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HomeMy WebLinkAbout1993 01-25 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 25, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Public Works Coordinator Diane Spector, and Council Secretary Nancy Berg. OPENING CEREMONIES Helen Jacobson offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Mayor Paulson asked that items 10a and 10b be removed from the consent agenda. APPROVAL OF MINUTES JANUARY 11, 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of January 11, 1993, regular session as printed. The motion passed unanimously. 1/25/93 - 1 - RESOLUTIONS RESOLUTION NO. 93 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) POLICE SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF A LOCAL AREA NETWORK HUB AND A LASERJET IV PRINTER The motion for the adoption of the foregoing resolution was _duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -08 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) ROTARY MOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -09 Member Celia Scott introduced the following resolution and moved its adoption: 1/25/93 -2- I RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 9 FOOT ONE STAGE SNOW BLOWER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Couneilmember Kalligher to approve the following list of licenses: GASOLINE SERVICE STATION Northern States Power 4501 68th Ave. N. Osseo Brooklyn Bus Co. 4435 68th Ave. N. U.S. West 6540 Shingle Ck. Pkwy. POOL AND BILLIARDS TABLES American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 North Lilac Dr. RENTAL DWELLINGS Initial: Lee Ketelboeter 4207 Lakeside Ave. #338 Renewal: Earle Brown Commons 6100 Summit Dr. N. Village Properties Evergreen Park Manor Gary Brummer River Glen Mr./Mrs. Joseph Maddy 5540 Aldrich Dr. N. Boyer Palmer 6101 Beard Ave. N. Curtis /Audrey Cady 6915 Brooklyn Blvd. Ralph T. Guimont 5903 Halifax Pl. N. Julia Paulson 5315 Knox Ave. N. Gary Scherber 4708 Lakeview Ave. N. Roland Scherber 4714 Lakeview Ave. N. Richard Bergstrom 5400 Russell Ave. N. Henry R. Johnson 6736 Scott Ave. N. ROI Properties, Inc. 6908 Unity Ave. N. Swanson Investments 7230 West River Road Swanson Investments 7250 West River Road Howard/Harriet Oien 3606 58th Ave. N. Eugene W. Hess 3218 63rd Ave. N. 1/25 -3- Leo J. Vogel 2841 67th Lane George T. Hanson 1510 69th Ave. N. Ruth Kalanquin 5348 70th Circle TAXICAB Town Taxi, #53 2500 Washington Ave. N. TOBACCO RELATED PRODUCT American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 North Lilac Dr. Jerry's NewMarket 5801 Xerxes Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) Mayor Paulson introduced Donald Gilbert and Dennis Snook and presented each with a plaque expressing the City's recognition of and appreciation for their dedicated public service and especially for their service on the Brooklyn Center Charter Commission. RESOLUTION NO. 93 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DONALD GILBERT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -11 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DENNIS SNOOK The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PRESENTATIONS ADA ACCESSIBILITY STUDY RESULTS The City Manager presented the Americans with Disabilities Act (ADA) report by Julee Quarve- Peterson. He explained the City of Brooklyn Center had contracted services with Ms. Quarve- Peterson of julee quarve peterson, inc. Oqp) to conduct an accessibility evaluation of City of Brooklyn Center properties and facilities in order to determine the 1/25/93 -4- i i City's compliance with the Americans with Disabilities Act. He further explained an employee committee would be using the information from the jqp evaluation to develop a plan with priorities, cost estimates, and funding sources. Ms. Quarve- Peterson, jqp, presented the ADA accessibility study results to the Council. Ms. Quarve- Peterson briefly explained the City of Brooklyn Center requested the study to evaluate its buildings and sites for compliance with applicable laws, codes, and design guidelines pertaining to access. She further stated the City of Brooklyn Center is required to comply with specific state and federal laws which mandate all barriers to discrimination be removed to provide persons with disabilities equal opportunity. Ms. Quarve- Peterson pointed out the report classifies the suggested improvements as proactive, short term, and long term. She explained the proactive shows areas which can be addressed now at little or no cost to the City; the short term addresses areas which might need more planning but often times can be accomplished by staff without outside consultants or contracts; and the long term items should be factored in when making future design changes or when preparing new budgets. She further stated the City's total cost should be less then those quoted for other suburban communities because of the City's past efforts in this area. Councilmember Scott thanked Ms. Quarve- Peterson for the detailed summary. She also thanked Ms. Quarve- Peterson for visiting each facility personally and for facilitating the meeting with the community. Mayor Paulson asked Ms. Quarve- Peterson for an estimate of the proactive items. Ms. Quarve- Peterson answered she did not have an estimate, but the employee committee will provide an estimate after their review of the study. Mayor Paulson thanked Ms. Quarve- Peterson for the report. The City Manager presented a Resolution Amending the General Fund Budget to Provide Professional Services to Develop a Transition Plan for Compliance with the Americans with Disabilities Act. He explained the resolution would authorize appropriation of $5,000 to develop and implement a Transition Plan. He asked that jqp be asked to critique the plan once it was developed. The City Manager stated the re- striping of the parking lots would be accomplished at no further cost to the City, but the suggestion of limestone paths in the parks could be a problem. He explained limestone tends to wear away, and the improvements to the park paths may have to be blacktopped and such an improvement would require an engineer's study. The Director of Public Works explained staff would need to identify the items the employees would be able to implement and the items which would have to be placed in the budget. 1/25/93 -5- i Ms. Quarve- Peterson complimented the City on its past efforts over the years to address accessibility and making a conscious effort to make facilities accessible. RESOLUTION NO. 93 -12 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE GENERAL FUND BUDGET TO PROVIDE PROFESSIONAL SERVICES TO DEVELOP A TRANSITION PLAN FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The motion for the adoption of the foregoing resolution was dul r � g y sccondcd b member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS COMMITTEE OF THE WHOLE MEETING SCHEDULE Mayor Paulson asked this matter be tabled until the end of the meeting as Councilmember Rosene was not present at the meeting due to teacher /parent conferences. APPOINTMENT OF COUNCIL MEMBER TO TRI CITY AIRPORT COMMISSION The City Manager presented the appointment of Council member to Tri City Airport Commission. He explained that Mayor Paulson had received a letter from the Tri City Airport, Commission informing Council of the need to appoint a new council representative. Councilmember Mann stated her home is located under the flight pattern of the Crystal Airport and she would be happy to serve on the Tri City Airport Commission. There was motion of on b Councilmember Kalli her and seconded b y g y Councilmember Scott to approve the appointment of Councilmember Mann to the Tri City Airport Commission by Mayor Paulson. The motion passed unanimously. ADMINISTRATIVE POLICY AND PROCEDURE FOR WATER SHUT OFFS The City Manager presented the administrative policy and procedure for water shut offs. He explained City Ordinance 4 -202 provides that water service to any Brooklyn Center water utility customer may upon reasonable notice be discontinued for nonpayment of individual accounts. He further explained the administrative hearing process was new and provides residents with the right to demand an administrative hearing before the Council to show cause as to why their water should not be shut off. The Public Works Coordinator introduced the four steps involved in the administrative hearing process: 1/25/93 -6- 1. The customer has eleven days from the date of the blue notice to demand a hearing. If no such demand is received by the Monday before a regularly scheduled meeting, then it is assumed the customer waives rights to this hearing. The customer will be "red tagged" for shut off. 2. If a written, signed demand for a hearing is received by the due date, then an administrative hearing will be added to the agenda. 3. Staff will prepare a "Request for Council Consideration" which will detail the facts of the case. This report will be made available to the customer prior to the hearing. 4. At the hearing the burden is on the customer to show cause as to why water should not be shut off. If after the hearing the Council determines otherwise, or desires additional information to be discussed at a continued hearing, then that customer's property will be removed from the list scheduled for shut off. Councilmember Scott was amazed to learn there were over $30,000 in delinquent utility charges and almost $19,000 of unpaid final bills. She stated the Council needed to do something like this a long time ago. Councilmember Mann asked why there are two different shut -off policies -- one for rental property, and one for private property. The Public Works Coordinator answered it was really only different in the final billing as the City cannot shut off the water if the responsible party has moved from the rental property. Mayor Paulson asked if other cities use such a policy. The Public Works Coordinator answered yes, many cities have similar policies. Mayor Paulson asked if the other cities experienced a large demand for administrative hearings. The Director of Public Works answered the other cities reported very few requests for administrative hearings. Councilmember Kalligher asked if it was normal to have $30,000 in delinquent utility charges. The Finance Director answered yes it was normal, and further explained if residents request a payment plan, the City works with them to set up a plan. He also explained "delinquent" meant only that the accounts remained unpaid 30 days after billing and will be collected. The City Manager presented a Resolution Adopting an Administrative Policy and Procedure for Water Shut Offs. RESOLUTION NO. 92 -13 Member Celia Scott introduced the following resolution and moved its adoption: 1/25/93 -7- RESOLUTION ADOPTING AN ADMINISTRATIVE POLICY AND PROCEDURE FOR WATER SHUT OFFS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. CORRECTION OF SPECIAL ASSESSMENTS COLLECTION ERROR 1988 LEVY NUMBERS 11071 AND 11072 The City Manager presented a correction of special assessments collection error, 1988 levy numbers 11071 and 11072. The Director of Public Works explained in 1988 the Council certified two special assessment levies for improvement project 1988 -H. These levies were certified for collection over ten years. He further explained Hennepin County had recently discovered, due to a clerical error on the City's part, it had been collecting these levies using a 20 year payment schedule. Councilmember Scott asked if the affected residents had been notified of the error. The Director of Public Works answered no, the residents would be notified after the Council takes action. Councilmember Scott reminded Council the improvements were initiated by the City Manager not by a majority of the residents. She further stated many of these residents are senior citizens who may be unable to pay a higher amount. Councilmember Scott felt the error was made by the City and recommended the Council approve Option 2 which would continue the assessments on the 20 -year payment schedule and collect the principle over the next 16 years. Councilmember Scott asked staff to notify residents of the situation and explain if they wanted to prepay, they would have that option. The City Manager agreed the prepayment policy would be explained to the residents. RESOLUTION NO. 92 -14 Member Celia Scott introduced the following resolution, Option 2, and moved its adoption: RESOLUTION DIRECTING THE HENNEPIN COUNTY AUDITOR TO CORRECT THE COLLECTION OF SPECIAL ASSESSMENT LEVY NUMBERS 11071 AND 11072 The motion for the adoption of the foregoing resolution, Option 2, was duly seconded by member Kristen Mann, and the motion passed unanimously. PAUL BENSON EASEMENT ENCROACHMENT PROBLEM The City Manager presented the Paul Benson Easement Encroachment Problem. He explained the City Attorney had been working with Mr. Benson and his bank to resolve the easement encroachment problem so Mr. Benson would be able to obtain financing for his home. 1/25/93 _ g _ i The City Attorney explained he had prepared an agreement under which Mr. Benson would agree to indemnify the City for damages arising out of work on the sewer pipe by the City. He stated this obligation would run with the land and would bind future owners of the property so the City would continue to be protected in the future. He explained the obligation would be excused under this agreement if the mortgagee forecloses on the mortgage. Therefore, the City would lose this protection in the event of foreclosure of Mr. Benson's mortgage. Paul Benson, 5817 Pearson Drive, stated the agreement was a compromise which would allow him to obtain a mortgage on the property. He asked the Council to accept liability as he believed the encroachment problem was the result of an error by the City. The City Manager recommended the Council approve the agreement as prepared by the City Attorney. The City Attorney explained a vacation proceeding would have to follow the execution of the agreement. The City Manager recommended the Council waive the fee for the vacation proceeding. There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the Covenant of Release, Waiver and Indemnification agreement as prepared by the City Attorney, to waive the fee for the vacation proceeding, and to prepare the ordinance for first reading. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager presented the legislative update for the Council's review and discussion. RESOLUTIONS (CONTINUED) The City Manager presented a resolution supporting enabling legislation allowing municipalities to establish transportation utilities. The Director of Public Works explained the transportation utility was essentially looking at ways to provide funding for city street improvements through "user fees." He quoted the November 1992 Minnesota Cities newsletter: The use of user fees for utilities and infrastructure is a basis for cities to be given authority to implement a transportation utility fee. Councilmember Scott asked which Legislator would be introducing this bill. The Director of Public Works answered he did not know, however a number of legislators were interested in this bill. Councilmember Scott asked if the AMA had adopted the transportation utilities as part of their policy platform. The Director of Public Works answered yes, and also the League of Minnesota Cities and the Minnesota Transportation Alliance had adopted such a resolution. 1/25/93 -9- Mayor Paulson recommended the resolution be changed to include item No. 3 under the Now, Therefore, in Resolution No. 92 -87 as item No. 4. Item No. 4 of the Now, Therefore would read: 4. This City recommends that legislation which would authorize cities to establish Transportation Utilities include authorization to utilize funds from that source for improvements to the mass transit system which are of direct benefit to city residents. Mayor Paulson also asked the resolution be changed by deleting the word "facilities" in No. 2 of the Now, Therefore, and replacing with the word "improvements." RESOLUTION• NO. 92 -15 Member Celia Scott introduced the following resolution with the recommended changes and moved its adoption: RESOLUTION SUPPORTING ENABLING LEGISLATION ALLOWING MUNICIPALITIES TO ESTABLISH TRANSPORTATION UTILITIES The motion for the adoption of the foregoing resolution with the recommended changes was duly seconded by member Barb Kalligher, and the motion passed unanimously. DISCUSSION ITEMS (CONTINUED) COMMITTEE OF THE WHOLE MEETING SCHEDULE The City Manager presented the Committee of the Whole meeting schedule. He explained from a staff perspective, the major problem with a Committee of the Whole meeting preceding the regular City Council meetings would be the loss of the work session meetings which would allow the Council to discuss items which were not agenda orientated and more long term in nature. He pointed out there would be additional staff work involved to take informal minutes of these meetings and to prepare for the meetings. Councilmember Scott stated she was concerned about losing the work sessions. She also informed Council she had received calls from residents requesting these meetings be cable cast. She suggested moving the regular Council meetings to Tuesday nights which would give Councilmembers an additional day to review the agenda or ask staff to deliver the agenda packets on Thursday evenings rather than Friday evenings which would give Councilmembers the opportunity to contact staff with questions on both Friday and Monday before the meeting. Mayor Paulson did not believe it was Councilmember Rosene's intent to replace the work sessions. Mayor Paulson wanted to retain the work sessions, and suggested the Council schedule a work session right away to discuss the idea of a Committee of the Whole meeting 1/25/93 -10- schedule. He recommended scheduling a work session for Monday, February 1, 1993, to set up Council priorities and schedule. Councilmember Kalligher stated she had also received phone calls from concerned residents who were afraid the Council would discuss everything at the Committee of the Whole meetings, which would not be cable cast, and then pass everything on the consent agenda without any discussion during the regular Council meetings. She agreed there was a need to set a work session to discuss this matter further. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to set a work session of the City Council at the Earle Brown Heritage Center on Monday, February 1, 1993, at 7 p.m.. The motion passed unanimously. 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 8:45 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg TimeSaver Off Site Secretarial 1/25/93