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HomeMy WebLinkAbout1996 01-24 CHCACity of Brooklyn Center A great place to start. A great place to stay. BROOKLYN CENTER CHARTER COMMISSION JANUARY 24, 1996 7 P.M. CITY HALL ANNUAL MEETING AGENDA CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF NOVEMBER 15,1995, MINUTES 4. APPROVAL OF ANNUAL REPORT 5. APPROVAL OF AUDIT REPORT 6. NOMINATING COMMITTEE REPORT 7. ELECTION OF OFFICERS A. CHAIRPERSON B. VICE CHAIRPERSON C. SECRETARY 8. APPOINTMENTS A. AUDIT CHAIR B. PUBLIC RELATIONS CHAIR C. RULES/PARLIAMENTARIAN PROCEDURES CHAIR 9. SALARY FOR ADMINISTRATIVE ASSISTANT 10. CORRESPONDENCE A. JANUARY 13TH LETTER TO SUNPOST RE: TONIGHT'S MEETING AND AVAILABILITY OF COMMISSION MINUTES AND AGENDAS B. DECEMBER I ST LETTER TO SUNPOST RE: PUBLISHING VACANCY C. NOVEMBER 27TH LETTER FROM CHIEF JUDGE BURKE RE: VACANCY D. OTHER 11. OLD BUSINESS A. MEMBERSHIP STATUS 12. NEW BUSINESS A. ADOPT -A -PARK RENEWAL B. JOINT MEETING OF CITY ADVISORY GROUPS C. SUB COMMITTEE REPORT ON CITY COUNCIL/CITY MANAGER RELATIONSHIP AND RESPONSE FROM MAYOR KRAGNESS 13. MEETING DATES FOR 1996 (FEB. 28, MAR 27, APR 24, MAY 22, JUNE 26, AUG 28, SEPT 25, OCT 23, NOV 20) *PLEASE CONTACT CAROLE BLOWERS AT 560 -0421 IF YOU CANNOT ATTEND 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action/Equal Opportunities Employer BROOKLYN CENTER CHARTER COMMISSION 1995 ANNUAL REPORT Inkly 51 6 0:0 1 "R3 During 1995, the following members resigned: Marie Nyquist, Bev Wolfe. New members appointed to the commission are: Carl Wolter, Janice Thielson, Todd Paulson, Byron Brekke, Sy Knapp, and Eric Marquardt. The membership currently stands at fourteen members, with a full roster being fifteen members. 2. ELECTIONS AND APPOINTMENTS FOR 1995 Elections: Chairperson Eileen Oslund Vice Chairperson Tim Willson Secretary Diane Swanson Appointments: Audit Chairperson: Tony Kuefler Public Relations Chairperson: Rod Snyder Rules Parhamen- tarian: Bev Wolfe Adopt -A Park Chairperson: Diane Swanson 3. COMMISSION STUDIES AND ACTIONS FOR 1995 Council/City Manager Relationship Regarding Goal Setting and Performance Evaluation of City Manager: The commission studied the Charter as it related to Council/City Manager relationship, discussed the current council/manager relationship, interviewed former members of the City Council, and the Acting City Manager as a part of the information gathering on this item. In addition, Commission members received a copy of the latest edition of the Mgdel Ci CILrt r as a reference on this study. The discussion of City Council/City Manager relationship regarding annual goal setting and performance evaluations included what did we want to see changed, whether a charter amendment was the means to change, and what the alternatives to a charter change might be. Action on this study was to form a sub committee to list the points of discussion as succinctly as possible, and after further reactions by the commissioners, to send a letter to the City Council and the new City Manager, listing the proposed steps that might lead to performance reviews of the City Manager based on established goals and objectives. The commission continued its participation in the Adopt a Park Program under the direction of Commissioner Swanson. The full Charter Commission met nine times in 1995. 4. Sub Committee Activity: There were four sub committees appointed in 1995: Sub Committee of the Commission as a whole under Chairman Snyder explored the City Council/City Manager Relationships in terms of annual goal setting and timely performance reviews. Sub- Committee on defining steps in goal setting and performance reviews was co- chaired by Commissioners Kuefler and Willson. Sub Committee on updating Rules and Procedures was chaired by Commissioner Wolfe. Nominating Sub Committee was chaired by Commissioner Oslund. Respectfully submitted, Eileen Oslund Chairperson Brooklyn Center Charter Commission 1031 City of Brooklyn Center A great place to start. A great place to stay. January 11, 1996 Tony Kuefler Charter Commission Audit Chair 5943 Abbott Avenue Brooklyn Center, MN 55430 Dear Mr. Kuefler, At your request as Audit Chair of the Brooklyn Center Charter Commission, I have listed below the expenditures charged to the Charter Commission budget appropriation during 1995: Date Pavee Amount Pumose 02/28/95 Viking Trophies 85.95 Plaques 03/23/95 Carole Blowers 223.08 Secretarial Services 05/31/95 National Civic League Press 51.20 Misc. Publications 05/31/95 Carole Blowers 139.73 Secretarial Services 06/30/95 08/31/95 Carole Blowers 337.93 Secretarial Services National Civic League Press 181.00 Model City Charter 11/22/95 Carole Blowers 367.87 Secretarial Services 12/31/95 Carole Blowers 188.21 Secretarial Services $1.574.97 -7 The Commission 7 k- expended $1,574.97 a ainst�t le 4 p g 95 budget appropriation of $1,500. Sincerely, Tim J hnson Asst. Finance Director 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer BROOKLYN CENTER CHARTER COMMISSION NOMINATION SUB COMMITTEE DECEMBER 2, 1995 CONFERENCE ROOM B 11 A.M. Present: Todd Paulson, Byron Brekke, and Eileen Oslund Members of the sub committee discussed various persons for the positions of Chair, Vice Chair, and Secretary for 1996. After discussion, it was decided that the following names will be placed into nomination for: Chair for 1996: Tim Willson Vice Chair for 1996: Carl Wolters Secretary for 1996: Diane Swanson. n �J All parties will be contacted to be certain they are willing to serve in these capacities. Respectfully submitted, Eileen Oslund Chair Nominating Sub Committee BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE MEETING ON CITY MANAGER -CITY COUNCIL RELATIONSHIP NOVEMBER 15, 1995 CONFERENCE ROOM B 7:25 P.M. Members present: Ulysses Boyd, Byron Brekke, Sy Knapp, Tony Kuefler, Eric Marquardt, Eileen Oslund, Todd Paulson, Rodney Snyder, Tim Willson, Beverly Wolfe, and Carl Wolter Rod Snyder passed out a nine page document outlining and summarizing activities on this topic to date. Commissioners were all given time to review the document during the meeting. Discussion then followed, reviewing each page of the document at a time. After discussion, motion was made by Tony Kuefler, seconded by Tim Willson, to establish a smaller sub committee to identify how the Charter Commission could make the relationship between the City Manager and the City Council more effective and efficient, i.e., by: 1) drafting a letter to the City Council asking them to set goals and priorities and yearly perform a formal performance appraisal on the City Manager to show growth and effectiveness; 2) preparing draft language for a possible charter change on this issue. Motion passed unanimously. No letters will be sent to the City Council until they are reviewed at the January, 1996, annual meeting. Members of the new sub committee will be Tarry Kuefler, Tim Willson, Todd Paulson, Byron Brekke, and Eileen Oslund. It was decided this sub committee will meet on Saturday, December 2, at 10:00 a.m. The room will be determined. The Nominating Committee will meet immediately after this sub committee on December 2, 1995. The Sub committee meeting ended at approximately 9:40 p.m. Respectfully submitted, i Eileen Oslund Chair BROOKLYN CENTER CHARTER COMMISSION SUB COMMITTEE MEETING ON CITY MANAGER -CITY COUNCIL RELATIONSHIP DECEMBER 2, 1995 10 A.M. CONFERENCE ROOM B Members present: Tony Kuefler, Tim Willson, Todd Paulson, Byron Brekke, Eileen Oslund The sub committee members prepared a list of four steps which outlined a process by which the council should communicate to the City Manager what is expected of him/her. These four steps were: 1. The Council and City Manager should annually establish goals and objectives for the coming year. 2. After those goals and objectives are set for the coming year, annually the Council and City Manager shall agree on performance criteria and the process on which the Manager shall be reviewed at the performance review time. 3. The Council shall hold an annual performance review with the Manager, using the criteria and process agreed upon for that year. 4. The Manager's annual performance review shall be a significant consideration in determining the Manager's salary and contract term. The sub committee members then drafted a letter to the Mayor and City Council and the new City Manager. It was decided to mail this letter to the Charter Commission members, asking for their comments and/or input to the letter before it is sent out. If comments and input from Charter Commission members are received, the sub- committee will meet again to discuss those before sending out the letter to the Mayor and City Council. Respectfully submitted, SUB COMMITTEE ON CITY MANAGER/CITY COUNCIL RELATIONSHIP cb BROOKLYN CENTER CHARTER COMMISSION December 4, 1995 Dear Commissioners: The subcommittee on 'working relationships between the City Council and the City Manager' met last Saturday. After discussion on the two issues identified by the commission -as -a- whole, we decided that the letter to the City Council was a priority and that the second direction, which was to find wording and placement for an amendment to the City Charter would be contingent on the response from the City Council. Timing on this issue is of utmost importance. Therefore, in lieu of a December meeting, we are using this communication including: I A draft of a letter to the City Council and the new City Manager. 2. A list of the points that the Commission -as -a -whole have discussed as pertinent to this issue. Here is what we ask ofvou: If you agree with the contents of the letter and the list, please notify any one of the committee members. or If you disagree with any points in the intent, the wording or the sequence, or feel the committee should add or delete any points, please contact any one of the committee members and also send your proposed changes (in print form) to them by December 15th. (See PHONE, FAX, and EMAIL numbers listed below). The committee will then consider any changes, and all commissioners will be informed of major changes in the intent or the wording of the communication, prior to it being sent to the City Council and new City Manager. The committee hopes to get the information to the Council Members and the City Manager by the end of December. Sincerely, t C-/ Eileen Oslund, Chair I 6 Charter Commission Sub Committee Members Numbers Tim Willson Phone 566 -0423 Fax 566 -7448 Email tim.willson- lgaumn..edu Tony Kuefler 561 -3251 561 -3251 ynoMec7 Todd Paulson 561 -3834 Byron Brekke 560 -9565 bbrekkeeaol.com 10 BCHART2. WPS;12 /4/95;tk DEC -13 -95 WED 17:15 BOLTON MENK, INC. FAX NO. 6128908065 P.01 FAX FORM DATE: 11-M-f-Ir TO: COMPANY: FAX NO: FROM: NUMBER OF PAGES TO FOLLOW: ,0 z ov IX" 4 j e' 1 ,0 DEC -13 -95 WED 17:15 BOLTON MENK, INC. FAX NO. 6128908065 P.02 FAX FORM DATE: 1.-v 4� TO: cOMFAN 1 �s FAX NQ_vs FROM: FOLLOW: NUMBER OF PAGES TO A lz 1, a 1�J I� MEM TOMM THYrxltt Notes: Fax from Carl Wolter. My wife mentioned you may have gotten a fax also and wish to send it to me. If so go ahead the fax is running. tw Created using PROCOMM PLUS 2.0 for Windows M301 Fast FAX !Halt To: Tony Kuefler Company: At: 1612561 -3251 From: Tim J. Willson F as Company: Voice: 566 -6423 Date: 12/13195 RM Time: 6:1 0PM Pages Including Cover: 2 Notes: Fax from Carl Wolter. My wife mentioned you may have gotten a fax also and wish to send it to me. If so go ahead the fax is running. tw Created using PROCOMM PLUS 2.0 for Windows M301 Fast FAX !Halt a G CA1 INJAW i�0ifr iii MhR R. Carl Wolter 6807 Willow Lane Brooklyn Center, MN 55430 612 -561 -5267 10 December 1995 Tim Wilson, Tony Kuefler, Todd Paulson, Byron Brekke Charter Commission Sub- Committe Member In the "list of the points..." I would like to see something like the following added: IT IS THROUGH THIS PROCESS THAT THE COUNCIL RELATES TO THE MANAGER WHAT IS EXPECTED. As it is currently written, it appears that the Council and the Manager are on an equal plane. It is important that the Council have the employer role and the Manager the employee role. Perhaps it would also be prudent to reiterate that the Manager serves at the will of the Council. I thank you all for the additional time you have been putting in on this matter. R' Sincerely &41 ?VO4ft is BOLTON NENK, INC. FAX NO. 6128908065 MEMORANDUM DATE: TO: Tim Willson Tony Kuefler Subcommittee members Todd Paulson Byron Brekke DEC -13 -95 WED 17,16 FROM: December 13, 1995 Eileen 0slund Chair, Charter Commission Sy Knapp. Commissioner Your Letter and Enclosures dated 1.2/4.95 1' 1 Regarding your draft materials I respectfully submit the following comments: 1. 1 am in general agreement and support of the 4 -part process for establishment of City Council/City Manager relationships as outlined in your draft submittal, and agree that this defines a way to define the goals and objectives of that relationship. 2. Unfortunately, setting up such a process on paper (whether by motion, resolution, ordinance or charter amendment) does not assure that the process will work. To give the process a "better chance" for working. I'd like to include a recommendation that the City Council consider employing a neutral third party (possibly somebody from the LMC, or a public management consultant) to provide assistance in team building, conflict resolution and /or mediation, when the council considers such assistance is approp riate. Note: In a conversation which I had with City Attorney Charlie LeFevere, he noted the fallowing: V City Attorneys almost always work closely both with the City Council and the City Manager. Hence, they would usually find themselves caught in the middle between the two parties; and Few attorneys' are experienced in goal settling or conflict resolution. 3. 1 continue to have serious misgivings about the thought of amending the charter to mandate the format for City Council /City Manager relationships and believe this is a matter which needs to be accomplished by City Council action. In my conversation with Mr. LeFevere, he advised me that while "its not illegal (to include such provisions in the charter) he does consider it to be "inappropriate He also noted there's no such provision m the state law which prescribed the charters for Plan B Statutory Cities. According, I suggest that the wor4i "or by City Charger amendment" be deleted from the end of the fourth paragraph of your draft cover letter, thereby not giving the council the option of bouncing the issue back to our commission. At the same time, I see no problem in offering to have our Commission prepare a more detailed draft of a policy for considcratian by the Council. DEC -13 -95 WED 17;17 BOLTON MENK, INC, FAX NO, 6128908065 P,04 4. Regarding performance evaluations, and termination proceedings relating to the City Manager, my discussion with Mr. LeFevere helped me to understand that these are really two separate issues, governed by two separate sets of rules, ie: V Regarding Performance Evaluati Minnesota Statutes 471.705 (d) provides the following: "A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. Note: It is my understanding that the confidentiality of this process is protected by Data Privacy laws. y/ Regarding termination. the Brooklyn Center City Charter provides that if the City Council decides to terminate the City Manager's contract, the City Manager ma demand a public hearing on the matter following the council's decision to terminate the contract. In Summary It's my opinion that if the City Council is given the message that its up to them to set up the process and are offered assistance (but not a mandate) in doing o, then the best climate is established for them to 1) be a part of it, 2) understand it, and 3j follow it. Thank you for your work in this matter and for providing us with the opportunity for review and comment. i Sincerely, Sy Knapp FROM :MBE 2108 1612 560 1014 1995.12 -21 Ip December 20, 1995 Charter Commission Chair Eileen aslund Sub Committee Commissioners Tim Willson Tony Kuefler Todd Paulson Byron Brekke Dear Fellow Commissioners: 14-01 #179 P.01f01 I wish to thank you for the sub-committee's excellent work reflected in the December 4 report. You have, in my judgement, identified a proposed course of action and timing most appropriate, given the new City Managex's impending arrival. The proposal of paragraph four appropriately brings us back to last spring's ageement by the Council and the Commission to jointly pursue the issue as framed in paragraph one. Given the pressure of time and the Holiday period, I can live with the present letter and outline drafts. At the same time, I respectfully offer the following concepts for the Sub- Cornmittee's consideration (proposed changes underlined): A. Letter paragraph three, line two ...City Council to beizin the implementation of a more formal....." Reasoning: Commissioners recognize from our. study td` -date that the issue is very complex. This simple change precludes a misunderstanding that there is a simple fix. B. Outline- -1-- "To facilitate a common focus of priority expectations. the City Council and..-.." Reasoning_ establishes the reason. C. Outline--2, line 2 "...agree on the performance Criteria upon which and the process by which the City Manager shall be reviewed.... Reasoning: mutual agreement of the process is as important as the criteria. D. Outline -3, line 2 using the tsrocess and the Performance Criteria....:' Reasoning: congruence with "C" above. [Respectfully, 1' Rodney L. Snyder, Commissioner BROOKLYN CENTER CHARTER COMMISSION SUB COMIVITTTEE MEETING ON CITY MANAGER -CITY COUNCIL RELATIONSHIP DECEMBER 21, 1995 7 P.M. CITY HALL Members present: Tony Kuefler, Tim Willson, Byron Brekke, Eileen Oslund The sub committee received comments from three commissioners on the letter /four step process which was sent out to all commission members since the meeting on December 2, 1995. Commissioners Wolter and Snyder attended the meeting tonight to discuss their comments. The sub committee also discussed a written response received from Commissioner Knapp. Considering the all the comments received, the sub committee revised the letter to the Mayor and Council. The revised letter will be sent out to the Mayor and Council, and Charter Commission members will all receive copies of the final letter with the four step list of issues. Respectfully submitted, SUB -COM 1ITTEE ON CITY MANAGER- COUNCIL COUNCIL RELATIONSHIP cb City of Brooklyn Center A great place to start. A great place to stay. BROOKLYN CENTER CHARTER COMMISSION December 23, 1995 Dear Commissioners, The Subcommittee on working relationships between the City Council and the City Manager met December 21st to consider the changes proposed by some of the Commissioners. k. Each proposed change was discussed by the subcommittee and the changes agreed upon are incorporated into the list of issues. We are sending the letter and the list of issues to the City Council and the new City Manager. The subcommittee thanks each of you for your review of the proposed documents and especially appreciates the input received from Commissioners Wolter, Snyder and Knapp. Sincerely, Eileen Oslund Enclosures U 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. December 22, 1995 Brooklyn Center City Offices 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Mayor, Council Members, City Manager: In the past year the Charter Commission has held discussions on the issue of City Council/City Manager relationship, regarding City Council performance reviews of the City Manager based on accomplishment of established goals and objectives. Enclosed for your consideration is an outline that the Charter Commission has identified as an approach used by many businesses and organizations to address this type of process. With the beginning of the new year and the appointment of a new City Manager, we the Charter Commission see this as a opportune time for the City Council to implement a Vlore formal approach in dealing with this issue. The Charter Commission is ready to meet with you to discuss this matter and assist in determining the best means to formalize this process ie... by City Council resolution, by City ordinance or by City Charter amendment. A. We look forward to an early response to this communication. Our sincerest best wishes for meaningful accomplishments and a harmonious working relationship for our community in the coming year. Eileen Oslund Brooklyn Center Charter Commission, Chair Tony Ku9or Tim Willson Brooklyn Charter Commission, sub- committee co- chairs 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer i BROOKLYN CENTER CHARTER COMMISSION City Council ns n CiV M anager Relatio Issue, The following steps outline a process whereby the City Council, as policy makers, communicate to the City Manager what is expected of the City Manager. 1. The City Council and City Manager shall annually establish Goals and Objectives for the coming year. 2. Annually, after setting of Goals and Objectives for the coming year, the City Council and City Manager shall agree on the Performance Criteria and Process upon which the City Manager shall be reviewed, at Performance Review time. 3. The City Council shall hold an annual Performance Review with the City Manager, using the Performance Criteria and Process agreed upon for that year. 4. The City Managers' Annual Performance Review results shall be a significant consideration in determining the City Manager's Salary and Contract Term. WK- PAPER. WPS;12 /21 /95;tk