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HomeMy WebLinkAbout1978 03-27 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN TIIE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 27, 1978 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. Roll Call Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere and Administrative Assistants Ronald Warren and Brad Hoffman. Invocation The invocation was offered by Pastor Guenther of the Brook Park Baptist Church. Open Forum Mayor Nyquist introduced the first item of business on the agenda, that of the Open Forum. He explained the Open Forum was instituted to give any citizen the opportunity to address the City Council as a whole and comment on any opinion, problem, concern, or complaint they might have which is relevant to the affairs of this local government and its policies and practices. He noted that no one had registered in advance to speak at the Open Forum and inquired if anyone in the audience wished to be recognized for the Open Forum. There being none, the City Council continued with the agenda. Pride in Your City The City Manager introduced the next item of business on the Campaign agenda, that of a resolution recommended for the purpose of declaring April 21 through April 30, 1978 as the dates for the annual "Pride in Your City Campaign". He explained that the Pride in Your City Campaign is organized annually by the Conservation Commission and is intended to develop various spring cleanup projects in the City. He added that Commis- sioner Sylvia Winkelman of the Conservation Commission was present this evening to brief the Council on the Commission's project. Mayor Nyquist recognized Mrs. Winkleman who explained that the Commission has sent out letters to various groups asking for their participation in the Pride in Your City Campaign. She commented on some of the cleanup activities proposed to be undertaken and noted that there are a number of interested groups that hopefully will participate this year. Mrs. Winkelman also commented on the Brooklyn Center - Crystal Environmental Preserve. She stated that vandals had recently destroyed some of the trails and walkways constructed there and that presently, in her opinion, it is a dangerous situation . Councilmember Fignar inquired if the City would be making these safety improvements within the near future. The Director of Public Works commented the Brooklyn Center - Crystal Environmental Preserve was built by the Conservation Com- mission along with a number of youth groups with the coopera- tion of both the cities of Crystal and Brooklyn Center. He explained that this is the first time maintenance of the site has become a problem. He noted that some arrangements will have to be made with the City of Crystal regarding this type of maintenance. -1- 3 -27 -78 The City Manager stated that this matter will be looked into as soon as possible and an attempt will be made to take care of the safety aspects of the problems mentioned by Mrs Winkelman,, Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -55 RESOLUTION DECLARING APRIL 21 THROUGH APRIL 30 AS THE DATES FOR THE ANNUAL "PRIDE IN YOUR CITY CAMPAIGN" The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 78 -56 RESOLUTION AUTHORIZING THE PURCHASE OF 1, 000 FEET OF 2 -1/2 FIRE HOSE AND 500 FEET 1 -1/2" FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Celia Scott introduced the following resolution RESOLUTION and moved its adoption: NO,, 78 -57 RESOLUTION AUTHORIZING THE PURCHASE OF 100 DOZEN SOFTBALLS 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: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business on Police Pension Bill the agenda, that of a resolution recommended for the purpose of approving the Police Pension Bill recently enacted by the State Legislature. He explained that to the best of his knowledge the bill has either been signed by the Governor or will be signed by the Governor shortly. He noted there are virtually no changes in the Police Pension Bill from that recommended earlier by the City Council. A brief discussion ensued relative to the Police Pension Bill with the City Manager responding to an inquiry by Mayor Nyquist by stating the Governor does not have the authority to alter or change the bill. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 78W-58 RESOLUTION APPROVING LAWS OF MINNESOTA FOR 1978, CHAPTER 681 '0 1 -27-78 -2 i The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Fire Pension Bill The City Manager introduced the next item of business on the agenda, that of a resolution recommended for the purpose of approving the Fire Pension Bill recently enacted by the State Legislature. He explained that the Legislature had reduced the maximum amount of the monthly benefit from the Council recommended $250 a month to $150 a month. He explained that the Legislature's feeling was that to retain the recom- mended $250 a month would make a longer period of time before approval would again be necessary by the State Legislature. He pointed out that the Legislature wants to take a look at many local fire pension bills within the relative! near future in order to develop common and basic wording for as many of these bills as possible. He added that apprently there is no real standard fire pension bills and the Legislature hopes to develop a more standard approach to these pensions. He noted that if the City Council wishes to exceed the autho- rized $150 a month benefit, it will have to seek such autho- rization from the State Legislature,, A brief discussion ensued relative to the Fire Pension Bill with the City Manager stating that he anticipates that the Fire Department will be making corresponding changes to the Fire Department Bylaws for City Council approval within the relatively near future. RESOLUTION Member Celia Scott introduced the following resolution and NO. 78--59 moved its adoption: RESOLUTION APPROVING LAWS OF MINNESOTA FOR 1978, CHAPTER 683 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: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Requesting MN /DOT The City Manager introduced the next item of business on the to Convey Excess Land agenda, that of a resolution recommended for the purpose of to the City requesting the Commissioner of MN /DOT to convey to the City excess land located south of FI -94 from Noble easterly approximately 1, 000 feet between the proposed noise abate- ment mound -wall and the existing property line of abutting residential property. He explained that this excess land will exist after completion of the proposed noise abatement structures in that area and that it is the intent of the City to in turn convey the land to abutting property owners following completion of the project. The Director of Public Works briefly reviewed slides of the area and explained in more detail the recommended resolution. He stated that MN /DOT will be opening bids for the project in May of this year. He explained that if the City accepts the conveyance of this excess land, MN /DOT will erect a fence to depict where the excess land ends and the freeway noise abatement mound -wall begins. He pointed out that if the City does not wish this conveyance, the MN /DOT will erect a fence near the property lines of abutting property and 3-27-78 would be required to maintain this area. He further explained chat there is a need for a formal agreement because MN /DOT cannot convey this amount of property without some type of formal agreement. The Director of Public Works reported that he has met with many of the property owners in the affected area and they have signed a petition to urge the City to seek the convey - ance of this property from MN /DOT. He added that it is recommended that the property be turned over to the abutting property owners , with certain considerations, after the noise abatement walls and mounds have been constructed. He further explained that 12 of the 14 affected property owners had signed in favor of the petition and that the remaining two had indicated that they were not against the conveyance of the excess land. A brief discussion ensued relative to the Director of Public Works report and the recommended resolution with the Director of Public Works briefly commenting on some of the conditions that might exist at the time the excess property is conveyed to abutting property owners. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 78 -60 RESOLUTION REQUESTING THE COMMISSIONER OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONVEY SURPLUS REMNANT LAND TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business by Salary for Superintendent stating that the Director of Public Works has recommended of Engineering Position an adjustment to the Superintendent of Engineering position salary. He explained that currently applicants are being interviewed for the vacant Superintendent of Engineering position and that it appears that an increase is necessary in the salary for the position in order to attract a competent engineer. He further explained that a survey of Superintendent of Engineering or Assistant City Engineer positions of 10 metropolitan municipalities with populations of 30,000 or over indicate that the City's 1977 salary of $18,720 is approximately 10.4% less than the average salary of $20,622 for the 10 communities. He pointed out that the survey also indicates that the City's 1977 salary for. the Superintendent of Engineering position is nearly 6% less than the average salary for the seven communities with populations less than 30,000. The City Manager further reported that from 1972 to 1974 the Superintendent of Engineering's salary was equal to or greater than the Superintendent of Streets and Parks. He stated that at the time salaries were being recommended for the 1975 annual salary adjustments, the probation period for the person in the position of Superintendent of Engineering was extended beyond January 1, 1975 and that the City Manager at that time elected not to seek a salary increase for that position when the normal salary increase for other 3 "27-78 -4- nonunion employees of the City was approximately 10 %. He added that, therefore, from 1975 to date, the Superintendent of Engineering position salary has lagged behind the Super- intendant of Streets and Parks' position by approximately 10 %, The City Manager recommended the Superintendent of Engi- neering position salary be increased by 10% from $1,667 per month to $1 , 834 per month to bring this salary back in line with the salary of the Superintendent of Streets and Parks position and also with comparable positions in other munici- palities. He stated that the recommended increase will not affect the 1978 budget because a new person is expected to be hired at the existing salary of $1 , 667 per month. He added by making the salary adjustment at this time, it is possible to bring a person into the position at a salary below the top level but show that there is salary growth within the position and that hopefully this will attract a competent engineer for this position. A brief discussion ensued relative to the City Manager's recommendation with Councilmember Kuefler commenting that if the Council accepted the recom- mendation they would, in essence, be setting a maximum salary for the position only and that the City Manager has the authority to set salaries up to that maximum. Action Authorizing Following further discussion there was a motion by Council- - Increase in Superinten- member Kuefler and seconded by Councilmember Fignar to dent of Engineering amend Resolution No, 77 -243 regarding wages and salaries Position Salary for calendar year 1978 by increasing the maximum monthly salary for the position of Superintendent of Engineering from $1 , 667 per month to $1 , 834 per month effective immediately . Voting in favor: Mayor Nyquist, Counctimembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously, Licenses Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: NONPERISHABLE VENDING MACHINE LICENSE - Interstate United 1091 Pierce Butler Route Medtronics 6120 Earle Brown Drive RENTAL DWELLING LICENSE Initia 1: Keith L. Nordby 5964 Brooklyn Blvd. Don R. McGillvray 5740 Dupont Ave. No. Emilia Krzesowiak 3001,07 - 51st Ave. No. Ernest H. Olmschenk 3715 - 69th Ave. No. Renewal: Marvin Garden Ltd. Marvin Garden Townhouse, Ralph & Barbara Virgillo 5001 Ewing Ave. No. John Kuche ska 4 811 Lakeview Ave. No. David W. Zemke 6811,13 Noble Ave. No. Reuben & Diane Ristrom, Jr. 6819,21 Noble Ave. No. DeWitt, Fred & Duane Bills 6825,27 Noble Ave. No. Robert Berglund 6833,35 Noble Ave. No. Robert Urbach 4806 Twin Lake Ave. Curtis Erickson 3809,11 Twin Lake Ave. Alan Wetzel 4700,02 - 68th Ave. No. James Bolduc 4701,03 - 68th Ave. No. Transfer: Robert Messersmith 5338,40 Queen Ave. No. Robert & Linda Ryan 4216 Lukebreeze Ave. No. -5- 3- -27 -78 Voting in favor: Mayor Nyquist, Councilor, ambers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist inquired again if anyone in the audience Close Open Forum wished to be recognized for the Open Forum. There being none, the Open Forum was closed. The City Manager commented that a public hearing on Discussion of Sanitary a proposed new schedule of rates, fees and charges for Sewer Rates Schedule the sanitary sewer system is scheduled for 8 :00 p.m. this evening. He noted that there is time, prior to this public hearing, for the Council to discuss another alternate sewer rate schedule that had been prepared by the Director of Public Works in response to City Council direction at the last Council meeting. He explained that this second alternate comprehends a smaller initial sewer rate increase in 1978 than does another alternate discussed at the March 20 .Council meeting. He pointed out that using this second alternate sewer rate schedule would mean the City would incur deficits for 1978, 1979 and 1980 and would not experience a surplus until 1981 while alter -late No. 1 comprehends smaller deficits in 1978 and 1979 with a surplus being realized by 1980. The Director of Public Works reviewed a transparency showing the two proposed alternates and commented on the deficit and surplus years of the two alternates. He stated that the second alternate comprehends per quarter sewer rate charges to rise from the present $8.75 per quarter in 1977 to $12 per quarter in 1978, to $15.50 in 1979, to $18.75 in 1980, to $19.75 in 1981 and $21.00 in 1982, while alternate No. 1 comprehends an increase from the $8.75 per quarter charge in 1977 to $14.30 in 1978, to $16.50 in 1979, to $17.60 in 1980, to $18.70 in 1981 and $19.80 in 1982. He commented that alternate No. 2 would mean that there would be deficits in 1978, 1979, and 1980 amounting to $161,500.00, $147,800.00, and $46,500,00 respectively. He pointed out that a surplus would not be experienced until 1981. With respect to alternate No. 1, the Director of Public WorJ pointed out that a deficit of $76,600 and $800 would be experienced in 1978 and 1979 respectively, and that a surplus would be experienced in 1980. A discussion ensued relative to the tw'o alternate sewer rate schedules reviewed. Councilmember Fignar inquired if one of the alternates was administratively more expensive than the other. The Director of Public Works responded that alternate'No. 2, which comprehends deficits in 1978, 1979, and 1980, would be more expensive because the City would not be earning interest on surpluses during those years. The Director of Finance pointed out that although the sewer rate increase under alternate No. 2 is less in 1978 than is the sewer rate increase under alternate No. 1 , - the percent increase each year in the sewer rates under alternate No. 2 is generally greater than that of alternate No. I. Following the discussion it was the consensus of the City Council that alternate No. 2 be used as the proposal for the public hearing to be held later in the meeting.. The Brooklyn Center City Council recessed at 7 :55 p.m. Recess and resumed at 8:05 p ,,m. 3 -27 =78 -6- Sanitary Sewer Rate Mayor J\Jyquist announced that a public hearing is to be h -old Schedule this evening upon a new proposed sanitary sewer rate schedule. He explained that the procedure to be followed will involve a presentation on a proposed now sanitary sewer rate schedule, followed by a public hearing on the proposed rates, that the public hearing will be closed after those wishing to make comments have been heard and that the Council will then deliberate the matter. The City Manager commented that the Director of Public Works will review the results of the 1978 sanitary sewer rate study and comment on the proposal for new sanitary sewer rates. He added that the City Attorney will also comment on sugges- tions that there be reduced rates for certain users. The Director of Public Works stated that Section 11 .02 of the City Charter states that the Council may fix rates, fares and prices, for municipal utilities, but such rates, fares and prices shall be just and reasonable. He added that the Charter also calls for the City Council to make each municipal utility financially self-sustaining and forbids any municipal utility operation from being used directly or indirect1j: as a general revenue producing agency for the City. He explained that deficits for some years are not prohibited but the rates should be established in such a way that surpluses will balance deficits over a series of years. He briefly reviewed historical data with respect to the sewer system of the City dating back to 1952. He also reviewed a com- parison of sanitary sewer rates for 15 municipalities including Brooklyn Center and noted that Brooklyn Center ranks 12th with regard to the quarterly charge for sanitary sewer rates and that the three other communities that rank lower than Brooklyn Center are currently also reviewing their s ' anitary sewer rates for possible increases. In response to an inquiry by Mayor Nyquist, the Director of Public Works stated that approximately 75% of the sewer rate costs go to the Metro- politan Sewer Board. The Director of Public Works next commented on a graph indicating total equivalent connections from 1958 with projections through 1987 which indicates that connections for single family residential property will remain fairly constant. He also reviewed a graph depicting the total sewage flow past and projected which indicates a projected increase from 1,060,000 gallons of sewage flow in 1977 to a projected 1. 315, 000 gallons of sewage flow in 1987. The Director of Public Works also commented that it is estimated that deficits would be approximately $2,000,000 by the year 1982 if the City continued with its present sanitary sewer rate structure. He again reviewed the proposed new sanitary sewer rates and commented on the two alternates previously discussed this evening by the City Council. He reported that alternate No. 2, which the Council by consensus had agreed to submit as the proposal for the public hearing, comprehends a larger deficit through the years 1978, 1979, and 1980 and that the utilities account would be solvent by 1981 with a surplus of $20,600. He explained 'that the main difference between the two alternatives is that alternative No. 2 comprehends a larger deficit for the first two years than does alternate No. 1 but that alternate No. 2 contains a smaller quarterly increase than does alternate No. I The Director of Public Works next reported that the City Council had requested the staff to develop a recommendation regarding a potential or possible subsidy for elderly individuals He noted that statistics have been developed which indicate -7- 3-27-78 that elderly persons with two or less pers in a home tend to use less water per quarter than ooes the average water consumer. He explained that based on this informa- tion it seems feasible to recommend that the Council consider providing a smaller sanitary sewer rate increase for elderly persons with two or less persons in the household. He added that it is also recommended that the Council consider increasing the connection permit from $10 to $20 and the disconnection permit from $10 to $20. He reported that the metropolitan service availability charge (SAC) for 1078 is $400 per unit equivalent. He stated that the subsidy recommended would be for elderly residents with the head of household or spouse being 62 years of age or older, that have a maximum of two persons living in the household and have a maximum household income of less than $5,000 per year. He explained that persons meeting these requirements would be expected to file an affidavit with the City in January of each year to verify their eligibility for this subsidy. He explained that if alternate No. 2 was accepted as the sanitary sewer rate schedule, and the elderly subsidy also accepted, the rates shown in the alternate No. 2 sewer rate schedule would have to be increased for .nonsubsidized single family homes by approximately 25� per quarter. The Director of Public Works also reported that it is expected, using these elderly and income guidelines for a subsidy, that approximately 47c of all accounts would qualify for the subsidy. The City Manager reported the City Attorney has researched the matter of providing a subsidy for sani- tary sewer rates based on income. The City Attorney reported he has looked at this issue and has contacted other city attorneys in various municipalities which had been surveyed. He explained that in providing a subsidy of any kind two basic points should be looked at - -that being due process and equal protection. He added the City cannot base any sewer rate distinction on something irrational or discriminatory. He pointed out there is no Minnesota case law which deals with this matter and that there is no specific statutory authority that would permit the City to base rates on various factors. He referred to the City Charter and also Minnesota Statutes regarding charges for service and noted that they indicate that the charges should be as nearly as possible to the costs of the service. The City Attorney stated that apparently there are studies that show people of a certain age use less water than persons of another age and, therefore, it was his opinion that a subsidy based on age would be proper. He added he has been able to find nothing that would give the City the authority for making sewer rates based on an income distinction. He suggested the Council consider, if it is so inclined, only the subsidy for senior citizens based on age and exclude the income distinction. He pointed out that it was also his opinion that if the Council wished to base sewer rates on a person's ability to pay or income, they would have to seek a legislative change to Minnesota Statutes, He pointed out he felt it would be only appropriate to make such distinction in sewer rates if there was a State policy permitting such a break for these people. The City Manager pointed out with respect to the subsidy for the elderly, it is proposed this be done for a one year period and that there be a study and evaluation of this rate structure as to its impact on the utility billing system. He concurred with the City Attorney and suggested the 3 -27 -78 -8- Council consider eliminating the income criteria that had been previously recommended. Councilmember Lhotka inquired of the City Attorney as to what the City could expect if it used income as a factor in deter - mining a lesser sanitary sewer rate. The City Attorney responded that legally any citizen paying a higher rate could challenge the City's rate and bring a suit against the City to discontinue this practice. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing with respect to the proposed sanitary sewer rate schedule. He recognized Mr. Clifford Williams, 5736 Jane Avenue North, who expressed his opinion that the Council should also consider a subsidy for handicapped or disabled persons. He inquired as to why the proposed increase in the sanitary sewer rates could not be more gradual. Mayor Nyquist responded that the proposed sanitary sewer rate schedule increase is needed because presently the operation is running a large deficit which will have to be made up. Mr. F. C. Stewig, 5455 Colfax Avenue North, stated that he felt his sanitary sewer rate should be frozen at its present level because he does not have complete use of the system in his home. He pointed out that he has a stub service to Minneapolis and that he is pumping sewage overhead to get it into the sewer system. He added that he felt his particu- lar case was an exception and that, therefore, he should be entitled to a lower sanitary sewer rate. In response to an inquiry by Mayor Nyquist, the Director of Public Works stated that he was not aware of Mr. Stewig`s problem but that the matter would be looked into. Mr. Stewig also inquired about the costs associated with the sanitary sewer rate. The Director of Public Works responded that presently the Metropolitan Sewer Board charges the City at a rate of 50� per 1,000 gallons of sewage going into the system and that the City's charge for sanitary sewers to its consumers is only 44� per 1,000 gallons . The City Manager commented that of the total cost for sewage approximately 75% is made up of Metropolitan Sewer Board costs and 25 City costs. He added that the City is not, at the present rate, recovering its costs. Mayor Nyquist then recognized Mr, Anderson, 5932 Colfax Avenue North, who suggested that the City urge consumers to conserve water and hopefully use sewers less rather than to approximately double the sanitary sewer rate. He also suggested that the City consider only a 10% increase in the sanitary sewer rate and strongly urge conservation measures. The City Manager responded that the rationale for the pro- . posed sanitary sewer rate increase is based on the fact that the old sanitary sewer rate was established in 1971 and that over the last year the public utilities system has experienced a deficit with respect to costs recovered. He pointed out that to adjust the present sanitary sewer rate by 10 %C would be in effect to adjust the 1971 sanitary sewer rate which would not be enough to recover the deficits Mayor Nyquist then recognized Dolores Hastings, 5813 Aldrich Avenue North, who spoke in favor of the elderly subsidy and suggested that perhaps a slightly higher per quarter rate for the elderly than the proposed $8.75 be added to help make up the difference in costs. _0 _.- 3 -27 -78 Mayor ^Tyquist inquired if anyone else wished to be recognized for the public hearing on the sanitary sewer rates . No one wished to be heard, { Motion by Councilmember Fignar and seconded by Council- Close Public Hearing member Kuefler to close the public hearing on the proposed sanitary sewer rate schedule. Noting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. Councilmember Kuefler commented he felt the City should pursue the matter of urging water conservation within the City which might have a long range effect on sanitary sewer rates but pointed out that he did not feel conservation measures would address the problem at hand, which does call for an immediate adjustment of the sanitary sewer rates. He stated that he prefers alternate No. 2 and also a provision that would provide a subsidy for elderly persons. He added that the matter of an income criteria for a subsidy should be stricken until that matter can be further clarified. He further stated that he favored study and analysis for a one year period to determine the impact of the subsidy on the public utility billing system. He inquired of the Director of Public Works if there were any statistics available that would show that handicapped or disabled persons tend to use the system less often than the average person. The Director of Public Works responded that there are no such statistics available, and pointed out that no projection could be made as to the impact such a subsidy would have on the rate system. Councilmember Lhotka stated that he would like to see the matter of providing a subsidy for persons on fixed incomes such as widows and widowers looked into further. Councilmember Fignar stated that he preferred the rate schedule contained in alternate No. 2. He also stated he felt water conservation is an important factor, and encouraged people to undertake conservation measures. Councilmember Lhotka concurred and inquired if there were any brochures or information that could be made available and distributed with the water and sewer billings regarding water conservation. The Director of Public Works responded that presently the public works department is looking into the matter of water conservation and that there are plans to put together a package and notify people on how to conserve water. Councilmember Scott stated that she too favored alternate No. 2 along with providing a subsidy for elderly residents. She noted that the Conservation Commission has presented two water conservation seminars and that they intend to provide more seminars in the future. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 78 -61 RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof': Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same,: none, 3 -27 -78 _10- whereupon said resolution was declared duly passed and adopted. Action to Direct Motion by Councilmember Kuefler and seconded by Council---- - Monitoring of member Fignar to direct the City Manager to monitor the pro Subsidy Program gram for providing a reduced sanitary sewer rate for senior citizens for Council review in one year, and to further direct. the City Manager to study the possibility of providing a similar subsidy for handicapped persons or persons on low or fixed incomes. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Action Directing Motion by Councilmember Lhotka and seconded by Council - the Preparation member Scott to direct the City Manager to review the of Draft Legislation feasibility of developing draft legislation for consideration by the State Legislature which would allow income to be used as a criteria for setting sanitary sewer rates Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka left the table at 9:21 p.m, and returned at 9 :22 p.m. Planning Commission Mayor Nyquist announced that the next item of business on Application No. 78018 the agenda was consideration of Planning Commission Appli- (William G. Bell) cation No. 78018 submitted by William G. Bello The City Manager introduced the item by stating that the appli- cant was seeking site plan approval, including parking plan approval, for the property at 5001 Drew Avenue North. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78018 and the Planning Commission action at its March 23, 1978 meeting. He explained that the applicant was seeking site and parking plan approval for a proposal to upgrade the commercial property located at 5001 Drew Avenue North. He reviewed a transpar- ency showing the location and configuration of the property in question and stated that the applicant proposed an auto glass replacement service in the existing service station building at that location. He noted that the property in questio was zoned C -2 (commercial) and that the property located directly north is zoned R -1 (single family residential) . He stated there were two buildings on the property, one a service station which had been closed and the other a warehouse building. He pointed out there were no utility connections to the warehouse building and that storage was the only permitted use. He reported the applicant proposes substantial site improvements including parking improvements and that there is enough parking space to support the proposed use. He added that blacktopping to the street would be connected with curbing, curbcuts and a greenstrip, and that the Planning Commission had specified a minimum number of trees for the site. He next reviewed slides depicting the property and the neighboring property, and pointed out that a fence had been erected by the owner of the R -1 property to the north along the property line of this site. He explained that the opaque fence, combined with the dense shrubbery on the applicant's site, created an effective screening of the R -1 property from the commercial property. In response to an inquiry by Councilmember Kuefler, the Director of Planning and Inspection stated that the ordinance requires a 35 foot greenstrip between C-=2 property which borders R -1 property, and that this greenstrip contained an 8 foot high opaque fence or wail. He stated that, since it is the intent or the ordinance to screen an ;? -1 property from commercial activity, and since the existing fence perforrris that function, the applicant has requested, and the Planning _11 - 3 -27 -78 Commission concurs, that a new screen fence in the 35 foot greenstrip area need not be required. He pointed out that a written agreement with the City that the fence will be erected if anything should happen to the existing fence is also recom- mended. Mayor Nyquist opened the meeting for purposes of a public Public Hearing hearing with respect to Planning Commission Application No. 78018. He recognized the applicant, Mr. Bell, who stated that he had nothing further to add to the application. In response to an inquiry by Councilmember Fignar, the applicant stated that approximately 85% of the business is composed of auto glass replacement service with the remainder being some commercial activity. He added that there definitely would be no auto repair undertaken on the site. Mayor Nyquist inquired if anyone else wished to be heard. No one spoke with respect to�the application. Motion by Councilmember Lhotka and seconded by Close Public Hearing Councilmember Fignar to close the public hearing on Planning Commission Application No. 78018. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Following a brief discussion there was a motion by Action Approving Planning Councilmember Scott and seconded by Councilmember Commission Application Lhotka to approve Planning Commission Application No. 78018 (William G. Bell) No. 78018 submitted by William G. Bell subject to the following conditions: 1 . Site grading, drainage, and curbing plans are subject to approval by the City Engineer. 2. Existing underground fuel storage tanks shall be removed as directed by the building and fire officials a 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The property owner shall execute an agreement, as approved by the City, acknowledging the ordinance requirement for an 8 foot opaque fence within the required greenstrip to provide screening of the use from the single family residential property to the north; and said agreement shall be filed with the title to the property. 5. Installation of sodding and underground irrigation system of the boulevard shall be included on the site plan. 6. Four 2 -1/2 to 3" long -lived hardwood trees shall be incorporated into the site plan. 7. If the area north of the accessory building Is to be used for parking or storage, it shall be fenced to screen the neighboring residential property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 3- 27-78 -12- Adjournment Motion by Counc:ilmember Fignar and seconded by Council- member Kuefler to adjourn the meeting, Voting in favor: Mayor Nyquist, Council:members Kuefler, Fignar, Lhotka, and Scott, Voting against: none. The motion passed unanimously, The Brooklyn Center City Council adjourned at 9 :50 p.m. C erk ay -1.3- 3 -27 -78