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HomeMy WebLinkAbout1972 09-11 CCM Regular Session r Minutes of the Proceedings of the City Council Of the City of Brooklyn Center In the County of Hennepin and State of Minnesota September 11, 1 972 The City Council met in regular session and was called to order by Mayor Fro -tem Howard Heck at 7:35 P.M. Roll Call: Mayor Pro -tem Howard Heck, Councilmen Leary, Ausen and Britts. Also present were: City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Chief of Police Thomas O'Hehir, and Administrative Assistants Daniel Hartman and Blair Tremere. The invocation was offered by Reverend Matson of Berean Evangelical Free Church. Motion .by Councilman Leary and seconded by Councilman Britts to approve the minutes of the August 14, 1972 meeting as submitted. Voting in favor were: Mayor Pro -tem Heck, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Britts to approve the minutes of the August 28, 1972 meeting as submitted. Voting in favor were: Mayor Pro -tem Heck, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -159 RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE TRANSIT FUND AND TO AUTHORIZE THE CLOSING OF THE TRANSIT FUND The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next explained a draft resolution which was recommended for the purpose of executing the Capital Projects Financing Plan adopted in 1968. He stated that to date, $87,000 of the surplus accruals in Special Assessment Funds have been transferred to the Capital Projects Fund, and that it was recommend - ed that additional current surplus accruals of $57,000 be transferred to the Capital Projects Fund to meet the obligations of the financing plan. .A discussion ensued relative to the status of the City bonds and the utilization of surplus monies for debt retirement purposes. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -160 RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS SPECIAL ASSESSMENT FUN APITAL RO C S FUND The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. _1- r The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing Improvement Project No. 1972 -34. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 7, 1972, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -161 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1972 -34 The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next introduced a draft ordinance relative to the acceptance of bids and the awarding of contract for certain sidewalk improvements. A discussion ensued relative to the quality of the sidewalk projects work to date, and the responsibilities of the contractors and sub - contractors for general clean -up and replacement work following the installation of the sidewalks. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -162 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SIDEWALK CONTRACT 1972 -1)) The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -163 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- MENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted i in favor thereof: John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Regarding a draft ordinance amending Chapter 35 relative to paving of parking areas, the City Manager explained that the ordinance was first read on August 14, 1972, and published on August 24, 1972, and was offered for seconded reading and adoption. A brief discussion ensued wherein Councilman Ausen inquired whether the intent of the ordinance was to exempt Special Uses in R -1 and R -2 districts and the City Manager responded in the negative stating that Special Use improvements would be dealt with through the plan approval procedure. -2- F r- Member Vernon Ausen introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -15 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO PAVING OF OFF - STREET DRIVING AND PARKING' AREAS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 35 of the City Ordinances is hereby amended as follows: Section 35 -710. SURFACING, DRAINAGE AND CURBING. In all districts other than R1 and R2, all open off - street driving and parking areas shall be improved with a minimum of 2 inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform ta.the Minnesota Highway Department specifications for Class 5 gravel. In other than Rl and R2 districts, drainage plans shall be submitted to and approved by the City Engineer; drainage shall be discourage across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by cast inplaced concrete curb and gutter which conforms with the Minnesota Highway Department Type "B- 612 Other shapes of concrete curb and gutter may be permitted providing the design provides an equal cross sectional area and is approved in writing by the City Engineer. The concrete used for curbing shall conform to the current City specifications. Section 2: This ordinance shall become effective after adoption and thirty (30) days following its legal publication. Adopted this 11th day of September, 1972. The motion for the adoption of the foregoing ordinance was duly seconded by member john Leary., and upon vote being taken thereon, the following voted in favor thereof: john Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager next discussed a draft ordinance recommended for the purpose of vacating a portion of Earle Brown Drive in the Brooklyn Center Industrial Park. Following a brief discussion Councilman Britts moved and Councilman Ausen seconded the first reading on the following ordinance: AN ORDINANCE VACATINQ A PORUQ,N OF EARS, F BROWN DRIVE Voting in favor were: Mayor Pro -tem Heck, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. The City Manager next discussed a draft ordinance amending Chapter 35 providing for Planned Residential Development. He stated the draft ordinance had been recommended by the Planning Commission following considerable study. He stated it was the intent of the ordinance to provide for a mixture of residential living modes and certain commercial uses within a planned development, subject to certain standards. He noted the special use permit vehicle was recommended for the purpose of providing maximum flexibility and reasonable control and was analogous to the planned unit development concept which is typically expressed in a voluminous format. -3 r The City Manager then proceeded to review each section of the draft ordinance and a brief discussion ensued relative to the provision that at least 25% of the total number of dwelling units shall be R -3 type dwelling units, as well as the provision that if the development were to be constructed in multiple phases, at least 20% of the total number of dwelling units in each phase should be of the R -3 type dwelling units until the minimum requirement had been fulfilled. Mayor Cohen arrived at 8:40 P.M. An extensive discussion ensued relative to the intent of the proposed ordinance, and the City Manager noted that the provisions for certain commercial uses within such a development were basically those found in the R -6 and R -7 district ordinance provisions. He further noted that the type of residential uses which could be comprehended by such a development would be R -1 through R -5, but that primarily for economic reasons, most of the development would likely consist of R -3 through. R -5 types of structures. Following further discussion Councilman Leary moved and Councilman Ausen seconded the first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 TO PROVIDE FOR PLANNED RESIDENTIAL DEVELOPMENT IN R -3 DISTRICTS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts . Voting against: none. Motion carried unanimously. The City .Manager next stated that the Council had scheduled the annual special assessment hearings for September 25th. He noted that the Director of Public Works was prepared to briefly review those projects which would be considered at that meeting. The Director of Public Works proceeded to review the various improve- ments and the corresponding assessments. Motion by Councilman Heck and seconded by Councilman Ausen to approve the "On-Sale" Club Beer License for the Brooklyn Center Jaycees. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The meeting recessed at 9:05 P.M. and resumed at 9:30 P.M. Relative to the proposed Planned Residential Development ordinance amendment given first reading earlier in the meeting, Administrative Assistant Blair Tremere, at the Council's request, reviewed conceptual plans submitted by Fox Run, Inc. which comprehended such a development. The City Manager next explained that the City Charter provides that the annual budget shall be subject of a public hearing at the first meeting in September and shall be adjourned from time to time until the budget is adopted. He stated public notice of the hearing had been published August 31, 1972, as required. Mayor Cohen then announced that the public hearing was open relative h proposed 3 7 e r proceeded to resent a the the 9 3 budget and the City Manage general p g overview of the proposal for the City operations for calendar year 1973. He noted the proposal constituted the second annual budget affected by the levy limitation feature of the Omnibus Tax Law and noted the effect of the levy limitation feature. He explained Brooklyn Center's ability to finance its existing level of services was becoming more severe, and the inequities in the hastily concocted law be- came magnified with the passage of time. He stated the 1973 budget proposal represents a severe hold- the -line effort on priority services and a reduction in expenditures for non - essential services. He said priorities were established against which expenditure proposals for services were measured. The priorities in descending -order are: -4- r 1. Those services which are directly or inferentially mandated by state law, federal law, or City Charter; 2. Those services which are essential to the public health and safety; 3. Those services which are essential in preventing the deterioration and investment erosion of the City's physical plant; 4. Those services designed to contribute to citizen convenience and enhancement of quality of life. He stated the budget proposal reflects an infringement in the fourth priority in the form of a reduction in quality of life services, and that the major infringements consist of recommendations to reduce funding support for certain recreation programs. He explained it was proposed that ten of seventeen skating rinks in the City parks not be operated during 1973, at direct savings of $20,000 plus an indirect labor cost savings of approximately $12, 000. He stated municipal funding of certain other recreation programs was recommended to be reduced or eliminated. He noted that a new account, judgments and Losses, was recommended as a special levy outside of the levy limitations. He explained that since 1967 the City books have carried an account receivable in the amount of $13,954 consisting of a tax levy which was abated by the Minnesota Tax Court in January of 1972. He further explained the City Assessor tentatively reported that the 1972 -73 taxable assessed value of Brooklyn Center property amounts to $94,413,736. He stated changes were made by the 1971 Legislature relative to definition of assessed valuation, metropolitan -wide sharing of industrial /commercial assessed valuation under the Fiscal Disparities Act, and the resulting calculation and reporting of respective mill rates . He noted it was virtually impossible to predict the precise result of the Fiscal Disparities Act upon the City and he noted that the law provides that 40% of the growth in industrial /commercial valuation in each community is contributed to a metropolitan "pot" which is then re- distributed back to communities on the basis of population and inverse assessed valuation. He stated that the effect of the law would not be known until the fiscal disparities formula was implemented by the various county auditors. A discussion ensued relative to the possible ramifications of the Fiscal Disparities Act. The City Manager then reviewed further features of the budget including Summary of Revenues and Appropriations, Levy Limitations, 1973 Estimated Revenues, Recreation Estimated Revenues, Estimated Sources of Financing, the Resume of Appropriations and Recommended Tax Levy, Appropriations and Expenditures, and Departmental Appropriations. An extensive discussion ensued relative to the proposals set forth in the budget and the number of hearings which would be required to fully consider and evaluate those proposals. Councilman Heck stated that substantial thought and time must be spent in evaluating those portions of the budget which represented reduction and /or elimination due to the effect of the tax levy limitations. He stated that, particularly with regard to the recreation portion of the budget, all pertinent civic groups and individuals should be made aware of the hearing when that portion of the budget would be considered. Councilman Britts agreed, and stated that an effort should be made to establish a certain date when the primary item of business would be the discussion of the'recreation budget. _S_ Mayor Cohen noted that the next regular meeting was for the 25th of September and that the budget as a whole could be considered then and he suggested that a special budget hearing be conducted on the 27th of September when the Council could consider particular items of the budget such as the recreation proposals. It was the consensus of the Council to convene on the 27th of September in addition to the regularly scheduled meeting for purposes of con- sidering the 1973 budget proposals. Councilman Ausen stated that the Park and Recreation Advisory Commission should be called upon to offer advice relative to the recreation portion of the budget proposals. Councilman Heck responded that it was his intent to have that Commission notified of the public hearing when the recreation proposals would be considered. A discussion ensued relative to the notification of pertinent organizations and individuals of the public hearing relative to the recreation budget. A brief discussion ensued between Councilman Ausen and the City Manager relative to the guidelines which are established for budget administration. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Britts to adjourn the 1973 budget hearing until the September 25th meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager stated the Primary Election was to be held on September 12th and noted the participation of the Council in the canvassing of votes. Motion by Councilman Heck and seconded by Councilman Ausen to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 11 :45 P.M. Clerk Mayor -6-