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HomeMy WebLinkAbout2012 05-14 CCM Study 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 STUDY SESSION MAY 14, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Director of Business and Development Gary Eitel, Director of Community Activities Jim Glasoe, Fire Chief Lee Gatlin, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested discussion on Item 6c, Amend City Council Meeting Schedule to Set Date and Time of Joint City Council/Financial Commission Work Sessions Regarding 2013-2014 Budget, in particular a meeting that is scheduled the same night as the August 6 National Night Out Kickoff. City Manager Curt Boganey presented a revised schedule that would remove the August 6 meeting and combine the discussion with the July 30 meeting. Councilmember Myszkowski stated she hates to miss the general fund and property tax levy discussion but will not be able to attend the August 20, 2012, meeting. Councilmember Ryan indicated he will be on vacation July 4 to July 9, 2012. This will not interfere with budget Work Sessions,but he will be unable to attend the July 9, 2012, Council meeting. Councilmember Lasman requested the following change to the Work Session minutes of April 23, 2012: Page 1, last sentence Councilmember/Commissioner Lasman stated support to proceed with a feasibility study based on available funding and because this intersection is ranked #3 in the State for annual crash costs; however, the corridor plan will need to provide adequate exits to the eastem side (Rivefweod neighbor-hood) of visit Brooklyn Center." It was the majority consensus of the City Council to accept the change to the April 23, 2012 Work Session minutes. 05/14/12 -1- Mr. Boganey referenced handouts relating to Item 8b, An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01 and 4.02. He explained this item had previously been tabled and since the Charter Commission has made its preference known, staff recommends it be removed from the table. Mr. Boganey indicated the City Attorney has advised the City Council could take further action, if desired, and insert a Clerk's note in Section 4.02 to add clarity. The City Council indicated support to include a Clerk's note since it would provide clarity and avoid confusion. Mr. Boganey stated the City Council had initiated this Charter amendment, scheduled the hearing, and continued the hearing to allow Charter Commission comment. The Charter Commission ultimately commented that an ordinance did not need to be adopted or the Charter changed. With that in mind, the City Council cannot amend the Charter to include that language unless it is put on as a referendum. Mr. Boganey advised of actions the City Council can consider. Mr. Boganey addressed Item 8a, Charter Commission Recommendation Regarding Amendment to City Charter Chapter 9 Relating to Eminent Domain. He indicated staff received information from the Charter Commission Secretary on Friday with strikeout/highlighted new language changes based on their last meeting as follows: "The City has a 69 90 day period from the initiation (by resolution)the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by parties of interest." The Charter Commission felt these new changes addressed concerns raised by the City Council and City Attorney. Mr. Boganey explained that as of today, the City has copies of the Charter Commission meeting minutes from May 10, 2012, but it is not clear whether the new language is being submitted as a substitute for the language under consideration. Mr. Boganey advised the City Council of the options available for consideration. MISCELLANEOUS Councilmember Kleven asked if the six schools receiving the Safe Routes to School federal grants are located in the Brooklyn Center School District. Mr. Boganey explained the six schools have not yet been specifically identified but are not limited to any specific school district. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BANKRUPTCY WRITE-OFF POLICY Mr. Boganey stated this item relates to options and limitations in how the City can respond to unpaid utilities under Chapter 7 or Chapter 13 bankruptcies and staff's recommendation to deal with these situations in a more uniform and equitable fashion. Finance Director Dan Jordet presented the staff-created decision tree flowchart and describe how each scenario would be resolved whether the bankruptcy filing had been dismissed or discharged. He indicated there is currently $7,000 of unpaid utilities on properties in Chapter 7, about $3,000 attributable to properties under the same ownership and about $4,000 attributable 05/14/12 -2- to properties under new ownership since the bankruptcy was filed. Mr. Jordet reviewed the options under Chapter 13 bankruptcies, where collections occur through the trustee for the bankruptcy. In the case where all distributions are made and the utility bill remains unpaid in full,the City has the option to assess the remaining amount against the property or write it off. Mr. Jordet presented four options for policy implementation when a bankruptcy filing has been dismissed or discharged and ownership of the property has changed or has remained unchanged during the bankruptcy process. He recommended Options 1, 3, and 4. The City Council discussed the four options. It was the majority consensus of the City Council to support Option 1, to not assess unpaid utilities if the property had changed ownership during the bankruptcy process because there was no opportunity for a new owner to know of the delinquency. In that scenario, the City Council supported writing off the unpaid amount against the current fiscal period. It was noted that with this option, a new resident will not "get off on the wrong foot" with the City in being presented a bill they knew nothing about. In addition, staff resources would not be consumed in trying to collect the outstanding debt. It was the majority consensus of the City Council to also support Options 3 and 4 to either place the remaining balance back on the owner's account or assess against the property in cases where ownership remains the same during the bankruptcy proceedings. It was noted these options allow the City to recoup the debt from the same property owner. Mr. Boganey indicated staff will draft a policy for consideration by the City Council at the next meeting. ADJOURNMENT Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 05/14/12 -3- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center,Minnesota, certifies: 1 That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on May 14, 2012. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its May 29, 2012, Regular Session. v I City Clerk Mayor 05/14/12 -4-