it would probably meet the -legal requirements. He added that it is also the League's position that if every city in the State follows this advice, it is less likely that the court would overturn such a provision, knowing that all cities in the State have followed the same format. He reported that Mr. Peskar has drafted a model ordinance for making this change and that a-copy of the model ordinance will be given to the Acting City Manager for a proposed ordinance amend- ment. The City Attorney stated that based on this information it was his opinion that it makes sense to forego the cost of publish- ing each penalty section and to use the blanket ordinance change in the form adopted by the League of Minnesota Cities. He also commented that he would only recommend this type of procedure because of the circumstances and that under normal conditions all ordinance amendments should be published by publishing the entire section of the ordinance making note of the appropriate changes to that section of the ordinance. Recess The Brooklyn Center City Council recessed at 11:10 p.m. and resumed at 11:20 p.m. Open Forum The Acting City Manager reported that Councilmen Kuefler and Subcommittee Report Lhotka are prepared this evening to discuss the results of public meetings held on. July 26 and August 17 1977 regarding an open forum format. Councilman Lhotka reviewed the results of the two open meet- ings held by the Subcommittee and stated that a recommenda- tion has been forwarded to the City Council. He stated that it was the Subcommittee's intention to first discuss the item at the August 22, 1977 meeting and to establish September 12 as a time for a public hearing. He pointed out that due to the lateness of the hour at the August 22 meeting the matter was deferred until September 12. He commented that the Council review the Subcommittee's recommendations and establish October 3, 1 977 as a date for the Council to take public input on the concept of establishing an open forum for the City Council. A brief discussion ensued relative to the Subcommittee's report with Councilman Britts expressing his opposition to the Subcommittee's recommendation that the open forum be held starting at 6:45 p.m. on the evening of a City Council meeting. He pointed out that it was difficult for him to be at the Council Chambers at such a time on the evening of a City Council meeting. Further discussion ensued relative to the Subcommittee's recommendation relating to the institution of an open forum with Mayor Cohen suggesting that members of the City Council, if they wish to comment on the Subcommittee's proposal's do so by communicating with Councilmen Kuefler and Lhotka in writing prior to the October 3, 1977 City Council meeting. -19- 9 -12 -77 Following the discussion there was a mo tion by Council- Action Establishing a man Fignar and seconded by ..Councilman Britts to establish Date for Public Input October 3, 1 977 as a date for taking public input on the possibility of instituting an open forum concept for the City Council. Voting in favor: Mayor Cohen, Council men Britts, Kuefler, Fignar, and Lhotka Voting against: none. The motion passed unanimously. Councilman Kuefler reported that he had received a Official Newspaper response from Post Publications dated August 10, 1977 Report relating to questions put to that organization regarding their policies, practices, and procedures for various aspects of their business. He stated that the response refers to various surveys made by Post Publications and inquired if it would be possible to receive these surveys prior to further Council discussion on the matter. He also recommended that the City Council review the response from Post Publications and discuss the matter again at an upcoming meeting. Following a brief discussion there was a motion by Council- Action Acknowledging man Kuefler and seconded by Councilman Lhotka to acknowl- Receipt of Post Publications edge receipt of Post Publications' response to a City Council Response letter, to make that response a public document, to ask Post Publications to publish that response, and to further discuss the Post Publications comments at an upcoming City Council meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Councilman Reconvene the 1978 Lhotka to reconvene the 1978 budget hearing. Voting in Budget Hearing favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Acting City Manager proceeded with a general review of the proposed 1978 General Fund Budget, stating that the proposal reflects a continuation of the administrative philosophies established by former City Manager Donald G. Poss in terms of continuing to accentuate the "need to's" in contrast to the "nice to's ", reducing long term maintenance and operation costs and increasing energy conservation. He stated that the proposal comprehends the addition of two people in the police department and one person in the assessing department. He further stated that the spending proposals contained in this budget recommendation fall considerably short of the reconstituted levy limitations authorized Brooklyn Center. Mayor Cohen left the table at 11:31 p.m. He stated that a major purpose of levy limitations is, among other things, to encourage the use of a priority system in deliberating local government services and the funding of them. He reported that the priority structure against which proposals for services were measured consists of the following. 1. Those services which are directly or inferentially mandated by State law, federal law or the City Charter. 2. Those services which are essential to the public health and safety. 9 -12 -77 -20- . 3. Those services which are essential in preventing the deterioration and investment erosion of the City's physical plant. 4. Those services designated to contribute to citizens' convenience and enhancement of quality of life. He commented briefly to the Federal Revenue Sharing Act and the proposed use of Revenue Sharing funds in the pro - posed 1978 budget. He stated that the proposals are consistent with the long established City Council policy of avoiding the financing of ongoing operating costs with Revenue Sharing funds. He then reviewed the City Assessor's tentative estimates for the. 1977/78 taxable valuation of Brooklyn Center property. He stated that this taxable valuation amounts to $123,042,022. He noted that there have been changes in the 1977 Omnibus Tax Bill which shift a Portion of the overall property tax burden from the residential homesteads to other classes of property. Mayor Cohen returned to the table at 11:35 p.m. He reported that this change creates a situation whereby even though the mill rate increases, the actual taxes on residential homestead property may decrease. He stated that the pro- posed 1978 property tax levy was $2,018,832 compared to the 1977 property tax levy of $1 , 881 , 960 and the resulting mill rate is 16.408 mills. He stated that even though the mill rate increases the actual tax on residential property will decrease by approximately $9 from $114.33 in 1977 to approximately $105.33 in 1978 based on a City tax on a $35,000 home. He stated that the City property tax amounts to approximately $8.78 per month which purchases most of the major services which a homeowner normally associates with "government ", yet it constitutes less than one -fifth of the total property tax paid by a homeowner. The Director of Finance then proceeded to summarize estimated revenues and appropriations and expenditures. He stated that the City is required by law to have a balanced budget which means that revenues must equal expenditures. He explained that the 1978 proposed budget is for $4, 081 , 750. He then reviewed revenue to be derived from general property taxes, licenses and permits, intergovernmental revenue, charges for services, fines and forfeits and miscellaneous revenue. He stated that the proposed budget includes an approximate 25% increase in revenues derived from charges for service, various recreational fees, and also licenses and permits excluding the rental dwelling license fees which were recently adopted by the City Council. He explained that the particular increases in the areas will be presented to the City Council for their consideration prior to the end of this year. Ho noted that many of these fees and charges have not been reviewed in quite some time and, for the most part, they are out of date. • The Acting City Manager commented on a letter he had received from Nino's and the Holiday Inn regarding a request for liquor license fee reduction. He explained that the City Council in November, 1976 had heard a request for reducing liquor license fees made by liquor license holders in the City. He stated that at that time further consideration of ro "acing the fees were deferred. He stated that at this time -21- 9- -12 -77 it is his recommendation that the license fees not be changed and suggested that the City Council further discuss this natter at the September 19, 1977 meeting. In response to an inquiry by Councilman Fignar, the Acting City Manager stated that information relating to liquor licensing requested previously by the Council would be available prior to the September 19 meeting. The Director of Finance then proceeded to review the 1978 proposed appropriations and expenditures. He stated that the General Fund appropriation of $3 , 591 , 370 represents approximately 88% of the entire budget, that debt retirement amounts to $275,200 and pension , contributions approximately $215,000. He next reviewed a pie chart of appropriations explaining that public safety expenditures will amount to approximately $1 ,100,482 or 26.96% of all approprt- ations; public works appropriations of approximately $84 - 8,253 or 20.78% of total appropriations; general government appropriations of $825,420 or 20.22% of the total appropriations; recreation appropriations in the amount of $772,317 or 18.92% of the total proposed appropriations; debt redemption of $275,200 or 6.74 °l of the total proposed appropriations; and $21S,000 in other appropriations or 5.27% of the total proposed appropriations for 1978. He explained that there are some minor changes to the proposed 1978 budget that are different from the 1977 budget, one being that pension and social security costs are now applied to each of the operating departments, where this had not been done in this manner in the past. Following the Director of Finance's presentation there was a brief discussion relative to estimated revenues and appropriations and expenditures for 1978. Motion by Councilman Fignar and seconded by Council- Adjourn Budget man Kuefler to adjourn the 1978 budget, hearing until Hearing Thursday, September 15, 1977, at 7:30 p.m. Voting .in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Council Adjournment man Kuefler to adjourn the City Council meeting. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:13 a.m. Clerk 71 Mayor 9 -12 -77 -22 -.