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HomeMy WebLinkAbout1994 05-09 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 MAY 9, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Community Development Specialist Tom Bublitz, City Engineer Mark Maloney, Fire Chief Ron Boman, Police Captain Kline, and Council Secretary Barbara Collman. OPENING CEREMONIES Ulyssess Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson informed the Council it should be expecting to receive a petition which is being circulated in response to a recent drowning in Brooklyn Center. He has met with residents in the area where the drowning occurred and understands the petition will address the issues of fencing around the pond and signage near the pond. The City Manager replied the issue would be included on the May 23, 1994, agenda. Mayor Paulson noted there had been a town meeting held concerning youth violence and crime. He thanked those who participated and stated he is looking forward to receiving the report. Mayor Paulson called the Council's attention to two upcoming events. Saturday, May 20, is the date of the DARE Relays, to be held at Brooklyn Center High School. The Mayor's Bowl -A- Cross, a fundraiser for the Red Cross, is also scheduled soon. 5/9/94 _ 1 _ Mayor Paulson announced the recycling award winners for the months of February and March. The winners for February are: E. S. Cronander, 5530 Bryant Avenue North; Vince Peterson, 6001 Halifax Avenue North; Thomas Nelson, 509 61st Avenue North; and George Link, 7007 France Avenue North. The winners for March are: Craig Wendschlag, 6618 Colfax Avenue North; Richard LaBelle, 3319 61st Avenue North; Gerald L. Harris, 6406 Emerson Avenue North; Victor A. Kummer, 3212 Thurber Road; and H. D. Oldenburg, 5900 Xerxes. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Rosene asked for removal of agenda item 7b and addition of agenda item 12d, Consideration of Public Announcement of Agenda Items. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the May 9, 1994, agenda and consent agenda removing item 7b and adding item 12d. The motion passed unanimously. APPROVAL OF MINUTES APRIL 18. 1994 - BOARD OF EQUALIZATION There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the minutes of April 18, 1994, Board of Equalization as printed. The motion passed unanimously. PROCLAMATION Member Dave Rosene introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MAY 15 THROUGH MAY 21, 1994, AS NATIONAL PUBLIC WORKS WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by Member Barb Kalligher, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -93 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TO APPROVE SALE OF CERTAIN TAX FORFEITED LAND PARCELS AT AUCTION TO ADJACENT OWNERS The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. 5/9/94 -2- RESOLUTION NO. 94 -94 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REJECTING NONCOMPETITIVE BID, APPROVING SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -95 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -19, SHINGLE CREEK PARKWAY OVERLAY, FREEWAY BOULEVARD TO 69TH AVENUE NORTH, RECEIVING ENGINEER'S FEASIBILITY REPORT, AND CALLING FOR A PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -96 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SANITARY SEWER MOBILE PUMP The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -97 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1994 SEALCOATING PROJECT, IMPROVEMENT PROJECT NO. 1994 -21, CONTRACT 1994 -D The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. 5/9/94 -3- FINAL PLAT APPROVAL There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the final plat of HOLTS Twin Lake Estates, as presented. The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE K & S Sanitation 24 Crossway Drive MECHANICAL SYSTEMS Advanced Energy Services, Inc. 3650 Annapolis Lane, Suite 105 Carlyle's Htg., A/C, & Refrig., Inc. 301 Ironton Street NE Dean's Heating & A/C, Inc. 2597 309th Avenue NW Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Boulevard Fisher -Bjork Sheetmetal Company, Inc. P.O. Box 40009 Northtown Heating & Cooling, Inc. 389 89th Lane NE P & H Services Co. Inc. 1601 67th Ave. N. MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Dodge 6800 Brooklyn Blvd. Brookdale Pontiac 6801 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. RENTAL DWELLINGS Initial: Craig D. Stirtz 18016 Bluebird Street NW John and Marlys Pepera 6142 Scott Avenue North Renewal: James Shoultz 4214 Lakeside Avenue North Terry and Brett Parker 5242 Lakeside Place ROI Properties, Inc. 7109 -13 Unity Avenue North Dennis J. Bona 5207 Xerxes Avenue North Tracy Rice 5836 Xerxes Avenue North Valerie Blount 1316 68th Lane North SIGN HANGER Lawrence Sign 945 Pierce Butler Route Leroy Signs, Inc. 6325 Welcome Ave. N. The motion passed unanimously. 5/9/94 -4- APPROVAL OF MINUTES - CONTINUED APRIL 25 1994 - REGULAR SESSION Councilmember Rosene requested the following correction to Page 12, fourth paragraph: "Councilmember Rosene expressed thanks to Mr.Slawson. He stated Mr. Slawson would be objective and Mr. Schwartz is as knowledgeable on this issue as any citizen ever is on an issue." Councilmember Mann requested the following correction to Page 13, sixth paragraph, "Motion was made by Councilmember Mann (not Kalligher). It was noted the following correction will also be made to Page 14, fourth paragraph: "Councilmember Kalligher stated the Council had interviewed numerous firms. She is concerned about the City getting the most for its money, and she concurred with Councilmember Scott that there may be a lot of hidden costs with changing to another firm. She would like to see Holmes and Graven continue on as City Attorney." There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to table the approval of the minutes of April 25, 1994, regular session until corrections are made. The motion passed unanimously. PRESENTATION The City Manager announced three city employees are present to receive special recognition. Captain Kline reviewed Officer Rondle Townsend's activities when responding to a fire on March 29, 1994, at 6910 Humboldt Avenue North. Officer Townsend caught a child and an infant who were dropped from a third floor window. He also assisted in breaking the fall of an adult who jumped from the third floor window. He then stayed beyond his appointed shift to administer first aid to the victims. Mayor Paulson presented a Certificate of Appreciation to Officer Townsend and commended him on his meritorious service to the citizens of Brooklyn Center. Fire Chief Ron Boman described the effort made by Captain John Bentzen, a 25 -year veteran of the Brooklyn Center Fire Department, at a fire at 6910 Humboldt Avenue North on March 29, 1994. Captain Bentzen went to the aid of a resident who was trapped in an apartment and was having difficulty breathing. He sacrificed his breathing mask for the l i woman's use and escorted her to safety. Mayor Paulson presented Captain Bentzen with a Certificate of Appreciation and commended him on the excellent work offered to the citizens of Brooklyn Center. Fire Chief Ron Boman reviewed the excellent service offered by Firefighter Chuck Wall during a fire at 6417 Camden on April 2, 1994. Firefighter Wall removed his own air mask 5/9/94 -5 - in an effort to search for two children who were known to be in the bedroom of a burning apartment. He located the children and saw them both to safety. Mayor Paulson presented Firefighter Wall with a Certificate of Appreciation from the City of Brooklyn Center for exemplary service in the line of duty. Mayor Paulson also expressed thanks and appreciation to all members of the City's police and firefighting force. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 94003 The City Manager presented Planning Commission Application No. 94003 submitted by Evangelical Lutheran Church of the Master requesting preliminary plat approval to combine the church property located at 1200 69th Avenue North and the single - family residential property at 1120 69th Avenue North into a single parcel. The Planning and Zoning Specialist presented the staff report and reported this application was recommended for approval by the Planning Commission at its April 28, 1994, meeting. The Lutheran Church of the Master has purchased an adjoining lot and plans to expand the south parking lot. The Planning and Zoning Specialist reviewed the six conditions attached to the application. He said conditions 4 and 5 have been addressed, so only four conditions are now applicable. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve Planning Commission Application No. 94003 submitted by Evangelical Lutheran Church of the Master requesting preliminary plat approval to combine the church property located at 1200 69th Avenue North and the single family residential property at 1120 69th Avenue North into a single parcel subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined by the City Manager) to assure completion of all approved site improvements prior to the release of the final plat for filing with Hennepin County. 4. The lighting plan shall comply with Section 35 -712 of the City Ordinances. Mayor Paulson commented the Council should review the policy which allows parking lot expansions to be implemented without approval by either the City Council or the Planning Commission. 5 -6- t I� The City Manager asked if the Mayor felt the Council should approve a parking lot expansion and then the Planning Commission, or vice versa. Mayor Paulson replied the issues should be studied by the Council and then the Planning Commission should be involved. Councilmember Rosene suggested the Council set aside a part of a work session for this matter. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to review the policy for parking lot expansions at a future work session. The motion passed unanimously. The original motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 94004 The City Manager presented Planning Commission Application No. 94004 submitted by Prudential Insurance Company of America requesting site and building plan approval to construct a 5,195 square foot addition to the Brookdale Square Shopping Center. The Planning and Zoning Specialist presented the staff report and reported this application was recommended for approval by the Planning Commission at its April 28, 1994, meeting. The Planning and Zoning Specialist mentioned the application is subject to 12 conditions and reviewed the last four in detail. Councilmember Scott asked whether there is a plan to upgrade the parking lot. She is concerned whether only the holes will be filled in or if the entire lot will be resurfaced. The Planning and Zoning Specialist answered the entire lot would be resurfaced. Councilmember Scott asked whether the resurfacing could be a condition of the application. The Planning and Zoning Specialist responded affirmatively. Councilmember Scott added the Council has received the same promise from a business in the past but all that was done was filling in of holes. She would like to have a 13th condition to ensure the completion of a parking lot resurfacing. Mayor Paulson asked whether the landscaping does not meet the required number of points. The Planning and Zoning Specialist said the point system will be satisfied with the conditions of the application. There was a discussion among Mayor Paulson, the Planning and Zoning Specialist, and Doug Johnson of Marquette Partners concerning the landscaping point system, the 1989 plan, and the new plan. 5/9/94 -7- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 94004 submitted by Prudential Insurance Company of America for site and building plan approval to construct a 5,195 square foot addition to the Brookdale Square Shopping Center 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 and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A new site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit a new as -built survey of the property, improvements and utilities service lines prior to release of the performance guarantee. 9. The storm water drainage system is subject to at least an administrative review by the Shingle Creek Watershed Management Commission staff prior to the issuance of permits. 10. On -site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 11. The plans shall be modified to indicate a six -foot high screening and security fence to match the existing building to provide additional screening for the loading dock and trash compactor area. 12. The applicant shall provide landscaping consistent with the landscaping point system and with the approved 1989 landscaping plan. The financial guarantee shall not be released until the site is in compliance with said plan. 5/9/94 -8 - 13. The applicant shall resurface the parking lot in its entirety. The motion passed unanimously. ORDINANCES The City Manager presented an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check - Cashing Establishments, and Temporary Employment Businesses within the City. He indicated this Ordinance was first read on April 11, 1994, published in the City's official newspaper on April 20, 1994, and is offered tonight for a public hearing and second reading. Councilmember Rosene pointed out a word change which should be made in Section 101 of the ordinance: the word "or" should be "nor." Mayor Paulson opened the meeting for the purpose of a public hearing on an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check - Cashing Establishments, and Temporary Employment Businesses within the City at 7:52 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to address the Council. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 7:52 p.m. The motion passed unanimously. ORDINANCE NO. 94 -08 Member Celia Scott introduced the following ordinance and moved its adoption: AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; REGULATING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS STORES, PAWNSHOPS, CHECK- CASHING ESTABLISHMENTS, AND TEMPORARY EMPLOYMENT BUSINESSES WITHIN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1 a.m. to 30 Minutes After Closing. He indicated this Ordinance was first read on April 11, 1994, published in the City's official newspaper on April 20, 1994, and is offered tonight for a public hearing and second reading. 5/9/94 -9- i The City Manager added Staff has contacted various agencies but has not identified any statistics, positive or negative, which would link the proposed change to the issue of public safety. Mayor Paulson inquired the practice of neighboring cities on this issue. The City Manager replied some communities operate as Brooklyn Center does and some communities allow fifteen minutes after closing. Councilmember Rosene expressed concern the public has not been given opportunity to speak out on this issue because there is not an adequate communication system for publicizing important agenda topics. Mayor Paulson answered one way to address this concern might be to place an issue like this one as a discussion item. Mayor Paulson stated his feeling on the ordinance is the Council needs to be as responsible as possible. The Council has been addressed by the Police Chief and other staff members on this issue, who are in favor of its adoption, but has not heard arguments from people with the opposing viewpoint. He said he feels the Council should hear both pros and cons on this issue. Councilmember Scott suggested using the cable network for more publicity. She said a brief synopsis of all agenda items for all meetings could be broadcast. She said this approach would be a start to obtaining more publicity. Councilmember Rosene agreed using cable television would be a great start but not all members of the community have access to the cable network. He suggested advertising agenda items in general sections of newspapers rather than just the Legal Notices sections. Councilmember Rosene said he is concerned whether three major sections are needed in the ordinance. He also said he is unsure whether the division between Church and State is being crossed in the ordinance where December 24 and Sunday evenings are specified. The City Manager said it is his belief the items being referred to are in the City document but actually pertain to state law. The City Attorney agreed with the City Manager. Councilmember Rosene requested the issue be studied over the next six months. Councilmember Rosene also pointed out a wording change which is necessary in this ordinance. Mayor Paulson asked the City Attorney how this ordinance relates to state law. The City Attorney said under state law this ordinance is legal. 5/9/94 - 10 - Mayor Paulson asked whether this is because the issue of consumption is not addressed specifically. The City Attorney agreed with this assessment. i Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1 a.m. to 30 Minutes After Closing at 7:59 p.m. He inquired if there was anyone present who wished to address the Council. Mr. Rod Snyder, 6408 Willow Lane, mentioned he thinks the second reading process is a good safeguard. He stated the Council is to be commended for its desire to enhance public safety; however, he said he is concerned this ordinance should be considered more thoroughly before its adoption. He specifically said he felt there may be consequences which have not yet been considered. Since there is no data to show an. advantage, he urged the Council not make a change without clear advantages in sight. Mr. Snyder mentioned the current holders of liquor licenses may be supporting the ordinance for the reason of public safety as well, but the City has no assurance that future license holders will have the same integrity. He said he feels problem drinkers will abuse whatever system is in place. He said the City needs to have ordinances in place to control situations before those situations arise. Mr. Snyder summarized his statements by saying if the Council passes the ordinance it is 1) facing the possibility of a negative effect at a later date, 2) enacting legislation with no clear advantages anticipated, and 3) basically announcing Brooklyn Center is changing the drinking times (which goes against current safety trends). He urged the Council to study the issue further before reaching a decision. Councilmember Rosene agreed with Mr. Snyder tabling action on the ordinance would be a wise step. Mike Schwartz, 7100 Humboldt Avenue, questioned whether this ordinance is the best solution to the concern of problem drinkers. He said problem drinkers will abuse the situation regardless of the City's efforts. If the problem drinkers are fighting in the parking lot, perhaps more security should be involved. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to close the public hearing at 8:12 p.m. The motion passed unanimously. Councilmember Mann asked the City Attorney whether or not the City has the right to be even more restrictive than state law. The City Attorney replied it does. A motion was made by Councilmember Mann and seconded by Councilmember Scott to table An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1 a.m. to 30 Minutes After Closing. The motion passed unanimously. 5/9/94 I Councilmember Rosene commented he would like the Council to pursue a suggestion Mayor Paulson had made at the last meeting, that of offering a break on licensing fees to businesses which would serve food or non - alcoholic beverages from 1 a.m. to 1:30 a.m. Mayor Paulson said he is in favor of tabling the ordinance while the Council searches for the best avenue to reach the goal it has set. DISCUSSION ITEMS NORTHWEST AREA IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12 (TRAFFIC ISSUES) The City Engineer reported Staff has met twice with neighborhood representatives and twice with school representatives. Members of the neighborhood indicated they wanted to have Perry Avenue blocked, but the school district does not see that option as viable because of operational concerns with school buses. The City Engineer said the Staff is recommending the alternative of instituting an all -way stop at the intersection of 70th and Perry Avenues and, with Hennepin County, creating a one -way east street of 71st Avenue. The school district accepts this method as an alternative compromise. Councilmember Scott asked whether the stop could be where 71st and Perry Avenues meet, as it would slow traffic and increase safety. The City Engineer replied it could be done. He commented stop signs and speed humps generally were the least acceptable solutions to the Perry Avenue representatives. Councilmember Rosene agreed with the idea of stop signs. He added the neighborhood probably wanted a more permanent and more dramatic solution but he doesn't feel there is one. He also added the drivers cutting through in this area must be familiar with the area which essentially makes them "neighbors" as well. Councilmember Kalligher said she had thought the neighborhood didn't want anything to interfere with the improvement project. The City Engineer said his impression was the neighborhood representatives did not want to postpone the improvements but did want to take full advantage of the project as an opportunity to address perceived traffic problems. Councilmember Rosene said the City is suffering a lack of connective north -south streets as it is so he would hate to see another one closed off. The City Engineer stated traffic characteristics along that roadway have been analyzed and there appears to be a problem with a few speeding drivers. However, in perspective it is a small number of irresponsible drivers. Councilmember Mann asked whether it was the Perry Avenue group or the Greater Neighborhood group which rejected stop signs and speed bumps. The City Engineer said 5/9/94 -12- C the group Staff had met with was specifically representing Perry Avenue and 71st Avenue. p Councilmember Mann said she dislikes cutting off thoroughfares but agrees with trying the method of using stop signs. Councilmember Kalligher asked whether stop signs would be installed immediately or during the course of the project. The City Engineer advised to wait for the project. Councilmember Scott asked about signage concerning the school zone and whether the speed limit could be lowered in the school zone. The City Manager said signs which state "25 mph when children are present" can be posted, but he believes such signs are already present. The City Engineer added the stop sign will aid in emphasizing the pedestrian crossing. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the project as proposed with the added condition of installing stop signs. The motion passed unanimously. APPOINTMENT OF DIRECTOR OF PUBLIC SERVICES The City Manager explained interviews have been held for the position of Director of Public Services. He stated Diane Spector, Public Works Coordinator, is the recommended candidate and reviewed her credentials. RESOLUTION NO. 94 -98 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A DIRECTOR OF PUBLIC SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Rosene expressed his favorable impression with the candidate's credentials and work as Public Works Coordinator. Mayor Paulson stated he hopes to meet with the new Director of Public Services to discuss the City's direction, goals, etc. Councilmember Rosene commented he feels it is positive for the City to have a woman in a position at this level after losing another. He offered his congratulations to the new Director of Public Services. 5/9/94 - 13 - ADMINISTRATIVE HEARING FOR A WATER AND SEWER UTILITY BILL Robyn Wright, owner of a house at 6325 France Avenue North, presented an argument for a discount on utility rates since the house has been vacant. She described an understanding she had the utilities could be shut off with the exception of water. She later learned this was not possible, but feels she should have been told immediately. She was told by a City employee she might be eligible for a rebate on bills paid. She had corresponded with the Director of Finance on this issue and met with City Appraiser Joe DeBruzzi. She felt the correspondences she received had a negative tone in regard to her problem selling the home and she felt she had done everything she could to sell it. She expressed frustration that she was given misinformation and also because realtors have told her it is very difficult to sell property in Brooklyn Center. Councilmember Rosene said Ms. Wright has argued two good points - that she attempted to have the utilities shut off and that she has provided documentation of the property owner's death. He said it seems some adjustment should be made. He added when the Council had adjusted the utility base rates it had not foreseen a situation like this. He anticipates others might try to have rates lowered, but Ms. Wright's situation is unique so setting the precedent would not open the way for too many problems. He recommended the City establish a low rate for situations where only a little water is needed. Councilmember Mann asked whether utility bills are broken down by consumption. The City Manager replied for water consumption they are and there is a minimum charge. He said there is no way to shut off the sanitary sewer. The Director of Finance said the City does not bill when all water is shut off. The charges are billed on a three -month period and this house used one -half the minimum during the three -month period. If any water was used inside the house, the sewer would also have been used. Many residents may feel they use less than the minimum but are paying their bills without complaint. Councilmember Rosene commented the other residents cited are still deriving benefit but in this case the owner is not. He said the City has an obligation to the residents of the neighborhood to allow the house to be marketable and to enhance the neighborhood by having flowers, which require water. He suggested reducing the rates or placing a cap on the amount of time to charge. The City Manager said a rate change would require evaluation. He advised the Council not to attempt to amend the ordinance and change rates at this time, but to just handle this situation and it can later be used as an example. Mayor Paulson asked Ms. Wright if she had received a letter from him. She said she had not received a letter but had spoken to him on the telephone, at which time he recommended she use the City Council meeting as a forum for her complaint. 5/9/94 -14- Mayor Paulson advised the City Manager a letter should be sent, with copies distributed to I Council members. The Director of Finance apologized for not providing copies of all his correspondence with Ms. Wright. He said he feels his letters to Ms. Wright have been mischaracterized and the Council will have a different understanding of them when they actually see the letters. Mayor Paulson stated the Council should let the ordinance stand and deal with this issue alone. He is aware of one other resident who has a complaint about an error on a utility bill. Councilmember Mann said it is unfortunate the utilities were not turned off. She could see that perhaps the Council should reconsider the rates in general but could not agree with making an exception for one individual. Councilmember Scott said she can certainly identify with Ms. Wright's situation as she has faced the same circumstance in attempting to sell a home in another suburb. She said it is a difficult situation but there are no policies to make adjustments and other cities operate in the same way as Brooklyn Center. Ms. Wright said there should not be a charge for services which are not used. She commented the City is not responsible to the Public Utilities Commission. Her greatest concern is the last two bills she received. She said she has no other avenue to pursue resolution of this matter. Councilmember Rosene said the fact that other communities do not make an exception does not mean Brooklyn Center can't, and maybe Brooklyn Center should take the lead in this area. Councilmember Kalligher asked the City Manager what is the minimum charge. The City Manager said the minimum charge is 8 units. There was a discussion of the breakdown of Ms. Wright's current bill. Councilmember Rosene suggested the Council table this item pending receipt of copies of correspondence and further study. Ms. Wright commented she works evenings and the Council meetings are always at night. Councilmember Kalligher said the Council could consider the matter at a study session and then notify Ms. Wright by letter. Mayor Paulson asked Ms. Wright to give the Council a chance to consider the issue further. He said the Council may change policy. 5/9/94 - 15- Councilmember Mann agreed with the suggestion to table the matter until all communications and information can be reviewed. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to table the utility bill issue until a later date. The motion passed unanimously. Mayor Paulson informed the City Manager he would relay the name of the other citizen concerned with a similar issue. Mayor Paulson mentioned there is a Realtors Day planned soon at the Earle Brown Heritage Center at which City staff members will give presentations. It is hoped the perceptions about Brooklyn Center which negatively affect the housing market will be ' dispelled. Mayor Paulson declared a recess at 9:15 p.m. The meeting was reconvened at 9:25 p.m. CONSIDERATION OF PUBLIC ANNOUNCEMENT OF AGENDA ITEMS Councilmember Rosene repeated the use of cable television to announce the Council agenda is fine but he wondered whether there would be a possibility, considering timing, to have announcements in the newspaper. The City Manager said he would check on the matter. Councilmember Rosene asked if there might be any other methods of announcing the agenda. He suggested a sign outside City offices. The City Manager said Staff would study it. RESOLUTIONS - CONTINUED It was noted a Resolution Authorizing Execution of Willow Lane Park Playground Equipment Construction and Maintenance Agreement, Amending Improvement Project No. 1994 -31, and Appropriating Funds Therefor was removed from the agenda. f V' LEGISLATIVE UPDATE Mayor Paulson asked the City Manager for a legislative update. The City Manager said it appears the TIF legislation went through, although the governor has not completed the vetoing process. He said it appears the major municipal bills will be enacted. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Establishing the Northeast Transportation Corridor Task Force and Defining Duties and Responsibilities. The Director of Public Services reported there was another application for the task force which Council was not aware of on April 25 although it had been received that day. She also said John Davis had applied as a business representative. There remains one vacancy on the task force and one vacancy for the chair. She added if someone from the task force 5/9/94 -16- is chosen as chair, this will result in a position needing to be refilled. She said the Brooklyn Park City Council is in session at this time and will be appointing its members to the task force. I The Director of Public Services said this resolution enables the task force. The task force will be asked to submit a report by June 27 on suggestions to reduce the cut - through traffic and by October 24 on long -term improvements. The Council may then dissolve the task force. Councilmember Rosene said the Council is requiring too much to ask the task force to report by June 27. He suggested changing this deadline to the middle of July. He also said he supports the appointment of Charles Lenthe. Councilmember Kalligher asked whether the task force would be dissolved by October 24. The Director of Public Services replied that is the way the resolution is drafted. Councilmember Kalligher indicated the Council should not specify that date as the project might not be completed at that time. She also questioned whether the report due date should be changed to July. Mayor Paulson said the task force should be neutral and asked for the confirmation of Charles Lenthe as a Greater Neighborhood representative. Mayor Paulson said he prefers for the task force to select its own chair but it is a Catch -22 situation as then an additional member must be added. He recommended the Council allow the task force to select its own chair and vice - chair. Then, he said he would like to appoint Al Peters to fill the vacant position. He said Mr. Peters had contacted him by phone, and he is a recently retired business manager. He felt Mr. Peters would be a neutral party to balance the task force. Councilmember Kalligher asked in what capacity Mr. Peters would be appointed. Mayor Paulson said he would be appointed as the 13th member of the task force. Councilmember Scott asked how Mr. Peters would fit into the representation. Mayor Paulson said maybe Mr. Peters would fit into a completely different category as he would be a neutral party. Councilmember Mann commented Mr. Peters is unknown to the Council. She added the task force does not have any women. She also said the chair was to have been a neutral party. She said she would recommend Linda Smith to fill the position as a neutral party. Mayor Paulson said it is uncertain who Brooklyn Park's appointees will be, so they might place a woman on the task force. 5/9/94 -17- Councilmember Kalligher said Mr. Peters should have to go through the standard application process. She also said she is concerned there is no female representation on the task force and it doesn't matter what Brooklyn Park does on the issue. Mayor Paulson said an application can be obtained from Mr. Peters. Councilmember Rosene reminded the Council that Councilmember Mann had deferred appointment as City Council liaison of the task force to Mayor Paulson, but Mayor Paulson was unwilling to appoint himself. Councilmember Rosene inquired if he would be permitted to appoint Mayor Paulson as City Council liaison. He added if the issue is tabled it is delayed two more weeks, but if the appointments are confirmed the task force would be ready to begin work. Councilmember Kalligher said she would like to see Linda Smith appointed to the task force. Councilmember Scott agreed with the concern of no women being appointed to the task force. She said Ms. Smith has good credentials and experience to make a good addition to the task force. She said she agrees with the appointment of Charles Lenthe because he has completed the application process, but questioned Mr. Peters being appointed as he has not followed the procedure. Councilmember Kalligher said adding Linda Smith and Charles Lenthe would bring the task force back to an even number. Mayor Paulson commented the task force is an advisory body and a tie vote would just be a tie vote. Councilmember Kalligher suggested Mr. Peters be asked to submit an application. Mayor Paulson agreed to communicate this to Mr. Peters. Councilmember Kalligher said she would agree with Mr. Peters if he will complete the application process. RESOLUTION NO. 94 -99 Member Barb Kalligher introduced the following resolution and moved its adoption with an amendment that the chairperson of the task force shall be appointed by the task force from its membership: RESOLUTION ESTABLISHING THE NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. 5/9/94 Mayor Paulson said it means increasing the number by two at -large representatives. Councilmember Mann suggested since the task force is being enlarged and the Council had 14 excellent applicants perhaps all the applicants should be appointed, bringing the number to 15. Councilmember Kalligher asked whether that action had been taken with the Brooklyn Boulevard Task Force. Councilmember Mann responded affirmatively. Councilmember Rosene expressed concern the larger number of at -large representatives would result in a smaller proportion of Humboldt Avenue representatives. Councilmember Scott said the meeting will be open to everyone, whether or not they are a member of the task force. The motion passed unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher that Mayor Paulson serve as City Council liaison of the Northeast Transportation Corridor Task Force. The motion passed unanimously, with Mayor Paulson abstaining. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:50 p.m. Deputy City Clerk Todd Pau son, Mayor Recorded and transcribed by: Barbara Collman Timesaver Off Site Secretarial 5/9/94 _19-