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HomeMy WebLinkAbout1994 07-18 CCM Special Work 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 SPECIAL WORK SESSION JULY 18, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, City Engineer Mark Maloney, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, and Council Secretary Barb Collman. Councilmember Barb Kalligher was excused from tonight's meeting. UPDATING CHAPTER 12 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE, TO INCLUDE DOMESTIC ABUSE IN SECTION 12 -911 CONDUCT ON LICENSED PREMISES The City Manager explained the Council had specifically directed Staff to consider adding domestic abuse to the activities which constitute a violation of Section 12 -911. He said it appears such an addition to the Ordinance may be counter - productive. The City Manager stated a situation of domestic abuse is generally covered anyway because a neighbor calls the authorities about noise. The Director of Community Development mentioned Brooklyn Park has the same ordinance. He added discussions with members of the Police Department have brought up a concern that if domestic abuse were part of the Ordinance the landlord could evict the tenants; therefore, the victim might not report the abuse so as not to risk eviction. He agreed if there was a problem situation there would be calls to the Police Department by neighbors concerning disorderly conduct. The tools for handling domestic abuse are available in other sections of the Ordinance. Councilmember Mann asked whether the "abuser" could be linked to the abuse situation rather than the victim. The City Manager said the name on the lease is what is affected and cannot be separated. 7/18/94 - 1 - Councilmember Mann asked whether the police officers encourage victims of domestic abuse to file complaints. The City Manager said the officers give the victim the hone number for P tY g g P Project Peace or make the call immediately. He added the first step by a police officer is to make an arrest to get the perpetrator out of the situation, so then there is not as great a need for shelter for the victim. Often the abuser has been bailed out within 24 hours, but the judge usually restricts the abuser from returning, which puts the victim in a stronger situation. The City Manager suggested monitoring the situation for a year to determine whether the other parts of the Ordinance cover the matter adequately, as the initial review indicates there is coverage. Mayor Paulson said he appreciated the issue having been brought out. He stressed an outreach approach might be better than more regulations. He suggested greater communication of available resources for victims of domestic abuse. The City Manager commented the Block Watch system is beginning to work. Mayor Paulson mentioned Project Peace as a possible communication link. He also stated Project Peace is an organization which is growing and moving toward non - profit status and perhaps the Council could have an influence in the area of funding. The City Manager agreed. Mayor Paulson relayed he had a conversation recently with Councilmember Rosene and Senator McGowan in which concern was expressed a temporary restraining order (TRO) should be filed so it can be accessed at all times. The City Manager said there is a system by which a TRO can be accessed 24 hours per day. The Director of Public Services explained there is a connection through LOGIS allowing this access and, in fact, Brooklyn Center houses the system for the area. The City Manager reviewed the events leading to Brooklyn Center obtaining the system. He said in the past there would be a need to see computer files in order to finalize cases but Police Department staff would be too busy to handle the work. It was decided there should be a way to tap into the existing system for information and this was accomplished two to three years ago. Now, Brooklyn Center is the site of the terminal which provides information electronically to several municipalities. Mayor Paulson requested a letter be drafted to Senator McGowan to inform him of the existing system. The City Manager said ultimately an officer in the field may be able to access the information on a secured airway. He said there will be a report on the matter forthcoming. Councilmember Mann said she would like more information about Project Peace. 7/18/94 -2- Councilmember Scott said her conversations with people in the field of police work have shown adding domestic abuse in this section of the Ordinance is ill- advised as it is very difficult to convince a victim to file charges and adding the risk of losing an apartment due to losing a partner's income could be a further deterrent. She added many women know there are resources but do not know the details; day care centers are beginning to carry literature concerning available resources. Also, police officers are beginning to know sources to recommend. There needs to be more education on available resources. The City Manager said the Police Department leaves information with a victim. Also, the police dispatcher notifies Project Peace and members of that organization initiate contact with the victim. State law mandates police officers are responsible for the safety of the victim so the officers refer the situation to a counsellor who is experienced and more effective (which also saves time for the officers). Councilmember Rosene mentioned Senator McGowan had suggested contacting the Attorney General's office regarding a tobacco industry matter. He asked if someone could be directed to call the Attorney General's office. Councilmember Mann said she believed the person who tabled that motion would need to take that action. She also said she would like to have Councilmember Kalligher's input on the matter. Councilmember Scott suggested adding this issue to the next City Council agenda. The City Manager recommended informally contacting Councilmember Kalligher and proceeding with the call. Councilmember Rosene questioned whether the Council agreed the call could be made. There was no objection. The City Manager again asked the question of amendment of the Ordinance to include domestic abuse in Section 12 -911 be considered for a year. He said if it appears at any time the existing system (including mailing of letters) is inefficient, Staff will return to the Council on this issue. PROPOSED FIVE -YEAR STREET IMPROVEMENT PLAN The Director of Public Services explained no decisions concerning street improvements are called for at this meeting; however, they will be within the next few months. The City Engineer summarized the status of the 1994 projects. The James/Knox Avenue and Northwest Area projects were started Memorial Day, six weeks ago. There has been good weather and so far both projects have been "pretty successful." The City Engineer said approximately 19 out of 20 contacts with residents have been complimentary. The contractors are ahead of schedule; Staff is satisfied with the contractors who were chosen. 7/18/94 -3 - Regarding the regional pond in the Creek Villa area by The Ponds' property, the City Engineer commented pictures were sent to the Watershed Commission and the commission praised the work. Councilmember Rosene asked whether photos could be sent to the media. The City Engineer said he would prefer to wait until the covering vegetation has grown up. Mayor Paulson said he had taken a call from a resident regarding the road in Creek Villa. The City Engineer stated the road is being taken care of. He commented a small area of pavement broke up, and it is being repaired with an overlay. Mayor Paulson requested the resident be phoned with that information. The City Manager complimented the Staff and the inspectors. He noted the staff made an exceptional effort to handle residents and communicate their concerns to the contractors. Councilmember Mann remarked the newsletters distributed to residents were well -done and an excellent communication tool. Councilmember Rosene agreed. The Director of Public Services added Staff has been videotaping the condition of the roads and neighborhoods during all phases of the projects. The tapes will be shown to residents in the future so they may have realistic expectations of street improvements. The City Engineer commented the 1994 projects would have been significantly more expensive if they had been done in 1993 because of the wet conditions. Councilmember Rosene inquired whether the excess rock after seal coating will be swept up. The City Engineer said it would be done this week. Councilmember Rosene said the situation leads to some drivers spinning around corners and to a washboard effect on the road. The City Engineer explained the specifications allow 7 to 21 days before sweeping the rock to allow for changes in the surface. Councilmember Scott said 21 days is too long for the rock to be on the roads. The City Engineer said the road surface requires the rock for a longer period of time in cooler temperatures. Since seal coating used to be done later in the summer, 21 days were needed. Now that the procedure is completed in warmer temperatures, the time period could be shortened. The City Engineer next reviewed the proposed five -year street improvement plan. He said a five -year plan is a requirement for receiving a funding allocation from Minnesota State Aid 7/18/94 -4- (MSA). It is not necessary to do improvements on an MSA street each year, but if the funds accumulate there is a risk they will be rescinded. Mayor Paulson asked whether the MSA designation can be moved from one street to another. The City Engineer said re- assignment can be made if the two roadways serve the same function (for example, a road serving as a collector). The City Engineer mentioned two roads he would recommend be removed from the list of designated MSA roads as they are low- traffic routes and funds are being wasted. Roads with a higher traffic level can receive necessary funding if they receive the MSA designation; however, any road considered must be connected to other MSA roads. Councilmember Rosene commented that because of the highway system Brooklyn Center's roads are fragmented and there are limited options. The City Manager said the designation could be changed but there are a limited number of roads which would meet the requirements. The City Engineer pointed out all of 73rd Avenue is in Brooklyn Park's MSA system, but only part of it is in Brooklyn Center. An MSA designation could be re- assigned to the part of 73rd Avenue which doesn't have it to complete the route. Councilmember Rosene agreed that roadway would be a good candidate for the re- assignment. Councilmember Scott said she would like the concept of reassignment added to a Work Session agenda. The City Engineer expressed a desire to review with the Council the Minnesota State Aid system. Councilmember Mann agreed and said she would like to be informed about taking the shorter section of roadway off the program. The City Engineer commented nothing would be lost by making this change. The City Engineer explained that street improvement projects are often driven by other needs. For example, the streets in the Woodbine area are not in desperate condition, but storm sewers are needed because there are none. Therefore, street replacement becomes involved. The streets selected for the 1995 program were chosen on the basis needs in the areas of streets, water, sewer, etc. The City Engineer stated two miles of streets were improved in 1994. Councilmember Mann asked whether there will be an increase in the number of miles done in the coming years. The City Engineer pointed out this information on the graph handed out. The goal is four miles per year. 7/18/94 -5 - The City Engineer said the City Staff is prepared to take care of routine projects in the five - year program, but there will be specialized projects which will require consulting services. There was a discussion on the Shingle Creek bridge and the 57th Avenue North area. The Director of Public Services mentioned this proposal has been brought for discussion but there is a need to formulate a comprehensive plan. She reminded the Council it must choose to "pay now or pay more in the near future" in regard to street improvements. The Director of Public Services also explained the Estimated Cost Chart, which does not attempt to project for inflation and assumes the special assessment rate will increase for inflation. She said the bonds are for ten years, so it will take ten years to reach a plateau of levy for debt service. The current unit assessment is $1,550. The cumulative levy increase over five years would be $750,000. If Council is willing to accept the levy increase, there is no need for a change. If Council is unwilling to accept the levy increase, the only funding option is higher level special assessments. If the assessment were increased from $1,550 to approximately $2,000, there would be a substantial reduction in the levy in the long run. The City Manager said the impact per household would be about $2. He added other committees, such as the water management task force, have mentioned a special assessment should be considered because the utilities fund will not be large enough. The earlier in the process this increase is done, the better. Councilmember Mann asked whether bonding will be necessary if 1995 projects are begun with 1994 assessments. The City Manager said no city has the fiscal capacity to handle projects such as these without bonding. There was a discussion of capacity and legal debt margin. The Finance Director said taxes and special assessments will be needed, but the City has the ability to handle the projects. Councilmember Rosene commented he had always disagreed with special assessments but now sees they are justifiable in that the resident taxed recognizes direct benefit. However, with inflation, in 20 years the $1,550 will not be adequate. He suggested indexing $1,550 and tying it to the CPI so it is equal. The City Manager said that is current policy. The goal is 25 percent to 30 percent of a project's cost be paid by special assessments and some will be higher. Every year the rate is increased based on construction costs. Councilmember Rosene asked what avenues of savings there are. He was told less spending on rebuilding storm sewers and street maintenance. Mayor Paulson asked for the dollar cost to be quantified. The City Engineer said the backlog was cut by $18 or $19 million with this program due to systematic maintenance. The City Manager added the Pavement Management Program (a computer tool) was just 7/18/94 -6- received approximately six weeks prior to this and quantifying will be worked on. The Finance Director said the program's benefit comes in the form of good streets rather than in taxes. Councilmember Rosene commented money must be spent either way. The City Engineer said if conditions get bad it will take a long time to get them back into shape. It is best to work on the "right place at the right time." Mayor Paulson stated even if money is saved, it will be used someplace else. Councilmember Scott said the savings comes from not spending more later. Mayor Paulson said there would be no savings in annual maintenance. The City Manager said there would be savings from performing less seal coating. The City Engineer said it is now understood that our current method of seal coating is not cost - effective. There had been a program of seal coating one - seventh of the streets each year. Councilmember Rosene asked how long it will take to change from $140,000 in seal coating to $100,000 in seal coating. The City Engineer said it needs to be a gradual process, perhaps over two or three years. The Director of Public Services said the savings comes from maintenance which results in less major reconstruction. Also, there is added value from the appearance of the neighborhood with street maintenance. The values of lots and properties is increased due to attractiveness and people are attracted and satisfied to stay. The City Manager said Staff will be asking for preliminary approval of the 1995 street improvement plan. He added cooperation with Brooklyn Park will be necessary in one area. Councilmember Scott stated there is a noticeable difference when driving into Brooklyn Center. There was a discussion about improving communication with Brooklyn Park and about a Minneapolis project which did not coordinate with Brooklyn Center plans. There was a discussion concerning increasing assessment percentages. The Director of Public Services said there is a stabilization program which allows the City to contribute towards assessment for residents on fixed incomes who meet certain requirements. AUDITOR'S MANAGEMENT LETTER The City Manager explained this will be opportunity for the financial Staff to respond to the auditor's suggestions and comments. The Finance Director asked whether he should respond item by item. Councilmember Mann commented she felt the first two (cash collateralization and uncollected property taxes) were already being addressed. The Finance Director agreed. 7/18/94 -7- In regard to the General Fund Programs, Councilmember Mann questioned why recreation is not in an Enterprise fund. The City Manager said the definition of an Enterprise fund is one that "makes money" or "breaks even." The recreation program was not designed to fit that definition. The City Manager continued the auditor is concerned about how Brooklyn Center is compared to other cities on the basis of the general fund. Brooklyn Center appears to be spending above the norm in the area of recreation; however, this is a result of the Community Center costs. The auditor is recommending establishing an Enterprise fund to allow for a different perception. The Finance Director added making the change to an Enterprise fund for that purpose is a temporary solution and, therefore, a non - productive approach. The City must judge how much effect the perception has when, after all, it can be explained. The City Manager pointed out the State does use the figure to criticize the City. He explained there is a new reporting system being developed. One approach might be to wait to see how the new system reports it. He also felt the subject should remain open so that the auditor can make his arguments clear. Councilmember Mann mentioned she agrees with the concept of Workers' Compensation self- insurance. The Finance Director explained the City's rates for Workers' Compensation insurance have been decreasing as it is below average due to few accidents. However, the premiums appear to be higher than the benefits. In regard to self- insurance, he stated it is risky. Essentially, the City would be saying it would pay benefits and administrative costs, but it would expect the amount to be less than currently paid in premium. There could be a year with many costs, although it is possible to build up a reserve and buy re- insurance. Also, Workers' Compensation is complicated in that there are legal and personnel ramifications. It would be necessary to hire an outside expert to administrate the plan because of the complicated nature and to aid in avoiding personal conflict. The City Manager said self- insurance would be a chance for premium savings, but would also be risky. He added there is a risk of a Council in future years being tempted to use the pool of funds built up, as has happened in other cities. Councilmember Rosene said it is a necessity to have re- insurance and to hire an administrator, but it is worth a try. He commented a resolution could be enacted to disallow future Councils from using the fund. He added the plan through the League of Minnesota Cities has been preferable to previously used private plans. The Finance Director commented the Employee Safety Committee has been worthwhile and resulted in fewer accidents. If the committee continues to work, the situation will continue to improve. II 7/18/94 -8 - Mayor Paulson asked how the general fund would be affected if a self - insurance plan is undertaken. The Finance Director said premiums would increase or decrease based on experience and they would come out of the general fund. Councilmember Rosene asked whether incentives could be used to encourage safety. The City Manager said there are legal limits to that practice. The employee committee is the most effective approach; however, inducements such as prizes and recognition are being considered. Councilmember Rosene suggested a plan similar to an earlier gimmick of extra vacation time for unused sick leave. The City Manager said those ideas are under consideration. The Director of 'Public Services cautioned employees must still be encouraged to file accident or injury reports. She cited instances where a seemingly insignificant injury became more serious at a later date. The City Manager said the issue of self - insurance will continue to be studied. .There is a long timelime between the next budget approval and the next audit report. The Finance Director agreed. Mayor Paulson agreed all the information should be looked at slowly and carefully. The City Manager added the initial years of a self- insurance program are the years of greatest risk. RFP FOR AUDITOR The Finance Director explained if a Request For Proposals (RFP) in regard to auditing is to be done this year, this is the proper timing to begin the process. He suggested a schedule of one month to write specifications for approval in August, mailing of specifications and receipt of responses by late September, interviewing in October, and selection of an auditor in November. He explained Deloitte & Touche have prepared seven audits for Brooklyn Center. They recently submitted a proposal for a three -year extension of their services. The Finance Director said Staff would be comfortable with the Council's choice to retain Deloitte & Touche or to send out an RFP and hire a different auditor. Councilmember Rosene questioned where Deloitte & Touche's rate of $25,500 falls on the range of services and what the City receives for that amount. He commented the City is in good shape due to the work of the Staff, but added a different firm might bring a new perspective. The City Manger commented the auditor is a check on the Staff and it is not advisable to use the same firm every year since the auditor is familiar with the people and may not look closely enough. Larger auditing firms solve this concern by rotating auditors. Deloitte & 7/18/94 -9- Touche has rotated auditors but assigned one who is familiar with the City, which saves time in initiating the new auditors. Using the same firm for 20 years would be too long; using the same firm for 7 years is not a maximum amount of time. The Finance Director reviewed the probable responses from issuing an RFP. He said Council could expect a response from two or three national firms and three or four local firms. He compared the advantages and disadvantages of using small or large firms, including the fee larger range. The fee of $25,500 is the high end and would come from g g. firms. Smaller fees might also indicate less time spent on the audit, less checking, and would probably mean the same auditors, leading to the familiarity concern. The Finance Director added a "big name" from a national firm also may affect the bond rating. The larger firms can afford specialists to answer questions, often at no additional charge. Councilmember Mann asked whether most national firms would be around the $25,000 figure. The Finance Director said it is a bidding situation but there would probably not be a major difference. Councilmember Scott commented nitpicking is better than complacency. In regard to Deloitte & Touche, she said she liked their rotation of auditors, was comfortable with them and doesn't feel they have been used too long, but doesn't mind in an RFP is sent out. The City Manager said three more years with Deloitte & Touche would be acceptable but at that point the association will reach ten years, which is too long. Councilmember Rosene questioned what Councilmember Kalligher had said in regard to the issue. The City Manager said she had left no response. The City Manager said direction is needed now if Council wants an RFP sent out. Councilmember Rosene said he is reluctant to go through an RFP. Mayor Paulson said it wouldn't hurt to do an RFP and see what firms are available, and maybe some money could be saved. He also said the process should not be started if the Council has a closed mind on the issue. He said the process might end in the re- selection of Deloitte & Touche but the best reasonable price should be determined. The City Manager noted the practice of a City sending out an RFP on auditors is normal and Deloitte & Touche would not be offended if the Council took this route. Councilmember Scott stated she would not agree with habitually sending out an RFP every two or three years. t Mayor Paulson said if the decision is put off now there will be more stress the next time. 7/18/94 - 10 - Councilmember Mann said she would be comfortable whether or not an RFP is sent out, but does prefer a national firm to a local firm. The City Manager stated the Council should keep an open mind if the process is started. The Finance Director agreed and added some local firms are qualified and should not be ruled out quickly. The Finance Director stated one criteria for the specifications should be the firm have a minimum number of other municipal clients. Mayor Paulson asked whether the specifications could include the firm would help in development of program budgets. The City Manager said that was a good idea. Also, the auditor should not hesitate to come forward and criticize when necessary. As a resource, a good auditor is difficult to put a dollar value on. The City Manager asked for direction from the Council. Council directed an RFP be initiated. The Finance Director asked how involved the Council would like to be in the selection process. Mayor Paulson said the Council wants to be more involved than usual. Maybe one or two councilmembers could serve in determining the selection and scope of services. The City Manager said Staff will present a range of choices to the Council. Councilmember Rosene stated he would like the financial commission to be involved in the process. The City Manager agreed. Mayor Paulson asked that a draft of the mission statement be placed on an agenda. The City Manager said a Council work session would probably be the beginning step. ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:27 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 7/18/94