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HomeMy WebLinkAbout2006 04-10 CCM Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 10, 2006 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council /Economic Development Authority met in Work Session and was called to order by Mayor /President Myrna Kragness at 8:16 p.m. ROLL CALL Mayor /President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager/Executive Director Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. DISCUSSION OF CHARTER COMMISSION RECOMMENDATIONS City Manager Michael McCauley explained the extensive work that would be involved to place all the ordinances adopted since the City's incorporation on the website. He also stated that it would be difficult to know which ordinances had been amended or repealed. This was contrasted with the City Code which was the current complication of ordinances that is on the web now. Councilmember /Commissioner Lasman stated only current ordinances should be codified and all others available to the public at City Hall. She stated making them available on the website would add confusion. City Attorney Charlie LeFevere explained that ordinances which regulate peoples conduct would be codified and explained some that would not be codified. He suggested that the last sentence of Section 3.11 read: The Code of Ordinances shall be published and maintained on the City's website. The City Council, staff and the City Attorney discussed at length the language for Section 3.11 suggested by the Charter Commission. The City Council expressed concern whether the proposed Charter change would require charges for pamphlets that are currently distributed free of charge. They also expressed concern that occasional requests for a single copy is dealt with, in many instances, by providing a free photocopy. Mr. McCauley explained that the State of Minnesota regulates the charges that a City may make for copies. He stated a single copy of one page of the City Code would currently result in a maximum potential charge of $.25. He 04/10/06 1 explained that charging a resident $.25 and accounting for the $.25 to make a single copy of one page of the City Code of Ordinances may, in many circumstances, actually result in a greater cost to the City than simply supplying a free copy to assist a resident. Mr. LeFevere discussed his suggestions regarding the matter as outlined on the letter dated March 8, 2006, regarding: Proposed Charter Amendment. The City ouncil staff and the i length h language i y City Attorney discussed at le gt the guage for Section 4.04 o suggested th gg by e Charter Commission. The City ouncil generally seemed in favor of a potential tY g Y P amendment to the Charter that required placement of the City Code of Ordinances on the q p Y website. The Council did not have a similar sense of consensus to require the placement of uncodified ordinances on the website. The concerns expressed by the Council were with respect to putting all of the ordinances, as opposed to the Code of Ordinances, on the website. Concerns included very significant staff time to place all of the various ordinances since incorporation on the website and the potential confusion to persons using the website not being able to readily ascertain whether the ordinance they are looking at was still in effect. By contrast, the Code of Ordinances, which the City Council appeared to be amenable to supporting as a requirement in Section 3.11 for placement on the website, is the up -to -date information on the applicable rules and regulations. Mr. McCauley questioned whether it was permissible to require registered voters, rather than persons eligible to vote on a petition. He asked the City Attorney to review that question. In reviewing Section 4.04, there appeared to be a Council consensus that would support a Charter change to increase the fee to $25.00 for filing. There also was a sense amongst the Council that they would not wish to entertain a change to the filing fee in Section 4.04 until after the current election cycle. The Council had a number of concerns and issues with respect to a petition as an alternate to filing by fee. Concerns raised related to potential lawsuits due to the short turn around that would be required for checking names on a petition and trying to understand all that might be involved in checking a petition, including the impact on staff time, especially around an election. The Council suggested m gg d that Mr. LeFevere attend the next Charter Commission meeting as some of the Council's observations related to matters identified by Mr. LeFevere related to potential impacts or clarity of language. DISCUSSION OF TABLED PARKING ORDINANCE RESTRICTING NUMBER OF CARS IN DRIVEWAY Mr. McCauley discussed the difficulties of enforcing the Parking Ordinance Restricting Number of Cars in Driveways and expressed the opinion of himself and Chief Bechthold that the issue lies with the enforcement of the current ordinances. He discussed the difficultly the City would face with the number of allowed cars being exceeded with visitors. Mayor Kragness stated that the majority of those who called her were concerned with the consistency of enforcement of ordinances. 04/10/06 2 Councilmember /Commissioner Carmody stated she feels the Police Department is not taking the situation as seriously as they should and code enforcement is not being achieved at the level expected. Councilmember /Commissioner Lasman agreed with Councilmember /Commissioner Carmody and stated Brooklyn Center needs better code enforcement. She stated when amended, the proposed ordinance could be beneficial. Councilmember /Commissioner Niesen discussed her concerns for the ordinance and stated it is too restrictive on the residences of Brooklyn Center. Councilmember /Commissioner Carmody stated she would prefer to have code enforcement reviewed before passing the proposed ordinance Councilmember /Commissioner Lasman stated the ordinance is important and should be passed P p after which code enforcement efforts continued. Mayor Kragness stated more information is needed before she is comfortable voting for the proposed ordinance. Councilmember /Commissioner Lasman stated a report should be done so that residents are informed on the situation DISCUSSION OF DRAFT 2006 CITY MANAGER EVALUATION FORM Councilmember /Commissioner Carmody stated using sections 1 -10 would be sufficient. Mayor Kragness stated the review form is too wordy as presented. She agreed with Councilmember /Commissioner Carmody. Councilmember /Commissioner Niesen suggested that the job description be reviewed along with the contract. She asked that the job description be cross reference and indicated as the source. Mr. McCauley suggested that the job description be used as the review form instead of creating a separate document and referencing the job description. Councilmember /Commissioner Carmody stated she would like to see how the proposed review form works for a year at which time it can be reviewed again. Mr. McCauley stated it would be hard for the City Council to evaluate him on certain aspects. He suggested changing or deleting number 2a., change the title of 3b., remove the word cited from 4c., and stopping in the evaluation at number 5a. Councilmember /Commissioner Niesen stated she is sometimes unclear on whether it is an opinion or fact that Mr. McCauley is conveying in his written communications. 04/10/06 3 Mr. McCauley explained that in regards to item 6c., he can not be held responsible for level of morale with employees. He explained that decisions made by the City Council could impact employee morale. He stated he will further amend the proposed evaluation form and return it to the City Council for further review based on the Council's consensus to incorporate this proposed modification. MISCELLANEOUS Councilmember /Commissioner O'Connor asked that someone look at the drain on Shingle Creek. Mr. McCauley responded he would instruct Public Works Directory /City Engineer Todd Blomstrom to look at the drain. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Carmody seconded adjournment of the City Council /Economic Development Authority Work Session at 10:03 p.m. Mof n passed unanimously. City Clerk Q Mayor/Presid t 04/10/06 4