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HomeMy WebLinkAbout1995 01-04 CCM Special Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY I � OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION JANUARY 4, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, Deputy City Clerk Sharon Knutson, and Council Secretary Barb Collman. Councilmember Barb Kalligher was excused from tonight's meeting. ANNOUNCEMENTS The City Manager announced there is a need for a one -hour executive session of the Council in order to discuss a possible settlement in the Earle Brown Commons case. It was decided the Council would meet Monday, January 9, 1995, at b p.m. The City Manager updated the Council on the first part of the criminal case of the former owners of Timberridge, the trial of Nicholas Forrette. Mr. Forrette pled guilty on seven counts and was sentenced with a $4,000 fine and 25 days in jail which may be suspended pending good behavior. The second part of the action, against Mr. Grossman, will be on Friday. DISCUSSION OF SELECTION OF PRESIDING OFFICERS The City Manager explained the office of Mayor pro tem is historically rotated by peer election. Following that appointment, the next senior councilmember is automatically assigned the office of Acting Mayor pro tem. If there is a tie, the office is granted to the councilmember who had received the most electoral votes. The City Manager noted these appointments need not be made at this meeting but will be part of an upcoming Council agenda. There was a discussion by Council. It was decided Councilmember Mann would most likely be assigned the duties of Mayor Pro Tem, pending the receipt of Councilmember Kalligher's opinion. 1/4/95 _ 1 _ DISCUSSION OF COUNCIL LIAISON APPOINTMENTS The City Manager explained councilmembers are assigned to be ex- officio members of several of the City's commissions. These assignments are made according to expressed interest by the councilmembers. He suggested the councilmembers make Mayor Kragness aware of their interests before the item appears on the agenda at the January 9, 1995 Council meeting. Councilmember Mann noted she would like to remain a member of the Park and Recreation Commission. She also noted Councilmember Kalligher may prefer to remain on the Housing Commission. Mayor Kragness commented the Housing Commission had expressed concern about the attendance of a councilmember at its meetings. Councilmember Carmody volunteered to replace Councilmember Kalligher on the Housing Commission if Councilmember Kalligher agrees. Councilmember Hilstrom noted the Financial Commission had suggested the Council assign another councilmember to serve as alternate in addition to the regular member of the Commission. The City Manager stated there does not need to be an alternate assigned formally. Rather, any councilmember is free to attend a Commission meeting. Councilmembers should feel comfortable asking one another to substitute for them on commissions when necessary. Mayor Kragness stated it is important for a member of the Council to be at all commission meetings. She added attendance at the meetings will contribute to the councilmembers becoming acclimated more quickly. Councilmember Carmody commented the councilmembers will gain perspective to sit in on different commission meetings. Councilmember Hilstrom said she would be willing to serve on any of the commissions. Mayor Kragness said she would recommend Councilmember Carmody for the Financial Commission, and Councilmember Hilstrom for the Human Rights and Resources Commission. DISCUSSION OF COMMISSION MEMBER APPOINTMENTS The City Manager stated notices have been sent to current commission members asking their interest in reappointment. He recommended the Council, at its next meeting, approve all sitting commission members with the possible exception of any having attendance problems. He also suggested new applications for openings on the commissions be considered at the following Council meeting. 1/4/95 -2- Councilmember Hilstrom stated all sitting members of the Planning Commission wish to be reconsidered for reappointment. Councilmember Mann commented some of the commissions have had difficulty reaching a quorum at many meetings. The City Manager agreed this has been a problem, especially with the Human Rights and Resources Commission. Letters have been sent in an effort to address the problem. Mayor Kragness stated the problem of attendance at commission meetings must be controlled. A commission member should resign if unable to fulfill the duties. The City Manager noted usually the councilmember assigned to a commission becomes involved when there is an attendance problem. He added Staff is still receiving feedback on whether the commission members wish to be reappointed. Councilmember Hilstrom asked whether attendance records are kept on commission meetings. The City Manager responded affirmatively. Councilmember Hilstrom suggested the attendance records be considered when reappointment decisions are made. Mayor Kragness agreed such consideration is important. The City Manager explained the immediate issue is to make the "easy" reappointments of those who do desire reappointment and meet the qualifications before they become nervous and worried due to waiting. Mayor Kragness indicated the issue of commission member reappointments should be placed on the next agenda. The Deputy City Clerk stated the practice has been a person cannot serve on two commissions. Councilmember Carmody asked whether policy could be changed to allow councilmembers, as well as the mayor, to make commission appointments. The City Manager said Staff would investigate the question, but he felt the City Charter may dictate the practice. He noted the Deputy City Clerk has a tracking system for citizens interested in sitting on a commission. He also explained sending out public notices for commission members is not sufficient to obtain the necessary balances for each commission. Councilmembers may need to seek out constituents who would fit into a certain commission, especially to meet gender, race, and geographic balance. 1/4/95 -3- REVIEW CITY COUNCIL HANDBOOK The City Manager referred to a draft of a new handbook provided in the Council packet. The handbook has been compiled recently from several sources. The City Manager reviewed those items in the handbook which differ from existing practice. Page five contains a change in the Order of Business. All consent agenda items are grouped together at the point of agenda approval, which is early in the agenda. If an item is removed from the consent agenda, it is added to an item near the end of the agenda titled "Items Removed from the Consent Agenda," which is part of "Council Consideration Items." The topic "Public Hearing" on page six also contains new procedures. The City Manager reviewed the section "Comments by concerned persons." Councilmember Hilstrom asked how a time limit on a statement would be enforced. The City Manager said discussion would be necessary in that area because it would be difficult to administer. The City Manager commented he supports the change of all who wish to speak being allowed to speak once before anyone is allowed to speak a second time. He mentioned some procedures used by other cities. In some cities, all those who wish to speak in favor of a project speak first, followed by those who wish to oppose the project. The City Manager felt a citizen might be intimidated in this kind of a situation. A balanced environment may be more appropriate. The City Manager also suggested a policy whereby once a public hearing is closed it remains closed and no further public comments are allowed unless the hearing is formally reopened. Another change incorporated in the handbook is on page nine, "Motion to Fix Hour of Adjournment." Other cities have adopted the policy of adjourning at 10:30 or 11 p.m. Having a defined cut -off time may aid in maintaining a quicker pace during the meeting. Mayor Kragness asked whether, under a cut -off policy, a discussion could be continued to the next Council meeting. The City Manager said that is allowable. I Councilmember Carmody added the Council could vote to extend the meeting beyond the cut -off time. The City Manager affirmed this, adding the Council could set an extraordinary majority (four- fifths) or a unanimous vote as the requirement. Councilmember Mann supported the change to adopt a cut -off time. She stated tiredness is a factor in long meetings and it would be advantageous to know ahead of time :when a meeting would end. 1/4/95 -4- The City Manager suggested the Council consider the idea. If desired, a proposal to adopt the policy could be brought to the Council at the January 23, 1995, meeting. The Council should determine whether they do want to adopt the change, what time would be set as cut- off, and whether an extraordinary or a unanimous majority should be used to extend the cut - off. The mayor and councilmembers agreed they would prefer an extraordinary majority to extend the adjournment hour. Councilmember Hilstrom asked Mayor Kragness how she wished to be addressed in Council meetings. The City Manager noted usually "Your Honor" is the term used. It was agreed by the Mayor and Councilmembers to use "Your Honor" when addressing Mayor Kragness. Councilmember Mann indicated she was in favor of the handbook. She asked whether the handbook would also be used by future councils. The City Manager said the handbook, if adopted, would be used in the future. He offered to provide three -ring binders to be used for the handbook and other papers. Most papers are distributed pre - punched, with the exception of outside reports. Mayor Kragness indicated she would like the binder. The other Councilmembers stated they already used such binders. Councilmember Mann commented the City Charter does not address the issue of parliamentary procedure. She asked whether Roberts' Rules of Order should be designated. The City Manager said the notes in the handbook draft basically follow Roberts' Rules of Order but he would add language designating that procedure if the Council wished. The Council agreed to have Roberts' Rules of Order listed in the handbook as the official parliamentary procedure to be followed. Councilmember Mann mentioned the Council a year ago designated an official City newspaper. She inquired if, now that Northwest News is in existence, the designation should be reconsidered. The City Manager said the Northwest News has just begun to publish weekly. It must publish weekly for 52 weeks and meet other requirements before it may be designated the official City newspaper. 1/4/95 -5- Councilmember Mann inquired whether the Minneapolis Star Tribune should be considered for the designation of City newspaper. The City Manager stated the local newspapers are quite a bit more inexpensive than the Minneapolis Star Tribune The City Manager reviewed, in general terms, the remainder of the handbook. The City Manager urged the Council to feel free to contact the City Attorney or the City Manager on any questions they may have. Councilmember Mann referred to the topic "Purchasing and Letting Contract" on page 17 of the handbook. She questioned the item did not state whether bids are oral or written. The City Manager stated the handbook listing is a summary of the actual policy, which would be quite lengthy to include in the handbook. Councilmember Mann asked to be provided with a copy of the complete policy. The Finance Director agreed to provide the policy and noted it needs revisions to be brought into compliance with a new State law. The City Manager recommended the revision be handled through the Financial Commission, but stated the policy will be discussed at the next Council work session. The City Manager reviewed the roles of the EDA and HRA. He noted the HRA continues to be in existence because of outstanding bonds sold under it and certain features of Statutes relating to property tax levies. The use of the different bodies relates to what actions need to be taken. BOND ISSUE STATUS REPORT The Director of Public Services updated the Council on the proposed tax referendum. She referred them to a summary memo provided. The capital improvement projects which would be the basis for a bond issue are: Police Department /City Hall, Community Center, Fire Stations, and Parks. Since it is important to gauge the support a bond issue would have early in the process, the 1994 City Council had authorized the hiring of a consultant to conduct a phone survey. The survey has not yet been conducted. Prior to the survey, the listing of "wants" needs to be reduced so the survey can address a reasonable number of issues effectively. If the City Council wishes to proceed with a Spring 1995 bond issue, the issues must be defined quickly so the process can continue to move forward. The Director of Public Services reviewed an outline of the entire bond issue procedure, which would take approximately six months. The Finance Director stated the financial segment of the procedure will take an additional approximately eight weeks. 1/4/95 -6- The Director of Public Services commented a building project would probably not begin until the middle of 1996 given the current status of the project. The City Manager mentioned citizen groups, which are very necessary, would be involved at a fairly early point in the procedure. Also, Bill Morris of Decision Resources, Ltd. has a very good track record on bond issues and would be helpful throughout the process. Councilmember Hilstrom questioned whether the City's "Image" campaign might be intermingled with the bond issue campaign. The City Manager said there is opportunity to coordinate the two campaigns. Involvement of the chairs of the various commissions will facilitate such a combination. The City Manager stated the step is to consider whether the project list needs to be reduced and then, most likely, to eliminate some items from the list. Councilmember Mann commented it would be impossible for the City to compete with health club businesses; however, there is a need for a centrally located, larger activity center. She asked whether the answer might be to expand the present facility. The City Manager said there has been a proposal presented to retain the current activity center but correct it to be handicapped accessible, etc. He said a rough estimate could be prepared on an expansion. He noted the current facility is short on office space and activity rooms. Mayor Kragness agreed an expansion of the existing building makes sense. Councilmember Mann mentioned some residents would like the center to include a gymnasium, but she did not feel the idea was realistic. The City Manager said the swimming pool is an asset but costs $300,000 over the revenue from the community center. The City anticipated this in advance. Some residents may propose closing the swimming pool in order to use the space for the police department. He urged the Councilmembers to expect the option to be presented and to be prepared with their opinions. He added Staff will try to notify the Councilmembers of anticipated arguments so they can prepare themselves on the issues. He also asked the Councilmembers to communicate their thinking on these issues to the Staff. Councilmember Hilstrom asked whether the City is considering adding "fee" activities. Councilmember Mann said this is being considered. The City Manager discussed the Senior programs. He noted many seniors prefer to not have the programs called "Senior." The Council needs to be flexible and think of senior programs in terms of interest rather than age. The City Manager said he would "cost out" the operations and programming. 1 -7- The Director of Public Services commented over the long term some improvements may pay for themselves. Councilmember Hilstrom stated the recreation opportunities are not valuable unless residents are able to afford to participate in them. The Director of Public Services discussed the last page of the Bond Issue Status Report memo, which includes the recommendations of the Park and Recreation Commission. The Director of Public Services suggested options of preparing the list according to financial packages, etc. She asked for direction from the Council. Councilmember Mann recommended having the residents see the list and paring it down. The City Manager suggested Staff do some preliminary cutting of the list for a starting point. Mayor Kragness and Councilmember Mann agreed that would be helpful. The City Manager noted Staff will be discussing the capital improvement projects on January 24, 1995, with the Riverwood Association. That meeting will be the first trial of the Park and Recreation Commission's recommendations and will allow Staff to begin to know the community's interest. The City Manager counselled the Council there may be a U -turn at some point due to survey results and adjustments will be needed. The Council should be flexible, but it is necessary to start somewhere now. The Finance Director mentioned the phone survey will provide feedback from residents on the amount of money they are willing to spend for the improvements. At this point, he would estimate the bond issue might be set at eight to ten million dollars. However, the list of improvements, as it stands, is probably worth twenty million dollars. Priorities must be made and a line must be drawn in order to pare down the list. Mayor Kragness inquired whether Staff does research into available funding. The City Manager confirmed it does. The City Manager repeated Staff would prepare a new listing to be used informally for further work. Mayor Kragness agreed, and asked that the list include dollar amounts. The Finance Director said much work must be done in order to be sure of estimates of costs. The City Attorney reminded the Council the City cannot spend tax dollars on the referendum campaign. Citizen groups must do the campaigning. 1/4/95 - g - The City Manager stated the City can distribute factual information, but citizen groups will be necessary to provide influential materials. The City Manager said he would provide the Council with a time sequence in addition to the list. REVIEW OF JANUARY 9, 1995, CITY COUNCIL AGENDA The City Manager referred to the agenda provided in the packets. He noted the printed agenda incorporates the changes dictated by the new handbook if it were to be adopted. The City Manager explained the items on the consent agenda will be scrolled on the television screen. The consent agenda items are now grouped together in order for residents to understand the proceedings. The City Manager expressed a desire to combine all three agendas (City Council, EDA, and HRA) into one document for easier understanding. The City Manager urged Councilmembers to call him whenever they have questions about the history of items on an agenda. REVIEW OF DATA PRIVACY AND OPEN MEETING LAW REQUIREMENTS City Attorney LeFevere reviewed guidelines and likely pitfalls for councilmembers for the new members of the City Council. The new ethics law mandates that councilmembers do not accept gifts of any_ kind. This includes gifts of money, personal property, real property. The law is designed to prevent individuals from being influenced for favorable treatment. There is no minimum value placed in the law, so accepting even a $.50 cup of coffee would be unlawful. The City Attorney noted the law is somewhat confusing for Staff, but is very clear for the Council. There is no sentence for the offense except, of course, that resulting from public opinion. The City Attorney continued that if a councilmember is invited to lunch she should pay for it and then submit a voucher for reimbursement from the City. In some instances, such as professional meetings, the charges can be billed back to the City. Gifts to the City are allowed. He warned the Councilmembers to be careful and to call the City Manager, the Assistant City Manager, or him if any questions arise. The City Attorney addressed two types of conflict of interest questions. The first, illegal contract, refers to financial interest. The interest of a spouse is included in the law. In these instances, abstaining on a vote is not adequate. The EDA rules may be looser than the Council requirements. The second type of conflict of interest is common law, which refers to divided loyalty. It applies to non - contract situations and an answer is to abstain from the vote. Councilmembers can judge an issue falls into this category if it is direct, personal, financial gain which is not shared with the public at large. 1/4/95 -9- Public response is also to be considered when concerned about conflict of interest. Councilmembers will have community affiliations due to being members of the community. Councilmembers cannot be forced into voting. If a councilmember should feel pressured, she should abstain. However, a councilmember has been placed in a position of responsibility and should not withdraw over concern about public opinion if she feels capable of voting fairly. A councilmember should only abstain when she, herself, feels a conflict of interest. The City Attorney offered to speak out in reference to the law during Council meetings if called to do so. He also suggested councilmembers call him for consultation. The City Manager cautioned Staff will be candid at the Council table. It would be prudent for a councilmember to consult the City Attorney or other Staff ahead of time to discuss and argue the issue rather than be surprised by an answer at the table. The private questions may be preferable to the public questions. In addition, by asking the question ahead of time there is opportunity for Staff to present other options to accomplish the goal. If information is gathered ahead of time, a councilmember can participate more effectively. The City Attorney noted the Data Practices Act is quite complex. All government data which is collected or stored is covered by the Act. In regard to persons, data is either public, confidential, or private. The Assistant City Manager has experience in this area of the law and has been designated as the resource person on the Staff in this area. All questions should be referred to the Assistant City Manager who will either answer them or consult with the City Attorney. The City Manager mentioned notices of action should be destroyed after reading for the councilmembers' protection. Regarding the Open Meeting law, the City Attorney explained all meetings of the City Council must be open to the public with a few limited exceptions. Anytime a quorum of the City Council (three) is present, there is an official meeting unless it is a chance social gathering and if City business is not being discussed. An open meeting requires a posted notice, open doors, and a copy of the agenda materials available in the Council chambers. Councilmembers should look to Staff for guidance on the issue of open meetings. The City Attorney noted closed meetings are optional when regarding labor organizations, personnel, or litigation. A closed meeting can only be called by a majority of the Council setting the meeting for a future time. In a few cases, a closed meeting is required. Those cases are: when the meeting regards domestic or criminal abuse, an internal affairs } investigation, or preliminary charges against an employee. The City Attorney reviewed the penalties of violations of the open meeting law. The penalties include fines, forfeiture of office, and attorney fees. Violations of the Open Meeting law include holding a closed meeting, a quorum meeting without calling an official 1/4/95 j - 10 - r' 1 , 1 meeting, and sometimes meeting without a quorum (only two councilmembers). It is unlawful for a councilmember to meet one -on -one in an organized, serial fashion with each of the other members to discuss City business in order to avoid public debate. Arranging votes, getting commitments, or engineering public debate are unlawful. Councilmembers should not discuss how other members will vote. The City Manager cannot be used as a go between by his meeting with each councilmember. It is permissible for councilmembers to lobby each other, to discuss issues, and to meet one -on -one as long as it is not a serial system of meetings. If the purpose of the meeting is to cut off public discussion of a topic and avert an open meeting, it is illegal. Councilmembers should feel free to question the City Attorney on the fine points of this law. The City Manager added there can be no exchange of votes. The timing of the discussion is important, as well. Councilmembers should be aware of the dangers but not be paranoid about them. ADJOURNMENT The Brooklyn Center City Council was adjourned by Mayor Kragness at 9:35 p.m. Deputy City Clerk MyAa Kragness, M or Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 1/4/95