HomeMy WebLinkAbout2007 07-23 CCP Regular Session AGENDA
CITY COLJNCIL STUDY SESSION
July 23, 2007
6:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is located at
the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Miscellaneous
3. Discussion of Work Session Agenda Items as Time Permits
4. Adjourn
CITY COUNCIL MEETING
City of Brooklyn Center
July 23, 2007 AGENDA
1. Informal Open Forum With City Council 6:45 p.m.
provides an opportunity for the public to address the Council on items which are not on the
agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used
to make personal attacks, to air personality grievances, to make political endorsements, or
for political campaign purposes. Council Members will not enter into a dialogue with
citizens. Questions from the Council will be for clarification only. Open Forum will not be
used as a time for problem solving or reacting to the comments made but, rather, for hearing
the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the meeting.
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the consent agenda and considered at
the end of Council Consideration Items.
a. Approval of Minutes
l. July 9, 2007 Study Session
2. July 9, 2007 Regular Session
3. July 9, 2007 Work Session
b. Licenses
7. Presentations/Proclamations/Recognitions/Donations
None
8. Public Hearing
None
10. Planning Commission Items
None
CITY COUNCIL AGENDA -2- July 23, 2007
11. Council Consideration Items
a. Resolution Approving Preliminary Plans for the Kylawn Park Building and
Authorizing Solicitation of Quotations for Building Demolition, Improvement
Project No. 2007-17
•Requested Council Action:
—Motion to adopt resolution.
b. Resolution Approving Change Order No. 1, Improvement Project No. 2007-05, 06,
07 08, Contract 2007-B, Riverwood Area Neighborhood Street and Utility
Improvements
•Requested Council Action:
—Motion to adopt resolution.
c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
•Requested Council Action:
—Motion to adopt resolution.
12. Adjournment
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Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM I
TO: Curt Boganey, City Manager
FROM: Camille Warley, Deputy City Clerk
DATE: July 23, 2007
SUBJECT: COLTNCILMEMBER LASMAN: Requested Change to Minutes
Councilmember Lasman requested the following change to the Study Session minutes of July 9,
2007:
Pa�e 2
Councilmember Lasman discussed her attendance at the League of Minnesota Cities Conference
where she learned of a company in Minneapolis that provides environmentally friendly cleaning
supplies and claim to be cost ���l�i�e effective. She requested that the City look into using
these types of products. She discussed a recycling program for computer monitors and
televisions along with advantages of broadband that were discussed at the conference.
Councilmember Lasman requested the following change to the Work Session minutes of July 9,
2007:
Pa�e 1
Planning Commission time should not be spent on the matter. The School District should
resolve the issue on its own and it does not have the money to s�er�e� construct or build
an Alternative Learning Center.
(�r�� indicates matter to be deleted, underline indicates new matter
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Camille Worley
From: Curt Boganey
Sent: Monday, July 23, 2007 10:12 AM
To: Camille Worley
Subject: FW: minutes
Pfease �rep�re f�r m�eti��.
From: Kay Lasman
Sent: Sunday, July 22, 2007 9:54 PM
To: Curt Boganey
Subject: minutes
Curt:
Here on my corrections:
July 9th, Study Session-under Misc.-paragraph 2-it should say cost effective not cost prohibitive.
July 9th Work session-pg. 1, 4th bullet should say that the it appears that the school district does not have the money to
construct or build an alternative learning center. (which is why they are seeking a location to lease).
Thank you.
Kay
1
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Willson and Councilmembers Lasman, O' Connor, Ryan, and Yelich
FROM: Camille Worley, Deputy City Clerk �,Q.�YI i,1� Wc� d
DATE: July 20, 2007
SUBJECT: Change to Minutes
The July 9, 2007 Regular Session minutes were distributed without the list of licenses
approved by the City Council. Please accept the attached minutes as amended.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www. cityofbrooklyncenter.org
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
JULY 9, 2007
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER 1NFORMAL OPEN FORUM,
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.rn.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
Mayor Tim Willsori opened the meeting for the purpose of Informal Open Forum.
No one addressed the City CounciL
Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open
Forum at 6:46 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember O'Connor asked that everyone take a moment of silence to ponder the part of the
Pledge of Allegiance that reads, "liberty and justice for all."
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at
7:01 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, 1Vlary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
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5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan stated in the interest of time, he had nothing to report.
Councilmember Lasman reported attending the League of Minnesota Cities Conference in Duluth
from June 2- i c ici ated in.
2 29 and d s ussed the various seminars she art
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Councilmember Yelich reporting attending a Police Ride-Along and stated he was impressed with
the professionalism of the Police Department and encouraged the City Council to take advantage of
the opportunity.
Councilmember O'Connor stated she had nothing to report.
Mayor Willson reported attending The United States Conference of Mayors in Los Angeles, CA, and
submitted a synopsis of his attendance for the record.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilme d to rove the A enda and
mber Lasman moved and Councilmember R an seconde a I
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Consent Agenda as amended, with amendments to the June 25, 2007 Regular Session minutes, and
the following consent items were approved:
7a. APPROVAL OF MINUTES
1. June 25, 2007 Study Session
2. June Z5, 2007 Regulax Session
3. June 25, 2007 Work Session
7b. LICENSES
AMUSEMENT DEVICE
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American Amusement Arcades Bloomington, MN '�j',
Theisen Vending Company Golden Valley, MN I��j
GARBAGE HAULER
Midwest Grease wood Falls MN I I
Red
T&L Sanitation Service Blaine, MN
Sanim� ato Inc. South St. Paul, MN
Walters Rec clm Refuse Blaine MN
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MECHANICAL
Brooklyn Air Heating Cooling 4254 Brigadoon Dr, Shoreview
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A. Aarons Plumbing HVAC P.O. Box 712, Chanhassen ',II
Comfort Matters Heating Cooling 10486 Kalland Lane NE, Hanover
I
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RENTAL
Renewal
6012 Zenith Ave N Hearthstone Properties
5707 Emerson Ave N Lois Frost
Twin Lake North Apts. 4500-4590 58�' Ave N TLN LA NEL
River Glen Apts. 407-607 70�' Ave N& 504-604 69�' Ave N Gary Bnunmer
Initial
6919 Newton Ave N Ger Yang
Motion passed unanimously.
S. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8a. RESOLUTION NO. 2007-94 EXPRESSING RECOGNITION AND APPRECIATION
OF BRAD HOFFMAN FOR HIS 32 YEARS OF DEDICATED SERVICE TO THE
CITY OF BROOKLYN CENTER
Mayor Willson read the Resolution in its entirety.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO.
2007-94 Expressing Recognition and Appreciation of Brad Hoffman for His 32 Years of Dedicated
Service to the City of Brooklyn Center.
Motion passed unanimously.
City Manager Curt Boganey stated on behalf of the City and the former City Managers Mr. Hoffinan
has worked for, he would like to commend Mr. Hoffman for his dedicated service to the City.
8b. RESOLUTION NO. 2007-95 EXPRESSING APPRECIATION FOR THE DONATION
OF MEDTRONIC CORPORATION IN SUPPORT OF THE EARLE BROWN DAYS
FESTIVAL
Mayor Willson read the Resolution in its entirety.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-95 Expressing Appreciation for the Donation of Medtronic Corporation in Support of the Earle
Brown Days FestivaL
Motion passed unanimously.
9. PUBLIC HEARING
9a. ORDINANCE NO. 2007-06 AMENDING CHAPTERS 3 AND 4 OF THE SROOKLYN
CENTER CITY CHARTER; SECTIONS 3.11 AND 4.04
or seconded to o en the Public
Councilmember Lasman moved and Councilmember O Conn p
Hearin
g
Motion passed unanimously.
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-1'
No one wished to address the City CounciL
Councilmember Lasman moved and Eouncilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. il;
2007-06 Amending Chapters 3 and 4 of the Brooklyn Center City Charter; Sections 3.11 and 4.04 II�I
along with modification to the title of Section 4.04 to read: FILE BY FEE OR BY PETITION.
Motion passed unanimously.
10. PLANNING COMMISSION ITEMS
1Oa. PLANNING COMMISSION APPLICATION NO. 2007-011 SUBMITTED BY CITY
OF BROOKLYN CENTER EDA. REQUEST FOR PRELIMINARY PLAT
APPROVAL TO DIVIDE THE PROPERTY AT 6300 EARLE BROWN DRIVE INTO
TWO SEPARATE LOTS. THE PLANNING COMMISSION RECOMMENDED
APPROVAL OF THIS APPLICATION AT ITS JUNE 28, 2007, MEETING.
Mr. Boganey introduced the item, discussed the history, and stated the purpose of Planning
i i n li ation N. 20
Comm ss o A c o 07 011.
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Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning
c i ns recommended b the
Commission A lication No. 2007 O11 sub'ect to the followin ondrt o
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Planning Commission:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate cross access and cross paxking agreements between Lots 1 and 2 of the proposed
Brooklyn Farm 2 Addition shall be developed and filed with the titles to the property.
4. An a ro riate drivewa easement between the ro osed Lot 1 and the Earle Brown Herita e i'
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Center property shall be verified ar developed and filed with the title to the properties.
5. All drainage and utility easements recommended to be vacated by the City Engineer shall be
vacated by ordinance amendment prior to final plat approval.
6. All easements required by the City Engineer for drainage and utility purposes shall be executed
prior to final plat approval. i
7. An appropriate off site parking agreernent providing up to 45 parking spaces on the Earle Brown
Heritage Center for the proposed Lot 1, Block 1, Brooklyn Farm 2° Addition shall be developed
and filed with the titles to the property so that the site complies with the minimum parking
requirements.
There was discussion on the ownership of the lots and the parking configuration once the property is I�
divided and what would happen if the Earle Brown Heritage Center were to be sold.
There was discussion on dividing the resolution into two resolutions, one to divide the property and
the second for the moving of the parking spaces. Planning and Zoning Specialist Ron Warren 'i
explained that the proposed resolution executes what the City Council has previously approved as
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part of the Planned Unit Development. He stated the Earle Brown Heritage Center has an excess of
parking and meets its parking requirements for its facilities.
Motion passed unanimously.
lOb. PLANNING COMMISSION APPLICATION NO. 2007-012 SUBMITTED BY
GRIFFIN COMPANIES. REQUEST FOR SPECIAL USE PERMIT TO OPERATE
AN AUTOMOTIVE REPAIR FACILITY IN A PORTION OF THE COMMERCIAL
BUILDING LOCATED AT 5810 XERXES AVENUE NORTH. THE PLANNING
COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS
JUNE 28, 2007, MEETING.
Mr. Boganey introduced the item, discussed the history, and stated the purpose of Planning
Commission Application No. 2007-012.
Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning
Commission Application No. 2007-012 subject to the following conditions recommended by the
Planning Commission:
1. The Special Use Permit is granted for an auto repair facility providing light and mediuxn duty
repair operations such as tune ups, oil changes, tire rotation, tire rod, axles, gaskets, mufflers and
minor transmission and engine repairs. No other automotive service/repair work such as body
work, painting or collision repair shall be performed on the site. Any change in the use of the
operation not comprehended by this application or permitted under the zoning ordinance will
require approval of an amendment to this Special Use Permit.
2. Buildin lans for tenant remodelin shall be reviewed and a roved by the Building Official
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prior to the issuance of building permits and a Certificate of Occupancy for this operation.
3. There shall be no service, repair or maintenance of vehicles out of doors. All service and
maintenance to vehicles shall be done inside the building with the overhead doors closed.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be
appropriately screened from view.
5. There shall be no outside display or storage of inerchandise on this site other than that which is
authorized under Administrative Land Use permits.
6. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any
violation thereof shall be grounds for revocation.
There was discussion on enforcement of the conditions. Mr. Boganey discussed the enforcement of
the conditions and re ercussions if they are not followed.
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Motion passed unanimously.
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION NO. 2007-96 AUTHORIZING APPROVAL OF THE ISSUANCE OF
A PREMISES .PERMIT FOR AMERICAN LEGION POST 630 TO CONDUCT
LAWFUL GAMBLING AT 6110 BROOKLYN BOULEVARD, BROOKLYN
CENTER
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
07/09/07 -5- DRAFT
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Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-96 Authorizing Approval of the Issuance of a Premises Permit far American Legion Post 630
to Conduct Lawful Gambling at 6110 Brooklyn Boulevard, Brooklyn Center.
Motion passed unanimously.
llb. SITE PERFORMANCE GUARANTEE RELEASE NORSE MANAGEMENT, INC.
(BRISTOL VILLAGE TOWNHOMES LOCATED BETWEEN 67TH PLACE AND
68TH PLACE AT IRVING PLACE)
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to authorize release of the
remaining $10,000 cash performance guarantee.
Motion passed unanimously. i
llc. RESOLUTION NO. 2007-97 AUTHORIZING PROPOSED USE OF AUTO THEFT
PREVENTION GRANT
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
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reso u on.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-97 Resolution Authorizing Proposed Use of Auto Theft Prevention Grant.
There was discussion on the crime rate per capita in Hennepin County and the effectiveness of the
program. Mr. Boganey discussed the success of the program in Brooklyn Center.
It was the majority consensus of the City Council to direct staff to provide the City Council with the
previous report on the Auto Theft Prevention Program.
Councilmember O Connor stated opposition to expending tax dollars in this manner.
Councilmember O'Connor voted against the same. Motion passed.
lld. RESOLUTION NO. 2007-98 AUTHORIZING A PROFESSIONAL SERVICES �II�I
AGREEMENT FOR PUBLIC BUILDING CAPITAL IMPROVEMENT PLANNING
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. ,i
2007-98 Resolution Authorizing a Professional Services Agreement for Public Building Capital
Improvement Planning.
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Motion passed unanimously. I �I�II
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I' lle. RESOLUTION NO. 2007-99 DECLARING A PUBLIC NUISANCE AND ORDERING
THE REMOVAL OF DISEASED TREES
Mr. Boganey introduced the it�m, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-99 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
t the same. Motion assed.
Councilmember O Connor voted agams p
llf. RESOLUTION NO. 2007-100 APPROVING FINAL PLAT: BROOKLYN FARM 2ND
ADDITION
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-100 Approving Final Plat: BROOKLYN FARM 2ND ADDITION.
Motion passed unanimously.
12. ADJOURNMENT
Councilmember Yelich moved and Councilmember O'Connor seconded adjournment of the City
Council meeting at 8:17 p.m.
Motion passed unanimously.
07/09/07
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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
JULY 9, 2007
CITY HALL COUNCIL CHAlVIBERS
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 Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer
Todd Blomstrom, Planning and Zoning Specialist Ron Warren, and Deputy City Clerk Camille
Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember O'Connor requested the following change to the Regular Session minutes of
June 25, 2007:
Pa�e 1
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Councilmember O' Connor reported attending the Park and Recreation Commission meeting
where the Dudley Softball Tournament, e-connect services, and park tours were discussed. She
stated the next Park and Recreation Commission meeting will be held on September 18, 2007.
She reported attending the Earle Brown Days Board of Directors meetings. She also reported
attending the Northwest Community Television Committee meeting �e which is seeking sound
bites for Channel 12 �e�s.
Pa�e 4
Councilmember O'Connor moved to amend �e�e Resolution Authorizing Replacement of
Street Lights along the Southern Portion of Shingle Creek Parkway using Option 1 instead of
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Ontion 2 because Ontion 1 cost �6.800 less.
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There was discussion on the amendments to the minutes where an opinion was expressed that the
removal of the Roll Call for the Informal Open Forum may not be appropriate. It was the
majority consensus of the City Council to continue to note the Roll Call for the Informal Open
Forum and the Regular Session.
It was the majority consensus of the City Council to accept the amendments to the June 25, 2007,
Regular Session minutes, page 2 and page 4.
There was discussion on whether the City Council would reach a consensus to approve the
Charter amendments as described in Item No. 9a. It was indicated that the entire City Council
would support the proposed Charter amendments.
MISCELLANEOUS
There was discussion on the progress of the Comprehensive Plan. City Manager Curt Boganey
explained that the City is required to have the Comprehensive Plan update completed by the end
next year. He stated the City has requested proposals and expects to receive the proposals back
within a week or so to be forwarded to the City Council. He stated the process should be
completed in a timely manner.
Councilmember Lasman discussed her attendance at the League of Minnesota Cities Conference
where she learned of a company in Minneapolis that provides environmentally friendly cleaning
supplies and claim to be cost prohibitive. She requested that the City look into using these types
of products. She discussed a recycling program for computer monitors and televisions along with
advantages of broadband that were discussed at the conference.
Councilmember Lasman stated she will be absent from the July 30, 2007, Budget Work Session
with the Financial Commission.
Councilmember O'Connor stated she may be late to or absent from the July 23, 2007, City
Council meeting.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
WEST MISSISSIPPI WATERSHED 2008 OPERATING BUDGET REVIEW
There was discussion regarding the total West Mississippi Watershed budget and the difference
between calculations on the budget and assessment amounts. Mr. Boganey explained that the
total budgeted amount includes $5,000 of interest income and $5,000 in application fees, thus the
difference in total income and total assessments.
There was discussion regarding what is being done by the Watershed Commission, relating to
the money that is being spent. An opinion was expressed that the West Mississippi Watershed
Commission should be discontinued because the money is not being spent effectively.
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An opinion was also expressed that the West Mississippi Watershed Commission does serve a
purpose in cleaning up the water and is important to the community.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:44 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember O'Connor seconded to reconvene the Study
Session at 6:47 p.m.
Motion passed unanimously.
Mr. Boganey explained ways the Clean Water Act is managed throughout the State of
Minnesota.
It was the majority consensus of the City Council that the West Mississippi Watershed 2008
Operating Budget is appropriate.
CONSIDER INVITING EXPERT TO DISCUSS DUTCH ELM DISEASE IN
MINNESOTA COUNCILMEMBER LASMAN
Councilmember Lasman stated it would be beneficial for the City Council, Staff, and residents to
hear from an expert on Dutch Elm disease.
It was the majority consensus of the City Council to obtain an expert on Dutch Elm disease to
speak at a future City Council meeting.
It was requested that the number of elm trees left in the City and the number of elm tress
removed since the beginning of the Dutch Elm disease in Brooklyn Center be calculated and
reported back to the City Council, along with the opinion of the City Forester on the matter.
Objection to this request was expressed due to staff time required.
Mr. Boganey stated information regarding an expert of Dutch Elm disease would be gathered
and returned at a future Work Session.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:55 p.m.
Motion passed unanimously.
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NLY 9, 2007
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
No one addressed the City Council.
Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open
Forum at 6:46 pm.
Motion passed unanimously.
2. INVOCATION
Councilmember O'Connor asked that everyone take a moment of silence to ponder the part of the
Pledge of Allegiance that reads, "liberty and justice for all."
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at
7:01 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd
Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
5. PLEDGE OF ALLEGIANCE
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The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan stated in the interest of time, he had nothing to report.
Councilmember Lasman reported attending the League of Minnesota Cities Conference in Duluth
from June 22-29 and discussed the various seminars she participated in.
Councilmember Yelich reporting attending a Police Ride-Along and stated he was impressed with
the professionalism of the Police Department and encouraged the City Council to take advantage of
the opportunity.
Councilmember O'Connor stated she had nothing to report.
Mayor Willson reported attending The United States Conference of Mayors in Los Angeles, CA, and
submitted a synopsis of his atte•ndance for the record.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agenda as amended, with amendments to the June 25, 2007 Regular Session minutes, and
the following consent items were approved:
7a. APPROVAL OF MINUTES
1. June 25, 2007 Study Session
2. June 25, 2007 Regular Session
3. June 25, 2007 Work Session
Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
8a. RESOLUTION NO. 2007-94 EXPRESSING RECOGNITION AND APPRECIATION
OF BRAD HOFFMAN FOR HIS 32 YEARS OF DEDICATED SERVICE TO THE
CITY OF BROOKLYN CENTER
Mayor Willson read the Resolution in its entirety.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO.
2007-94 Expressing Recognition and Appreciation of Brad Hoffman for His 32 Years of Dedicated
Service to the City of Brooklyn Center.
Motion passed unanimously.
City Manager Curt Boganey stated on behalf of the City and the former City Managers Mr. Hoffman
has worked for, he would like to commend Mr. Hoffman for his dedicated service to the City.
i
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8b. RESOLUTION NO. 2007-95 EXPRESSING APPRECIATION FOR THE DONATION
OF MEDTRONIC CORPORATION IN SUPPORT OF THE EARLE BROWN DAYS
FESTIVAL
Mayor Willson read the Resolution in its entirety.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-95 Expressing Appreciation for the Donation of Medtronic Corporation in Support of the Earle
Brown Days Festival.
Motion passed unanimously.
9. PUBLIC HEARING
9a. ORDINANCE NO. 2007-06 AMENDING CHAPTERS 3 AND 4 OF THE BROOKLYN
CENTER CITY CHARTER; SECTIONS 3.11 AND 4.04
Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public
Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO.
2007-06 Amending Chapters 3 and 4 of the Brooklyn Center City Charter; Sections 3.11 and 4.04
along with modification to the title of Section 4.04 to read: FILE BY FEE OR BY PETITION.
Motion passed unanimously.
10. PLANNING COMMISSION ITEMS
10a. PLANNING COMMISSION APPLICATION NO. 2007-011 SUBMITTED BY CITY
OF BROOKLYN CENTER EDA. REQUEST FOR PRELIMINARY PLAT
APPROVAL TO DIVIDE THE PROPERTY AT 6300 EARLE BROWN DRIVE INTO
TWO SEPARATE LOTS. THE PLANNING COMMISSION RECOMMENDED
APPROVAL OF THIS APPLICATION AT ITS JUNE 28, 2007, MEETING.
Mr. Boganey introduced the item, discussed the history, and stated the purpose of Planning
Commission Application No. 2007-011.
Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning
Commission Application No. 2007-011 subject to the following conditions recommended by the
Planning Commission:
1. The final plat is subject to review and approval by the City Engineer.
07/09/07 -3- DRAFT
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate cross access and cross parking agreements between Lots 1 and 2 of the proposed
Brooklyn Farm 2" Addition shall be developed and filed with the titles to the property.
4. An appropriate driveway easement between the proposed Lot 1 and the Earle Brown Heritage
Center property shall be verified or developed and filed with the title to the properties.
5. All drainage and utility easements recommended to be vacated by the City Engineer shall be
vacated by ordinance amendment prior to final plat approval.
6. All easements required by the City Engineer for drainage and utility purposes shall be executed
prior to final plat approval.
7. An appropriate off site parking agreement providing up to 45 parking spaces on the Earle Brown
Heritage Center for the proposed Lot 1, Block 1, Brooklyn Farm 2" Addition shall be developed
and filed with the titles to the property so that the site complies with the minimum parking
requirements.
There was discussion on the ownership of the lots and the parking configuration once the property is
divided and what would happen if the Earle Brown Heritage Center were to be sold.
There was discussion on dividing the resolution into two resolutions, one to divide the property and
the second for the moving of the parking spaces. Planning and Zoning Specialist Ron Warren
explained that the proposed resolution executes what the City Council has previously approved as
part of the Planned Unit Development. He stated the Earle Brown Heritage Center has an excess of
parking and meets its parking requirements for its facilities.
Motion passed unanimously.
lOb. PLANNING COMMISSION APPLICATION NO. 2007-012 SUBNIITTED BY
GRIFFIN COMPANIES. REQUEST FOR SPECIAL USE PERMIT TO OPERATE
AN AUTOMOTIVE REPAIR FACILITY IN A PORTION OF THE COIVIMERCIAL
BUILDING LOCATED AT 5810 XERXES AVENUE NORTH. THE PLANNING
COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS
JUNE 28, 2007, MEETING.
Mr. Boganey introduced the item, discussed the history, and stated the purpose of Planning
Commission Application No. 2007-012.
Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning
Commission Application No. 2007-012 subject to the following conditions recommended by the
Planning Commission:
1. The Special Use Permit is granted for an auto repair facility providing light and medium duty
repair operations such as tune ups, oil changes, tire rotation, tire rod, axles, gaskets, mufflers and
minor transmission and engine repairs. No other automotive service/repair work such as body
work, painting or collision repair shall be performed on the site. Any change in the use of the
operation not comprehended by this application or permitted under the zoning ordinance will
require approval of an amendment to this Special Use Permit.
2. Building plans for tenant remodeling shall be reviewed and approved by the Building Off'icial
prior to the issuance of building permits and a Certificate of Occupancy for this operation.
3. There shall be no service, repair or maintenance of vehicles out of doors. All service and
maintenance to vehicles shall be done inside the building with the overhead doors closed.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be
07/09/07 -4- DRAFT
appropriately screened from view.
5. There shall be no oufside display or storage of inerchandise on this site other than that which is
authorized under Administrative Land Use permits.
6. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any
violation thereof shall be grounds for revocation.
There was discussion on enforcement of the conditions. Mr. Boganey discussed the enforcement of
the conditions and repercussions if they are not followed.
Motion passed unanimously.
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION NO. 2007-96 AUTHORIZING APPROVAL OF THE ISSUANCE OF
A PREMISES PERMIT FOR AMERICAN LEGION POST 630 TO CONDUCT
LAWFUL GAMBLING AT 6110 BROOKLYN BOULEVARD, BROOKLYN
CENTER
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-96 Authorizing Approval of the Issuance of a Premises Permit for American Legion Post 630
to Conduct Lawful Gambling at 6110 Brooklyn Boulevard, Brooklyn Center.
Motion passed unanimously.
llb. SITE PERFORMANCE GUARANTEE RELEASE NORSE MANAGEMENT, ING
(BRISTOL VILLAGE TOWNHOMES LOCATED BETWEEN 6TTH PLACE AND
68TH PLACE AT IRVING PLACE)
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to authorize release of the
remaining $10,000 cash performance guarantee.
Motion passed unanimously.
llc. RESOLUTION NO. 2007-97 AUTHORIZING PROPOSED USE OF AUTO THEFT
PREVENTION GRANT
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-97 Resolution Authorizing Proposed Use of Auto Theft Prevention Grant.
There was discussion on the crime rate per capita in Hennepin County and the effectiveness of the
program. Mr. Boganey discussed the success of the program in Brooklyn Center.
07/09/07 -5- DRAFT
It was the majority consensus of the City Council to direct staff to provide the City Council with the
previous report on the Auto Theft Prevention Program.
Councilmember O'Connor stated opposition to expending tax dollars in this manner.
Councilmember O'Connor voted against the same. Motion passed.
lld. RESOLUTION NO. 2007-98 AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT FOR PUBLIC BUILDING CAPITAL IMPROVEMENT PLANNING
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-98 Resolution Authorizing a Professional Services Agreement for Public Building Capital
Improvement Planning.
Motion passed unanimously.
lle. RESOLUTION NO. 2007-99 DECLARING A PUBLIC NUISANCE AND ORDERING
THE REMOVAL OF DISEASED TREES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-99 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
Councilmember O'Connor voted against the same. Motion passed.
llf. RESOLUTION NO. 2007-100 APPROVING FINAL PLAT: BROOKLYN FARM 2ND
ADDITION
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO.
2007-100 Approving Final Plat: BROOKLYN FARM 2ND ADDITION.
Motion passed unanimously.
12. ADJOURNMENT
Councilmember Yelich moved and Councilmember O'Connor seconded adjournment of the City
Council meeting at 8:17 p.m.
1Vlotion passed unanimously.
07/09/07 -6- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF TI� CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
JULY 9, 2007
CITY HALL COUNCIL CHANIBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to
order by Mayor/President Tim Willson at 8:29 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan
Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere,
and Deputy City Clerk Camille Worley.
BROOKLYN CENTER ALTERNATIVE SCHOOL REZONING ISSUES
The proposed use was discussed as it relates to the zoning requirements of the property and the current
Ordinance. It was indicated that an Alternative Learning Center would be beneficial to the City; however
the matter of whether it is appropriate in the area should be determined. The matter of a variance to allow
the use was discussed where Mr. Boganey indicated that a Use Variance is not allowed in the State of
Minnesota.
The following opinions were expressed:
Sustain the Ordinance however send the item to the Planning Commission for further study to
determine if the circumstances of the Ordinance as it relates to the use have changed.
Uncomfortable deviating from the current zoning Ordinance at the risk of setting precedence. Use is
not appropriate in the industrial area. Encourage the School District to seek other solutions through
the Department of Education.
The matter needs thorough investigation for both positive and negative aspects. Refer the item to the
Planning Commission to review if circumstances have changed. Most comfortable if all aspects are
reviewed to insure the right decision by the City Council.
Planning Commission time should not be spent on the matter. The School District should resolve the
issue on its own and it does not have the money to spend on an Alternative Learning Center.
Amy Pelkey, Brooklyn Center Alternative Learning Center representative, explained that the Alternative
Learning Center would be for students in grades 9-12, up to age 21. She discussed options explored by the
School District as it relates to extended programs. She discussed the programs that would be available to
students at the Alternative Learning Center.
07/09/07 -1- DRAFT
Greg Thielsen, 5306 Morgan Ave N, School Board Member, stated the School District is working towards
making a separation of those students who are comfortable in a regular school setting and those that are
unable to learn in the typical school setting. He discussed the needs that an Alternative Learning Center
would accommodate.
There was discussion on whether the Ordinance could be written to allow an Alternative Learning Center
with exclusion of K-12 uses.
Mr. Warren discussed the reasoning for the current Ordinance along with other factors to be considered.
It was the majority consensus of the City Council to forward the matter to the Planning Commission for
review, comment, and recommendations.
ADMINISTRATIVE FINES CHARTER AMENDMENT
Mr. Boganey discussed the benefits of administrative fees and the purpose for the proposed Charter
amendment.
There was discussion on whether administrative fines should be initiated and the process of Charter
Commission approvaL
It was the majority consensus of the City Council to forward the matter to the Charter Commission for
consideration.
Concern was expressed that the initiation of administrative fines might encourage the City to find violators
to collect fines.
There was discussion where it was indicated that administrative fines may be less expensive for residents as
opposed to going through the court process for violations.
ADJOURNMENT
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Yelich seconded
adjournment of the City Council/Economic Development Authority Work Session at 9:32 p.m.
Motion passed unanimously.
07/09/07 -2- DRAFT
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Shazon Knutson, City Clerk ���1 w�
DATE: July 18, 2007
SUBJECT: Licenses for Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its July 23, 2007,
meeting.
Background:
The following businesses/persons have applied for City licenses as noted. Each business/person
has fulfilled the requirernents of the City Ordinance goveming respective licenses, submitted
appropriate applications, and paid proper fees.
AMUSEMENT DEVICES
American Amusement Arcades 2100 West 96�' St, Bloomington
Earle Brown Bowl 6400 James Circle
Capture the Essence 1058 Lovell Ave, Roseville
Brookdale Center —1108 Brookdale
Coinstar Entertainment Services, Inc. 397 S. Taylor Ave, Louisville, CO
Denny's Resta.urant-6405 James Circle
GARBAGE HAULERS
Waste Management 10050 Naples St NE, Blaine
MECHA1vICAL
Minnesota Heating Air Conditioning, Inc. 10701 93 Ave N, Maple Grove
Ray Welter Htg Co 4637 Chicago Ave S, Minneapolis
Sharp Heating A/C 7221 University Ave NE, Fridley
Stem Heating Cooling, Inc. 34181 180�` Ave, Red Wing
PUBLIC DANCE
Boulevard's Bar Grill 2545 County Road 10
RENTAL
Renewal
(There were no calls for service for the following)
6005 Admiral Place (Single Family) Dan Soffa
6724 France Ave N(Single Family) Chris Prescott
6115 Fremont Ave N(Single Family) Eugene Sesonga
510 61 Ave N Sin le Famil Kamal Haa'i-Hussein Ibrahim
g Y) .1
1— Suspicious Activity, 1— Runaway Report
3000 62nd Ave N(Single Family) Dan Soffa
2 Alarms
5137 5139 France Ave N(Two Family) Matthew May
1 Domestic Asslt, 1 Damage to Property, 2 Public Disturbances, 1 Harassing Communications
6012 Zenith Ave N(Single Family, Group Home) Jan Gibson Talbot
23 Missing Person Runaway, 3— Missing Person Runaway Returned, 1— Assault, 1—
Predatory, Offender Verification, 1— Violation of OFP, 1— Violation of Restraining Order, 1—
Animal Complaint, 3— Medical, 1— Attempted Warrant Arrest Mpls. PD, 1— Warrant Arrest,
1— Possession of Stolen Property, Y— Serve Papers
Budget Issues:
T'here are no budget issues to consider.
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COIJ�ICIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works �1
DATE: July 18, 200?
SUBJECT: Resolution Approving Preliminary Plans for the Kylawn Park Building
and Authorizing Solicitation of Quotations for Building Demolition,
Improvement Project No. 2007-17
Recommendation:
Public Works staff recommends that the Brooklyn Center City Council consider
approving preliminary plans and authorizing solicitation of building demolition quotes
for the Kylawn Park Building as further described below.
Background:
The City's Capital Improvement Program identifies scheduled improvements within
Kylawn Park for the 2007 construction season. The City Council established this project
and authorized development of preliminary plans by council action on April 23, 2407.
The project arclutect has developed a protatype building design for use in replacement
of the next three park buildings currently scheduled in the City's CIP: Kylawn Pazk
Building (2007), West Palmer Park Building (20O8) and Northport Park Building (2009).
Tbree figures are attached to this memorandum showing the preliminary plan for the
proposed building. The existing Evergreen Park Building (constructed in 1999� was used
as a basis for the design. The building consists of a pre-fabricated picnic shelter structure
with an enclosed space for one restroom, a small utility/storage room and a common area
for organized pazk recreation summer program activities or scheduled use for park
customers.
The Park and Recreation Commission reviewed the preliminary building plans on
July 10, 2007. The Comrnission provided comments and guidance regarding the
following building design and project issues.
1. The second tier raised roof section should be eliminated to reduce the building
construction cost (approx. $20,000 savings). The architect should investigate low
cost options for aesthetic treatment of the roof line.
2. Some of the lawer level windows should be modified to hinge open or other
measures taken to improve ventilation of the building interior.
Kylawn Park Improvoements
Ciry of Brooklyn Center
3. The proposed design of the building exterior provides an improvement in terms of
v aesthetics compared to the existing Evergreen Park Building, while continuing to
use pre-fabricated structure components to minimize construction cost.
4. City Staff informed the Commission that the building layout will need to be
reversed (mirror-image) to orient the common area and side windows toward the
parking lot within Kylawn Pazk. The Commission concurred with this
recommendation.
5. The Commission discussed the proposed orientation of the open-air (exterior)
picnic area facing north. This orientation would provide better security and
visibility of the picnic area by police and residents along Kyle Avenue and
61 Avenue. Youth tend to congregate in the open picnic azeas.
6. The Commission reviewed the proposed project scope, which includes: asbestos
abatement of old building, demolition of oid building, building construction,
pavement rehabilitadon azound exterior of building, repair or replacement of five
trail lights and removal of the tennis courts within Kylawn Park.
7. The Pazk Recreation Commission generally supported the recommendation to
permanently remove the tennis courts within Kylawn Park. This action would
allow maintenance funds to be focused on impraving maintenance of other tennis
eourts that are operated within the City's park system.
w the relimin cost estimate of $247 160. The CIP
8. The Cammission revie ed p ary
includes a project budget of $215,000: The Commission discussed options for
modifying the CIP schedule for other park buildings included in the CIP to
address any potential short-falls of funding available from the Capital
u r' ect costs tentiall exceedin the CIP bud et.
Improvements Fund d e to p o� po y g S
The Pazk. Recreation Commission recommended that the City Council proceed with
final design of the building based on the comments indicated above. The Commission
v ent Pro durin
hat staff review the Ca ital Im ro em
further recommended t p P 8� g
re azation of the 2008 Bud et to identif ossible schedule changes for park and trail
P P g YP
improvements, including possibIy shifting the Northport Building to a later year and
shifting high priority trail improvements to earlier years.
Bndget Issnes:
The attached resolution would direct staff to pmceed with final architectural design of the
Kylawn Park Building ($19,500), complete asbestos abatement work on the building
($3,000), remove the tennis courts ($800 by city forces), and solicit quotations for
demolition of the existir�g building. Future City Council approval would be requested
prior to awarding a contract for building demolition or soliciting bids for construction of
the new park building.
Kylawn Park Improvernertts
Ciry of Brooklyn Center
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SHEET NUI�ER Park Sheiter Building
A� City of Brooklyn Center
6300 Shingle. Creek Parkwcy
pF 3 S�iEETS Brooklyn Center, Minnesota 55430
cowce�u�
D�ION NO. 4
FLOOR PLAN
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MJORUD ARCHITECTURE
12400 12th Avenue North
hiinneapolis, NN 55441
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Member iniroduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING PRELIMINARY PLANS FOR THE KYLAWN PARK
BUII.DING AND AUTHORiZING SOLICITATION OF QUOTATIONS FOR
BUILDING DEMOLITION, IMPROVEMENT PROJECT NO. 2007-17
WHEREAS, the City's Capital Improvements Program identifies specific improvement
projects for construction in 2007, including improvements to City infrastructure located within
Kylawn park, Improvement Project No. 2007-17; and
WHEREAS, �he City Council directed staffto prepare preliminary plans for the proposed
building and site improvements within Kylawn Park; and
WHEREAS, City staff and the project architect have prepazed preliminary plans and a
preliminary project cost estimate for Improvement Project No. 20�7-17; and
WHEREAS, the City Council desires to begin the process of preparing final design plans
and solicitation of quotations for demolition of the existing park building.
NOW, THEREFORE, HE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The preliminary plans for Improvement Project No. 2007-17, Kylawn Park
Improvements is hereby accepted by the eity Council.
2. City staff is hereby autharized to proceed with asl�estos abaternent within the
existing Kylawn Park Building (Est. $3,040), removal of the existing tennis
courts by City forces (�800 material disposal costs), and preparation of final
plans by Mjorud Architects under a prvfessional services agreement previously
authorized by the City Council ($19,500).
3. The final design plans for the proposed Kylawn Park Building shall be reviewed
and approved by the City Council prior to solicitation of construction bids.
4. Project revenue for items listed above shall be derived from the City's Capital
d 40100
Improvements Fun
Julv 23. 2007
Date Mayor
ATTEST:
City Clerk
'Phe motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
f Ak I
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COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works
DATE: July 17, 2007
SUBJECT: Resolution Approving Change Order No. 1, Irnprovement Project Nos. 2007-
O5, 06, 07 and 08, Contract 2007-B, Riverwood Area Neighborhood Street
and Utility Improvements
Recommendation:
Public Works staff recommends that the Brooklyn Center City Council approve the attached
resolution for Change Order No. 1 associated with the Riverwood Area Neighborhood Street
and Utility Improvement Project.
Background:
The City is currently reconstructing the public streets within the Riverwood Area
Neighborhood located between Highway 252 and the Mississippi River. The project
includes the installation of curb and new pavement along the south half of 73`� Avenue. The
centerline of 73`� Avenue is the corporate limit between the Cities of Brooklyn Center and
Brooklyn Park.
Brooklyn Park previously installed curb and gutter along the north side of 73`� Avenue. This
curb is in good condition, but the pavement has deteriorated over the past 20 years. The City
of Brooklyn Park has inquired if the City of Brooklyn Center would resurface (mill and
overlay) the north half of 73`� Avenue under the current construction project. The Brooklyn
Park City Council has authorized I5,000 for reimbursement to the City of Brooklyn Center
to allow the north half (portion within Brooklyn Park) to be resurfaced during reconstruction
of the Riverwood Area Neighborhood.
The City's Contractor has agreed to complete resurfacing work at the contract unit prices
provided in the original bid. The attached Change Order would formalize this agreement
with the Contractor.
Budget Issues:
The City of Brooklyn Park has agreed to reimburse the City of Brooklyn Center for the cost
of the resurfacing related Change Order No. 1, estimated to be approximately $15,000.
Riverwood C6ange Order No. 1
City of Brooklyn Center
City of Brooklyn Center
CHANGE ORDER NO. 1
Contractor: C.W. Houle Jaly 18, 2007
Address: 1300 West County Road I
Shareview, MN 55126
Pro'ect: Riverwood Area Nei borhood
l
I II Street and Utility Improvements
Improvement Project No. 2007-05, 06, 07 and 08
Contract No. 2007-B
The following items were not included in the unit price proposal form, but deemed to be necessary to
complete the project according to the intended design. In accordance with the terms of this Cantract, the
Contractor is hereby authorized and instructed to perfortn the work as altered by the following provisions.
1. Resnrfacing West Bonnd 73" Avenue North
The Contractor will perform pavement resurfacing along the west bound lane of 73`� Avenue North
(north half of street) w"sthin the City of Brooklyn Park. Scope of work will consist of pavement
milling (2-inch depth) over existing bituminous pavement, sweep, prepare, tack coat, and furnish
and install a 2-inch thick lift of bituminous pavement (LV4) over the roadway. Work will be
completed in accordance with the contract unit prices provided on the Proposal Form. This work
may be performed in conjunction with wear coarse paving for West River Road.
Total Est. Cost: $15,000.00
TOTAL CHANGE ORDER NO.1 $15,000.00
Original Contract Amount 3,627;302.12
Change Order No. 1 15,000.00
Revised Contract Amount 3,642,302.12
CHANGE IN CONTRACT TIME
The Contract completion date is not chan¢ed due to the items noted above.
Accepted: C.W. HOULE Approved: CITl' OF BROOKLYN CENTER
g By:
Contractor's Authorized Representative City Manager
Date: Date:
By:
Director of Public Works
Date:
Page i of 1
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City of Brooklyn Park
Request for Council Action
4 Meetin Date: 07-16-2007
A enda Item No. 5. S
Originating
A�eada Section: Cansent Department: Engineering
Resolution: N/A
Ordinance: N/A Prepared By: Gary Brown
No. of Attachments: 1 Presented By: Gary Brown
Item: Authorize Appropriation for Brooklyn Center to Mill and Overlay 73 Ave. N.
City Manager's Proposed Act�ion:
MOTION SECOND TO AUTHORIZE CITY MANAGER TO PAY
BROOKLYN CENTER TO MILL AND OVERLAY 73�" AVENUE FROM WILLOW LANE TO WEST
RNER ROAD.
Overview:
The centerline of 73'� Ave. N. is the corporate limit line between Brooklyn Park and Brooklyn Center. The City
f Brooklyn Center is currently reconstructing the entire residential area south of 73'� Ave. to TH 694 (east of
"�'H 252). As part of the project, the city is installing curb and gutter on the south side of the 73` Ave. N. to
match the north (Brooklyn Pazk) side. Brooklyn Park constructed curb and gutter on 73`� prior to 1979 when
storm sewer was added. The curb and gutter is still in very good condition, however the street is in poor
condition az►d is in need of an overlay. Brooklyn Center has contracted to reconstruct the south side of the road
with new curb and gutter. They also intend to mill and overlay the ent�re length of West River Road south
of
73 Ave. N. They have obtained competitive bids and are currently under contract for milling and overlaying
portions of their reconsh�ction proj ect from C. W. Houle, Inc., their contractor.
Rather than having half of the street lookitig brand new and the other half in poor condition, staff recommends
that $15,000 be authorized to reimburse Brooklyn Center for milling and overlaying the north side of the street.
Based on the actual bid and our estimated quantities, we estimate the cost to be $12,791.96. However, since the
quantities are only estimates we are reque�ting the approximate amount be authorized. Brooklyn Park will be
saving engineering and bidding costs and will have an improved roadway lasting an additional 10 to 15 years.
Primary Issues/Alternatives to Consider:
Brooklyn Park does not have to participate in this project at this time, but will have to schedule similar work in
2-3 years. The city manager recommends reimbursing the City of Brooklyn Center for a change order that they
will negotiate with their contractor to mill and overlay the north half of 73'� Ave. from TH 252 to. Willow Lane.
Budgetary/Fiscal Issues:
�'There are sufficient monies in the Special Assessment Construction Fund to cover the proposed expenditure.
Attachments: 5.4 LOCATION MAP
5.4 LOCATION MAP
Page 3
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Member introduced the following resolution and moved its
v adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT
PROJECT NOS. 2007-05, 06, 07 AND 08, CONTRACT 20U7-B, RIVERWOOD
AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS
WHEREAS, the City of Brooklyn Park has requested that the City of Brooklyn
Center provide pavement resurfacing along the north half of 73'� Avenue North between West River
Road and Willow Lane as part of the Brooklyn Center construction contract for the Riverwood Area
Neighborhood Improvement Project; and
WHEREAS, the City of Brooklyn Park has authorized reimbursement to the City of
Brooklyn Center in the amount of $15,000 for said pavement resurfacing work; and
WHEREAS, said additional work was not included in the original Contract, but was
deemed cast effective and justified for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $15,000.00 is hereby
approved. The revised contract amount shall be as follows:
Original Contract Amount 3,627,302.12
Change Order No. 1 I 5,000.00
Revised Contract Amount 3,642,302.12
Julv 23. 2007
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was dec2ared duly passed and adopted.
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COUNCIL ITEM M�MORANDUM
TO: Curt Boganey, City Manager
FROM; Todd Blomstrom, Director of Public Works
DATE: July 17, 2007
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
Recommendation:
Public Works staff recommends that the Brooklyn Center City Council declare a public nuisance and
order the removal of diseased trees as listed on the resolution document.
Background:
The attached resolution represents the official Council action required to expedite removal of the
diseased elm trees most recently marked by the city tree inspector, in accordance with appraved
procedures. The City of Brooklyn Center has historically maintained a policy of removing diseased
trees promptly (in three weeks or less) and enforcement of proper disposal in order to keep this
disease from escalating in our community.
Budget Issues:
The City's share of the cost of removal for diseased trees within the public right-of-way and City
property is included in the 2007 Budget under the Public Works Fvrestry operating budget. The cost
of removal for diseased trees located on private properiy is the responsibility of the respective
property ovmer.
Disease Tree Removal Resolution
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO..
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the ovvners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
PROPERTY OWNER PROPERTY ADDRESS TREE
SECUNDINO ALVARADO 6207 DUPONT AVE N 65
HELEN M ZIMMERMAN REV TRUST 3101 66TH AVE N 66
BOUSAVANH PHIEUMAVONG 5405 PENN AV� N 67
GEDI-DAMANA FMLY LTD PTNRSHP 5615 BROOKL
YN BLVD 69
JOHN N& SARA T POWELL 3408 65TH AVE N 70
VIOLA GOBAH 4714 WINGARD LA 71
ANDREW BARTLETT 6707 GRIMES AVE N 72
JIlVIlVIY G JAWORSKI 7112 LEE AVE N 73
1 1 FREMONT AVE N 75
ROMAN KAASA BETH DENNING
60
WADE PETERSEN 5726 KNOX AVE N 76
DEI�TNIS M& GLORIA J STEVENS 5630 HILLSVIEW AVE N 77
�GUSTIN MARTINEZ 5830 EMERSON AVE N 78
B A GOLDBERG R B TRAYNOR 5742 FREMONT AVE N 79
KATHLEEN J BARCLAY 340I �53RD AVE N 80
ARVID SORENSON 6901 TOLEDO AVE N g 1
2. After twenty (20) days from the date of the norice, the property owner(s) witl
receive a second written notice providing five (S) business days in which to
contest the determination of the City Council by requesting, in writing, a hearing.
Said request shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to r.equest a hearing, the tree{s)
shall be removed by the City. All removal costs, including legal,• financing, and
administrative charges, shall be specially assessed against the property.
RESOLUTION NO.
Julv 23. 2007
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted:
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
July 23, 2007
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the publia The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. Mn/DOT Traffic Study of State Highway 252 Corridor
2. City Manager Performance Review Format and Procedure City Manager
Pending List for Future Work Sessions
Date Undetermined
1. Farmers Market Ci Council
tY
2. 2011 Brooklyn Center Celebration City Council
3. Brooklyn Center Independent School District Joint Meeting Agenda August 13�`,
2007
4. Rental License Strategies
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4
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: July 18, 2007
TO: Curt Boganey, City Manager
FROM: Todd Blomstram, Director of Public Works
SUBJECT: Mn/DOT Tra.ffic Study of State Highway 252 Corridor
The Minnesota Department of Transportation (Mn/DOT) is proposing to conduct a traffic study
for the segment of State Highway 252 extending through Brooklyn Center and Brooklyn Park.
The propased study would involve an analysis of the current traffic conditions, traffic forecasts
far future traffic conditions, and identificadon of potential mitigarion measures to address tr�c
congestions along Highway 252.
A co of the reliminary work plan for the study is attached to this memorandum. Mn/DOT
PY P
has requested that the City Engineers from Brooklyn Center and Brooklyn Park participate Yn the
study. The preliminary work plan includes intermediate reports to the Brooklyn Center and
Brooklyn Pazk City Councils during completion of the study to provide opportunities for
comments and recommendations from the respective councils.
Mn/DOT is continuing to develop the preliminary work plan. At this time, staff �s seeking initial
comments and/or direction regarding participation in the study.
`6301 Shingle Creek Parkway Recreatidn and Community Center Phone TDD Num6er
Brookdyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Num6er (763) 569-3300 FAX (763) 569-3434
FAX (763} 569-3494
www.cit,yofbrookl,yncenter.org
Page 1 of 3
TH-252 Corridor Studv
Freliminary Scope of Study
DRAFT
I. Study Scope and Determination of needs
Detemunation of needs- Problem Statement
Brief History
Description of existing transportation system
Present operation and structural issues
Purpose and needs statement
II. Stndy Participants
Mn/DOT, Brooklyn Pazk, Brooklyn Center and Met Council
A$ency Coordinatifln and Public involvement
Development of the Agency Coordination Public Involvement Program
Phase 1 Study will he f'unded by Mn/DUT. Assistance in the form of C 'itv sta�'f
time will .he contributed from the Cities of Bruoklyn Park and Brooklyn Cesster
III. Scope of Study
Study A Road Geometry
Ge�metric Study Area TH-252
South Interchange with I-94,694 and TH-100
North Interchange TH-6I0 and River crossing
Intersections
Lane Configurations
Bridges
Special Items Bus Shoulders
Current Geometric Deficiencies
Documentation of Structural defieiencies
Bridge
Roadway
Shoulder
Hydraulic
Other significant features
Study B- Traffic and Safety
Traffic Study Area Include the critical areas of
Lowery Hill Tunnel
Next interchange East and West of I-94 I-694 Interchange
Next intersection east and west for all access points to TH-252
North Interchange with TH-610 and River crossing
TH 100 /1694/ Freeway Blvd Interchange
Locul street network adjacen� to TH 252, including the �lumboldt
Avenue Corridor (Brooklyn Center/Brooklyn Park) uru� Sierru
Parkr+�ay/Lngan Avenue (Brooklyn Park}
DRAFT DRAFT
Page 2 of 3
Study B- Traf�c and Safety Continued
Current Traffic
Document and analyze existing conditions
Document and analyze existing traffic control conditions
First Prvject Status Update to City Cvunrils
Summary of Existing Traffic Conditions and LQS
Summary af Proposed Study.9rea Limits for Tra�c Foreccut/Prnjectiorr
Summarv of Prvposed Assumptions and Parameters Associated ��i1h
Tra�c Foreeast JProjection to be cvmpleted
Solicit Comments from City Councils
Future Traffic Forecast
Study Years
Study Parameters
Met Council demographic information
(current and future land use and economic
development growth
analysis of land use and growth trends
analyze existing arid future traffic conditions
Safety Study
Conduct safety analysis Accident Diagrams/ data
Document existing Corridor safety issues and problems
Review accident statistics
Study C Alternatives and Constraints
Identify Issues and improvemerits
Probable scope safety improvements needed including possible alternatives
Probable scope of access issues and potential improvements
Specialty Design Features
Constraining issues
Physical Features
Environmental Features
Cultural Features
Social Features
Second Project Status Update to City Councils
Summary af Tra�c ForecastiProjection Study Resulls
Summarv of C'onstraining Issues
Summcrry ofAlternatzves Icientified to Dc�te
Solicit Comments from Ciry Councils
r�
Study D Analysis Summary und Findin�,�
Analysis for all Alternatives
Multi modal corridor and specialty design components
Cnowth projections should be consistent with those used in the
TPP/TSP
DRAFT DRAFT
Page 3 of 3
Design year 20XX
Future traff c demands
Present traffic and safety operating conditions
Projected traffic and safety operating conditions
Traffic diagrams, design analysis or studies as necessary to clarify
and support thF traffic analysis
Phase 1 Summary Repart ra City Councils
Preliminary Phase 1 Schedule
Tcrsk Target Cvmnletion Date
Inlroduction Meeting with CitJ� Sta, f,� June 2t3, 2007
City Council Work 8essions -.Study Intro July 23, 20D7
Study A
Study B Existing Conditions
First Update to City Councils
Stuciy B- Fvrecasts i Projection.s
Study C
Second Upctate to City Councils
Study D
Phase 1 Summary Report to City Cvuncils
DR.AFT DRP'FT
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Caty of Brooklyn Center
A Millennium Community
MEMORANDUM CUUNCIL WOItK SESSION
DATE: July 17, 2007
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Manage��
SUBJECT: City Manager Performance Review
COUNCIL ACTION REQUIRED
Establishment of target date for the 2007 City Manager performance review is requested.
Initial general direction regarding the development a performance review process is also
requested.
BACKGROUND
On September 26�` 2006 the City Council entered into an agreement with the City
Manager (enclosed) tha.t provides for the following in Section 4. Evalnation. Manager
shall be evaluated on the performance of his duties in July 2007 and at least annually
thereafter by the City Council as a whole. Such evaluaxion shall be based on written goals
esta.blished by the City Council and the general duties set forth in Section 2 of this
Agreement. Section 8(b) Evaluation and Salary Increases. The City Council shall
evaluate the performance of the Manager in July of 2007 and annually thereafter. The
Manager's salary sha11 be increased to $119,000 effective Ju1y 1, 2007, if Manager's
performance is deemect to be saxisfactory. Thereafter, the Manager's salary shall be
reviewed and considered at the same time as consideration of salary for other non-union
employees of the City. Any changes in the Mana.ger's salary sha11 be pursuant to the
written agreement of the Manger and the City.
First, det me apologize for bringing this matter to your attention at the end of July. I
mistakenly assumed that this was a matter that was due in Seprember. Secondly, I want to
express my opinion that, l am not asking the City Council to make a hurried decision at
this late date. I woudd prefer that the Council take the amount of time it deems necessary
to act on the required review.
Given, the above, I believe the critical issue facing the Council at this time is to
determine what process the Council will use to conduct the City Manager Performance
Review in 2007 and beyond.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
400
763 569 3
rookd n Center MN 55430-2199
B y
City hTadt TDD Number {763) 569-3300 FAX (763) 569-3434
EAX (763) 569-3494
To assist you with this process 7 have enclosed the following documents:
The first three documents provide and overall framework for a performance evaluation
process. I believe that these documents help to clarify the big picture and offer
suggestions that the Council may find useful.
The remaining documents are simply provided as a sampling of tools that you may find
valuable. These are presented as a way of stimulating conversation about the level,
degree and type of detail the Council may wish to consider in a final appraisal document.
Manager appraisals Can Be Nothing but a Benefit PM Magazine
City Manager Evaluation Process Author Unlaiown
City Manager Evaluation Process Fremont Califomia ICMA Inquiry
City of Freemont, Michigan City Manager Performance Planning and Appraisal
Program ICMA Inquiry
City Manager Performance Evaluation Questionnaire, Sunnyvale Ca1if. ICMA
Inquiry
City of Crrandview, City Administrator Performance Evalua.tion ICMA Inquiry
Appraisal Of Performance Unlrnown Source
Brooklyn Center 0002006 Proposed (not adopted) Evaluation Form
Brooklyn Center City Manger Evaluation Form Period Unknown
Brooklyn Center Evaluation Form with Standards 1996
My hope is that Monday the City Council will agree on a target date for the first
performance review and provide general direction regarding a process. Given the timing I
understand that the Council may choose to treat 2007 and 2008 differently but I am not
suggesting that is necessary.
COUNCIL POLICY ISSUES
What review process should the Council use to assure that the City Manager's
perFormance meets the expectations of the City Council?
I
City Manager Employment Agreement
THIS EMPLOYMENT AGREEMENf (hereinafter referred to as the "Agreement") is
made and entered into by and between the City of Brooklyn Center, a Minnesota municipal
corporation (hereinafter referred to as the "Cit}�') and Comelius L. Boganey (hereinafter referred
to as the "Manager") as of the 25th day of September, 2006.
WHEREAS, the City wishes to engage the services of the Manager as a professional
employee; and
WHEREAS, the parties wish to set forth the terms and conditions of their relationship in
this contract in order to assure the requisite flexibility to enable the Manager to function as the
City's chief administrative official; and
WHEREAS, the nature of the Manager's position requires contintied professionai
training and attendance at meetings during evenings and other non-traditional work times.
NOW, THEREFORE, in considera.tion of the mutual covenants set forth in this
agreement, City and Manager agree as follows:
Section 1. Em�plovmeu� Manager shall be employed by the City as City Manager
commencing on the 26th day of September, 2006.
Section 2 Duties. The dudes of the Manager's position sha11 be as set forth in the City's
Charter and ordinances and such other duties which are consistent therewith as may be assigned
from time to time by the City CounciL
SecNon 3. Discharge of Duties. Manager sha11 be paid a salary as a professional
employee and shall not be paid overtime far hours in excess of 40 hours per week and similarly
shall be able to be absent in considera.tion of extraordinary time expenditures. The discharge of
Manager's duties requires work outside the normal work day for meetings and projects. To that
end, the Manager will work flexible hours as is necessary to Manager to discharge the duties of
his position.
Section 4. Evaluation. Mana.ger shall be evaluated on the performance of his duties in
July of 2007 and at least annually thereafter by the City Council as a whole. Such evalua.tion
shall be based on the written goals established by the City Council and the general duties set
forth in Section 2 of this Agreement.
Section 5. Particivation in Emolovee Benefits.
A) Health Insnrance. The City shall provide health insurance covera.ge for the
Manager in the same fashion as it provides health insurance for non-union employees.
B Life Insurance. The City sha11 provide life insurance coverage for the Manager in
the same fashion as it provides life insurance for non-union employees.
-1-
C� Except as otherwise specified within this Agreement, Manager shall receive or be
eligible to participate in any other benefits provided for non-union employees generally.
Section 6. Vacation and Holida��s. Manager shall accrue days of vacation on the first
day of each month equal to an annual rate of 20 days per year. Manager may accrue vacation to a
maximum accumulation of 240 hours. Manager sha11 not be required to use vacation leave except
for a whole day's absence from performing Manager's duties. The Mana.ger may, at Manager's
discretion take 1 /Z day increments of vacation leave for an absence from the perfarmance of
Manager's duties.
Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to
payment for all accrued and unused vacation leave at the Manager's then ciurent rate of
compensation.
Manager shall also have the same paid holidays off from work as the City's non-union
employees.
�ection 7. Sick Leave., Manager shall accrue days of sick leave at the same rate as other
non-union employees.
Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to
payment for all unused sick leave in accordance with the provision of the City's personnel code
applicable to non-union employees.
v Section 8. ComQensation.
A) Initial Salary. The Manager's initial salary at the commencement of this contract
sha11 be $115,000 per year. Such salary shall be paid at the intervals customarily used for other
city employees.
B) Evaluation and Salary Increases. The City Council shall evaluate the performance
of the Manager in 3uly of 2007 and annually thereafter. The Manager's salary shall be increased
to $119,000 effective July 1, 2007, if Manager's performance is deemed to be satisfactory.
Thereafter, the Manager's salary shall be reviewed and considered at the same time as
considera.tion of salary for other non-union employees of the City. Any changes in the Manager's
salary shall be pursuant to the written agreement of the Manager and the City.
C) Personal Auto Usage. Manager shall be reimbursed for personal automobile use
for trips, meetings, wark, and other use related to his employment at the rate consistent with
Internal Revenue Service regulations.
D) Professional Membership Dues and Professional Subscriptions. The City will
pay the cost of inembership in the Intemational City/County Management Association, the
Minnesota City/County Management Association, and like organizations and subscriptions to
professional journals and publications.
-2-
E) Participation in Professional Tra�iuuing/Developmen� The City will pay the cost of the
Mana.ger's participation and attendance at the ICMA Annual Conference or similar national training
�pporlunity, MCMA Annual conference, League of Minnesota Cities Annual Conference and_ miscellaneous
professional training programs offered within the State of Minnesota.
Section 10. Expenses Incnrred in Performing Duties. The City shall reimburse or directly pay for
actual expenses reasonably incurred by the Manager that aze directly related to performing Manager's
duties. The parties contemplate that the Manager will incur expenses for travel, attendance at meetings, etc.
The Manager will be reimbursed for use of the Manager's personal car at the current IRS rate.
Section 11. Retirement Benefits. The City shall pay the employer's portion of the Minnesota Public
Employment Retirement Association contribution on Manager's salary. The Manager sha11, in addition to
the retirement benefits provided above, be allowed to participate, at Manager's own expense, in IRS
approved deferred compensation plans offered through the City.
Section 1Z. Discontinuance of Em4lovment Relationshib. The Manager shall be removable by th�
City Council at will subject only to the limitations imposed by the City Charter. Understanding that the
Manager serves as the chief administralive official for the City and Manager's employment status can be
affected by political influences that are independent of job performance, the parties wish to make
arrangements that reflect the realities of the marketplace and are necessary to recruit qualified persons. The
parties wish to assure flexibility for the council, while providing for the ability of the Mana.ger to perform
Manager's duties without undue concem for Manager's financial security should the need arise to seek new
employment. Therefore, the parties ha.ve made concessions and the Manager, as part of Manager's
compensation agreexnent has made concessions in the amount of salary and other forms of compensation in
return for the. covenants contained in this section 12 relating to the discontinuance of the employment
relationship:
A) Manager sha11 give the City 30 days notice prior to discontinuing Manager's employment,
where there has been no event constituting an involuntary separa.tion as hereinafter set forth.
B) In the event an "involuntary separation" occurs, the Mana.ger may choose to resign prior to the
effective date of any formal action by the City to ternunate Manager's employment:
C) Defini�ions. For purposes of this Agreement the term "involuntary separation" sha11 mean a
formal request adopted at a public meeting by the City Council that the Manager resign or an action adopted
by tlie City Council terminating this Agreement. The term "involuntary separation" shall also mean the
resignation of the Manager within 30 days of the effective occurrence of any of the following:
i) A change in the form of government at the City due to the adoption, amendment
or repeal of a home rule charter, election to adopt or repeal a particulaz statutory
form of government (other than for a Plan B statutory form of government), or an
ordinance/resolution changing the City's organization.al sixucture that diminishes
or reassigns the Manager's authority.
V
-3-
a er ado ted b the
ii) A fundamental change in the duties and authonty of the Man g p Y
City Council, by special or general election, or by referendum or initiative such
y that the City of Bmoklyn Center's status as a council-manager plan city is
b ICMA.
to some status other than a council-manager form of
chan ed y
g
govemment.
D) payment npon Involuntary Separation. In the event of an involuntary sepazation, whether
through a resignation or resolution/motion terminating the Agreement, the Manager shall be entitled to the
following:
a) Payment of all accrued vacation and sick leave at its full value at the Manager's current
rate of pay.
b) Payment by the City of the full cost of family health insurance, at level of coverage in
effect just prior to the involuntary separation for a period of full months from the date such
the M
ana. er shall be entitled, at
'tio g
ive. In addi n,
involuntary separation becomes effect
Man.ager'.s own cost to continue participation in the City's group insurance plans for at least 18
months after the City is no longer required to make full payment of premiums for Manager's.
insurance coverage, provided the City's group insurance plan authorizes such continued
participation.
c) Severance Payment. The Manager shall receive the following severance benefits:
i) Six (6) months sa1ary computed at'/z the Manager's gross annual wages.
d Time of aymen� All payments due under this section shall be paid by noon on the day
p
e s aration becomes effective.
after th ep
Payment Upon Voluntary Termination. Upon the 1Vlanager's voluntary termination of
employment, he sha11 be entitled to full payment by the next following pay period of
a) Payment of all accrued vacation and sick leave at its full value at the Manager's current
rate of pay.
b) Payment of a11 wages for days worked since the last payroll period prior to separation.
ts or claims that either party maY have
G) Nothing herein shall be deemed a waiver of any righ
'on due in the normal course of the separation of the Manager from the City's employ.
ond the com en
sah
bey P
Section 13. Term., This Agreement shall be for an indefinite term until terminated by one or both of
the parties as set forth in this Agreement.
Section 14. Indemnification., The City shall defend and indemnify the Manager pursuant to
d 465.76. The Ci shall also defend an
d hold
harmless and indemnify the
esota. Statutes 466.07 an ance
Muin e erform
was acinn in th p
Manager from all torts, civil daxnages, penalhes, fines, provided the Manager g
of Manager's duties.
-4-
'tten communications between
Sectaon 15. Merger. This Agreement supersedes all pnor oral or wn
�he parties.
Section 16. Entire Agreement This Agreement constitutes the entire agreement between the parties
with respect to the employment relationship betw�en the City and the Manager and the parties agree that
there were no inducements or representations leading to the execution of this Agreement except as herein
contai.ned.
Sectian 17. SeverabilitW. In case any one or more of the provisions of this Agreexnent shall be
invalid, illegal, or unenforceable in any respect, the validity; legality and enforceability of the remaining
provisions contained in this Agreement will not in any way be affected or impaired thereby.
Section 18. Governing Law. This Agreement will be construed and interpreted in accordance with
the laws of the State of Minnesota.
Section 19. Counter!uarts. This Agreement may be executed simultaneously in two or more
counterparts, each of which will be deemed an original, but a11 of which together will be constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of tlie day and year first
written above.
THE CITY OF BROOKLYN CENTER, EMPLOYEE
MINNESOTA
t���
By M{�na Kragness Com us L. ganey
Its Mayor
-5-
ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT
This Addendum is made and entered into by and between the City of Brooklyn Center, a
Minnesata� municipal corporation (hereinafter referred to as the "City"), and Cornelius L.
Boganey (hereinafter referred to as the "Manager") as of the 9th day of October, 2006.
WHEREAS, the City and Manager have entered into an employment agreement dated
September 25, 2006 (hereinafter referred to as the "Employment Agreement"); and
WHE1tEAS, the parties wish ta amend the Employment Agreement as hereinafter set
forth.
NOW, THEREFORE, in consideration of the mutual covenants set forth in the
Employment Agreement and herein, City and Manager agree that the Employment
?,greement is amended as follows:
1. Section 12, paragraph D) of the Employment Agreement is amended by adding
the following sentence:
e) If the Manager is terminated by the City Council for substantiated and
proven malfeasance in office, or intentional misconduct, the City sha11 have no
obligation to provide payment and benefits listed in paragraph D) a) through D) c)
of this section. Intentional misconduct is defined as substantiated and proven
sexual, racial or other unlawful harassment, distribution of pornography, or acts of
physical violence in the work place. "Intentional misconduct" and "malfeasance"
as used in this paragraph do not include poor performance or neglect of duties.
Except as explicitly modified in this Addendum, the Employment Agreement shall
continue to be in full force and effect.
CITY OF BROOKLYN CENTBR, MINNESOTA EMPLOYEE
By:�
Myrna ess, Mayor Corneli aney
By:
Sharon Knutson, City Clerk
Mana er A ra�sais
pp
-L.
a e o� ��a e e y
For nearly 20 years as city manager in three cities, one of the authors, George
Caravalho, has insisted that city councils meet with him at least once a year for
an evaluation process. During this period, he has seen many different reactior�s to
holding such a session with the council. In some cases, the mayor and council have
felt that this was time well spent; in other cases, councitmembers have refused to
participate for one reason or another. Nevertheless, in every city in which he has
served, the process has been suaessf�ul in opening the tines of communication anr,�
in same cases, in averting serious potentzal problems.
veryone wants to hear what kind of job he ar
she is doing, esgecially when the response
comes from "the boss." Local government man-
agers are no exception and truly deserve to re-
ceive regulaz feedback Why, then, does gaining
manager evaluations often feel like pulling teeth, and why
are they usually instigated by the manager?
Review Orie�ed
In Santa Clarita., Cali£omia (population 147,600; incorpo-
rated in 1987), Caravalho, the first permanently hired city
manager, came on boazd in 1988. In the early 19$Os, em-
ployment agreements had been emerging in Californi.a, and
Caravalho's amounted essentially to a letter of agreement.
Over time, the agresment has expanded to become a more
comprehensive employment document that now contains a
PIBlIIf. MAN�GE111ENT
Parag�'aPh on regulazly reviewing the 1'@ quently t�'1@ meeting gives the manager a chance to
manager's performance. Acoording to respond to any of the couacilmembers'
the agreement, c�e «cy �S �u- performance commenix or questions.
ated by the council on aa annual basis, At this pcsint, the council and man-
through a process of r�i�w ct�t evafuation pracess is ag spepgc issues, indnding
prrned to be worthwhi7e and productive. performance items and additional goals
viewed as a potential be desired b individual coun-
The evaluation process in Santa Y
Clarita uses a third facilitator ��ami 1;F1af 1115t1II5 a�embers. This sessiom is informal
This approach offers a myriad af advan- and free-flowing. At the md of the pro-
tages for both the council and the man- idation or stress sp�c acrioa statements are de-
ager. Here is a step-by-step outline of the P veloped. (Then, ti+*ithin six months, a
utY's P��• In �I1e pal'�jCS follow-up report describing progress on
the action items is provided to the coun-
trucial Phases involved This need frO
The meeting concludes with coun-
The first step is to obtain a mutually not be the ease! �'S
agreed-upon, third-party facilitator. The mary evaluation of the performance of
next involves the facilitator and the the manager, which is signed by the
maaager in outlining such items for in- mayor aod aIl couneilmembers. The fa-
clusion in the evaluation as current is- sation. After the facilitator has com- cilitator is requested to prepare a short
sues in the local government, the rela pleted discussions with wuncilmembers, ParagraPh summarizing the results of the
tionship of the council and the manager, a closed-session meeting takes place for evatuation. This summary, along with
and the individual and group dynamica approavmately three hours with all coun- anY ��Y Proposal, is provided
between the manager and the counc�. cilmembers presen� The first hour of the to the press and placed in the manager's
Following an interview with the meeting is devoted to the facilitator's personnel fi1e. The director of human re"
manager, the tacilitator interviews each addressing the councilmenbers and pro- sounes sometimes assists in this process.
oouncilmember privately. These iater- viding ti�e information they each have
r►iews aormally talce from half an hour supplied in individual meetings. Infor- 10 g�nefl�s
to two hours, depending on the needs of mation is given in the aggregate, and a
individnal councilmembers, During the summary of each discussion area is re- Here, then, are the authors' ideas on the
interviews, the fac�7itator focuses on scv- viewed by the group as a wholc. top 10 benefits of an annual maaager
eral key areas. These may include com- Subsequently, each coundlmember evaluation:
munication, relationships, work priori- identifies an area on which he or she will
ties, and general opinions. In Santa provide feedbacic to the manager. At this i. The annual evaluation process pro-
Clarita, they encompass: point, the manager is invited to join the vides a regtilar time for the manager
resnainder of the closed session, and and council �o sit aown es g Sr°ug in
Key relationships between the man- each couna]member presents informa- closed session and talk about the
ager and the council, city staff, the tion, which that is given from the working relationship between the
public, city committees and com- group's perspective. council(board of directors) and the
missions, and other goveramental This process ic�volves a report pre- manager (CB�). Providin$ f�ack
agendes. pazed by the facilitator that covers (1) the the}* may not give or seceive on a
Opinions on the manager's responsi- goals and objectives of the manager, as da}'-to-da}' basis-
b�ities and abilities, along with the outlined previouslY bY the �uncil; (2) 2. The annual evaluation allows each
manager's personal style. stren6ths, the manaSds aaomplishmenta for the councitmember to explore whether
and areas for improvemenL year; (3) the individual wmments of the his or her individual feelings are
Tbpics relating to budgeting, public counclmanbers; (4) the averall rating; shared by the rest of the counal or.
relarions, program management, and and (5) atha notea that the faalitatox whether they aze just the fe�lings of
emplay� relations. may have gleaned from these discussions. oae individual member• It also at
In this session, the manager spends a lows the council to review its man-
Councilmembers are asked to provide good part of the tim�perhaps up to an ager responsibly, with a weli-
an overall rating of the ma,nager on a hour—Iistening to the feedback and tak- thought-out strategy for evaluation.
scale of 1 to 10, and at this time there" ing notGS on each of the councalmem- 3• 'The faalitato= is able to ask direct
may be a discussion regarding compen- bers' commmts. The next part of the questions and listen m the coun-.
12 Dec���t 1999
cilmembers' responses wiihout be- successes. During an evaluation, the up the point of a compeasation in-
coming personal or defensive. A real counal can spend time talldn$ about crease. The closed-session evalua-
effort is made to bring w the surface aocompli�ts and haw the man- tion process offers an excellent op-
and eliminate hidden agendas. 'I�is ager has been worldng, aloag with portunity to bring up this question.
proc�ss allows for open aad candid otha staff, to achievr the objectives of 10. This process maq give the manaBa' a
communication by councilmembers. the oouncal and the community. chance to offer feedback to the
4. The annual process of evaluation of 7. A significant outcome of the annual council frum dePartasent heads and
the manager—when done with hon- review is an action plan> which may citizena wncerning its pa�formance.
est intentioas, forethought, and cause the manager to shift priorities
planning—has tt►e ability to head off and resoiuces to aaomplish tlungs Frequently, the performance evalua-
potentially serious problems simply that probablq wae not as dear as tion process is viewed as a potential
by making ail of the parties involved they should have been. The benefit is calamity that instills trepidation or
a�vare of the issues. that the council is able to redirect ef- stress in the �rties involved. Zfiis need
5. The annual evaLuatian proves an. ex- forts, aad staff manbers aze able to aot to be the case! Even in worst-wse
cellent opportunity to deal with cases carry out those tas� that are viev+red scenarios, with a divided or argumenta-
in which there aze sensitive personnel by the council as most impor�►t tive councal (and most managers and
issues. 'The process gives the manager 8• A third-party fadlitator for the evalu- governing bodies have been there), a
aa opportunity to hear about and ad- ation aontnbutes to a b�tter� more well-planned evaluation Process that in-
dress a situation or to develop a pro- clearly defined, professional Pmass cludes a thic+d-pariy f�cilitator can suc-
graan for making specific personnel that s�eengthens the coun�cl-manager ceed in mending faices and focusing
changes and improvements. relationship. (Based on Santa Clarita's positively on the future. Om
6. Another benefit of the annual evalua- experience, facilitator msts can run
rion is rocognition. Counal meerin�s from about $3,000 to 55,OOOJ lo Arme Darry is the mayor Carc v
can carry heavy agendas, and often 9. In some sessions held in the public Clarisa, Californiu, and George
there is not at�quate time to taIk about azena, councils are reluctant to bring is city manager, Santa Clarita.
13
Puwc Mww►�eMars
CITY M NAGER ENALUATi�N PROCF�$�
1. PURPOSE OF EVALUATION PROCESSES
The purpose of the evaluation; process is to achieve the foliowing:
A. Ctarfica�on of expectations and perspectives abou�
The purpose of the City Manager's Office as a municipal
fundion/department
The specific go2�is that he City Manager is to fu�ill as a professional
and manager.
�he specific manner in which the City Manager is to carry out
his/he� respective responsibilities.
The nature of the relationship and the type of interac�tians to exist
between the Ciiy Manager and the City Council
B. Estabfishmerrt of a goal-ocierrted performance partnership that promates a
sense of teamwork, mutual leaming, and harmonious re(ationships between
the City Manager and City Councii.
r
C. Definition of criteria for evaluating the performance of the C'�ty Manager by
the City Council and establishment of the means of monitoring of that
performar�ce.
11. IMPLEMENTING THE EVALUATION PR�JCESS
Because• the relationship between the City Council and the �iiy Manager is a
critical one, it is important to establish the evaluation process to provide the basis
for a sound and highly productive relationship among the parties irnoNed. Also,
initial irnpiemer�tation efforts must seek to overcome and resoive cu�rent
misunderstandings and frustrations while putting in place the elemerrts of an
effecctivve evaluation process for future performance. For these reasons, there are
four implemer�tation steps:
Step 1: Evaluation planning session with City Council
This session will involve tt�e consuifant working with Councii to
establish a. ciear understanding of the evaluation p�ocess and the
objectives Council wants it to achieve in the Cit�r Council City
Manager relationship. The primary focus of this session is to cfariiy
Council's expecta�tions ar�d understanding of the process it wants to
establish and fopow.
Step 2: Consuitant Ci�ly Manager interview
The purpose of this meeting between the consultant and the City
Manager is similar to Step 1, but the focus now is on defining the
City Mangers expectations and cor�tribution to the evaEuation
process. This ir�terview, which wil! take approximately two hours,
can be scheduled at any time with the City Attomey.
Step 3: City Council City Manager evaluafion meeting
This meeting which wiil tak,e approximatelytwo to three hours wii! be
faciiftated by the consuftant. Its emphasis is to achieve a mutuai
understanding about the evalua�tion process to be foqowed, the
criteria for evaluation, and a clear definition of CounaPs expectations
i relative to the perfonnance of the Ciiy Manager. The session will
end with an achievemerrt of the following:
Estab(ishment of an evatuation process.
Clarification of Ccunci{'s expectations refative to the
_perfoRnance of the .Ciiy Manager.
Definition of criteria to be used for evaluating perfonnance
and the processes for monitori�g that performance.
Estab{ishmerrt of a sense of perFormance partnerships and
teamwork between the City Council and City Manage�.
Outfining of a game plan or program of work to guide Cify
Council Ciiy Manager relationships for the next year.
Step 4: Periodic, evaluation of the City Cauncil City Manager working
relationship
This step which may consist of one or more meetings represents a
series of planned "time-outs" to evaluate on an iriterim basis the
S quaiity of the City Courtcif City Manager refationship that is
emerging as a result of the eval�ation process estab(ist�ed during
41
Steps 1 through 3. The ir�tent of Step 4 is to make sure that the two
major parties are on course i� the relationship and that corrective
acction is taken quidcfy, as may be appropria#e.
1li. PERFORMANCE EVALUATION THE INTEGRATION OF PERSPECTlVES AND
PERCEPTIONS (A TEAM EFFORT INVOLV{NG THE MAY�R, COUNCILAND CITY
MANAGER)
A. Basic Elements:
Sense of team
Definitio� of roles
Oefining performance
lnteractions and relationships
Deteccting/ar�tiapating issues
Correecction and problem resolution
Buildingperformance capacity
Process for abjective analysis and conclusions
B. Performance Partnerships
Y. The primary performance partnerships
The City
Managers
Role
The
City Council Qerforman�A City Manager
Partnership
42
2. Second erfomnance artnershi s
arY P P P
/The C'
Manager
Position
The
Municipal Performance City Manager
Departrner�ts Partnership "z=
r�s z.
City Councii 'L ri
C. Definition of Roles
1. FunctioN of City Manager's Office
2. City Goals
3. Definition of Performance Objectives
4. Definition of Performance Processes Desired
I
D. Goal Coordination
I
Counai Goals Personal Goals
Poficy Issues Professicnai Goals
Ciiy goals Development Goa(s
Specc7fific Problems, =z
Pe :f�-.
Projects, lssues
.1'^ 2
W �'s�"'
�E t �'s'�'
3.
'}s ��if.. a, i� ..*-Car't. y�"��, �r,t'
City Manager rerformance Commitrnerrt:-.� a-� r r-�
:.s r "�s �c�:,�..,;,�
Objecfives to be accvmpGshed
Task priorifies and target dates
a���
Criteria/measuremerrt indicators !nr evahjation of'.per#onnance
Evalua#ion Process
I
Proc�ss: Form and Structure
Process: Frequency and Timing
E. Ciearing the Way: A Review of Past and Preserrt Percep�ons and Feelings
'I,
44
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October 19�97 i`umber V
Ci� Nlana er Evaluation Process
y g
Jan Perl:ins, City vlanager
Frenlont, California
Summarv: The City viana�er's evaluation consists of annual �valu3tion by the City Council and
�valuation by employees. The City Mana;er takes responsibiliry to cnsure. thst both pha�es are
condtictcd. The City M3nager's employment agreement calls for �nnual pe.rfonn�nce evaluatian by
tE�z Ciry CounciL
Thc purp�se of the ev�luation process by the City Co�ncil is to rnaint�in a stron� Council/�ianager
tearn by en�t«ing open and productive communication on an annual basis in a formal wav, and on
cu� or��oin� bcuis more informally. Durin; the formal annual revicw proc:�ss, th�re is :,tn oppoctunity
to idtntify are�is of satisfsc[ion and items needin� chan�e or improvetnent as identified by the
Council.
The purposz of obtainirtg feedback from employees is co continuously develop a strona City
��ianl;erlstaff t�am. The City Vlanager can only bc effective to the extent that her staff is productive
in providing excelleni service, has confidznec in her Izadership and betieves that she creates an
environment for their success. Feedbxck from staff about thz City ��ana�er's p�:rformaacz is an
essenti�l part of undzrstandin� the or;anization's needs and identifyin� ways in which the City
l�lanager can continuausly improvz in her rola.
C.nuncil Evaluation Phas�:
Each October, the City �fanager przpues a written ��port on thc status of a number of
performance go�ls which �vere developzd in thz prior year by the City ytana�er (wi�h input
and assistance from the executi�t mana��ment team} and agre�d ro by the CounciL
prof�ssionzl facilitator is hir�d to conduct the perform�nce evaluation in October. A form
{attached} is jiven to each Counciirncmber to cornplete 1nd return to the facilitator. The
facilitator eonducts a tci�phone interview �vith each Councilmtmbzr. He/she compiles the
responses from the written evaluation form and from thc int�.r��iews and prepares a report.
A closed session is held cvith the Councif, City vEana;cr and fscilitaror, durittg which the
facilitator summarizes the Council's responses on the evaI�aafion form and tzlephon�
inte:rvic;�vs. Th�re are discussions of any items of interest to �h� partizs. During the closed
session, thc' goals for the folIowing year are reviewed by the City �fana'ar and mvdifizd
and/ar agr�ed to by the CounciL
Six months into thc: y�esr, [hz Cicy �iana;er pro�•ides a written status report on thz
p�rformince �oals to th� Cily Council (�nd executi�•e mana;ement team).
Emvlo�•e�; Evaluation of Citv �litanaser:
�ach e�tr, thc; City vlanager utilizes the services of an outsidz facilitator to condiict a"360
Y
dz�r�e" review of thc City vlanager's perfomianc�. A form (attached) is provi de d to
dc:partrticnt heads, some of the middle manager� �vho ��orl: most clo�ely with the City
1;lanager, the union presidents, and the cicrical and professi�nal staff in the�City �tannger's
oftice. Th� compl�t�d forms.are sent to thc: facilitator �vho cocnpiles the response�, and then
providcs the summ:ir'ized rzsponses to the City �Iana;�r. Thc City Manager identifies �reas
for chan�?e and improvement from those responses. copy of the�stimmarized responses is
se:nt to the executive management team :is weli �.s to the City Council.
Prior to thc aitnual City Council review of the City ��Iana�cr, the City Mana�er sends alt
mzmbcrs of the exzcutive mana�ement team a copy of the perEorrnance aoals �nd asks for
their in�ut into the pro�ress that ihey bclieve has b��n m�cic� on eaeh oF the goals. Their
input is incorporated into the City Mann�er's report on thc status of thc; performance goals.
Additionally, the City Manaaer �sks th� executive Fnanag�ment team to mect to identify
pzrforrnance indicatars that are successful, areac suQQzsted for chart�c and improvement, and
possible pc:rformsncz goals for the foilowin; year.
For Etilore Injormatio�i
Jan Perki�ts, Ciry Nlcr�:nger
r-mai1: jcu►perki,tsCaanl.cvrr�
10%19-�--l�40(1
Citti� of Fre���o�tt
39100 Lrbertv Strrct
Fremoict. Crl 9,��38
AUCi-26-1596 12 k�5 5�h I 1�il SYSTEMS lNC. alkS bt� �il l r, tx�s-= iEt
-9 CONFiDENTIAL FAX
�CII �TYY �1F o.o ��'1i'� A�AF�A�I�1R
1�'3�I�TR'�I�1�A�t�I� II�tiY�� I�A1�'IIIY� �IE[I�IE'�'
Thin�ag of ...'s p�rformancx ovet the last twclve moaths� ptease fitl out the foru�.
Rate each ixm from 1�,lowl to fhiah)
based an your opinioa of ...'s p�rfanmanca
(rna�ric N/A if you do aat have enough infc�matinn co race).
i MUxrc�aU s'�gAR►A�SIP
A. Arc bssic city savicxs being delivered as expected?
B. A=e on-gaiaE P�'ograms Plsruied, erganiud and svpervised?
C. Azz thcy at agree� upon lcvclsT
D. Arc thcy cffiacnc and effcctivc?
E. Docs the ((aty Nianagcr have:
1. An understanding of the delivery of hasiC servicxs?
2. An understanding vf haw to imprave departmenral operation methods?
3. An understaading of haw m measurra producriviry imProvcments in
�n�al operations?
4. An understandin of how to improve coar�inarion between depattmencs/
P�� G��nP �Y�� duplicacive effarts)?
5. An awareness of new nrends in the provi,sinn of b�sic level govaitaicnt
services?
F. Are compla3ncs pess any comptimencs or comm�e�dations for senrice) that came
eithez to tt�e Coua�ilmeml�s ar di�cxty int� Ciry Hall, regarding acrvices,
g�grams or ciry s�handled efficientiy/effectivcly?
G. Were crises or emergencics handlod in an effocrive, effc�ent and professional
m,anner? ('When the "chips are down" and publiciry is n� how effcctive a
trouble shoour is thc G4ty Manager and the whoic organu.�tion?)
3
E NTi E N T S Y 5T E M S, 1 N C. G99Q Saquel tkwe, Sv�le A• Ap1os, Ul 9SQ03 •{08�688•�93� Fa:r685�09i�
rRJU�CG` 177b 1 l� rH 5tf� 1 1 tf� t b S b 1 tF1:� 17V1. .I�y p�y� kx411 F' YJ r i 1�
CONFIDENTIAL �AX
II. COUI1�CIi. FA� ITATj[,�N
A. Lc the Council Po�Y �Pkraenoed consist�n�ty and cffoctivcly?
B. Is Council po2icy sufficicntly arri�culacrd to che st�ff, p�ness and athers?
C. An 8596 of thc serviCef�forr�tionlmaintenanac raquests or complaints asked
bY ��/or constimencs compleoed or at least responded. to and ia
praxss?
D. A� acaons and acdvitics caaied aut in accordanc� with Council di�recrion in a
�mcly fashion with a miaimsl aaLOUnc arf pr�nnpting from the Council? is chcne
adequau fallow up and follaw-through?
E. Is ihe C�ty Manager edoquatcly suPPo�S Couacil ia its po2icy-maldrig r�k?
F. Aie vcrbal, wricrcn aad visual communicaaans clear, concise, unde�randable
and cfftctive?
G. Ane cammu�icauons with Couaci� of appmpriate fizgpency a.nd dcp�h?
H. Do cammunications inelude sufficienc informa.tian and altemarives and staff
recammendatioas to makc policy deci�ions?
I. Are yo� kept adequately abreast of m�micipal affairs and extcrnal dcvet�pmenu
whiCh impazt t2�C QIy?
J. Dces the C1ry Managcr lec the CouaCil Irnow "bad ncws" ade�uateiy and IIuieiy?
K. Does che 4iry Managcr anncipace the acdonlnfoiiaszloa nce�ed to Ict.�p the
CounciVC�ty Manager nlativnship s�ong?
L. A� cosnmuni�ons umcly?
M. Has tke Ciry Managcr dev�laped effoctivc pnsencati�s?
s�x�xr s�s. arc.
6490 Soquei Dicire. Svioe A
Apeor. CA 95Q03
4
Hl.Ka-�Fi-1 �Je 11 t�� btrv t trr i a� 5 i t�• b i rw. »w ow w iNJ• L V
COI�IFIDENT�AL FAX
N_ Are the�icy documcnts, snch as the b�dget, presented in a vseful.
�mders able fa�mat?
O. Y)oes thc L�ty Manager (and s�ff} piescnt sal sidas of sn issuc or prnbl�n m
Council to enhana the Council's decision-maldng proeess?
P. Does che City Manager deveiop and inaintain cffective s and
worldng relationships with t�e Council as a whole and iadividual
Couacilmambers?
Q. Is thc City Manager sensisive w individual Cuuncil nccds and yet ablc to �at all
Couacilmembers fairly?
R. Does the C�ity antici�aoc the chang�ng nccds of the oommuairy and the
�'8��0. ����po�nb�l problems in thc commuairy bc€o� th�y occvr,
and brn►g solu�ons and slt�nan�es m che Co�ncil on how to plsn for �he fuwre
and avoid problems7
S. Does the. Gity Managcr have an a�canding of che vaziouS taehniQues u'sed ta
assess cammunity peeds?
T. Does the Qry Managa have an undarscanding of che poliacal issues involved
ideaafying and setting gvals ta solve G1ty problems?
U. Is the Ciry Manager sldlled in de5ning goals and policies in a faim in which
they caa be a�cc�mplishcd?
V. 3s the Ciry ManagCr s3d1lod ia tyisg spcc�fic goals and palici�s ta the budgeting
pxocess?
III AC�;t2MpL �L�HMFNT OF OB ECTT�
A. wexe thc projaxs agrxfl upoa i,n advaace becweon che Coaaeil and C�ry
Maraager complexd within the given rinz�x fiame with appropriate con�csa far
costsT
sa+ngxr sYSt�uts. uvc.
6g90 Soquel AriYa Swts A
Apco�. CA 9S0a3
NlJla `.�'jb 11 ri+i I 1 t!� 1 5'i ti I tM15 L t�R. -bkx� bti� k]til 1 r. k.t�r lu
CONFIDENTIAL FA.7L
�V. MANA�FMF.NT DIMENS QNS
A.
1. �s the Martager respectiod as a kad�er:
a. by thc community?
b- bY DcParomenc Hcads'.►
c. by employccs?
d. by onc�r govemment jurisdictions?
e. by camu�unity and gznfessional orgaaizations?
2. Does the Mana&er gcncrate enthusiasm and eonfid�nce amang those same
�uPs�
3. Uoes the Mana�cr motivatc ottrc.� to maacimum perfarmanoc?
4. Does che Manager actively takk�c the lead vn iarpoztanc proje�cs and tasks?
;a
5. Does the Manager takre time to develop competcnt staff'.'
B. Decis;,�'ng
1. Does s�ne Manager exhibit sid11 in analyzing situadons (i.e. "sizing up" the
political Otgaaiz3riOn81 and Staff C1CmCnR noedcci W de81 wi[h 8�S+ObIGm)?
2. Dacs tht Managcr iiavc t�c abiIiry to mak� de�isions when contlicc cxist
and eope with the a�ss from �suldng criricism?
3. Doos the Managa thc have she ability to ideapfy infc�rmation from bath
�ides of an issuc thac is needod to im�rov� dxis�on malong?
sgrnm�'sYS�ss.n�c.
6990 Soque,l Dtive, Sui�e A
Apto�. CA 9500fi
6
�iUG-28-1996 11 f�3 SENF 1 ENT SYSTEMS I NC �368 685 F3611 P, 04/ 10
C4NFIDENTIAL FA�7►
C. Psob�em S�
i. Is tha Man.zgtt a problcro solver?
2. Does shc�C anpc�ate problecns and talce posiuve acdon co resolve tt�cm
befo�e they becotne a�itical?
3. Dpes s�e/bc manage well in a crisis und�e=' sa�ess?
D. M�n�r.mr.nt��vlr. Werk H i�
1. Daes the Managcr manage ria�e well (planaing pri�iazin�?
2. What is the effx�veness of work oaropleted?
3. Ss aa appropriate Cxample set for other employxs?
E. �ment Kn�w� Abili�,y
I. Is the Manager current msnagemcnt pracrices and tcr.hniques?
planning? Fwasue? Labor Relapons?
2. Docs shc/hc demonsuate good basic management slaJls, such as
delegaaon� planning� �ga�.iziag. d�recting, coozdinating, supervising,
negoaaung, lobbying?
F. Prof�qi�tal Develonmcn4
1. Does rhr Manager acdv�ly pursue ways co incY�easa his/her value to che
C�iry? Ketg a.bdtast of important gra�essional trends? $orrow good ideas
frann othtr aties to use hcre?
G .n�,
1. Does she Meutagcr develop the competency e�d capab�7ittes af du ciry
scaff, ensure'eapablo and compecenx peoplc filI ciry positions� fosur tt�c
p�xsaaal and professional developmenc of i+cplaccmeats for known staff
V2C8IICf8S?
SPN�'IFNt SYSTFMS. INC.
6990 Soquel Driva Snix A
Apcos. CA 95003
�IW 11 •!7J btfv i 1 tiv a v b 1 tl"IS 1 r�K. VbLS oD� r�oi a r. tJa.• lU
CONFIDENTIAL FAX
H F��t2Yee Labor Re}a '�s
1. Docs nc� Manager possess an unc)erstandi�g of
a. the process of recxuismenc, seleceon� pz'omotion, a.nd dis�issa� of
g�rsonnel?
b. wagc, salary, and fringe bencfit administradon?
c. the law aad governmcnt policy in Iabor managcmeat ieladons?
d. sldll in haadling ncgoriadons and contracc admiciistration?
e. s1dU in haadling of �ievancxs?
f. sb1Z developing mcchanisms to insurc fecdbacic fivm Deparn�ncnt
Heads/er�ployas7
g. hOw t0 gain fc�odba,Ck froui Dcpartincnt Hcadskmplaytxs?
h. �he icnpact of laboz negotiations and state legislarion on thc
budgerary and policy malang authoriry of the C�ty?
2. I)oes tha Manages posscss si� ia nsing cmployce performance evaluatioa
mct}�ods?
I. $3t�g�.� F��
1. Does the Managtx p�udendy manage che fnances of G�ty within
Couaai! policies, 'PrePare realistic budgec proposals, Iceep the Gouncil
infocmed ef th� C�ty's p�sent and sncicipaud fuiancaal. status, and 5nd
irvnovauve solutioas to financing CS�tY services?
2. Does sh� Marsager posscss sa undarstanding of financiai maaagcment?
3. Does the Ma�agcr possess sldll in id�endfication and gonezation of
revenues?
4. Does the Maaag�er possess aa uaderstanding of the impacc of stax
fedcral cucs, etc. an the G�ry?
0 S�SY�S.lI�C.
6990 Soquet Dm�e. Suita A
g
�-KAa I 1� 19J Stn t tJY 1 5 r 51 r,l`b 1 �`IS.. ��io oo.r uo a a r• aJ� ae+
IAL FAX
CONFIDEI�IT
J. Ptoer t&_ 1�A on
1. Does chc Managcr posscss sldli in ovaluawsg prior programs to aid in d�e
dGVClc7pmCnt pf nCw OaCS?
2. Do�s ch� Mariager possess aa uaderstanding of the consr.qnences of
altelnaQvc meihods of gr4gr3m ioctpleitsentattOn {e.g. �rCCt dCt�very,
conu�cting, tax incenaves, ctc.)?
3. Docs the Manag�r possess skili in anticipating the impact of a program on
cit3zens befon it is implemenoed?
4. Does the Manag�er possess sk�ll in establishing controls in ordcr to
i moaitos prog�aau oace implemcneed?
Y. P�„I,�i•IG AND GOMMUNITY RELATIONS
A. Daes the CYty Manager npr�s�nt tho Ciry we1! to the public and co osher
orgaaizadons and agencies?
Is thc Qty Mana ab3e to gain the uust and eonfidencc of the pnblic, be
sensidve to u�dividua� and camnnumty needs, and foscer contact and cooperanea
among ci�uas and community organizatiaas and ocher jurisdicuons?
C. Does the aty Mana$er have an understanding of thc types of Federal, Stat�,
and MetrapoIitaa polici�es th�t might irnpact the G�ty?
D. we:e a]1 aew laws ar programs fram other go�mments thaz coutd barcfic che
Qry ar just affeec che Ciry talcen ad��tage of or respondai to? (We�+e aIt
''es fivm onuidc fundin oar sanrices ued?)
I
oppom�niu S 1�
E. Does the Gty Mariager havc an uadcxstanding of ��spensibflides and
consequences of participaaan in inurlocal reladans?
F. Is the City Managcs' sldilcsi ia uoliz3ag eom,municavon [cchniqnes (eable TV,
radio, newspapes, newskacr} to convay C�cy issues to the public?
G. Has the Ciry Managrs esta�lished mcani:tgft�l two-wap oo�vmunica�n wi� the
pubiic a�d civic groups to invalve ri�em in the decision-m�3dng process'
sn�nmvrs�sr�ss.nac.
6990 s«pul a,i�c, s�ioc A
1►pws, CA 950f?3
9
i
�-�W-�tf-lJyb 11��7� btrot ltNl 5'i51tt`l5 lNt,. ��7tf otf� Wall r.ut� tu
CONFIDEN'TIAL FAX
Trrv nra�r�r nuMFNT _ONOMi D-VELO M•NT�
VI, �QMML�� �.�.�L.�r�
�FYF:�4.PMEx'
A. Does the C�ty Maaag�r exhibit aa nnderstanding of the issues involved ia the
manage�nent of growrh?
g. ��ves the �ty Managcr have a lsnowledge of the progxams ava�'lable for
�c development?
C. Has �e C�ry Manag�r cooperaud wirh the private secta� to fosser parmership
for private ventimes?
VIY. BRIE F�
A. What yau ar� noost plea�od with in ...'s performance.
B. Arcas for improvcmcac: persona� goals for for 1996-97
C_ Qrgsuszxation goals for... for 1996-97
m SF�fi"LFNN7' 5YSTFl�tS. WC.
10
City of Fremont
360 Degree Feedback
INSTRUCTIONS: The parposc of this con5dential questionnairc is to provide me with informa�ion
about your satisfaction with my l�adersh�p and management behaviors. I will usc this informadon to
identify those practices or bchaviors that necd to bc strertgthened or modified to help me become evcn
more effective.
For the feedback to tse tTUIy aseful. t necd your frank and honesi input For each statement, cheek the
rating you believc best describes my behavior from your personal ezperi�nce. I atso encaurage you to
sharc your suggesaons with me at the end of tfiis questionnaire.
When yQU cocnplate the questiannaire, seal it in the enciosed, stamped envelope and mail it directly to:
Pat Acktey I816Q Cottonwood Road #219 Sunriver, OR 977Q?
Pat will compile thc results and shar� them with me. It is my intent to sharc tlic composite ersponses
and my action plans with all of yaa at a latar date. If you have any quesdons or suggcs�ons regarding
this questionnaire. feel free to call Pat at 541-593-5580. �cbu may aIso lea her a v�ccc mail message
's s tem at 494-8415.
on the Ciry ys
Thank you for your assistancc and support! ..�i��
Yaur Rote: (check one) Rating Categories:
Execd�tive Management Tearn Mernber E Exceeds your txpectatioru
Union Presidenr ME Meers your expectations
Middle Manager NI Needs improvement or aaention
r Ciry Manager's O�ce Sta,�` NA Nor appllcable or not observed
In her roles as leader and manager, 3an:
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1. Treats all customers both extemal and internal with respect E ME Nl NA
and ptaces a high value on their needs.
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2. Condnually focuses vn customcr satisfaction in managing E ME NI NA
day�to-day oQerations.
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3. Regularly solicits customer feedback and ta�es action based upon E ME Nl' NA
thoir input,
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4. Creates a climate that encourages and recognizes creativity and E ME NI NA
innovadon.
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5. FreqUensly questions current proccsses or procedures and E ME NI NA
condnually loaks for improvement opportunit�es.
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v :3:�i: •�,xr.. :ax{v.v.>+Yi:t,+:•+.:,:3;�idi:�'.h'::::'za;�:� .;:b;;;rn;0i:w:ir.i7Ldocc.aS:�:S�i:i:;T::
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i996 Ackiey Assoclates
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6. SystemaUCally applies analytical methods and tools to idendfy E ME NI NA
and solve problems.
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7. Takes risks, learns from experiences, and encourages others to do E ME NI NA
thc same.
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8. Maintains accessibility and is perceived as open and approachable. E ME NI NA
v.ln:�n ::U,". ':ti:: a:h •wvJ�;
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9. Values teamwork and posiuvely reinforces cooperadon and E ME NI NA
collaborarion.
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10_ Provides timely, personal appreciation for a job well done. E ME NI NA
a n3r�:"^:sv'. +,nl•.-. :fa:c 'c9'•�'e�vi�w{iio'h,.,k",,'�' s:?;::i::,S d'wy,u •t� xaro:.. .y;,.
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11. Rccognizes and rewards both tcam and individual perfozmance. E ME IVI NA
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12. Solicits staf� input and shows respect for their t��oughts, ideas, and ME NI NA
oginions.
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r r...vf.nx.:� M1....... .i...4. e.ii?t�f�. 1
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13. Is fair and equitable when dealing with Ciry staff. L' ME Nf NA
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14. Conununicates in a way that maintains the self-eonfidence and E ME NI NA
self-esteem oP others.
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15. Is nonjudgmental and treats others as adults. E ME NI N�
...v..v �.r: ........�.�..v. n ...:.q...... .�..n....,.....y,.; ht:y 3"':6 fi�YS::.. ....:�iyt�.l$f.x::ti:yyi�;y'.v
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16. Never assumes checks her understanding af athers and their E ME NI NA
understandin� of her.
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17. Accepts honest, consuvctive feedback without "shooting che E ME NI NA
messenge€."
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18. When decisions are being made, asks the affected individuals E ME NI NA
and/or work groups for their ideas.
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19. When making decisions, systematically evaluates aiternatives in E M� NI NA
r n u
cnccs.
terms of potenaal unpacts o ca seq
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20. Considers all sides of an issue or problem before making a decision. E ME NI 1NA
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21. When problems arise, looks for cause, rather than blame. E ME NI NA
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22. Is able to work "win-win" solutions when conflicts occur. fi ME NI NA
1996 Acktey Associates 2
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23. Is sensitive to the dynamics of organizational change and its E ME Nl NA
impact on empZoyees and services.
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24. Is suppordve of change and exhibits strong leadership in planning E ME NI NA
and implemenung change.
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25. Has a cicar vision of wherc our organizauon is heading and how E ME NI NA
to get there.
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25. Has a thorough understanding of the resources (time, commitment, E ME NI NA
money, inforrnadon, etc.} needed for a successful organizaaonal
rransformauon.
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27. Demons�rates sustained support for the transformaaon process and E ME 1VI NA
rejects short-tern� activities if they are inconsistent with long-term
strategies.
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2$. Ensures thac City sta£f receive timely, relevant, stnd accurate E ME NI NA
information.
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29. Ensures that staff is notified pmmptly when there is a change in E ME NI NA
policy, direcrion, rules or practices that .affects them or their work.
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30. Sets and modeIs high standazds of honesty, integrity., and ethical E ME NI NA
behavior.
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31. Is flexible and adapcs to shifting priorities. E ME NI NA
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32. Is able to adjust management behaviors when woridng with others E ME NI NA
of different skills and abilities.
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33. Facilitates candid, effective, and producdve meetings. E ME NI NA
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34. Is clear and direct about her performance expectations and checks E ME NI NA
for understanding and commitment.
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35. Delegates effectively and is able to "let go" and let others run E ME NI NA
with it.
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36. Gives others thc authoriry needed to effecdvcly cazry out E ME NI NA
delegated responsibilities.
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37. Consults with others to create acrion plans thac have realisric goals E ME NI NA
and timelines.
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lsss adcley Associates 3
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38. Establishes clearl�r definerl goals and prioritics, obtaining consensus E M� NI NA
from key stakeholders.
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39. Sets measurable goals and standards for acdvities and projects. E ME NI NA
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40. Follows through on action items or plans to ensure suceessful E ME NI NA
implementauon.
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41. h Conducis periodic reviews to track progress towards goals. E ME N! NA
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42. Closely monitors tbe progress of activities, and intervenes quickly E 1k�lE NI NA
when these are not proceeding according to schedule.
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43. Holds st�.ff accountable for meeting measurable short- and Iong- E MF. NI NA
temi objectives.
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44. Makes sure that direct reports clearly uncierstand how their E ME NI NA
perforrnance will be evaluated.
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45. Provides both positive and constractive feedback on perforniance E ME IVI NA
on a timel basis.
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4b. Takes prompt action to correct unproduc6ve bchavior by describing E ME NI NA
tf�e negative irnpact it is having on the person's work or on others.
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47. Is tolerant of mistakes and focnses on the situauon, not the person. E ME NI NA
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48. Demonstrates a real interest in the H welfare and ovcrall sausfaction E ME NI NA
of those who work herc.
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Please use the foIlocving boxes to add any additional bchaviors that ��ou would like to
bring to my attenfion.
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50. E ME NI NA
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51. E ME NI NA
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4
1996 Ackiey Assoclates
Please share �,°ecific suggcstions on thin�s I can do to be more effective in
supporting you. AIl ideas are appreciated!
Namc (optional}
5
i996 Ackley Associates
CITY OF FREMONT, MICHIGAN
CITY MANAGER PERFORMANCE PLANNING AND APPRAISAL PROGRAM
A i".se� �ame Jcb TtUe
,P.P�
City Manager
;�@partme�t Hire Date
Administration
,;ferFo�a�►ce,�'lan Date PsrF�mian¢s Pei�o� �?Prafsat Date.... c
Ap,pM`aiser� ARp�ai.��rTitl�� ..a.
Mayor
City Councilmember
City Councilmember
City Councilmember
City Councilmember
lnstrvcf�ans:
Performance Planning
a. Prior to start of performance period, City Council and City Manager review plans, objectives and
priorities.
b. City Manager completes a draft of the PPAP form with proposed behaviors, objectives, measures
and standards to be evaluated and consistent with overall City plans and objectives.
c. City Council reviews draft plan with City Manager, saggests changes or additions to performance
plan content and discusses relevant factors that could be considered in evaluating overall
performa.nce.
d. City Manager completes final draft of performance pl$n and forwards to City Council for final
approvaL
Performance Monitoring
a. City Counciltnembers systematically observe and note performance behaviors and results, note
critical incidents and provide ongoing feedback and coaching.
b. City Manager should keep Council informed of progress toward achieving performance
expectations.
c. If necessary, Council may agree to modify the performance plan in response to changing
circumstances or priorities.
Performance Appraisal
a. City Manager completes a dra.ft of the evaluation components of the performance plan.
b. City Council reviews own performance documentation and City Manager's self-evaluation, and
notes areas of agreement ar disagreement with draft appraisaL
a City Council (or designees) and Ciry Manager meet to discuss draft appraisal and reach
consensus on performance outcomes.
d. Performance evaluation is completed in final form, and returned to City Council for signatures.
City Manager may sign and date form as well, but signature is only to indicate that evatuation
information has been discussed with him/her.
e. At the conclusion of the appraisal meeting, the City Council and City Manager should agree on a
schedale for �preparing a performance olan for the next �erformance period.
1
City of Fremorrt: PPAP Form
SECTION 1: BEHAVIORS
1. Coll�boradoa: Devolops and maintains cooperative and wsting relationships with od�er governmental units, public end privete
organizetions, Counalmembers, and other publics on whict� the city administration is depe.ndent or s�ks to serve. Supports and pcovides
leadership in collaborative initiatives for inclusive and compreFtensive planning and problem solving, forging of alliances, creating a sharod
vision, aeid mobilizing resources to meet the needs of the residents.
ae Leuei l�s�rfptors
Per#orm�r.n.. r
Fails to establfsh consistent dialogae wrde other errtitie,s. Unable to pravide effeetrwe leadenhrp and p(am=ing whlch
creates doubt mrd urrcer�ainly as to direction being takerr. Develops few relalionshfps with other eruities, mul places Ineffeet�ve
ezisting relado»shrps at risk Fails to secr�re svpport by other enrities of shared viston
Moderate{y
Eifective
Utilizes current proc2dures and processes to maintai» a competenl dialogue with other entities. Demonstrates
wtllfregr�ss w share info»natio�. Maintawis coopemtiue relarionships with community interests. Can see the "whole EffeeUve
ptctwe mrd considers best interests of all parties coru:er►red. Succeeds on a cwisistent basis rn maintaining current
relationshtps and joining tn coFlaborative initiatives:
Highly
Etfectfve
Initiates communicatiae mui fatters developing relatioruhips with CounetGnembers, governmenta! units, cmd
publtdprivate org�izations which !he City is dependent on, or seeb to serve. Psovides sypportive leadershlp and ExCeptiOnBlly
ident{�'�cattion of collabomttve probtem solving techniques. Seeks out and josters new relaHonships. Sought by others to Effeetive
provide dtrecdon in brin� narties to�ether to accomvlish common �als or resolve comvlex nroblems
S�ibi�l5tatenieiats,.Coaimerits.<�xamtiles..
2. Commitment to uali of Lifa Continuously acts w maintain and enhance the quelity of life for city resideats tiva�gh effxtive p(uming
Q tY
and maaagement of city services, programs and functions. En�vre.s actions taken and results achieved are consistent with the c:ulture and
environment desired by ciry residents. Assists Cowcil in devising plans and initiatives to promote .and serve community inberests, and
effxtivdy respond to changing circamstances without negatively impacting the residenu' qualiry of life.
P�eA�rnrance f.'e�!e!
Perfoita�an�e Leve! D��artpt�rs
fGir�le LiiieI:
Dces not seek out opportwillies to tmprove services ana! programs. Is not prepared os willing to entertain suggestions
for improvenients. Allows needs of one constttuency to overshadaw broader comm+o:iry qualtty of l� concerxs Does lneffeGtive
not consider i�t from Council or citizens, or master plan, in devistng plans cmd actioxs.
Moderately
Effect3ve
Evaluates areas for impravement on a coneinual basls. Fosters isrvolvement of staff, Cow�cil mrd cttizens in
implementing qual ity of G; je improvemenu. Suppwrts and implemenu qualtty of l� enhancements thro'ugh e„�''ective Effs�We
martagement of lime and resou►ces.
Highly
EfEective
Foresees chmeges �ecessary to maximize work e„t/ictency in completing Wsks for maintatning mrd enha»ctng quality of
life. Pravidas integral sapport to Council in devrsing innovarive plmrs cnd sdaeegies to better serve the comnraniry. ��P���Y
Devfses crieative mea►u to supptemenr or stretch resources. mid improve ma�eagement of services and prograrAS, to EffeCtl�/8
promole aualiN of 1ife. P�omotes vride m+d ownershtv jor oualttv oflij'e among all stakeholders.
Sup.'porLtggStaterr�ents, �omm�nfs Examples
i
2
City of Fremo�rt: PPAP Form
3. Communicstions: Demonstrgtes ability to convey information to others cleerly and concisely in a written and/or verbal manner on a timely
basis. Serves as effective advoeau in eommunieating support for eity polieies, programs and pians. Develops az►d maintains effective media
rclations. Continuousiy evaluates and enhences mefhods to provide information to the widest audience possible, through efficieat utilizaYion
of resources and technology. Employs knowledge of interpersonal az�d group communication principks, and reSned ski0s and abilities in
listetting and persuasion in order to maintain and foster nlationships with variety of individuals, sta� residents, organizetians, and agencies
both within and outcide the Ciry.
IS@I�"OfI718110E L@YBI
1��►11n+c61#Y�1 Re��cr�ptors.
f�cG/e Ona3`.
Fails to communrcate tssves on a timely md/or coresistent basis. Faela to provide irEformation to those who reeed it,
and/or provides too mueh tnformartlon to those who do not. Cwr�rxunicatiorts cve often not credlble or unpersuastve, or �neffeCtive
creare confusion and misunderstar+dir+gs, becaese they are poorly org6niud and prepared inaccurate, inconsuAznt, or
sep/e� with mistakes. Poor advoca[e for ctty polfcies and plans.
Moderate{y
EfFective
Consistently presents mfornurtion in n clear, well-organized med e„{)''ecdve mmvrer. Written mrd oral presentatio►+s are
weU eoraa¢ived and logical. Gives and reeetves information and,�edback to promote open eommunication. Lrsterrs mwl EfFeetNe
responds well to others with necessary consideration and sensittvfty. Recognized advocate for cily policies and plans.
Highly
Eifective
Fxcellent liste►eer antl exceptional communiCator. Communicatiwu are sound, effective, and often creative. Absorbs
aru! synthesizes fnformation and skil�juRy articulates complex idear and concepu. Masterful at dialogue and Exceptionaily
dtscussron. Responds to d�crelt o� sensidve situations wtth appsoprtate diplomacy. Seeks out opporlunities to serve as Etfeetive
a speaker or maderator in oresentinx and advocatin�¢ cttv olans and aro¢rmns.
Sl�ppor'bna'Statem�its. Gomments. Exarno/es
�a
4. Policy Facilitation: Evaluaus city policies and resulting programs, services, ordinances, budgets, and so forth; and identifies appropriate
changes, deletions, or additions to improve or enhance outcomes and petceptions of city administretion effectiveness. Facilitetes Council
effectiveness by assisting in development of policy agenda to best serve community interests. Recognius interdependtnce of city govemanee
writh key aeWrs in the community, and builds cooperation and coosensus among and within diverse goups in helping them identify common
goats in service community needs, and act effecNvely W achicve tkiem.
J�rlar►n�t�ia Levef J7es,CrlPfa� `I
h d
5 i
Fa1Ls to conduct consistent or concrete evaluation ofpolicies, programs, services,� urid so forth Develops ►rex'Pdtcy
alternatives only as directed Imffecltve in providtng assistance to Council in creating policy agenda. Does not seek Ineffeetive
ixput of pffected groups on curr¢rrt or proposed polic[es. Inhibits Couricil abiltry to evadrate and set policies, by failrng
to pravlde sound information, or requirfng too much im�olvement in operational issves.
Moderabely
6ffective
Uses appropriate level and neanner of analyses in evaluating existing nnd proposed policies, generating ideas, and
selecting actions to enlw►�ce autco»ees and etty admiaistration. Soliclts and uses advice from others, and promotes
imrolveMent of key acta�s in identrfying ways to senr commemiry needs. Recognizes emerging issues arul need for E�tive
chaeege mrd develops rnrd implements appropriate plans and steps to fmprove operatioru and services. Ensures Conncil
is wel! ir�'orneed on currentpolicres and rheir resulting outcomes. Ensures the Com+cYl receives sourrd advice and
iaJ'ormattart in evaluating and planntng policy in&iatdves.
Highly
Effe�tive
Uses agoing and syslemauc approaches in ident�tng and fmplementrrig opportuRitresfor policy enhancements to
promote contirtuous tmprovenrerrt in programs and services. Abk to create cortsensus and sapport for polic)' initiatives ��p�onally
vmong di►+erse groups with someti�r+es di,,�''ering vtewpoints. Supports Coro+cil rok of pravrding m�ersight and settrng E{�ive
po/icies, anal is recognized as key reso:vce and odvisor in devistng policy changes and addidons. Devises sirategies
yd Dlans tlurt cmtieipate all likelv nroblems cowl issue. to ensure sueeessful imnlementadon of noltev isrtratives.
r1� Stei'enients. GommenLg;:ExamQles
��P�
i
3
City of Fremont: PPAP Form
5. Resource Management: Ens�ms resources hwnan, msterial and fiscel are util'rced wisely; sed resowce utilization is monitored and
cantrolled effectively. Regulerfy explores oppordmities for cost reduction, revenue enhancxment, or incorporation or supplemental resources•
Considers financial impact before decisions arc made.
C�`
per�c�rmance,:Leve! UiescrtptEirs s
Lacks or fails to use co�trols to fnfluence e„�4cteruy or cost e„�('ective�ss. Consistently shows signiftcarn budget
variancea widrouP acoeptable Jus 'hficatiores. Often wastes resources by »ot careful revfewing anpact of dectslons. Fails Ineffective
tofollow up when resources are not properly util�zed.
Moderatehl
Effective
Uillrzes avaita6le controls and procedures to moniror resource utilizatton e�'ecttvely, and devrses apProprlate and
timely correctrve actrons as necessmy. E�cfently uses resources by evrrluating alternatives, selectirsg approprlate Effettivs
sbategles, and implementing best allocation of resourc�es. Budget variancea are within acceptable [imiu.
Hlghly
Etfeotive
DeveFops mul implements innovative methods to enhmrce e„{J''ecriver�ess in planning, monitoring, and controlJirig
resources. .4ggnessio+ely seeks mit methods to enhance e,�cienry cmd cost reduction. Implements lnnavative and ExCepftonelly
pro�ductive meana to stretch and supplemenl resources while enhancing operations a►ra'services. Incorporates EffeCWe
cwnyrehens�ve cmalvses of financial imoact in dec�on makmq, arocess.
:5�lfllf ,g��tatE-fti�ii�S, �E:`�t1'lilf6nt5,�:Exaltlefle3.
t
i i l i
6. Responaiveness: Demonstrates attitude of respeot and openness to citizens and variau businesses, orgsnizations, ageacies end other
govemmental units. Supportc democratic governance by educatiag residems about local govemment, recogiizinB their right w influence loca!
decisions, and pram�ing their active participation. Facilitates the flow of ideas and understanding and develops appropriate �nses to
meet the best interests of the community.
Purylormance i.eve/
Performance Lev�l des�ptars s� fG�rcre>yDrr'e)
Demonstrates a discourteous, unhelpful, or even abrasive marmer to clttuns and other entities. Regularly is source of
conrpla+nts regarding poorly handted sttuatio»s. C�eates suspicion and diserust. R'orlu against democmtic governa►uae lneffeCtive
by impeding active parlicipation of others through Jallure to provide i►�f'ormatton and �eessary edueation.
Moderately
Effective
Is cowteous, sincere and positive in attitrede arid response to citize►rs mrd entiUes Shows willingness to be helpful mrd
�SPo�dsPromPdY and e„$'ectively to inquiries and reqaests. Regularly pardcipates in forums to promote mderstandmg EffeCtive
of clty pdieies ana( programs, cmd promote aetive pardcipution in governance.
Highly
Effective
Conststently dtsplays diplomacy and tact when responding to others. Positive attitude toward.s others ond desire to
,serve is contagious. Takes rnftiative in seeking out opportuntties 10 proniote understandin& support, andPar'ticipatio►t ExCe�lonally
in cttj' 8overnnrent Welcomes a7pat med even critrcisrR from others, and regards such as important in planning and Effective
develonin{t re.mo�rses to best mee� needs o jthe eommunrtv
.F....: ...e.
..,i`
,S State►n`ents. C�iirment�;:Ex�mb/es
h c
i
4
City of Fremont: PPAP Fo�m
SECTION 7W0: PERFORMANCE OBJ�CTIVES
v
Measures/ L
Standards 2
3.
Narrattve Deseription: (Describe the results echieved)
I
2.
3.
Perfortnapce-Levei Term: (Ci�le)
Ineftective Moderately Eifective Highly ExcePtiona��Y
Effective Effective EfFecdvs
Measures/ 1.
Standards
3.
Narrative Descrtation: (Descrfbe the iesults achieved)
1.
2.
3.
Perfortnance-Level Term: (Cim,le)
Ineffective Moderately Effective Highly Exeeptionaliy
Effective Ef'fective E'ffeaive
i i�i
5
City of Fremon� PPAP Form
Measures/ 1.
Standards 2
3.
Namative Descriptlon: (Describe the resu/ts achrevea�
L
2.
3.
Performanee-Level Tenn: (Ci�le)
inefFective Moderately EffecWe Highty Exceptionally
Effective Effective Effective
Measuroa/ l.
Standards Z
3.
Narral3ve Deserintion: (Describe the �sults achie►red)
1.
2.
3.
Perfcrmanca-Level Term: (Ci►cle)
Ineffective Moderately Effective Highfy Exceptionaily
Effective EffecUve Effsctive
6
I
City of Fremo�: PPAP Form
Measures/ 1.
Standards 2
3.
Narrativa Descriation: (Desprbe the results achieve�
L
2.
3.
PerFormance-L.evel Term: (Cl�le)
Ineffective Moderately EfYective Highly Exceptionally
Effective Effective Effective
s
Measuresl L
Standards 2,
3.
Narrative DescriaHon: (Des�xibe the resulfs eChievec�
1.
2.
3.
Pertormanea Term: (Cfrcle)
Ineffective Moderabely Effective Highty Exceptionally
Effective EfFective Effective
7
City of Fremont: PPAP Form
SECTION THREE: PERFORMANCE APPRAISAL
1. Collaboration
2. Commitrnent to Quality of Life
Commer�:
3. Communications
4. Polecy Facilitation
5. Resource Menagement
6. Responsiveness
1.
2.
Comme�:
3.
4.
5.
6
8
Ctty of Fremont: PPAP Form
SECTION FOUR: FUTURE GRQWTH AND DEVEL�PMEN7
1.
2.
3
4.
5:
1
2.
3.:
4.
5.
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
1.
2.
3
4.
5.
�i i
i
9
City of FremoM: PPAP Fortn
SECTI�N FIVE: REVIEW AND SIGNATURES
APPra�see Date:
Signature�:
Appraisers/
Designee: Date:
APP�� Date:
Sig�ature
Appraisers!
Designee: Date:
SignaWre indicates that the perfotmance ptan was reviewed and discussed with the ePPT��Ks). and the eppraisa un�ds i� content
and requirements.
1 Signadue indicates onty thatthe appraisal was discussed with the appreiser(s).
10
I
RT(:#02-381 Attachm�t A
Cit� Manac�er Performance Evaluation
�`uestionnaire
Instructions: The response to each question provides a linear scale ranging from 1 to 5 between two opposing responses.
The lower the number, tbe closer the respondent agrees with the response on the left. The higher the number, the closer the
respondent agrees with the response on the right. A response of "0" indicates that the respondent is declining to answer the
question, for whatever reason. Each respondent should choose the number that most closely agrees with the respondent's
own response.
Council should add additional comments on a separate shee� If you are making clarifying comments for the questions
below, reference specific question numbers before the clarifying comments.
Bud�et and Service Del�verX
Budget:
1. Was the Budget for this current FY and long-range plan understandable as presented by the City
Manager last FY?
Not Understandable 0 1 2 3. 4 5' Very Understandable
p g tary constraints?
2. Were ex endrtures within bud e
Not within Budget 0': 1; 2 3 4: 5 Within Budget
i 3. Were savings attemptecUachieved without service reductions?
Not attempted/achieved 0: 1 2 3 4 5 Attempted/Achieved
M
4. Was Citywide financial performance monitored and was corrective action taken as necessary?
Performance not 0 1 2 3 4 5 Performance
monitored monitored
5. How effective was the City Manager in securing revenue sources such as grants, matching
funding or other sources consistent with the city fiscal policies)?
Not effective 0 1 2 3 4 5 Very effective
Service Delivery:
6. Were services provided to the level and quantity specified in the last budget?
Not to level specified
0: 1 2 3 4 5' To level specified
7. Were most of the critical Level of Service Outcomes met or exceeded by the City as a whole?
Few met exeeeded 0' 1 2 3�� 4 5 Most met/exceeded
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RTC#a2-381 Attacliment A
8. How satisfied were you that a significant number of Level of Service Outcome Measures which
fell significantly short of the targeted level?
0' 1' 2; 3 4; 5 Many LOSs below
Few LOSs below
Comments:
Polic� and Plannin�
g. Is the overall financial condition of the city satisfactory?
Not Satisfactory 0 1; 2 3 4 5 Very Satisfactory
10. Were service deiivery methods evalua.ted and improved, as appropriate`l
No Improvements 0 1 2' 3 4 5� Most Services
Improved
11. Did the City Manager alert Council to changes or trends that may affect the City's future financi
condition?
0� 1; 2 3' 4 5 Alerted to all changes
S- No advanced alerts
12. How well did the City Manager anticipate future rPVenue, service ar�d capital reqwrements
0 1 2 3 4 5 Good anticipation
Poor anticipation
13. Was the City Manager effective in introducing cost saving technology and other innovations
Not effective 0 1 2 3 4 5 Very effective
14. How meaningful and useful was the Annual Financial and Services Report prepared by the City
Manager for Council (same as 1?)
Not useful 0 1 2' 3 4 S Very useful
15. How effective for the Council was the City Manager's system for establishing long range City
goals?
l�Tot effective 0', 1 2 3; 4 5 Very effective
16. How effective was the process for establishing short rangs (6 months to 1 year) legislative policy
Not effective 0 1 2 3 4' S Very effective
17. Did the City Manager provide the council with professional, unbiased information and advice, �n
an understandable way, including reasonable altematives so that council could effectively make
decisions?
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RTC#02-381 Attachmart A
Poor information/advice i 0 1: 2 3; 4` 5 Good
information/advice
8. Did the. City Manager professionally and competently implement Council policies �(regardless of
the nature of the vote on the issue and origin of the issue)?
Poor implementation 0 1 2 3 4 5 Good implementation
ly manner?
19. Were the staff reports provided to council in a tune mm s
Not timely 0 1 2 3 4' 5 Ve timel
..n' .Y...._...
20. Were the staff reports comprehensive and understandable so that Council was able to make
appropriate legislative decisions?
Not Understandable
I 0 1; 2 3 4: 5; Very Understandable
.m
21. Did the City Manager effectively assist the Council in identifying priorities for setting its annua
legislative policy?
Not effective 0 1 2; 3 4`: 5 Very effective
22. How effective was the City Manager at keeping Council aware of significant intergovernmenta.
events which may have effected the City?
Not effective 0 1 2 3 4` 5� Very effective
I
23. Was adequate staff support provided to Council for their Intergovernmental assignments?
Not adequate 0 1 2 3 4 5 Very adequate
24. Overall, how effective was the City Manager in developing plans and unplementing City policies
Not effective 0 1 2 3; 4 5', Very effective
Comments:
Mana�ement
Leadership:
25. How effective was the City Manager in communicating organizational values, philosophy and
vision to the organization?
�a_._._
Not effective 0 1; 2 3 4 5 Very effective
�6. Did the City Mariager effectively energize and motivate the organization and allow them to focus
their efforts to maximize city-wide synergy?
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RTC#02-381 Auactunent A
Not effective 0� 1� 2 3 4 5 Very effective
COA7!'I"1 Catl0ll:
27. How effectively does the City Manger communicate Council Policy to the various Constituencies
(media, public, City Council, City Attomey, employees and employee representa.tives)?
Not effective 0" 1 2 3 4 5 Very effective
uately open, responsive, and courteous?
28. Are verbal communicahons adeq
Not adequate 0 1 2 3 4� 5 Very adequate
29. Are written communications adequately understanda.ble, succinct and appropriate for the audience
and purpose intended?
Not adequate 0' 1: 2; 3 4 5 Very adequate
30. Does the City Manager's communication adequately encourage invo lvement o f ci t i z ens an d
constituencies affected by issues being addressed by the Council?
Not adequate 0; 1 2 3 4' 5 Very adequate
Staff Development:
31. How effective is the City Manager at selecting, leading, and developing the executive
management team?
Not effective 0 1� 2' 3� 4; 5 Very effective
32. Is the City Manager effective and appropriate in delegating authority and responsibility to
subordinates?
Not effective 0 1 2 3 4; 5: Very effective
33. Has the City Manager taken effective actions to assure a highly motivated, quality work force
capable of providing excellent customer service to Sunnyvale's citizens?
Not effective 0 1 2 3 4 5 Very effective
Organizational/Managerial Effectiveness:
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.ci.sunn afe.ca.us/
http:Uwww Y`►
RT(:i�02-381 Auachment A
34. How effectively does the City Manager foster cooperation and coordination within the Office of
the City Manager and between this department and other City Departments?
Not effective 0 1 2 3' 4; 5 Very effect�ve
35. Has the City Manager created an effective organizational structure and environment that
maximizes the effective provisions of City services?
Not effective 0 1 2 3 4 5 Very effective
36. Does the City Manager effectively anticipate future organizational needs and position the
organiza.tion so that it is ready to meet those needs?
Not effective 0 1 2 3 4 5, Very effective
37. How effectively does the City Manager visualize implications of various approaches in solving
problems and seeing opporiunities?
Not effective 0; 1 2` 3 4 5 Very effective
38. Is the City Manager willing to take initiative and do what is necessary to get the job done?
Not willing V 1 2 3 4 5 Very willing
39. Is the City Manager decisive in reaching timely decisions and initiating action?
Not decisive 0 1 �2 3 4 5 Very decisive
40. Is the City Manager effectively flexible, enthusiastic, and cooperative in approaching issues and
individuals within and outside of the organization? I
Not effective 0 1 2` 3 4 5 Very e�fective
41. Does the City Manager demonstrate openness to alternative approaches and generate enthusiasm
for attaining challenges/goals through cooperation?
Not open 0 1 2 3' 4 5 Very open
42. Is the City Manager able and willing to work cooperatively with Council, the City Attorney and
sta.ffto achieve results in the best interest of the City? MYM. M.
Not willing 0 1 2 3 4 Very willing
43. Is the City Manager honest, sincere, and upright in his/her professional interactions with others?
Not effective 0 1 2 3 4` 5 Very effective
44. Does the City Manager display the courage of his/her convictions without being
counterproductively stubborn
Not stubborn 0 1 2 3 4� 5 Very stubborn
Comments:
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RTC#02-381 Attachment A
Professional and Career Develo}�ment
�45. Has the City Manager attained the personal targets and/or Council defined targets for professional
and cazeer development that link to areas for growth identified when his/her performance plan
was established?
Not attained targets 0 I 1' 2; 3~ 4 5 Attained targets
46. Have the training, formal education and/or professional activities planned been accomplished?
Not accomplished 0 1 2 3 4. 5 Accomplished
activities activities
Comments:
Guidin� Princi�les
PUBL/C SERVICE.
''s trust throu h ethical behavior and
47. Do you feel he/she has worked to preserve the pubhc g
excellent responsive service?
Strongly Disagree 0 1 2 3 4 5 Strongly Agree
48. Do you feel he/she has esta.blished partnerships with community members to help them help
themselves?
Strongly Disagree 0 1 2' 3 4 5 Strongly Agree
49. Do you feel he/she works to balance efficiency and effectiveness?
Strongly Disagree 0; 1 2; 3 4 5 Strongly Agree
50. Do you feel he/she preserves those processes and elements which are special and unique to the
City of Sunnyvale and enhances those which can be made better?
Strongly Disagree 0` 1 2 3; 4 5' Strongly Agree
�RESPEC7� AND RECOGN/T/ON:
51. Do you feel he/she treats people with dignity and courtesy?
Strongly Disagree 0� 1' 2 3� 4' 5 Strongly Agree
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RTIX102-381 Attachment A
52. Does he/she value diversity of opinion, ideas and views?
Strongly Disagree 0 1' 2' 3 4 5 Strongly Agree
3. Does he/she provide support their employees need to succeed?
Strongly Disagree 0 1 2 3 4 5 Strongly Agree
54. Does hefshe tavst employees to know best how to do their job?
Strongly Disagree 0 1 2 3 4 5 Strongly Agree
55. Does he/she honor individual and team achievements, celebrate successes and allow employees to
learn from mistakes?
Strongly Disagree 0 1; 2 3, 4 5 Strongly Agree
56. Does he/she ensure that employees are acknowledged and fairly compensated for their
contribution?
Strongly Disagree 0 1 2 3 4; 5 Strongly Agree
57. Does he/she hold employees responsible for creating and mainta.ining a comfortable and safe
working environment?
Strongly Disagree 0 1 2 3 4 5 Strongly Agree
LEADERSHIP:
the cornmitment to achieve the esta.blished shared
58. Does he/she work with employees to maintam
vision?
Strongly Disagree Q 1 i 2; 3 4 5 Strongly Agree
59. Does he/she lead by example?
Strongly Disagree 0 1 2 3' 4� 5 Strongly Agree
r5'_�_..._..P Y P the authority to act?
60. Does he/she reco 'ze that eve em lo ee has a leadershi role and
Strongly Disagree 0 1' 2 3 4 5 Strongly Agree
61. Does he/she foster a safe environment for responsible risk-taking and creativity?
w.
Strongly Disagree 0 1; 2 3 4 5 Strongly Agree
62. Does he/she communicate complete information and use facts in decision- making?
Strongly Disagree 0: 1! 2 3 4 5 Strongly Agree
HONESTY AND INTEGRITY:
63. Is he/she truthful and trustworthy?
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RTC#02-381 Attachment A
_.M..
Stron 1 Dis e
g y agr e 0 1 2` 3 4 5 Strongly Agree
4. Is he/she responsible and accounta.ble?
Strongly Disagree 0 1 2 3 4 5; Strongly Agree
65. Does he/she keep his/her word and honor his/her commitments?
0 1 2' 3 4`: 5 Strongly Agree
Strongly Disagree
66. Does he/she raise and discuss difficult issues?
Strongly Disagree 0` 1 2 3 F 4 5 Strong�y Agree
67. Does he/she continuously assess performance and consistently apply policies.
Strongly Disagree 1 2 3 4 5 Strongly Agree
Comments:
Return to RTC# 02-381
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CITY OF GRANDVIEW
CITY ADMINISTRATOR
PERFORMANCE EVALU�4TION
This form shall be completed by each member of the Board to evaluate the City
Administrator's perFormance in each of the areas noted befow. Performance
levels can be noted, based on the following scale:
1 Poor (rarely meets expectations).
2= Below average (usualiy does not meet expectations).
3 Satisfactory (meets performance expectations).
4= Above average (generally exceeds performance expectations).
5= Excellent (almost always exceeds expectations and performs at very
high standard).
Each member of the Board should sign the form and forward it to the Mayor, who
will be responsible for compiling the comments.
EVALUATION PERIOD: T��
1. PERSONAL
Invests sufficient effort toward being diligent and thorough in
the discharge of duties.
ivi ual
Composure, appearance, and attitude fittmg for an ind d
in his executive position.
2. PROFESSIONAL SKILLS AND STATUS
Knowledgeable of current developments affecting the
i Id and affectin ci ovemments.
mana ement fe h� 9
9 9
mana ement
rofession.
ected m
Res 9 P
P
Has a capacit�r for and encourages innovation.
Anticipates problems and develops effective approaches for
solving them.
r Members or
Willin to t new ideas proposed by Boa d
9
ry
staff.
3. RELATIONS WITH MAYOR/BOARD OF ALDERMEN,
Carries out directives of. the Board as a whole rather than
those of any one Board member.
Assists the Board on resolving problems at the
administrative level to avoid unnecessary Board action.
Assists the Board in establishing policy, while acknowledging
the uftimate authority of the Board.
Responds to requests for information or assistance by the
Board.
Informs the Board of admir�istrative developments.
Receptive to. constructive criticism and advice.
4. POLICY EXECUTION
Implements Board action in accordance with the intent of the
Board.
Supports the actions of the Board after a decision has been
reached.
Enforces City policies.
Understands City's laws and ordinances.
Reviews enfoccement procedures periodically to improve
effectiveness.
Offers workable alternatives to the Board for changes in the
law when an ordinance or policy proves impractical in actual
administration.
5. REPORTING
Provides the Board with reports conceming matters of
importance to the City.
Reports are accurate and comprehensive.
Reports are generally produced through own initiative rather,
than when requested by the Board.
Prepares a sound agenda which prevents trivial
administrative matters from being reviewed by the Board.
6. CITIZEN RELATIONS
Responsive to complaints from citizens.
Dedicated to the community and its citizens.
Skillful with the news media, avoiding political positions and
partisanship.
Has the capacity to listen to others and to recognize their
interests—works well with others.
Willing to meet with members of the community to discuss
their real concerns.
Cooperates with neighboring communities.
Cooperates with the County, State, and Federa!
governments.
Cooperates with other organizations within the City, such as
Chamber, School Districts, and Water District.
7. STAFFING
Recruits and retains competent personnel for City positions.
Aware of staff weaknesses and works to improve their
performance.
Accurately informed and concerned about employee
relations.
Professionally administers the merit system.
8. SUPERVlS10N
Encourages Department Heads to make decisions within
witho Ci Administrator a roval
their own Junsdictions ut ty pp
yet maintains general contro! of administrative operatians.
Instills confidence and initiative in subordinates and
emphasizes support rather than restrictive controls for their
programs.
Has developed a friendly and informal relationship with the
i
work force as a whole, yet maintains the prestige and dignity
of the Cify Adrninistrator's affrce.
Evaluates personnel periodically, and points out
management weaknesses and strengths.
9. FISCAL MANAGEMENT
Prepares a ba(anced budget to provide services at a level
directed by the Board.
Makes the best possible use of available funds, conscious of
the need to operate the Cit�r efficiently and effectively.
PFepared budget is in an intelGgent but readable format.
Possesses awareness of the importance of financial
planning and Gontrol.
10. What would you identify as the results achieved during the evaluation
period as representative of the strengths of the City Adrninistrator'?
I
11. What performance areas would you identify as needing irnprovement?
Why? What constructive, positive ideas can you offer the City
Administrator to improve these areas?
12. Other comments?
Signature:
Date:
�s�. oF ��Rn�uvc�:
City of:
Position:
Date:
i
CITY OF
Evaluation of Cbief Executive Officer
E�cplanations and Directions Performance Evaluation as Team Building
•s��*s+s�*�++srs�sssMS*s�M�s��s+�+tsis�++s�s
Evaluati�n aR '�eam Bnildin,
If evaluation is to be, in the truest sense, a means of team b'uilding, certain c°nditions must prevail.
The two processes must be compatible and iaterr'elated in the following wape:
1. Evaluation is basically a means, not an end in itse2f.
2. The �rvst levei be�areen the evaluatee and evaluatars must be high.
3. The roles each are to fulfill must be clearly indicated aad accepted.
4. A;�esponsi'bilities are matched with pre-determined �tandA ef �exforma�
Definition af Roles
A. City Council
1. Conduct annual assessments of perfarmance of the Chief Ezecutive Officer
(CEO).
Z. Respect the p�erogatives of the CEO inaofar as operation man,agemeut function
of the orgenizatton is concerned and the policy functiaa of the Connril.
3. Make assessments in �,*±�rAi tenns ezcept ia.iastances where speci,fic
r when licit commendations are dne.
im
vemeats are needed o e=p
Pro
B, Chief Execeitive Officer
1. Accepts the prospects of annual evaluation:
2. Understands the scope and thrust �f the evaluations.
3. Expects the evaluations to adhere to the established grocedures for evaluating
the performance of the CE
O.
�re.determined Performance Standards
A performance standa�d is d�nea as a condition that will exist when a responsibility or function is
'she at tI�e outset, for
successfully performed. It is essential that a performance
standard be establi d,
each of the eight major areas of responsibility of the CEO. This is necessary in arder to use the
rating scale effectivbly.
Maior Areas of Resvonsibilitv_
It should be reiterated that in determiniag the aPPr°Priate level of expectations, actual performance
must be measured in relation to the indicated standard of performance.
��]4T
Eight major areas of responsibility as the basia upon which assessmenta are to be made• DescriPtors
as provided under each ta clarify the mesning and content of the area. However� the evaluation ia
made af the m�jor area:
R.atin¢ Svrnbol9
Rating Qymbols are used to make the assessment� and these symbols
fall iato t�ree main categoriea:
xceeds E ectations (perforasance haa been above reasanable ezPectations)
E E xp
M= Meets Expectations (pezformance has attained a Ievel of reasonable ezpectations�
B= Below Expectations (performance has been below reasonable ezpectations)
To all�w for further refinement of these assessmeats, each of the th�ee m w
ratin cate
'es fro
f nine S'�
a+or- 1.
This allows for a continuum o S
anth t sY� erformsace.
indicates the lowest rating to E+ which indicates trulY ezemplary p
As indicated earlier, �vithout more precise definition cf the term "ezPect��ions�� it is pos�ble that
will result ia the use of the term. In arder to help avoid t�ia poasibilih►. the concept of
ambiguity
verfarmance standarti� ia used.
arasaace staadard is stated, i�acluding
Yt will be noted that in connection with each major area, a perf
the conditions that have to be met in ordex' to decide the eatent to wliich "ezpec�ations" have been
me�.
_3
v
EIGHT MAJOR. AR.EAS OF RESPONSIBILITY
I. Organizational Management
II, FiscaUBusiness Management
III, Program Development and Follow-Through
N. R.elationship with the MayorlConncil
V. Long: Range Planniag
yi, R.elationship with Publicll'ublic B.elations
ter overnmental Relations
VII. In S
�I, Professional/Personal Development
.a-
RATING RESPOI�S�II.�ITY PERFORMANCE STANDARD
E+ L OrPanizational Manageaient Or@anizational Management will be
considered effective when a
E me,jority of tbe conditions have been
successfully fuTfilled.
E-
Plcns a�ed orgwe�zes the rvork th.at a. We1i qualtffed P�`o��8
M+ goes �cto pronid3rcg se�v�ces Persons are recruited a�ed
established by past and curreret �P�Yed
dec�s�oits of the CouatciL
b�. Employees ore apPl`vpr�ately
Piarss ar� orga:cizes u�ork that placed corctrtbunrzg to a high
carrles out potictes adopted by the reterciion rutG
B+ Couacil and developed by Staff.
c. Super�v3sory tech.niques motirw#e
B Plcsrs ar�d orga�izes responses to high performa�cc�
public requests cr�ed complai�cts or
areas of concerri brought to th�e d Compla�ircts to Countil are not
atter�tio� of Staff by Cosc�ctl aad commorr.
Staff.
Tht arg�siizatio�c is am�e o f
1��uat�On ared keepin.g up mith new tne�cds tech�cology.
currertt teclinology.
Select�n� lead�� d�rec#.�.& and
deueloPircg sta�'f inembe�'s.
e
�,i�m ents. Observations of Evaluators: (use this space slso to iadicate #he impact upon the
amwork factor)
�ggP�ona for Imrn�vement: (Specific area(s) that need streagtheninp�
��end�tions: (Area(s) cf performazice calling for P=aise%ommenc3ation)
Camments of the CEO: (R,espanses to any of the evaluations/comments/suggestions/commendations.
-S-
RATING RESPONSIBILITY PERFORMANCE STANDARD
E+ II. FiscallBusiness Management FiscaUBus�ness Management will be
considered eifective when a
E majority of the conditions have been
successfully fulfilled.
Plar�s a�d organizes the preparatiore a. Budget prepara.t�o� and
M+ of arc a�enual budget rvith mana8eme�t are ihorough and
documentatlon, etc tha3 confarms to �fe�
guideliries odopted by Lhe Coundl
b. Cost-eff'ecttvt measures oa
Plar� organizeA a�+d odm�inisters I��'�t�y p��'
the adopted budget rvith approved
B reuertues vnd ezpendttures. c F'£�ccucdal re�orling i.s ttmeLy a,rid
read3ly uaderstandable.
B Plan; orgareizes a�d supervises most d Phystcal fcccilitles mar:agemen,t
ecanomic util�zation of
B-
manpomer/materi:als/mruhz�e�'• is ef�cr,e�L
plans and orgardzes a system of
reports for Couracil tha# promde
most ug-to-date data ava�ilable
concerning expend�turGS and
TCDCT!?t�
Plaas and orgarutzes ma�ritencuice of
G'ity-owried fa�li�, buildi�8s
cuedlor eqrr.�pmer��
C`,emments: Observations of Eval.uators: (use this sPace also to indicate the impact upon the
�g ork factor)
G�e^�ea}+ons far In��vement: (Specifi.c area{s) that need strengthenin�
:('�mmendations: (Area(s) of performaace calling for praiselcommendation)
C`,on,�ents of the CEn: (R.esponses to any of the evaluations/commente/euggestionalcomm
PERFORMANCE STANDARD
R.ATII�IG RESPONSIBILI'FY
E+ III. Pro am Development and Follow Prograzn P�anning techniques aad
Er
o idered
i dures will be c ns
proce
Throu h.
g ot the
E
effective w�hen a majority
conditions have been snccessfully
E- fulfilled.
M+ Prans and orgarcizes on-go�ng a. Ongo�rcg programs and sertnices
programs ared se�-crices to City are fully respons�iue to #he City's
M gow�nmen.� rieeds.
M Plans and organizes u�ark invotv8d b. Mon�torir:g proudur i�z
lace and furccttorii�g
ro am su
es
tto P
researcfr�az 8
ut g P 8
8.�, by Couatcil artd Sta.f/` artd the
report�cg of the resrllts of a�alys� G Measw'able outwmes (to the
extent PossiSte� are used to
B 3sairctairc.s krcou�leaige of current and deterrn�ree success Pv�og�'ani
ir:novatiue treruis fi� the orea o f P��L�
B- services bei�cg provided by local
gouPrnment� arc� irccorporates ihat d The CEO can be dependeti upon
krcowledge in program sugges�Ons to follow through.
and research.
D�akes most e�ective use of
Plares aad orgarcizes zaork assigned available Staff
by the Courtcil so that it is completed
wtth. dispatch and eff'zcienc3+•
Plon; organizes and supervises
i implemeretation of programs
ad.opted or approvad by tlu Courc
cil.
Comme�;, Observations of Evaluators: (�ise this space a1sA to indicate the imPact uPon the
tearnworl� factor)
�uEg� estions for Tzn�rovemes tSpecific area(s) that need strengtheningl
i �o n•(Area(s) of per�ormance calling for praise/commendation)
(',omments of�,he rE(): (Responses to any of the evaluationskomments/suggestions/comme
I
i
'i
RATING RESPONSIBIIrITY PERFORMANCE STANDARDS
E+ IV. Relationshi witb Mayor and Relai3ons �vith the Mayor/Council
p
Ca�� will be considered effective �cvben a
E m�jority oi the conditions have been
successfully fulfflled.
Ma�ictafins effective communtcation. a. �aterial�, rePor�t� Preserttatiorts
M+ botls verbal cnd Larltten, u�ith artd reconr��r�da�°ns cre
��ty �t �o�,�gty
M
to Corsrt i� Commu.�ica�tor�.s ara n:ade ir= a
MaaTrctczns a��adicbiiity c�
M_ either persanadly or through �IY. foM�g� �°P�
design,a#ed subordinates
B+ Establishes aaed mai�to3ns a system 8espo�ses to requests are made
g of ��8 to Corutdl crvratt pTdres 1��P�Y camptetely.
and c�iuit�ies of the Stc,ff.
a� d 8ecommendattons appear io be
Plans und orgar�ies mater�als for tharouglt�y researched.
presento#ions to tlu Cound� e�Ether
verbaIIy or rvr i#ttn, irt tht most e Adequa�te iri.fcrmat�Eo�c is
cosuats� clecr, ar�d eom�ehere�e Pl'er�ded to Cou�dl to make
mcr�rr� possible, ��D�
f, A system is #r� plact to report to
Cousicil crurertt plans, a�Wdt�.
��f��•
�mments: Obaervations of Evalnatora: (use this space slso to indicate the impact upon the
w factor)
j
Suggestiona�o� Im�rovement: (SP�cific area(s) that need strengthenfng�
Commendatio�s: (Area(s) of perforsuance calling for praiselcem�aendatien)
stione/commendations.)
Corr�ments of the CEnj (Responses to any of the evaluations/comments/sugge
-8-
RATING. RESPONSIB]I.ITY PERFORMANCE STANDARD
Strategic planning will be
E+ V. Long R,ange Plannin� considered effective wbea e
E m$jority of the canditions have been
successfiilly fulfilled.
E- a. A well�consb�ucted tvreg-range
Ma�rcta�ir�s a krtowledge of riav lart �.s turreretly frc
M+ t e c h r w l o g t e� s J' s t e m� metho d s y da fsb'ateg3c� P
�ri. relattor� to City s�ires °p°��
b A�cual operational plans are
Seeps Cou�ccil adv�sed af new ar�d �d vut by Staff inember�.
imPendin.8 LeB�sLatio� and
developments irc the area of publ�c
�c on�going monitortr�g prvicess.
B+ p �s 3n operation to atta�r���.�fY
Plans ased orga�zes a prousa of Pr'oSr'ar�+
B P�B�''� P��B ��p�O of groject implerne�tatio�.
a future rueds oJed problems d p��.� �,alu.atlor� and
F.stcblishes arid nr��cta,ins ar� prrso�el er�alua�or� ore f�tPr
a:varer�ess of deDelopmer�ts rela,ted r�th the strateglc
occuri�Tiig mithi�c other cttiea or other P��g P�'°�
jt�rtsd�ctiorss thas m�y h.a�e are G�� k�eorviedge �s currer�t
i"�'pact (Yty a� and comple�te.
ptcri,� crgarrfies arid mainta3ns a
proaess for establ�shing commtrt�tY
goals to be approv�eat or adapled bY
Cauru�l avid mordtor�g.arsd status
�-�8►
3
Comment� Observations of Evaluators: (use this sAace also to i��� �e �p� �P°n the
factor)
S,ovpat+en� for Im�mvem�� (Specific areafs) that need strengthening)
r.�nLrn_endntions: (Area(s) of perfornzance calling for praise%ommendatio�
r�mzr�g�� of ttjg CEO: (F�esponses to a�ny of the evaluations/comments/auggestions/co
-9
RATING RESPONSIBII�ITY PERFORMANCE STANDARD
YI. Belationshi with PubliclPubIic Communication services will be
E+ p considered effective when a
Relations.
E majority of the conditions have beea
snccessfully l�ilf►lled.
E- a. Contacts rvtlh the media. are
plaru, orga�tizes a:td m�afsitaires
M+ �g of �P�3'ees fn co�to�ct wish
the publ�S e�thu' bY Phoru or irs
p b. F'��bltcat�ona are v�arhted ond
cv�siatently rvelbreceived by the
Ehsw�es that on a,tt�tiude and feel�.g
of �Pf�� CO��'• m the uSIic and
8 sensitffvdt�y to public percept�or� esists a Feedbautk fro P
iri cmgloyees comirig irt conta,ct rvith the camrnur�ity IeaderahiP is
B
tlse public. p
Establ�shes und m.airita}r�s an image d City ha,s good �nrage rvtth
of the C�iy to the community that comparabk orgari3zai�ons.
represents serr�ic� r�ta�Y and
profess�onalism.
Establish.es and ma#nta�s a Iiaiso�
with prlvate nor�gov�nental
cgutc� orgv�iations and groups
frir�olaed in areas of co�cern th,at
relate to servdces or acttvtties of the
Git3'-
r,nmm� Obseri►ations Evaluato�s: (use this space also to indieate the impacL up�a the
amwork factor)
Sno�restions for Ia��rovemP� (3Pecific area(s) thnt need strengtheain�
C'.���endatians� (Area(s) of perfornia,nce calling for pra.ise%ommendation)
ons/co
mmendations.)
su est�
Com,ments of t,�ie CEO: (Responses to any of the evaluatio�slcommenta! gg
lo
RATING RESPONSIDILITY PERFORMANCE STANDARD
E+ VII. Intergovernmental Relation� Intergoveramental relatioaa �vill be
considered effective wben a
E m�jority of the conditions have beea
successfi:lly fnlSlled.
E.
�Iairitains cwarvuss of a Suff de�t o�adtY r.ofth
M+ derulopments a:rd pla�s irt otha� n�P� P�fcsstortal
jur�sd�ctloris that may relate to or orgar�zatton,t
affed City go�L Regarded as leader by ntunic�pal
Establishes and matretai�is a Iia�so�e off�cial�.
rv�th ot.her gov��mental
B+ jurisaT�dions those areas of seroice a ProrRdes esarnPles of good ideas
that imprave or enhance the Cixy's from oiher jurisdict�ore�
B d Poa�tve relationsJr�p rr�ith
Ma#�ta3ns comnwnfcai�ores rv�th surroua�d�ag citles.
B- governme�tal jurisdictions with
tvh3ch the (�ty► is inr�olved or e Good coopa ation r�th Courity
f��, arui State agencie�
Comments: Observations of Eva,luators: (nse thia space also to indicate the impact upon the
teamwark factor)
S„�petia++s for L��rnve�n4�i�. (SP�c area(s) that aeed stren,gtheninP�
��#3izLd��ons: (Area(s) of Performsnce calling for prsise%ommendstion)
�nmmenta of the CEO: {Responsea to auy af the evaluations/coaunents/suggestionslcaaa:aendations.
I
-11-
t
RATII�TG RESPONSIBII.ITY PERFORMANCE STANDARD
E+ VIIL Professional/Personal Proiessicnal snd personal
DeveIopmeat competencies �vill be considered
E effective wben a maJarily oi the
conditions have beea successfu3Iy
fitlfitled'
M+ 3�a�etair�s a�areruss ar�d value oj Mariaganerit tech�iques shorv
b� o�� �f� c�d �c�i�v' en
M_ Demonsirates imagirtanr�e br. Syr�a�getic techriiques are
leadership �aziEtiat�tves. fostered.
B+
Ab�lity to build cohesive�ess �rc V catioa is
B St°'fj'
B. Deds�veness �ac ieadership
po forma�ce.
�fe�esa vprbal
con:mu�t3cat3o�s.
r.
Coinment� Observations o�f Evaluators: (use t�is space also to i.ndicate the impact upon the
or�m faetar}
T
f s
''-sa^
54,��estioas fnr Imrn�ovem�n� (Specific area(s) need etY'eag�hmin�
r.�+�*nendati n�sc (Area(s) of perforasance eslling for pacaise/commendstion)
['y�ents of thP C��Q; (Respenees to. any of the evalustions/caanmentafsuggestianelcomnaendations.)
12
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor
I
From: Michael J. McCauley�
City Manager
Date: March 22, 2006
Re: 2006 City Manager Evaluation Form
Attached is a compilation form that combines Council Member Niesen's and Council
Member Carmody's forms into one document. Based on the direction from the Council,
Council Member Niesen's form was used as the base form. Where Council Member
Carmody has alternate language for the same basic area. contained in Council Member
Niesen's draft, Council Member Cazmody's alternate language is placed in italics below
the applicable section. Where Council Member Carmody's form suggested altemate
headings, those are set forth at the end of the document. Sections proposed by Council
Member Carmody not included in Council Member Niesen's draft aze set forth as
"Additional Sections" and numbered beginning with 11. Relatiouship With Mayor and
Council.
The draft numbers ea.ch proposed area and then letters each subsection for ease in
discussing each line separately.
I would suggest that the combined form be generally discussed at the March 27�' Work
Session to set the April lOth as the date to go over the draft. section and line by secrion
and line. This will permit Council Members the opportunity to review the combined form
and identify specific sections or lines they wish to discuss or to propose modifications.
My general comments are that the combined form needs to be streamlined into fewer
sections with more focus on administrative competencies and responsibilities. The basic
question is the City Council's direct knowledge of the areas being evaluated and the
relation of the evaluation to the City Manager's responsibilities.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
n enter MN 55430-2199 (763)
569-3400
I Brookly C
FAX 763 569-3434
all TDD Number 763 569 3300 t
Cit H
y
FAX (?63) 569-3494
www.cityofbrooklyncenter.org
Combination Form
i
DRAFT
CITY MANAGER EVALUATION FORM
Combined Council Member Niesen Council Member Carmody
Did Not Achieve: is that level of performance that consistenfly failed to approach the requirements of t�e job.
Needs Imnrovement: is that level of performance which consistently fa11s below the requirements of the job. It
does not mean that every espect of the employee's performance is below adequate standards, but that, in general, the
employee does not meet the minimum expectations and requirements.
Met Expectations: is that level of performance which is considered adequate to meet the requirements of the job.
Some day to day variation is to be expected and may range, on occasion, from poor to very good. For the most part,
however, met expectations represents satisfactory perfornzance which would neither be consistently below nor
superior to what is necessary to do the job.
Ezceeds Egoectations: is that level of performance that consistently surpasses standards of adequate performance.
Greativ Exeeed Eg�ectations: is that level of performance consistently greatly surpasses the standards of adequate
performance.
1. Policy/Ordinance Facilitation
a. Presents policy/ordinance-related infotmation clearly, completely and accurately.
b. Respects and supports the role of elected officials in makin.g policy/ordinance decisions.
c. Ensures that policy/ordinance decisions and initiatives are implemented.
d. Crives Council community feedback on policieslordinances that were received directiy by City personnel.
1 2 3 I 4 I 5
Did Not Needs Met Exceeded Greatly Exceeded
Achieve Improvement Eapectstions Ex�ectations Ezpectations
Comments:
2. Citizen Service
a. Keeps current on citizen needs by using effective communication vehicles and pmcesses.
b. Ensures prompt, courteous and accurate responds to requests from citizens either directly or through the
CounciL
c. Ensures that necessary and appropriate city services are provided in a timely and effective manner.
I,
3. Democratic Responsiveness
a. Keeps currenton the unique culture and demographics of Brooklyn Center.
b. Demonstrates a commitment to democratic principles by respecting elected officials, community interest
groups, and the decision-making process.
Res cts and romotes active citizen articipation in local govemance.
P p
City Manager Evaluation Form
1 DRAFT
I
4. Functional and Operational Effecfiveness
a. Is Knowledgeable on the basic principles of service delivery in functional areas: public safety, community
development, public works, finance, parks and recrearion.
b. Provides reasona.ble, effective and cleaz budge� Monitors key financial indicators to ensure financial
performance is on track; reports discrepancies and recommends appropriate financially responsible a,ctions
to CounciL
c. Sources of information or opinion cited in documents and presentation are current, complete, balanced and
accurate.
d. Manages allocation of financial resources to meet and match the changing needs and ability of the citizenry.
e. Anticipates future needs, organizes work operations accordingly and establishes timetables for projects.
f. Yearly goals and objectives are planned and 'unplemented effectively using city recourses in the most
efficient manner.
5. Interpersonal Ski11s
a. Conveys information effectively and objectively to others; distinguishes effeetively the presentation of fact
or opinion.
b. Facilita.tes the flow of ideas, inforrnation, and understanding between and among individuals.
c. Demonstrates the ability to work in harmony with others, minim�zing conflict and fostering goodwill within
the organization, with the public and other governmental representatives and extemal groups.
6. Staff Effectiveness
a. Maintain professional and high quality stai� that provides reports and services that are timely, complete,
equitable and of consistently high quality.
b. Holds the organiza.tion accountable for results.
c. Stays current on ievel of staff morale (high, medium, low).
d. Ensures that the policies and procedures for employee hiring, promotion, performance appraisal and
discipline are legal, current and equita.ble.
i. Alternate Council Member Carmody
1. Ensures that the policies and procedures with regardr to empdoyee hiring,
promotion, performance appraisal and discipline are followed.
7. Leadership
a. Demonstrates the capacity to inspire and motivate others to achieve their best and fulfill the objectives of
the counciL
b. Demonstrates commitment to make decisions, address and fulfill responsibilities.
c. Anticipa.tes and positions the organization to a.ddress and respond to anticipated events and circumstances.
d. Accepts responsibility for undesirable results.
8. Ethics and Integrity
a. Models and requires honest and ethical beha.vior; does not allow dishonest/unethical behaviors to go
undisciplined.
b. Demonstrates integrity in professional relationships and personal actions. Abides by the ICMA Code of
Ethics and maintains good standing the ICMA organization.
i. Council Member Carmody alternate
1. Demonstrates integrity in professional relationships and personal acrions.
c. Demonstrates and models the organizations' values, nussion statement, goals aad objecdves.
City Manager Evaluation Form 2 DRAFT
9. Organizational Planning and Management
a. Provides accurate assessment of the City's fiscal condition.
b. Prepares clear, effecdve, understanda.ble budget.
c. Effectively manages the allocation of financial recourses.
d. Council Member Carmody
1. Plans, organizes and supervises the most economic utilization of manpower,
materials, and machinery
10. Communicallon
a. Demonstrates a capacity for effective written and verbal communication.
b. Communicates information to the media in a way that increases public understanciing of local government
issues and activities.
c. Conveys information effectively and objectively to different audiences.
i. Council Member Carmody alternate
1. Is able to convey information e, f�`'ectively and o8jectively to a variety of audiences
d. Agendas are developed and communicated in a process allowing Council appropriate discussion and voting
timeframes to effectively fulfill their elected duties.
ADDITIONAL SECTIONS
Council Member Carmody
11. Relationship With Mayor and City Conncil
a. Establishes and maintains a system of reporting to the council current plans and activities of staff
b. Plans and organizes materials for presentations to the council, either verbal or written, in the most
concise, cleax and comprehensive manner possible
12. Long Range Pianning
a. Maintains knowledge of new technologies, systems, methods, etc. in relation to City services
b. Keeps the Council advised of new and impending legislation and developments in the area of public
Polic3'
c. Establishes an awareness of developments within other cities or other jurisdictions that may have an
impact on city activities
d. Plans, organizes and maintains a process for assisting the council in establishing community goals
including a process for monitoring and reporting on the city's progress toward achieving those goals
13. Relationship with Public/Pablic Relations
a. Establishes and maintains a liaison with private non-govemmental agencies, organizations and
groups involved in areas of concern that relate to services or activities of the city
14. Intergovernmental Relations
a. Has a liaison with other governmental jurisdictions in those areas of service that improve or enhance
the city's prograrns
b. Maintains communications with govemmental jurisdictions with which the city is involved or has
interaction
15. Profession�l and Personal Development
a. Maintains awareness and value of broadening professional and personal development
City Manager Evaluation Form 3 DRAFT
b. Demonstrates imaginative leadership in staff
ALTERNATE HEADINGS FROM Council Member Carmody's form
�rganizationat Management
iscaUBusiness Management
Program Development and Follow T6rough
City Manager Evaluation Form 4 DRAFT
Cr'ty o}'Brooklyn Cencer City Nianager Evaluation
Year
F�T.ATIOI�T� �I'FS COT���
(Circle One)
1. Written Communication Above Meets Below
Standard Standard Standazd
9 8 7 6 5 4 3 2 1
Effectiveness of letters, memoranda, and other forms of. written communication
to the Council.
COMMENTS:
I
(Circle One)
2. Media Relations Above Nieets Be1ow
S t�ndard S tandard S taudard
9 8 7 6 5 4 `3 2 1
Presentation of t�ioughts in an orderly, understaudable manner. Keeps
appropriate people informed. Talks to people.
COMMENTS:
(Circle One)
3. Availability To Council Above Nteets Be1ow
Standard Standard Standard
9 8 7 6 5 4 3 2 1
Is available and acts on Council concerns and suggestions.
COMMENTS
3 City of Brooklyre Center City Manager Evaluation
Year
REL�A�'IONS.�?t�I.T�. �0�J1�CIL..
(Circle One) I
4. COmm11Il1CatlOn Wlth Pub11C Above Meets Below
Standard Standard Standard
9 8 7 6 5 4 3 2 1
Effectively presents the Council's position.
CONIlVIENTS
i
I
(Circle One)
5. Sensitive to Council's Needs Above Meets Below
Standard Standazd Standazd
9 8 7 6 5 4 3 2 1
Ability to understand and meet the political needs of the Council.
CONIMENTS
i
3 Cuy of Brooklyn Cenrer City Manager Evaivation
Year
ADN�IlVIST'1�A1`IUN
(Circle One)
1. Employee Development Above Meets Below
Standard Standard Stand'ard
9 8 7 6 5� 4 3 2 1
I Abili to devel
ty op subordinates talents to achieve high levels of productivity and
foster professional and personal growth of employees.
I COMMENTS:
(Circle One)
2. SuperviSiOII Above Meets Below
I Standard Standazd Standard
9 8 7 6 5 4 3 2 1
Ability to direct and control employees in an effective manner to reach desired
goals.
COMMENTS:
(Circle One)
3. Execution Of Policy Above Meets Below
Standard Standard Standard
9 8 7 6 5 4 3 2 1
Ability to understand and carry out the overall policy, laws, and plulosop�y of
the City.
COMMENTS:
3 Cuy o}' Brooklyn Center City 1blanager Evaluation
Year
ADMII�tY'ST1�,.4TIDN
(Circle One)
4. Budgeting Above Meets Below
Standard Standard Standard
9 8 7 6 5 4 3.2 1
Ability to supervise the development of a yearly budget. Effectively use the
budget as a planning and control a.id.
�i
COMIV�NTS:
(Circle One)
5. Reporting Above MeEts Below
Standard Standard Standard
9 8 7 6 5 4 3 2 1.
Ability to deliver assignments and carry out responsibilities on schedule.
COMMENTS:
a
(Circle One)
6 Planning Above Meets Below
Standard Standard Standard
9 8 7 6 S 4 3 2 1�'
Ability to plan, organize, and maintain a process of establishing goals.
COMMENTS:
City o,�' Brnoklyn Center City Manager Evaluation
Year
AI3R�II1VIS7.3�ATIO�V'
(Circle One)
7. Leadership Above Ntee�s Below
scana�a Standard Standard
9 8 7 5 4 3 2 1
Ability to motivate others and to obtain optimum results through others.
COMMENTS:
(Circle One)
Follow Through Above Meets Below
scana�a s�aaza srana�a
9 8 7 6 5 4 3 2 1
Demonstration of skills to accomplish work assigned by Council with �imeliness
and efficiency.
COMMENTS:
j
3 City o}' Bmoklyn Cenrer City 11��anager Evaluation
Year
REL��.'I€al� E�� ..�AI� OR�AI�T�Z:A�TIQI�TS
(Circle One)
1. Community Relations Above lvteets Be1ow
Standard Standard Standard
9 8 7 6 5 4 3 2 I
Abilit to effectivel i
nteract with all se ents of the communi
Y Y tY
COl�IlVIENTS:
(Circle One)
2. Media Relations Above �yteets Be1ow
Standard Standazd Standard
9 8 7 6 5 4 3 2 1
Ability to skillfully represent City to all med�a forms.
COMMENTS:
(Circle One)
3 Intergoverrunental Relations Above Meets �3e�.ow
Standard Standard Standazd
9 8 7 5 5 4� 3 2 1
Facility to maintain a positiv� relationship with a11 governmental agencies and
surrou�ding municipalities that may enhance the City's plans and prograzns.
C4N[N�NTS:
I
3
Ciry o}' Brooklyn Center City l�ianager Evaluation
Year
S
�EL�TI�N� WITS F��.TII�N� OR��NIZATI4N�
(Circle One)
4. Professional Reputation Abo�e Meets Below
Standazd Standard Standazd
9 8 7 5 5 4 3 2 1
Abili to function accordin to the hi h ideals and ethics of the rofession.
tY g g P
COMN�NTS:
i
3 City of BmoktyR Center City Manager Evaluation
Year
i
SPEC� CONCERN� �RE�S
(Circle One) I
1. Delegatian Above Meets Below
Standard Standard Standasd
9 8 7 6 5 4 3 2 1
There will be a continued need for starong delegation as ernployees need a
clearcut definition of what is expected of them. Equally important will be the
responsibility for regulaz follow-through and accountability.
C011�IN�NTS:
(Circle One)
2. HOUrS Of WOrk Above Meets Below
Standard Standard Standard
9 8 7 6 5 4 3 2 1
It is understood that the position of City Manager will require extra hours in the
way of Council meetings, planning commission meetings, League meetings,
citizen group meetings, etc. It is agreed that you wi11 put in the extra effort and
time to "get the job done"
COMMENTS:
(Carcle One)
3. Participative Management Style Above ivteers Below
Standard Standard Standard
9 8 7 6 5 4 3 2� 1
In addition to involving the other department heads in your decision making,
there will �e situations where executive action is needed and you will be
required to make independent decisions right or wrong.
COMMENTS:
City of Bmoklyn Cenrer City Nianager Evaluation
3
Year
sP�c�� coN�rr
(Circle One)
4. Practicality Above Meets Below
Standazd Standard Stan�ard
9 8 7 6 5 4 3 2 1
With the widening of the scope of your management responsibility, there will
need to be expanded effort in communication to aIl employees, at every level.
COMMENTS:
(Circle One)
5. Organization Above Meets Below
Standard Standard Standard
9 8 7 6 5 4 3 2 I
At �our suggestion, there will need to be improvement of personal organization.
Establishing and maintaining personal and Ciry priorities will be one of your
primary responsibilities.
CONIN�NTS:
(Circle One)
6. TeBmwOrk Above Meets Below
Standazd Standard Standard
9 8 7 S 5 4 3 2 l
It will be necessary to establish a strong "team oriented" management
philosophy. Employees should be motivated through goal oriented leadership
and coaching, not consensus or a totally direcSave approach.
CONIIV�NTS:
i
Ci of Brookl n Center
tY Y
Evaluation of City Manager
Expianatioas and Directions
Evaluation as Team Building
If evaluation is to be, in the truest sense, a means of team building, certain conditions must
prevail. T�e two processes must be compatble and interrelated in the following ways:
1. Evaluation is basica]ly a means, not an end in itself.
2. The trust level between the evatuatee and evaluators must be high.
3.� The roles each are to fi�lfill must be clearly indicated and accepted.
4. Responsibilities are matched with pre-determined standards of performance.
DeGnition of Roles
1. City Council
A Conduct annual assessmerrts of performance of the City Manager.
B. Respect the prerogatives of the City Manager insofar as opera�tion management
functian of the organizarion is concerned and the policy function of the CounciL
C. Make assessments in genera! terms but also by using specific examples in instances
where specific improvements are needed or when explicit commendations are. due.
City Manager
A Accepts the prospects of annual evaluation.
B. Understands the scope and thrust of the evaluations.
C. Expects the evaluations to adhere to the established procedures for evaluating the
performance of the City Manager.
D. Agrees to make the effort to implement results of the evaluation.
Pre-determined Performance Standards
A performance standard is defined as a condition that will exist when a responsibility or function
is successfully perfor�ned. It is essential that a performance standard be established, at the outset,
for each of the twelve major areas of responsibility of the City Manager. This is necessary in
order to use the rating scale effectively.
Major Areas of Responsibility
It should be reiterated that in determining the appropriate level of expectations, actual
performance must be measured in relation to the indicated standard of performance. Four major
areas of responsibility serve as the basis upon which as5essments are to be made. Descriptors are
provided under each to clarify the meaning and content of the area. However, the evatuation is
made of the major area.
1996 Goals for City Manager
L Code Enforcement
II. Familiarize self with City and Staff
III. New Budget Format
N. Building Needs: Develop a Plan
General Duties
I. Organizational Mana.gement
II. FiscaUBusiness Management
III. Program Development and Follow-through
N. Relationship with the Mayor/Council
V. Long Range Planning
VI. Relationship with PubliclPublic Relations
VII. Intergovernmental Relations
VIII. ProfessionaUPersonal Development
Evaluation of: Michael J. McCauley.+ Citv M�
Evaluated by:
I. CODE ENFORCEMENT
Rating Write your Comments in the Space Provided Below:
Comments: (Observations of Evaluators)
Suggestions for Improvements: (Specific areA(s) thAt need strengthenin�
Commendations: Areu s of erformance callin for raiselcommendation
P g P
Comments of #he City Manager: (Responses to any of the evaluations, comments, suggestions,
stnd/or commendations)
i
II. FAMILIARIZE SELF WTT�� CITY AND STAFF
Rating Write your Comments in, the Space Provided Below:
Comments: (Observations of Evaluators)
Suggestions for Improvements: (Specitic nrea(s) that need strengthening)
Commendations: (Area(s) of performance calling for praiseJcommendation)
Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions,
and/or commendAtions)
III. NEW BUDGET FORMAT
Rating Write your Comments iu the Space Provided Below:
Comments: (Observutioas of EvaluAtors)
Suggestions for Improvements: (Specific area(s) that need strengthening)
Commendations: (Area(s) of performance calling for praise%omraendation)
!I
Comments of the Gity Manager: (Responses to any of the evaluations, comments, suggestions,
and/or commendations)
TV. BUILDING NEEDS: DEVELOP A PLAN
Rating Write your Comments in the Space Provided Below:
Comments: (Observations of Evaluators}
Suggestions for Improvements: (Speci�c area(s) thnt need strengthening)
I
i
I
�Commendations: (Area(s) of performance calling for pra�se/commendat�on)
i
�I
Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions,
and/or commendations)
I.ORGANIZATIONAL MANAGEMENT
...y
Responsibility
Plans and or�anizes the work that goes into praviding services established by past and current
decisions of the Council.
.Plans and organizes work that carries out policies adopted by the Council and developed by staff.
Plans and organizes responses to public requests and complaints or areas of concern braught to
the attention of staff by Council and staff.
Evaluation and keeping up with current technology.
Selecting, leading, directing, and developing sta,ffmembers.
Performance Stand�►rd
Organizational Management wiIl be considered effective when a majority of the conditions have been
successfully fulfilled.
WeII quatified, promising persons are recruited and emgloyed.
Employees are appropriately placed contributing to a high retention rate.
Citizen complaints are effectively resolved.
The organizadon is aware of new trends in technology.
Rating Write your Comments in the Space Provided Below:
Comments: (Observ�tions of Evalnatvrs)
Suggestions i'or Improvements: (Specific area(s) that need strengthening)
Commendations: (Area(s) of performance calling for praise/commendation)
Comments of the City ManAger: (Responses to any of the evaluations, comments, suggestions,
and/or commendAtions)
II. FISCALBUSINESS MANAGEMENT
Responsibility
Plans and organizes the preparation of an annual budget with documentation, etc. that conforms
to guidelines adopted by the Council.
Plans, organizes, and administers the adopted budget with approved revenues and expenditures.
Plans, organizes and supe.rvises the most economic utilization of manpower, materials, and
machinery.
Plans and organizes a system of repocts for Council that provide the most up-to-date available
concerning expenditures and revenue.
Ptans and organizes maintenance of City-owned faci]ities, buildings and equipment.
Performance Standarti
FiscaUBusiness Management will be considered effective when a majority of�the conditions have been
successfully fulfilled.
Budget preparation and management are thorough and effective.
Cost-effective measures are persistently pursued.
F'mancial reporting is timely and readily understandable.
Physical faciiides management is efficient.
Rating Write your Comments in the Space Provided Below:
Comments: (Observations of Evaluators)
Suggestions for Improvements: (Specific area(s) thAt need strengthening)
Commendations: (Area(s) of performance calling for praise/commendation)
Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions,
and/or commendations)
v III. PROGRAM DEVELOPMENT AND FOLLOW-THROUGH
Responsibility
Plans and organizes on-going programs and services to City government.
Plans and organizes work involved in researching program suggestions by Council and staff and
the reporting of the results of analysis.
Maintains knowledge of current and innovative trends in the area of services being provided by
local governments, and incorporates that knowledge in prograrn suggestions and research.
Plans and organizes work assigned by the Council so that it is completed with dispatch and
efficiency.
Plans, organizes and supervises implementation of program adopted or approved by the Council.
Performance Standard
Program planning techniques and procedures will be considered effective when a majarity of the
conditions have been successfuUy fulfilled.
Ongoing programs and services are fully responsive to the City's needs.
Monitoring procedures are in place and functioning well.
Mea.surable outcomes (to the extent possible) are used to deternvne success in program planning.
The City Manager can be depended upon to follow through.
Matces most effective use of available stafftalent.
Rating Write your Comments in the Space Provided Below:
Comments: (Observations of Evaluators)
Suggestions for Improvementss (Specific area(s) that need strengthening)
Commendations: (Area(s) of performance calling for praise%ommendation)
C'omments of the City Manager: (Responses to any of the evAluations, comments, suggestions,
andlor commendations)
IV. RELATIONSHIP WITH MAYOR AND CITY COUNCIL
Responsibility
Maintains effective communication, both verbal and written, with Council.
Maintains availabiliry to Council, either personally or through designated subordinates.
Established �nd maintains a system of reporting to Council current plans and activities of the staff.
Plans and arganizes materials for presentations to the Council, either verbally or written, in the
most concise, clear, and comprehensive manner possible.
Performance St�ndard
Retations with the Mayor and Council wili be considered effective when a majority of the conditions have
been successfully fulfilled.
Materials, reports, presentations and recommendations are ciearly and convincingly made.
Communications are made in a timely, forthright, and open manner.
Responses to requests are made promptly and completely.
Recommendations appear to be thoroughly researched.
Adequate information is provided to Council to make decisions.
A system is in piace and utilized to report to Council current plans, activities, and events of the
City.
Rating Write your Comments in ttie Space Provided Below:
Comments: (Observations of Ev�luAtors)
Suggestions for Impravements: {Specific area(s) that need strengtl�ening)
Commendations: (Area(s) of performance calling for praise/commendation)
Comments of the City Manager: (Responses to stny of the evaluations, comments, suggestions,
andlor commendations)
V. LONG RANGE PLANNING
Responsibility
Maintains a lalowledge of new tiechnologies, systems, methods, etc. in relation to City services.
Keeps Council advised of new and impending legislation and developments in the area of public
policy.
Plans and organizes a process of program planning in anticipation of future needs and problems.
Establishes and maintains an awareness of developments occurring within other cities or other
jurisdictions that may have an impact on City activities.
Plans, organizes and maintains a process for assisting the Council in establishing community goa�s
including a process for monitoring and reporting on the City's progress toward achieving those
goals.
Performance Standnrd
Strategic planning will be considered effective when a majority of the conditions have been successfully
fulfilled.
A well-constructed long-range (strategic) plan is currently in operation.
Annual operational plans are carried out by staffmembers.
An on-going monitoring process is in operation to attain quality assurance in program and project
implementation.
Program evaluation and personnel evaluation are interrelated with the strategic glanning process.
Legislative knowledge is current and complete.
Rating Write.your Comments in the Space Pravided Below:
Comments: (Observations of Evaluat�urs)
Suggestions for Improvements: (Specific area(s) that need strengthening)
Commendations: (Area(s) of performaace c.111ing for praise/commendation)
Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions,
and/or commendations)
VI. RELATIONSHIP WITH PUBLIC/PUBLIC RELATIONS
Y
Responsibility
Plans, organizes, and maintains training of employees who have primary responsibiiity for contact
with the public, either by phone or in person.
Ensures that an attitude and feeling of helpfulness, courtesy, and sensitiviry to public perception
exists in employees coming in contact with the public.
Establishes and maintains an image of the City to the community that represents service, vitality
and professionalism.
Estabtishes and maintains a liaison with private non-governmental agencies, organizations and
groups invotved in areas of concem that relate to services or activities of the City.
Performance Standard
Communication services will be considered effective when a majority of the conditions have been
successfully fulfiiled
Conta.cts with the media are timely and credible.
Publications are varied and consistentiy welt received by the citizens.
Feedba.ck from the public and the community teadership is positive.
City has a good image with comparable organizations.
Ability to solicit and use feedback from the public.
Rating Write your Comments in the Space Provided Below;
v Comments: (Observations of Evaluators)
Suggestions for Imprvveraents: (SQecific area(s) that need strengthening)
Commendations: (Area(s) of performancE ealling for praise/commendation)
Comments of the City M�nager: (Responses to any of the evaluations, comments, suggestions,
and/or commendations)
VII. INTERGOVERNMENTAL RELATIONS
ResponsibiIity
Maintains an awareness of developments and plans in other jurisdictions that may relate to or
affect City governments.
Establishes and maintains a liaison with other governmental jurisdictions in those areas of service
that improve or enhance the City's programs.
Maintains communications with governmental jurisdictions with which the City is involved or has
interaction.
Performance Standard
Intergovernmental relations will be considered effective when a majority of the conditions have been
successfully fulfilled.
Sufficient activity with municipal and professional organizations.
Regarded as leader by municipal officials.
Provides examQles of good ideas from other jurisdictions.
Positive relationship with surrounding cities.
Good cooperation with County and State agencies.
Improved mutual understanding and relationship with the State Legislature.
Rahng Wr�te your Comments in the Space Provided
Below.
Comments: (Observations of Ev�tuAtors)
Suggestions for Improvements: (Specific area(s) that need strengthening)
Commendations: (Area(s) of performance calling for praise/commendation)
Comments of the City Manager: (Responses to any of the evaluations, comments, suggestions,
and/or commendations)
VIiI. PROFESSIONAL/PERSONAL DEYELOPMENT
Responsibility
Maintains awareness and value of broadening professional and persona] development.
Demonstrates imaginative leadership initiatives.
Ability to build cohesiveness in staff.
Decisiveness in teadership performance.
Effectiveness in verbal communications.
Performance Standard
Professional and personal competencies will be considered effective when a ma}ority of the conditioris
have been successfully fulfilled.
Management techniques show evidences of innovaxioq imagination and decisiveness.
Synergetic techniques are fostered.
Continuous professional personal gowth is demonstrated.
Rating Write your Comments in the Space Provided Belovv:
Comments: (Observations of Evaluntors)
Suggestions for Improveraents: (Specific area(s) that need strengthening)
CommendAtions: (Area(s) of performance calling for praiselcommendation)
Comments of the City Mlnager: (Responses to any of the evaluRtions, comcnents, svggestions,
and/or commendAtions)
Pa rt 1 C ri m e Rate I n d ex*
Source: Minnesota BCA
(murder, rape, aggravated assault, robbery,
burglary, larceny, motor vehicle theft, and arson)
9000
8000
a 7000 Brooklyn Center
Ma lewood
0 6000 p
o Fridley
0 5000 Roseville
4000 I New H ope
a Richfield
3000 _-T---
White Bear Lake
c
2000 Crystal
o Golden Valle
1000 y
Shoreview
0
1999 2000 2001 2002 2003 2004 2005 2006
Year
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First
Amendment"), made as of the 23rd day of July, 2007, by and between the Economic
Development Authority of Brooklyn Center, Minnesota (the "Authority"), a body corporate and
politic organized and existing under the laws of the State of Minnesota, and Brooklyn Hotel
Partners, LLC, a Minnesota limited Iiability company (the "Developer").
WITNESSETH:
WHER.EAS, the Authority and the Developer have previously entered into a
Development Agreement dated as of October 23, 2006 (the "Development Agreement"),
pursuant to which the Authority agreed to, among other things, abate certain taxes to the
Developer to assist with certain public redevelopment costs of a project undertaken by the
Developer in the City; and
WHEREAS, the Developer and Authority desire to amend the Development Agreement
to provide for an amended and extended closing date for phase one of the development, and to
revise the terms of the easement agreement attached to the Development Agreement as Exhibit
L;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other that the Development
Agreement is hereby amended as follows:
1. Definitions. The following capitalized terms set forth in Section 1.1 of the
Development Agreement are hereby amended as follows:
"Closine Date" means the dates on which the Phase I Property and Phase
II Property are conveyed by the Authority to the Developer, which dates shall be
as the parties mutually agree, but which date shall in no event be later than
Qctober l, 2Q07 with respect to the Phase I Property and not later than Apri130,
2012 for the Phase II Development Property;
"Comnletion Date" means December 31, 2008, with respect to Phase I of
the Minimum Improvements, and October 3l, 2013 with respect to Phase II of the
Minimum Improvements;
First Amendment to Develonment A�reernent means the First Amendment
to Development Ageement by and between the Authority and the Developer
dated July 23, 2007;"
2. The Apri130, 2007 and October 30, 2008 dates in Section 4.4 shall be revised to
be Octaber l; 2Q07 and December 31, 2008.
3. Exhibit L to the Development Agreement is hereby deleted and in its place is
substituted Exhibit L attached hereto.
2044100v3 2
necessary to make needed repairs or as may be legally necessary, in the
opinion of such Owner's counsel, to prevent the acquisition of prescriptive
rights by anyone; provided however, that prior to closing off any portion
of the Parking Lot Area materially and adversely affecting parking on the
Developer Tract, the Owner of the HRA Tract shall give written notice to
the Owner of the Developer Tract of its intention to do so, and shall
attempt to coordinate such closing with the Owner of the Develaper Tract
so that no unreasonable interference shall occur.
3.1.3 The Owner of the HRA Tract reserves the right at any time and from time
to time to exclude and restrain any Person who is not a Permittee from
using the Parking Lot Area.
3.1.4 No Permittee shall be charged for the right to use the Parking Lot Area,
except pursuant to a lease or other agreement entered into between the
Owner of the HRA Tract and a Permittee.
3.1.5 Parking in the Parking Lot Area by Permittees of the Owner of the
Developer Tract shall be limited to automobiles, motorcycles and pickup
trucks; no semitrailers, recreational vehicles, boats, trailers or large trucks
will be permitted to park in the Parking Lot Area; there shall be no
overnight parking, except that overnight parking shall be permitted on the
HRA Tract by Permittees of the Owner of the HRA Tract.
3.1.6 The Owner of the Developer Tract shall use good faith, commercially
reasonable efforts to require that all employees of its Occupants park on
the Developer Tract and not in the Parking Lot Area.
3.1.7 The Owner of the Developer Tract shall pay its proportionate share of the
costs of repairs, maintenance and replacement of the Parking Lot Area as
provided in Section 6.5.
3.1.8 The Owner of the HRA Tract reserves the right to limit and designate,
frorn time to time, which of the 45 parking spaces in the Parking Lot Area
are available for parking by Permittees of the Owner of the Developer
Tract, including the installation of signage deemed necessary or desirable
by the Owner of the HRA Tract.
3.2. Drivewav Easement Develover/HRA. The Owner of the Developer Tract, for
itself and its successors and assigns, hereby grants and conveys to the Owner of
the HRA Tract for its use and the use of its Permittees, in common with others
entitled to use the same, a perpetual, nan-exclusive easement for the passage of
vehicles and pedestrians over and across the Shared Driveway Area
Developer/HRA. Such easement rights shall be subject to the following
reservations and agreements as wells as other provisions contained in this
Agreement.
zoaat o0�3 L-6