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HomeMy WebLinkAbout2006 05-22 CCP Regular Session I Public Copy AGENDA CITY COLJNCIL STUDY SESSION May 22, 2006 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 b the Secret Y �Y• I 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscelianeous I 4. Adj ourn i i Page 1 of 1 Michael McCauley From: Scott Bechthold Sent: Monday, May 22, 2006 4:43 PM To: Curt Boganey; Michael McCauley Subject: FW: Bank Robbery at the Honeywell Federal Credit Union From: Scott Nadeau Sent: Monday, May 22, 2006 4:34 PM To: Scott Bechthold Subject: Bank Robbery at the Honeywell Federal Credit Union The Honeywell Credit Union was robbed by a lone male on May 22, 2006 at approximately 2:08 p.m. In the robbery the suspect handed the teller a handwritten note demanding money, and the teller then handed over an undisclosed amount of money. There was no weapon seen or implied. We are currently awaiting still photographs from the FBI, who is assisting in the investigation. The suspect was seen leaving in a green truck, and a license plate number to that vehicle was provided by a witness, however it does not match the description of the truck given by the witness. Investigation continues in cooperation with the FBI. Lt. Scott Nadeau Brooklyn Center Police Department 6645 Humboldt Ave N Brooklyn Center, MN 55430 (763) 503-3203 snadeau@ci. brooklyn-center. mn. us 5/22/2006 CITY COUNCIL MEETING City of Brooklyn Center May 22, 2006 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 Foruxn 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 .m. P 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 Councii 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 —Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 1, 2006 Board of Appeal and Equalization I 2. May 8, 2006 Study Session 3. Ma 8 2006 Re ular Session Y g 4. May 8, 2006 Work Session b. Licenses CITY COUNCIL AGENDA -2- May 22, 2006 c. Resolution Ratifying Cancellation of May 15, 2006, City Council Work Session With Financial Commission d. Resolution Approving the Memorandum of Understanding for LELS Local 86 (Lieutenants/Sergeants) and the City of Brooklyn Center for the Post Employment Health Care Savings Plan 8. Planning Commission Item a. Planning Commission Application No. 2006-005 Submitted by McDonald's US for Site and Plan approval and a Special Use Permit to redevelop the existing McDonald's convenience food restaurant into a new 78 seat convenience food restaurant with a drive-up window at 5525 Xerxes Avenue North. The Planning Commission recommended approval of this application at its May 22, 2006 meeting. •Requested Council Action: Motion to approve Planning Commission Application No. 2006-005 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Mayoral Appointment Financial Commission •Requested Council Action: —Motion to ratify Mayoral nomination. b. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005-18, Contract 2005-I, Central Park Ballfield Lighting Improvements •Requested Council Action: Motion to adopt Resolution. c. Presentation on Emergency Management Preparedness and Avian Flu (Chief Boman) •Requested Council Action: Receive presentation. 10. Adjournment City Council Agenda Item No. 7a i 5-22-06 Fr: Councilmember Niesen Re: Changes to Minutes COiTNCIL REGULAR SESSION 5-8-06. Pa�e 11 SOLICITATION OF PUBLIC SECTOR EXEC RECRUITING FIRM PROPOSALS Councilmember Niesen stated that legally, the position of City Manager must be posted and applications must be taken; it cannot just be given to someone. She stated that the position of City Manager is the only position Council controls and the most important Administrative position in the City. EDA REGULAR SESSION 5-8-06. Pa�e 2 AUTHORIZING THE ACQUISITION OF REAL PROPERTY.. Commissioner Niesen stated her opposition to the City purchasing the property and taking over the tax payments. She stated she felt that the market should be allowed to work and noted that City Manager Michael McCauley stated the City had received only one inquiry on church zoning and that the EDA Director confirmed no further contact with this person had occurred. COUNCIL WORK SESSION 5-8-06. Pa�e 1 DIRECTION TO HOUSING COMMISSION Councilmember Carmody asked Councilmember Niesen what she had in mind with her neighborhood suggestion for the Housing Commission. Commissioner Niesen stated she thought the Housing Commission could take one or two neighborhoods per year, starting with the east side and moving west, and use their creativity to document 1-3 things each neighborhood could brag about, and 1-3 things that challenged each neighborhood. She stated she hoped the result would give the Council direction to build upon the City's assets and direct attention to broadscale things that could improve the quality of life for neighborhoods. 5/22/2006 1 of 1 A MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION MAY 1, 2006 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O'Connor was absent and unexcused. Also present were Assistant City Manager/Director of Operations Curt Boganey, City Assessor Nancy Wojcik, Hennepin County Assessor Tom May, Appraiser Jill Brenna, Appraiser Technician Karen Casto, and Deputy City Clerk Camille Worley. 2. ASSESSOR'S REPORT City Assessor Nancy Wojcik reported that during the summer of 2005 her office conducted re- inspections for the 2006 assessment of the residential properties located east of Vera Cruz Avenue, south of 694, west of Shingle Creek Parkway, and north of Bass Lake Road/Co. Rd. No. 10. In addition to all single-family homes located in the review area, all commercial, apartment and industrial properties were also reviewed. The inspection area involved 2,038 residential parcels with e�cterior inspections on a11 and 66 percent of those had interior inspections. The interior inspection percentage is down slightly from previous years due to the elimination of a second mailing to remind owners to set an appointment. This was done as a cost saving measure starting in the summer of 2003. In May her office began the re-inspection process which was completed by the end of September. Following the review of scheduled quintile, the focus switched to the residential properties with new improvements, commerciaUindustrial, and apartment properties. All permit review inspections were completed by her sta.ff and commercial inspections by herself. The review of new improvements added an additiona1945 properties to the inspection total and approximately 600 of these properties required exterior inspections and approximately 345 required interior inspections. The estimated total number of residential properties reviewed in 2005 was approximately 2,938. OS/Ol/06 -1- DRAFT Ms. Wojcik outlined some of the commonly asked questions from the valuation notices sent in March 2006; 2006 assessment ta�c capacity payable in 2007 property type breakdown; comparison of the assessed value by property type from 2004 to 2007 tax payable years; comparison of the properry tax base by properiy type from 2004 to 2007 tax years; tax rates across the school districts; homestead tax history; changes made to 2006 assessment; residential assessed value of a median home and tax capacity from 1998 through 2007; assessed valuation changes for single-family residential properties for taxes payable 2006; and residential sale information from the realtors MLS system. The overall value changes made to the 2006 assessments were as follows: Citywide (including all property types) 6.3 percent Citywide (excluding new construction) 5.7 percent Citywide (residential single-family detached only) 6.8 percent Citywide (excluding new construction) 6.5 percent Commercial (excluding new construction) 3.5 percent Industrial (excluding new construction) 13.6 percent Apartments (excluding new construction) .2 percent Condominiums (excluding new construction) .7 percent Co-ops (excluding new construction) 1.4 percent Townhomes (excluding new construction) 3.0 percent Double Bungalows (excluding new construction) 4.2 percent Residential Neighborhoods: #50-#56 All Residential 6.9 percent (excluding new construction) 6.6 percent #50-#55 Residential Off Water 7.0 percent (excluding new construction) 6.7 percent #56 Residential Waterfront 4.3 percent (excluding new construction) 3.6 percent Ms. Wojcik reminded the Board that the only issue before the Board is the estimated market value of individual properties. 3. QUESTIONS REGARDING THE ASSESSMENT REPORT This item was discussed after Appearances by Taxpayers with Appointments. Councilmember Niesen inquired about the pie chart under Assessor's Report. Ms. Wojcik stated the chart is the portion of tax capacity from the City of: Residentia161 Apartments 8%, Commercial 22%, Industrial 9%, and Farm 0%. Councilmember Niesen asked why the tax payable on the following page does not correspond with the pie chart. Ms. Wojcik explained that the tax payable OS/O1/06 -2- DRAFT I figures came from a finalized County report of estimated market value and the pie chart came from the City is Tax Capacity. Ms. Wojcik explained that the tax payable chart is the tota.l taxable value, not the tax capacity represented in the pie chart. Ms. Wojcik explained how the tax capacity is calculated. Assistant City Manager/Director of Operations Curt Boganey stated Minnesota has a unique way of ta�cing properties; however, the legislature came up with a way of spreading property taxes among different classes of property use. He discussed class rates in regard to taxes. The City Council and Hennepin County Assessor Tom May discussed abatement and uses of such. Councilmember Niesen inquired about the Changes Made to the 2006 Assessment. Ms. Wojcik explained that this chart shows the average increase by taking the value of a11 the properties on the river and all the properties on the lake where they were increased 3.6% to get an acceptable ratio on the sales to get to an assessment level that Hennepin County requires. 4. STATEMENT OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION AND A REVIEW OF THE BOARD'S DUTIES Ms. Wojcik discussed the purpose of the Board of Appeal and Equalization. Minnesota Statutes Section 274.01 provides that the governing body of each City or a duly appointed Board will serve as the Local Board of Appeal and Equalization. This review is held each spring and the Board has the responsibility to review the assessed valuation and classification of properry within the City. This I year's review is limited to the 2006 assessment; which affects taxes payable in 2007. tion or ciassification of a ro e for the current The Board has the authonty to change the valua p P rtY assessment year (2006). T�es or prior year assessments are not within the jurisdiction of the Board. Ms. Wojcik outlined materials from the Minnesota Revenue Loca1 Board of Appeal and Equalization handbook to assist in the definition of market value and classification. 5. QUESTIONS REGARDING THE LOCAL BOARD DUTIES I No questions were asked regarding the Board duties. 6. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS I The following addressed the Council to appeal their 2006 estimated market value: u Gene Anderson, 2121 57 Ave North, addressed the City Council to express that he believes his property value is too high and the property can not be compared to properties in other communities because the building is at least 50 years old with only minor improvements. He stated the land is less than 100 feet by 1 QO feet. He sta.ted concern that the west property line shown by the County is incorrect. He explained that the building is a former gas station and although the gas tanks have DRAFT OS/Ol /06 3 been removed soil ollution is a ossibili He ex la.ined that his son has assumed responsibility for P P tY P the property and if the business was to be sold outside of the family, the value is undeternvned. He stated objection to the doubling of his property value between 2004 and 2007. He provided an appraisal for $120,000, an appraisal for $140,000, and sta.ted the City had offered $150,000 years earlier. Mayor Kragness stated the properiy line should be clarified. Councilmember Niesen asked if this is the first year Mr. Anderson has contested his properiy value. Mr. Anderson stated he has not appeared before the Board before; however he has questioned the value with the City Assessor in previous years. Councilmember Niesen inquired as to the future year's valuation if the valuation is lowered this year. Hennepin County Assessor Tom May explained that every year is a new year with properiy valuation and the valuation would continue to be based on the market. Councilmember Carmady inquired as to how the properry value decreased compared to last year. Mr. Anderson explained that due to iliness and postponed notification from his son, he did not obj ect to last year's valuation, however he feels it was also too high. The City Council and Ms. Wojcik discussed Mr. Anderson's property with the comparable sales in particular to the garage, warehouse and office uses. Ms. Wojcik explained that the market e ched the w d and re-sk t information was Hennepin County vv�de onguially; however, she revie e property to determine the amount used as office and warehouse. She stated that after review, there was no significant change to the value; however she looked for sale information at the County level, looking for a closer proximity. She stated four properties in Minneapolis were the best comparison. She stated that one in Robinsdale that was included in Mr. Anderson's appraisal was not an open market sale. She sta.ted other ro erties that were used that were sold in 2003; however a more recent P P sale should be used because the commercial and industrial markets have changed significantly since 2003. She described the properiy and its uses and sta.ted, in her opinion, the property value should be sustained at $178,000 or $141 per sq. ft. Councilmember Lasman stated the property line needs to be determined before the value is determined. Ms. Wojcik explained that the site map from Hennepin County shows the same dimensions as City records show. She stated the only way there could be a discrepancy is if there was a change in the legal description that was not filed at the County. Councilmember Carmody stated the only factor she would consider in the reduction of the property value is the properry line. Ms. Wojcik explained that Mr. Anderson's son felt the line was incorrect; there is no evidence that it is not correct. The consensus of the City Council was to accept the property valuation as presented by the City Assessor. OS/O1/06 -4- DRAFT Councilmember Carmod moved and Councilmember Lasman seconded to sustain the estimated Y e animousl market value of 178 000 for 2121 57 Avenue N. Motion ass d un y P Kevin Andreasen, 5018 Abbott Avenue North, failed to appear before the Board. The following is a discussion regarding his property: Ms. Wojcik explained that Mr. Andreasen contacted the Assessor's office objecting to his estimated property value and after further research on the property; Mr. Andreasen was contacted with an offer of a reduction of $2,800, in which he declined and indicated his intent to appeal. She stated the report was created with the original estimate. She sta.ted Mr. Andreasen failed to appear in front of the Board. She explained that since he declined the offer of reduction, the matter was forwarded to the Board with the original value. Councilmember Lasman stated she was prepared to discuss the reduction of estimated property use Mr. Andreasen failed to value; however, the property value should sustain at $202,000 beca for further a eal with Henne in Coun ear before the Bo ard. She stated he has the o orturu p tY app PP tY PP if he wishes. Councilmember Lasman moved and Councilmember CaYmody seconded to sustain the estimated market value of $202,000 for 5018 Abbott Avenue N. Councilmember Niesen stated the City Council should give Mr. Andreasen the reduction of $2,800 because it was merited. She stated the work was done by Mr. Andreasen and the City Assessor to reduce the estimated property value and that the lower amount should be granted. I Councilmember Carmody sta.ted agreement with Councilmember Lasman and stated Mr. Andreasen 1 to nne in Coun still has the o tion to a ea He P PP P tY Councilmember Lasman stated by not appearing, Mr. Andreasen is no longer requesting a reduction in estimated property value. Councilmember Niesen voted against the same. Motion carried. Paul Bragelman, 5948 Admiral Lane, failed to appear before the Board. The following is a discussion regarding his property: office statin concern ft a messa e with the Assessor s Ms. Wo'cik ex lained that Mr. Bra elman le g J P g g that the property value of $198,200 was too high. She stated he was sent a typical list of comparable tion alon with a co of an eal a lica sales. She stated the Assessor s office received his app pp g PY appraisal indicating the value of $196,000. She stated Appraiser Jill Brenna performed an interior review of the property and after review, she felt she could offer him a reduction of $2,200. She stated an appraiser left Mr. Bragelman a message with the offer on April 18 which also indicated that a OS/O1/06 -5- DRAFT verbal agreement from him was needed to accept the value reduction. She stated on Apri120 a letter was sent to Mr. Bragelman stating the recommendation of $196,000 and that a call from him was needed. She stated to this day, Mr. Bragelman has not responded to the notifications. Councilmember Lasman moved and Councilmember Carmody seconded to sustain the estimated market value of $198,200 for 5948 Admiral Lane. Councilmember Niesen stated disagreement with the motion because the reduction in property value should be granted even though Mr. Bragelman did not appear in front of the Board. Councilmember Niesen voted against the same. Motion carried. 7. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded to adjourn the meeting at 8:38 p.m. Motion passed unanimously. City Clerk Mayor OS/O1/06 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 8, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, and Depury City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Niesen discussed her changes to the Apri124, 2006, Regular Session and Work Session minutes as submitted prior to the meeting. Councilmember Carmody stated her correction to the April 24, 2006, EDA minutes. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MISCELLANEOUS Councilmember Niesen inquired about the request from the Boy Scout Troop and if a response would be sent from the City Council. Mayor Kragness responded that she prepared a Mayoral Proclamation in response to the letter. DISCUSSION OF MATERIALS FOR CITY COUNCIL CANDIDATES Councilmember Carmody stated she reviewed the document and does not wish to amend it. Councilmember O'Connor stated the document is acceptable to her at this time. Councilmember Lasman sta.ted after the Primary Election, it is important that the City Council candidates get an un-tabbed agenda packet for the next City Council meeting so that they are informed on the issues at hand. Councilmember Carmody responded the candidates should a Kra ess added that it would be I receive a enda ackets after the aze elected to office. M or g P Y Y appropriate for the candidates to get the agenda, however those who are elected should get the OS/08/06 1 DRAFT full agenda packet. Mayor Kragness stated the importance that a11 candidates attend the City Council meetings prior to the election. Councilmember Carmody sta.ted the candidates can now access the agenda on the City's website. Mayor Kragness agreed that the agenda, available on the website is sufficient. It was the consensus of the City Council to continue using the current materials for Council candidates and notify the candidates that the agenda for City Council meetings are available on the City's website. DISCUSSION OF REQUESTED SENIOR HOUSING ON 60 BROOKLYN BLVD. City Manager Michael McCauley suggesting that since the applicant is now present, the City Council could ask questions if they arise during the Work Session rather than waiting until the Informal Open Forum. Community Development Director Brad Hoffman requested that the City Council consider this type of development on the property. He explained that the Comprehensive Guide Plan calls for residential with reta.il uses along Brooklyn Boulevard. He stated the concern is of the size of the property and if the area can support the density. He explained that 30 units are proposed on the site, which is the equivalent to an R-7 zoning. He stated it is not a high rise development; however, it is a three sto building with parking. He stated staff requests direction to pursue or rY not pursue the application for the use on this site. Mr. Hoffinan stated the proposal would require rezoning and a Planned Unit Development agreement. Mayor Kragness stated concern with parking. Mr. Hoffman responded staff is also concerned with parking. He explained that the City Ordinance requires two parking stalls for every one unit. Mr. McCauley stated the size of the proposal may be too small for a Planned Unit Development; however, if the City Council expressed interest in the proposal, a great number of policies would have to be researched, requiring extensive time from the Planning Commission, staff and the applicant. Mr. Hoffinan discussed the good reputation of the applicant and stated the use on the site may be appropriate; however, there is concern regarding the density. Mr. McCauley added that the issue is density in respect to the Comprehensive Guide Plan. Mayor Kragness stated many changes would have to be made for this proposal to be approved. Mike Bjerksett, President of Nation Handicap Institute, stated small apartment buildings such as this is their specialty and they have 11 similaz developments in the metropolitan area. He sta.ted density and parking are the two main concerns. He stated senior housing often has unique zoning in communities. He discussed the needs of low income seniors, which this site is great for. Councilmember Cannody inquired about the height of the building. Mr. Bjerksett stated the building would be three stories tall and would sit on the site nicely. He displayed a drawing of OS/08/06 2 DRAFT the proposed building. He stated senior housing does not require much green space. Doug Mayo, Consultant of Nation Handicap Institute, discussed parking and stated the average age of the occupants is 73, many of which have given up their driver licenses. He staxed 30 parking stalls would be excessive, 15 parking stalls would be adequate. He stated if the proposal was to be moved forward, 30 parking stalls would be proposed and a variance would be requested. Mr. Bjerksett stated door-to-door transportation for the residents would be available. He stated the units would be one to two bedrooms for residents and a caretaker. He stated all units would be handicap adaptable and elevators would be present in the building. He discussed other developments in Brooklyn Park, Champlin, Robbinsdale, and New Brighton. He stated there is usua.11y a waiting list for these units. He discussed the financing program that is only available once per year and stated he has been considering this property for three years. Mr. Mayo added that a number of sites in Brooklyn Center have been considered and this one has been deemed the best because of the nearby services. Councilmember Carmody inquired about financing from the City. Mr. McCauley responded the project would be fully funded by HUD and the applicant; the City would not be financing any portion of the project. Councilmember Niesen stated concern for the property changing hands and not being used for its proposed use. She stated it is a good idea; however, she is concerned about staff time needed to pursue the use. Mr. Bjerksett sta.ted the grant application is due in June and notification of award would not be until October l He stated they would return to the City Council wrth an application in October, if the funds were granted. Mayor Kragness sta.ted concern for the traffic on Brooklyn Boulevard due to problems at other senior housing developments in Brooklyn Center. Mr. McCauley stated it would be primarily Planning and Zoning Specialist Ron Warren's time used on the project. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Carmody moved and Councilmember Niesen seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember O'Connor seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. OS/08/06 3 DRAFT Mr. Bjerksett discussed the tr�c surrounding other metro developments. He discussed a regulatory agreement that requires the property to be kept as low income housing for 40 years. He stated the residents must be 62 years of age or older. Councilmember Cannody sta.ted she is not opposed to increasing density for low income senior housing. Councilmember Niesen stated she would like to speak to Mr. Warren about the project before she would be able to agree. Mr. Bjerksett explained that they need to know if the City Council is in favor of, neutral, or opposed to the proposal so that they know to proceed or not. He explained that if the City Council was in favor of entertaining the proposal, a purchase agreement contingent on approval would be drawn up and the HUD application would be made. He sta.ted the property t�es would be discounted because it is low income seniors, however taxes paid would still amount to approximately $40,000 to $45,000 per year. Councilmember Niesen sta.ted concern for loss in property taxes and potential law suits because of previous proposals for the property. A poll was taken of the City Council as to their stance on the proposal: Councilmember O'Connor Opposed. Councilmember Lasman Neutral, would prefer to see a more appropriate use such as office or service. Councilmember Carmody In Favor. Councilmember Niesen Neutral. Mayor Kragness Opposed, due to the traffic pattem and a recent death of a senior. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. City Clerk Mayor OS/08/06 4 DRAFT 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 MAY 8, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM. I The Brooklyn Center City Council met in Informal Open Forum and was called, to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Informal Open Forum closed at 6:46 p.m. Councilmember Carmody moved and Councilmember O'Connor seconded to close the Informal Open Forum. Motion passed unanimously. I 2. INVOCATION Mayor Kragness requested a moment of silence as the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. I 05/08/06 1 DRAFT 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Community Development Director Brad Hoffrnan, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recrted. 6. COUNCIL REPORT Councilmember Niesen sta.ted she gave an interview to Juanita Hoff. She thanked Lieutenant d information for her interview. She Gannon and City Manager Michael McCauley who provide sta.ted Juanita was a gracious host and she enjoyed the interview. Councilmember Carmody had nothing to report. Councilmember Lasman sta.ted she attended the Northwest Teen Pregnancy meeting on April 25�`, where many organiza.tions were present. She discussed the event and those organizations that attended. She stated she also attended the Brooklyn Center Prayer Breakfast on May 6�', where 200 people attended. Councilmember O'Connor sta.ted she was unaware of the Board of Equalization meeting, therefore was not in attendance. Mayor Kragness stated she also attended the Northwest Teen Pregnancy meeting and the Prayer Breakfast along with the Knights of Columbus Awards Ceremony. She stated she traveled to Austin, MN, for the Minnesota. Mayors Conference where they visited the SPAM museum. She stated the theme of the conference was Crisis Prepaxedness and Response. She outlined the conference and areas of discussion. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Cannody moved and Councilmember Lasman seconded to approve the consent agenda and agenda, with amendxnents to the April 24, 2006-Work Session minutes and the following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. Apri124, 2006 Study Session 2. April 24, 2006 Regular Session 3. April 24, 2006 Work Session OS/08/06 2 DRAFT i 7b. LICENSES MECHArTICAL Flare Heating 9303 Plymouth Ave N, Golden Valley Louis Degidio, Inc. 21033 Heron Way, Lakeville Absolute Heating Cooling 1085 Brown Road S, Orono MOTOR VEHICLE DEALERSHIP R.L. Brookdale Motors 6801 Brooklyn Boulevard Brookdale Ford, Inc. 2500 County Road 10 RENTAL Renewal (There were no calls for the following properties) 4907 65�' Ave N(Single Family) William Bjerke 1316 68�' Lane N(Single Family) Valerie Blount-McKissack 1807 70�' Ave N(Single Family) Rebecca Thomley 5401 France Ave N(Single Family) Dang Vang 7215 Girard Ave N(Single Family) Rebecca Thomley 4214 Lakeside Ave N(Two Family, 1 Unit) James Shoultz 6907 Quail Ave N(Single Family) Tony Carmen Holder 6724 Toledo Ave N(Single Family) Steven Cheryl Schleif 5115 Twin Lake Blvd E(Two Family, 1 Unit) Ruth Cioni Initial (There were no calls for the following properties) 2912 69�' Lane (Single Family) Joseph Feahn 2000 Brookview Drive (Single Family) Anastasia Berler 7006 Fremont Ave N(Single Family) Teto Wilson THEFT FROM VEHICLE E TO PROPE RTY CRIMINAL DAMAG (There were no calls for the following properties) 7218 Grimes Ave N(Single Family) Shawn Banks 4113 Lakebreeze Ave N(Two Family, 1 Unit) Pamela Grover 5337-39 Queen Ave N(Two Family) Ambe Funwi SIGNHANGER Fish LaBeau Signs 3320 WinPark Dr, Crystal Signation Sign Group 6840 Shingle Creek Pkwy Motion passed unanimously. OS/08/06 3 DRAFT 8. APPEARANCE 8a. PRESENTATION- REPRESENTATIVES OF THE CITY OF CRYSTAL City of Crystal Mayor ReNae Bowman stated her presence to seek approval of a Resolution Calling for an Independent and Objective Study of the Crystal Airport that Identifies the Regional Cost-Benefit of Continued Operations and Oppo�ties for Redevelopment. She stated the resolution does not ca11 for the closure of the airport nor are they seeking any local government funds. She sta.ted both the resolution and proposed legislation is a response to an economic impact study and cost benefit analyses that the Metropolitan Airports Commission released in 2005. She sta.ted these studies are flawed and outlined in the Crystal letter of response to the MAC included in the packet. She stated part of the plan calls for the introduction of four passenger jet airplanes and sta.ted concern for the impact to the neighborhoods. She stated the City of Crystal stands to lose 350 affordable houses because the lie in red zones of the airport. She stated although the portion of the airport that lies in Brooklyn Center is small, it is environmentally significant and a sensitive area containing both wetlands and a natural wildlife habitat. She stated they believe that it is in the best interest of all parties that they seek an objective analysis of the airport and its impact of its regional economy. Mayor Kragness sta.ted support for the resolution. Councilmember Niesen inquired about the study and asked if any of the other Councilmembers had read it. Mayor Kragness responded that she has not read the study and sta.ted the resolution stating support is the present issue. City of Crystal City Manager Anne Norris explained that they are currently discussing the possibility of having the University of Minnesota's Center for Urban and Regional Affairs provide an independent study. She stated they have had an informal discussion with the Minnesota Department of Economic Development regarding the matter. Councilmember Niesen stated the City Council should discuss this item at a Work Session prior to voting on it because she would like a chance to talk to the City Council and air her concerns and opinion regarding the matter. City of Crystal Mayor ReNae Bowman stated by stating support for the resolution and the independent study, the Brooklyn Center City Council would have something to discuss at a Work Session. She stated money is not coming into Crystal like indicated and the money said to be coming into communities is not accurate. Councilmember Lasman stated they are asking for a study which is appropriate. Councilmember Carmody stated concern that the tone of the letter indicates that they want closure of the airport. 8b. RESOLUTION NO. 2006-60 SUPPORTING THE COMPLETION OF AN INDEPENDENT AND OBJECTIVE STUDY OF THE CRYSTAL AIRPORT THAT IDENTIFIES THE REGIONAL COST-BENEFIT OF CONTINUED OPERATIONS AND OPPORTiJNITIES FOR REDEVELOPMENT OS/08/06 4 DRAFT Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-60 Resolution Supporting the Completion of an Independent and Objective Study of the Crystal Airport that Identifies the Regional Cost-Benefit of Continued Operations and Opportunities for Redevelopment. Councilmember Niesen requested that the Brooklyn City Council discuss the issue and create its own resolution. Mayor Kragness stated Brooklyn Center would only be supporting a study as indicated in the last sentence of the resolution. City of Crystal Mayor ReNae Bowman stated they are not supporting development of the property and are only looking for an eeonomic study. She explained that if the airport was closed and the property sold, it would take 20 years to close out and develop the property. Councilmember Carxnody sta.ted disagreement with Councilmember Niesen and stated this is similar to the stadium tax resolution where all they are asking for is a study. Councilmember Carmody moved and Councilmember Lasman seconded to amend the previous motion where the 7`" whereas on the resolution be changed to read Brooklyn Center rather than Crystal. Councilmember Lasman suggested that the resolution read: Crystal and Brooklyn Center. Councilmember Carmody suggested that the resolution read: Crystal, Brooklyn Center, and Brooklyn Park. Councilmember Lasman agreed with Councilmember Carmody. Councilmembers O'Connor and Niesen voted against the amendment. Motion carried. Councilmember Niesen stated she would prefer that Brooklyn Center follow Brooklyn Park's lead in creating its own resolution. Councilmembers O' Connor and Niesen voted against the original motion as amended. Motion carried. 9. PUBLIC HEARING 9a. ORDINANCE NO 2006-02 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING SIDE YARD SETBACK REQUIREMENTS AND THE HEIGHT OF ACCESSORY STRUCTURES —THI5 ITEM WAS FIRST READ ON APRIL 10, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON APRIL 20, 2006; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING. City Manager Michael McCauley explained that Mr. Joel Wilson had a problem with eaves on a home he was building, thus causing reconsideration of the ordinance. He stated this would a11ow the eaves to be no more than 1/3 of the side yard setback and increase the height of accessory OS/08/06 5 DR.AFT structures. He discussed changes in trend, including heights of garages that have effected this situation. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Side Yard Setback Requirements and the Height of Accessory Structures. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Public Hearing. Motion passed unanimously. Councilmember Carmody moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2006-02 Amending Chapter 35 of the City Code of Ordinances Regaxding Side Yard Setback Requirements and the Height of Accessory Structures. Motion passed unanimously. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2006-004 SUBMITTED BY ENDEAVOUR PROJECT DEVELOPMENT REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 3,700 SQ. FT. MULTI- TENANT RETAIL BUILDING AT THE NORTHWEST CORNER OF 69� AVENUE NORTH AND BROOKLYN BOULEVARD (6901 BROOKLYN BOULEVARD). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 27, 2006, MEETING. Mr. McCauley stated a proposed site plan was reviewed by the Planning Commission where they have recommended approval. Public Works Director/City Engineer Todd Blomstrom stated the proposal passed the Hennepin County Traffic conditions to allow them to maintain the access onto Brooklyn Boulevard and to change the driveway access geometrics. Community Development Director Brad Hoffinan sta.ted a seating plan is not available for the coffee shop, which would determine the exact parking requirement; however, if the coffee shop is the chosen use, parking would be adequate. Councilmember Niesen sta.ted she likes the landscaping and stated concern with the protection of the neaxby residential properties. Mr. Hoffman responded that he is aware that screening of the residential properties to the west is needed. Councilmember O' Connor stated concern for the group home and the houses near the drive aisle. OS/08/06 6 DRAFT moved and Councilmember Carmod seconded to approve Planning Councilmember Lasman Y Commission Application No. 2006-004 Submitted by Endeavour Project Development requesting Site and Building Plan approval to construct a 3,700 sq. ft. multi-tenant retail building at the northwest corner of 69�' Avenue North and Brooklyn Boulevard (6901 Brooklyn Boulevard) subject to the following conditions recommended by the Plam�ing Commission: 1. The building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system sha11 be installed in all landscaped axeas to facilitate site maintenance. 6. Plan approval is exclusive of a11 signery, which is subject to Chapter 34 of the Crty Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas as directed by the City Engineer. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 10. All work performed and materials used for construction of utilities sha11 conform to the City of Brooklyn Center current specifications and details. 11. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and sha11 be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12. The applicant shall obtain an NPDES permit from the Minnesota. Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department prior to disturbing the site. OS/08/06 7 DRAFT 13. The applicant shall provide an appropriate directional sign or signs, to prohibit west bound traffic along the south portion of the building leading to the south access to the site. 14. The applicant shall provide appropriate information for determining the minimum required parking for this site based on a potential mixture of retail space and resta.urant space. 15. Access to the site including any modifications along Brooklyn Boulevard and 69�' Avenue North is subject to approval by Hennepin County Transportation Department and obtaining of the appropriate permits 16. The applicant shall obtain the necessary permits from Hennepin County to complete the proposed connection to the storm sewer system located at County Road 130 (69 Avenue North). 17. The applicant shall provide a 6 ft. high opaque screen fence along the west and north property lines. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS lla. RESOLUTION NO. 2006-61 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2006-05, 06, 07, AND 08, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley stated the resolution would award the project. He stated the bids were reasonable. Councilmember O'Connor questioned the size of the construction. Mr. Blomstrom responded the project is from 65 Avenue to 69�' Avenue, approximately four blocks. Mayor Kragness read the Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2006-05, 06, 07, and 08, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements in its entirety. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-61 Accepting Bid and Awaxding a Contract, Improvement Project Nos. 2006-05, 06, 07, and 08, Humboldt Avenue and Eaxle Brown Drive Street, Storm Drainage, and Utility Improvements Motion passed unanimously. llb. RESOLUTION NO. 2006-62 AUTHORIZING RENTAL FEES FOR PARK SHELTERS Mr. McCauley sta.ted the Park and Recreation Commission has studied having rental fees for reserved use of the park shelters. He stated this appears to be a common practice with other cities and would continue to allow the first person to use the park if it is not reserved. OS/08/06 8 DRAFT Councilmember Lasman inquired about fees for school events and stated she would prefer to ta.ble the item until information is obtained regarding school groups using the facilities and the fees they would be charged. Mayor Kragness responded if the reserve fees are set, they should apply to a11 groups who wish to use the facilities. Councilmember Carmody explained that the City would still be maintaining the facilities and with the highest fee being $40, the School groups should be charged the same fees as all other users. She stated she is not in favor of tabling the item. Mayor Kragness read the Resolution Authorizing Rental Fees for Park Shelters in its entirety. Councilmember Lasman moved, Councilmember Niesen seconded to table the Resolution Authorizing Rental Fees for Park Shelters until more information on School groups is received. Councilmember Niesen stated she was under the impression the proposed fees were to apply to nonresidents only. She stated she feels she pays a lot of taxes and one of the benefits of paying those taxes should be the free use of the park facilities. Mayor Kragness and Councilmembers Carmody and O'Connor voted against. Motion failed. Councilmember Carmody moved and Councilmember O'Connor seconded adoption of RESOLUTION NO. 2006-62 Authorizing Rental Fees for Park Shelters. Councilmembers Lasman and Niesen voted against the same for reasons stated above. Motion carried. llc. RESOLUTION NO. 2006-63 ACCEPTING 2006 ANNUAL DEER MANAGEMENT IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY MANAGER RECOMMENDATIONS THEREIN Mr. McCauley explained that 14 deer were killed during the hunt. He recommended that the hunt be continued in 2006. Councilmember Carmody suggested that the City request assistance from the Cities of Crystal and Brooklyn Park. Assistant City Manager/Director of Operations Curt Boganey responded all of the deer in the central district on the date of the aerial survey were in Brooklyn Park; therefore they may be more inclined to participate. He stated the Metropolitan Airports Commission continues to be supportive of the efforts and had obtained their own private company to do deer removal. He sta.ted the amount of deer in the area is continually decreasing and if it continues to decrease, he might suggest discontinuing the hunt for a year or two. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-63 Acce tin 2006 Annual Deer Management Implementation Plan P g Report and Adopting the City Manager Recommendations Therein. Councilmember Lasman inquired about the 11 cax accidents involving deer. Mr. Boganey stated OS/08/06 9 DRAFT the accidents were spread throughout the community and the increasing number of accidents is another reason for the recommendation before the City CounciL Motion assed unanimousl P Y lld. RESOLUTION NO. 2006-64 APPOINTING CURT BOGANEY AS ACTING CITY MANAGER Mayor Kragness read the entire Resolution Appointing Curt Boganey as Acting City Manager. Councilmember O'Connor inquired about the suggested compensation. Mr. McCauley explained that the suggested compensation is 95% of the current City Manager's salary to compensate for the extra duties and to bring Mr. Boganey above all department heads in which he would be supervising. Councilmember Carmody asked if a temporary Assistant City Manager would be hired. Mr. McCauley responded Mr. Boganey may need to hire a temporary Assistant City Manager to assist him in the extra duties. Il i Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-64 Appointing Curt Boganey as Acting City Manager. Councilmember O' Connor moved to amend the resolution, compensating Mr. Boganey at a rate of 85% of the current City Manager's salary. Motion failed for lack of a second. Mr. McCauley explained that a 10% differential to supervise department heads is reasonable. He stated if the 85% were implemented, Mr. Boganey would be paid the same or less than those he is supervising. Councilmember O' Connor voted against the same. Motion carried. lle. RESOLUTION NO. 2006-65 DIRECTING SOLICITATION OF PUBLIC SECTOR EXECUTIVE RECRUITING FIRM PROPOSALS Mr. McCauley stated the filling of the City Manager position needs a process allowing the City Council to receive information, deal with data privacy, and check references. He stated the City Council is not readily available to perform these tasks. He stated the proposed resolution would give the City Council a chance to review two to three firms so that it can determine which it prefers. He stated this resolution would not commit the City Council to using a search firm; however it would lead them into the process so that on June 12 the City Council can interview the preferred firms. He stated he would be soliciting the firms. He sta.ted it is not appropriate to put staff in the position to recruit, solicit and communicate the findings to the City Council. He stated it would be best if staff were isolated from the process. Councilmember O'Connor stated she would like to see if the City could get by with a City Manager and no Assistant City Manager, using it as an opportunity to save money and to tryout Mr. Boganey as the City Manager. Mayor Kragness stated the responsibility of the position could not be handled by one person. OS/08/06 10 DR.AFT Councilmember Carmody responded an interim City Manager's position is to keep the ship afloat and there is a lot to be considered. She stated she would like to see a firm hired. Councilmember Niesen sta.ted the City Manager makes important decisions and brings them to the City Council; therefore this would not be the time to tryout someone as the City Manager. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-65 Directing Solicitation of Public Sector Executive Recruiting Firm Proposals. Councilmember O' Connor voted against the same. Motion carried. 9. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 8:24 p.m. Motion passed unanimously. City Clerk Mayor OS/08/06 11 DRAFT i MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 8, 2006 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session and was called to order at 8:42 p.m. by President Myrna Kragness. 2. ROLL CALL President Myrna Kragness, Commissioners Kathleen Cannody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present: Executive Director Michael McCauley, Assistant City Manager/Dixector of Operations Curt Boganey, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Cannody seconded to approve the agenda and consent agenda and the following item was approved as amended: 1. Apri124, 2006 Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2006-08 AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR REDEVELOPMENT WITHIN TAX INCREMENT DISTRICT NO. 3(1501 JAMES CIRCLE NORTI� Executive Director Michael McCauley explained the purpose of the acquisition is to provide the City Council with an option when it comes to the use of the property. He explained that the Cracker Barrel is currently for sale and that the property may or may not be acquired by a user that would be ta�c exempt. He stated the question is if the EDA wants to acquire the properiy to have control over its use and taxability. Community Development Director Brad Hoffinan stated inquiries regarding the property have been received within the Opportunity Site, the latest being a month ago from a church, which OS/08/06 1 DRAFT would be a tax exempt use. e ro e and its articulars includin easements and retention The EDA and staff discussed th p p rty p g ponds. Commissioner Carmody stated concern that if the City were to purchase the property, it would be responsible for the ongoing property maintenance, even after the property is resold. Mr. Hof&nan responded that once the City sells the property, it would no longer be responsible for the maintenance of the property. Mr. McCauley explained that general maintenance would no longer be the responsibility of the City once the property is resold; however, the City always has a certa.in level of liability for all stormwater retention ponds, per federal guidelines. Commissioner Lasman moved and Commissioner Carmody seconded to adopt RESOLUTION NO. 2006-02 Authorizing the Acquisition of Real Property for Redevelopment Within Tax Increment District No. 3(1501 James Circle North). Commissioner Lasman stated acquisition of the property gives the City the best control of its future use. Commissioner Niesen requested more financial information including property taxes. Mr. McCauley stated $67,000 is being paid as taxes on the property amivally and would continue as long as the property is not placed in tax exempt status. President Kragness sta.ted it is important to acquire the property to protect the taxes going to the school district. The EDA discussed the property taxes and previous situations. Commissioners O'Connor and Niesen voted against the same. Motion passed. 5. ADJOURNMENT Commissioner Carmody moved and Commissioner Niesen seconded adjournment of the meeting at 8:46 p.m. Motion passed unanimously. President OS/08/06 2 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION May 8, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City CounciUEconomic Development Authority met in Work Session and was called to order by Mayor/President Myrna Kragness at 8:16 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager/Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. COUNCIL MEMBER CARMODY: DIRECTION TO HOUSING COMNIISSION Councilmember Lasman stated it is a lot to ask the Housing Commission to be familiar with the code and what is a violation. She suggested assigning the Housing Commission to an area of the City and having them make a list of things that stand out in the neighborhood. The City CounciUEDA discussed code enforcement issues and possible topics for the Housing Commission to look at. They discussed having the Housing Commission visit neighborhoods and note ood as ects. g P City Manager/Executive Director Michael McCauley suggested that the Housing Commission note good examples of updated landscaping or outdoor treatments in the neighborhoods they visit. He stated those examples could be used on the City's website to encourage others to do improvements. Councilxnember Lasman stated she will report these ideas to the Housing Commission and report back to the City CounciL PRELIMINARY ITEMS TO DETERMINE CITY COUNCIL DIRECTION ON WHETHER TO PURSUE DISCUSSION/RESEARCHIANALYSIS FOR FUTURE, WORK SESSION(S) COUNCIL MEMBER NIESEN: POLICY ON OUTGOING COUNCIL MEMBERS OS/08/06 1 DRAFT Councilmember Niesen stated a policy should be included in the City Council Reference Book that addresses outgoing Councilmember email accounts and materials in which they have collected throughout their term. Mr. McCauley explained that a.11 materials given to the Councilmembers do not need to be returned, and email accounts will be closed at the end of the term if the Councilmember is not re- ection and Jan to elected. He sta.ted the Coun cilmember will have between the November el �'y clear out all email before the account is closed at the end of the term. MISCELLANEOUS Mayor Kragness announced that the Police and Citizens Awaxd Ceremony will be broadcasted on Channe120 on the following dates: May 7 10:00 a.m. 4:00 p.m. May 9 9:00 p.m. May 10 9:00 a.m. 3:00 p.m. Ma or Kra ess and Councilmember Carmody stated they will not be attending the May 15 Y Wark Session with the Financial Commission. Mr. McCaule su ested that the Ci Council discuss the budget at the May 22 Work Session Y gg tY th and continue the discussion with the Financial Commission on June 5. It was the consensus of the City Council to cancel the May 15�' Work Session with the Financial Commission, ratifying the cancellation of the May 15�` Work Session at the ne� regular meeting, adding the budget discussion to the Ma�y 22 Work Session, and continuing the discussion with the Financial Commission on June 5. ADJOURNMENT Councilmember/Commissioner Carmody moved and Councilmember/Commissioner Lasman seconded adjourninent of the City CounciUEconomic Development Authority Work Session at 9:26 p.m. Motion passed unanimously. City Clerk Mayor/President OS/08/06 2 DRAFT City Council Agenda item No. 7b s City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: May 17, 2006 SUBJECT: Licenses for Council Approval The following companies/persons have applied for City licenses as noted. Each company/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on May 22, 2006, are as follows: AMUSEMENT DEVICE Family Dollar #5110 2105 57 Ave North Family Dollar #4514 6223 Brooklyn Boulevard B.C. Community Center 6301 Shingle Creek Parkway MECHANICAL Anderson Heating A/C 4347 Central Ave NE, Columbia Heights Faircon Service Company 2560 Kasota Ave, St. Paul Grendahl Mechanical Inc 6135 Kellogg Ave S, Minneapolis MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard RENTAL Renewal (There were no calls for service for the following) 5920 Ewing Ave N(Single Family) Carl Wendy Linder 5347-49 Penn Ave N(Two Family) Karen Pelak 5256 E Twin Lake Blvd (Two Family, 1 Unit) Brian Somkhan 5300-04 Vincent Ave N(Two Family) Steven Debra Elhardt Initial (There were no calls for service for the following) 1604 67 Lane (Single Family) Hillary Iweajunwa 5200 Howe Lane (Single Family) Kazim Adgoti 5325 Humboldt Ave N(Single Family) Linda Mitchell 5755 Humboldt Ave N(Single Family) Toan Truong 6601 Unity Ave N(Single Family) Donte Jackson 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 City Council Agenda Item No. 7c i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RATIFYING CANCELLATION OF MAY 15, 2006, CITY COUNCIL WORK SESSION WITH FINANCIAL COMMISSION WHEREAS, the City Council adopted a meeting schedule far the year 2006 at its November 28, 2005, meeting; and WHEREAS, a City Council Work Session with the Financial Commission was scheduled for Monday, May 15, 2006, at 6:30 p.m.; and WHEREAS, due to scheduling conflicts, the City Council wished to cancel the May 15, 2006, City Council Work Session with Financial Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that cancellation of the May 15, 2006, City Council Work Session with Financial Commission be and hereby is ratified. Mav 22, 2006 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. City Council Agenda Item No. 7d City of Brooklyn Center Memorandum TO: Michael J. McCauley, City Manager FROM: Kelli Wick, Human Resources Director DATE: May 18, 2006 SUBJECT: Post Employment Health Care Savings Plan LELS #86 Attached is a resolution approving the memorandum of understanding for LELS 86 (Police Lieutenants/Sergeants) and the City of Brooklyn Center for the Post Employment Health Care Savings Plan. Also attached is Exhibit A which authorizes the change to Article 24 Severance Pay. The change to Article 24 Severance Pay mirrors the previous changes that Council approved for NOE Loca149 and the City's Personnel Policy Manual in 2005. Please let me know if you have any questions. kw i EXHIBIT A MEMORANDUM OF UNDERSTANDING Post Employment Health Care Savings Plan The City of Brooklyn Center and LELS Local #86 are parties to a labor agreement. The City of Brooklyn Center and LELS local #86 agree to amend Article 19 of the collective bargaining agreement and add the following language in regards to participating in the ICMA Post Employment Health Care Savings Plan (PEHSCP). ARTICLE 19 Severance Pay 19.1 An employee shall give the Employer two (2) weeks notice in writing before terminating his/her employment. 19.2 Severance pay in the amount of one-third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Emplovees hired after 1/1/1992 and havin� 25 vears of continuous service at the time of senaration, shall be naid 40% of their accumulated sick leave into the Citv authorized PEHSCP. In the event that the retiree benefit in effect on Sevtember 1, 2005 is completelv eliminated bv the emnlover for emnlovees hired before 1/1/92, the sick leave severance nav for emblovees hired nrior to 1/1/92 and havin� 25 vears of continuous service will be naid at 40% of their accumulated sick leave into the Citv authorized PEHSCP. If dischar�ed for cause. severance nav shall not be allowed. The Memorandum of Understanding is in effect (Month Day Year) December 31, 2006 This Memorandum of Understanding is entered into this day of 2006. For the City of Brooklyn Center: For LELS Local #86: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LELS LOCAL 86 (LIEUTENANTS/SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN WHEREAS, the City has negotiated in good faith with LELS 86 (Lieutenants/Sergeants) for a Memorandum of Understanding for a Post Employment Health Care Savings Plan; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a proposed Memorandum of Understanding; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached Memorandum of Understanding with LELS Local 86 (Lieutenants/Sergeants) effective May 22, 2006 December 31, 2006 set forth as E�iibit "A" and the Mayor and City Manager are hereby authorized to execute the document on behalf of the City of Brooklyn Center and to enter into such other amendments for LELS Local 86 participants in the City's Post Employment Health Care Savings Plan. Mav 22, 2006 Date Mayor ATTEST: City Clerk T'he 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. o. 8a C� Counc�l A end a Item N tY g MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning pecialist l.�- Subject: City Council Consideration Item Planning Commission Application No. 2006- 005 Date: May 15, 2006 On the May 22, 2006 City Council Agenda is Planning Commission Application No. 2006-005 submitted by McDonald's US requesting Site and Building Plan approval and a Special Use Permit to redevelop the existing McDonald's convenience food restaurant into a new 78 seat convenience food restaurant with a drive-up window at 5525 Xerxes Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2006-005 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 11, 2006 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 4-27-06 City Council Action Should Be Taken By 6-26-06 (60 Days) Plannin Commission Information Sheet g Application No. 2006-005 Applicant: McDonald's US Location: 5525 Xer�ces Ave N Request: Site and Building Plan/Special Use Permit The applicant, Vicky Stadther on behalf of McDonald's US, is seeking Site and Building Plan approval and a Special Use Permit to redevelop the existing McDonald's convenience food restaurant into a new 78 seat convenience food restaurant. The property in question is addressed 5525 Xer�ces Avenue North and is located on the west side of Xerxes about midway between SS and 56` Avenues North. The property is zoned C-2 and is bounded on the north by the Wendy's convenience food restaurant; on the east by Xerxes Avenue North with the Brookdale Regional Shopping Center on the opposite side of the street; on the south and west by private (non-public) roadways serving as access to this site and neighboring sites. The applicant's plan is to demolish the existing McDonald's building and replace it with a new 78 seat restaurant of approximately 4,240 sq. ft. with a drive up window. ACCESS/PARKING Access to the site will be changed slightly. There will continue to be three access points, one off Xerxes and one each off the south and west access roads. All three accesses will be modified. The access on Xerxes will be shifted to the north and be 25 ft. wide. The existing access on the south access road will be closed and a new one opened to the west of its present location and will also be 25 ft. wide. The access on the west access road will be closed and replaced by a new one at the northwest corner of the site. This scales 33 ft. in width and should be reduced to no more than 30 ft. in width, which is the maximum curb cut width allowed for serving a commercial property. The building will be relocated so that it runs along Xerxes Avenue North with a 36.5 ft. setback from the right of way line. Customer parking will be to the north and west of the building. One way traffic will circulate around the parking area west of the building in a counter clockwise manner and will serve as the drive-up lane leading to two order stations with order boards at the south end of the building. Traffic utilizing the drive-up function will merge into a single lane leading to the two pick-up/pay windows on the east side of the building. Pedestrian access is gained to the restaurant on the west side and northeast corner of the building. Forty six parking spaces are provided, which will accommodate 78 seats and 14 employees at the maximum shift. The restaurant parking requirement is one parking space for every two seats and one space for every two employees at the m�imum shift. Two handicap spaces are located at 5-11-06 Page 1 the northeast corner of the site. The access from the south access road is for service and trash vehicles only and will not be used for customer traffic. The applicant proposed to sign this access accordingly. It might be appropriate to provide some type of removable barrier to prevent customer traffic from attempting to access the site at this location. Such access could cause traffic congestion at this point, although such congestion would not be affecting a public street. GRADING/DRAINAGE/UTILITIE S The site is to be bound by B612 curb and gutter including the island areas in the parking lot. Surface drainage will generally be to the east into a storm sewer line on the east side of the building, which will be tied into existing storm sewer in Xerxes Avenue at the northeast corner of the site. Sanitary sewer and water will be tied into existing mains within the Xerxes Avenue right of way. The drainage, grading and utility plans axe being reviewed by the Director of Public Works/City Engineer and his written comments are attached for the Planning Commission's review. LANDSCAPING The applicant has submitted a landscape plan, however, there is no analysis as to how it meets the point system utilized to evaluate such plans. This 1.022 acre site requires 821andscape points. The lan calls for retainin u to six existin shade trees located on the west side of the site. P g P g They augment the plan with two Pin Oak (shade trees), three Spring Snow Crab (decorative trees) and 75 deciduous and coniferous shrubs. Dwarf Burning Bush, Anthony Waterer Spirea and Gold Mound Spirea are the proposed deciduous shrubs and Arcadia Juniper and Savin Juniper are the proposed coniferous shrubs. Their plan is for the two Pin Oaks along with the Arcadia Juniper and Anthony Waterer Spirea shrubs to be located on the two island areas. Spring Snow Crab along with Gold Mound Spirea, Arcadia Juniper, Dwarf Burning Bush, Savin Juniper and Anthony Waterer Spirea shrubs are to be located at the northwest corner and south side of the building. Using the maximum percentage of points allowed so that a distribution of the landscaping is achieved, would allow a total of 66.5 points to be counted, which is 15.5 points short of the required 82 points for the plan. The plan also is heavy in shrubs, only 21 of there proposed 37.5 points can be counted. An additional 15.5 points in coniferous trees and/or decorative trees should be provided perhaps along the Xerxes Avenue green strip. Modifications to the plan should be made. The Planning Commission should be satisfied that the proposed landscaping for the site is consistent with the landscape point system utilized to evaluate these plans. Page 2 BUII,DING The applicant has provided building elevations showing the proposed exterior of the new McDonald's restaurant. The exterior will be primarily a red blend brick with a manganese iron spot accent brick and manor white drive-it accent on the north and west elevations. LIGHTING/TRASH The applicant has submitted a photometric plan indicating compliance with the city ordinances. They propose to have eight freestanding light poles of 24 ft. in height around the perimeter of the property. Three would be located along the westerly side of the site, two to the north, two along the east side and one on the south side of the property. The major concem with lighting is that it be shielded and directed onto the site and avoid off site glare. The applicant's plan appears to comply with these requirements. The site plan shows the location of the proposed trash enclosure which will be at the south end of the building, between the building and the drive-up lanes. No details of the screening material have been submitted. It is recommended that the trash enclosure be a rnasonry structure to match the proposed building. It should be of sufficient height to totally screen trash containers and have solid gates for effective screening. SPECIAL USE STANDARDS Convenience food restaurants are special uses in the C-2 zoning district and as such must meet the special use permit standards contained in Section 35-220 of the city ordinances (attached). These standards require that the proposed special use will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which the special use permit is located. The applicant believes that their proposal will be compatible with these standards and will not be detrimental to the general public and will promote and enhance the public welfare by rebuilding an already successful site into a more convenient and better designed facility. They believe their proposal will be arranged and operated in such a way so as not to interfere with the use and development of neighboring property and they also believe their design standards meet required building, parking and landscaping requirements. Furthermore, their proposal should conform with the regulations of the district in which it is located. Page 3 In general, the staff would concur and we believe the proposal can meet the standards for special use permits contained in the zoning ordinance. A couple matters that need to be addressed in order to meet the standards are the reducing in size of the access along the west access road from approximately 33 ft. to 30 ft. in width and modifications to the landscape plan to conform with the landscape point system utilized by the Planning Commission for evaluating such plans. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECONIMEDNATION We believe the plans are generally in order and approval is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. An outside trash dis osal facilities and roofto or on ound mechanical Y p P equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving azeas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. Page 4 I 11. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department prior to disturbing the site. 12. This special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance or these plans shall require an amendment to the special use permit. 13. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 14. The plans shall be modified prior to the issuance of building permits to reduce the access along the west side of the site to the access road from its current 33 ft. to a m�imum width of 30 ft. 15. The landscape plans shall be modified to be consistent with the landscape point system utilized by the Planning Commission for evaluating such plans. Page 5 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: May 9, 2006 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works 'r� SUBJECT: Preliminary Site Plan Review Planning Commission Applications 2006-005 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Application 2006-005 for the McDonalds parcel located at 5525 Xerxes Avenue North. Sheet C-1: Site Plan, dated Apri127, 2006 Sheet C-2: Grading and Drainage Plan, dated Apri127, 2006 Sheet C-3: Utility Plan, dated Apri127, 2006 The applicant is proposing to reconstruct the existing restaurant facility and parking area located on Tract J of Registered Land Survey 1419. The following recommendations regarding the preliminary plans are provided for consideration. Preliminary Site Plan Review 1. The applicant is proposing to remove the existing 24-ft wide driveway access onto Xerxes Avenue and construct a new 26-ft wide driveway access approximately 23 feet to the north. The new driveway access shall include the installation of a concrete apron. The apron shall be a minimum of 8-inches thick and extend 20-feet into the site as measured from the back of curb. Concrete gutter shall be extended across the driveway curb opening and shall be poured integral with the apron. 2. The street patch for pavement removed along Xences Avenue to allow construction of the new driveway entrance shall consist of 8-inches of Class 5 aggregate and bituminous pavement in three lifts of 2-inches each in accordance with Mn/DOT specifications 2350/2360. All pavement removals within public streets shall be inspected and approved by the City Engineering Division prior to pavement installation. 6301 Shingle Creeh Parhway 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 uuw.cityofbrooklyncenter.org 3. Parking space dimensions shall meet or exceed the minimum standards provided in City Ordinance Section 35-702. 4. The applicant shall construction concrete curb and gutter along the perimeter of all driveways, parking lots and paved driving surfaces. Curb and gutter shall be constructed in accordance with the dimensions of Type B-618 or B-612 as per City design standards. 5. The applicant is proposing to limit access to the site from the proposed south driveway entrance. A metal swing-arm gate or sliding gate shall be provided to control access at this driveway entrance. A chain or cable gate will not be acceptable. 6. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Quest Communications and other utility companies. Water Supply and Sanitary Sewer Service Water service and sanitary sewer service is available to the site from existing water and sewer mains extending along Xerxes Avenue. The existing network of public sewer mains and water mains can provide adequate service for the proposed land use. 1. The applicant is proposing to tap a 6-inch diameter water service from the existing 12- inch diameter water main along Xerxes Avenue. The utility plan indicates that the separate fire and domestic services will have separate isolation valves. 2. The applicant is proposing to install an exterior grease trap and a manhole access structure along the new sanitary sewer service. Tracer wire and a tracer wire access box shall be installed along the proposed sanitary sewer service in accordance with City standards and recent state mandates for locating service laterals. The sanitary sewer manhole shall consist of a pre-cast concrete structure with integral base and Kor-N-Seal rubber connection units or approved equal. The applicant shall provide sanitary sewer by-pass pumping by a qualified utility contractor to allow installation of the proposed sanitary sewer manhole. The top cone section shall be rotated to minimize the amount of casting located within the sidewalk. 3. Utility service extensions must meet City of Brooklyn Center design standards. The location and method of connection of water and sanitary sewer services shall be subject to approval by the Supervisor of Public Utilities. All sewer and water service connections to City mains must be inspected by City utility personnel prior to backfill. 4. The proposed site plan shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. Storm Drainage The preliminary grading and erosion control plan shows proposed storm sewer throughout the site to collect and convey runoff into the storm sewer system along Xerxes Avenue. Runoff from the site would be directed to the City's regional storm water management pond No. 12-002 located within the Centerbrook Golf Course. 1. The proposed site redevelopment appears to represent a slight decrease in the amount of imperious surface within the parcel. Peak runoff rates for the 2, 10, and 100-year storm frequency events are not expected to exceed existing conditions. 2. The Utility Plan shall be revised to provide for the installation of a catch basin along the curb extending across the north side of the building to minimize sheet flow across the primary driveway entrance and pedestrian walkway. 3. Temporary erosion control inlet protection measures shall be placed at new catch basins located within the site until final pavement and turf restoration work is complete. 4. Erosion control silt fence shall be installed along the perimeter of the property until turf restoration work is complete. 5. Erosion control measures shall be installed prior to starting site grading or building demolition operations. The owner will be responsible for the prompt removal of all dirt and mud tracked onto public streets from the site during construction. 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The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of sturounding property for uses permitted 'm the districk d. Adequate measures have been or will be taken to provide ingress, egress �nd pazking so designed as to mi„i,,,i�e �c congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in wluch it is located. 3.. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements speeified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission Na application for a special use permit which has beea denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon, which he relies to gain the consent of the City Council for resubmission at an earlier time. S. Revocation and Extension of Snecial Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Co�mcil unless the applicant or his assignee or successor commences work upon the subject property within one yeaz of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to t�e Secretary of the Planning Commission a"Special Use Permit" application requesting Such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a pr�or ordinance of Brooklyn Ceater shall expire within one year of the effective daie of this ordinance if constcuction upon the subject property pursuant to such special use permit has not commeaced within that time. In any instance where an existing and established special use is abandoned for a period of one eyaz, the special use permit related thereto shall expire one year following the date of abandonmen� MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 11, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:00 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Gary Ford, Michael Parks, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Rachel Lund was absent and excused. APPROVAL OF MINUTES APRIL 27. 2006 There was a motion by Commissioner Roche, seconded by Commissioner Ford, to approve the minutes of the April 27, 2006 meeting as submitted. The motion passed. Commissioners Graydon Boeck and Sean Rahn abstained. They were not present at the meeting. ELECTION OF 2006 CHAIR AND CHAIR PRO TEM t�lctin Chair Willsoi� opened the floar for nonlinations. There ��as a motion by Cominissioner Boeck, secQnded by Cojnmissianer Roche to no��ninaie Commissioiler Willsan as Chair of the 2006 Pla�uiing Com�nission and ConuYiissioner Rahn as Chair Pro Tem. Acti�ig Chair Wi..11son asked for further nonzi.z�atio��s three tirnes. Hearing none, he asked far a motion to close the non�inations. There was a motian by Camtnissianer Boeck, secanded by Commissioner Ford, to close the nominations far Chair azid Chair Pro Tem of the 2006 Pl.anning Conlrnission. Tl�e motion passed una��imously. There was a�notion by Con�missianer Boeck, secor�ded by Corn.inissioner Roclle, ta elect Camnlissioner Willson to the position of Chair of th.e 2f�06 Planr�ing Commissian and Cammissianer Rahn as Chai.r Pra Te�n of the �006 Planning Camn�issian. Tlze mation passed unaninlously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's funetions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. i 5-11-06 Page 1 APPLICATION NO. 2006-005 MCDONALD'S US Chair Willson introduced Application No. 2006-006, a request for Site and Building Plan approval and a Special Use Permit to redevelop the existing McDonald's convenience food restaurant into a new 78 seat convenience food restaurant with a drive-up window at 5525 Xe�es Avenue North. The applicant plans to demolish the existing McDonald's building on the site. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Cominission Information Sheet dated 5-11-06 and the City Engineer/Public Works Director's report dated 5-9-06 for Application No. 2006-005, attached.) PUBLIC HEARING APPLICATION NO. 2006-005 There was a motion by Commissioner Roche, seconded by Commissioner Ford, to open the public hearing on Application No. 2006-005, at 7:35 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Ms. Vicky Stadhler, 1650 West 82" Street, Bloomington (McDonald's US) introduced herself to the Commission as the applicant. She explained that the small area behind the building is to be used for storage of items such as shovels, brooms, etc. with no access to the building. She further explained that the trash corral is a part of the building and looks much like a garage. There is a 4 ft metal door that opens from inside the building that employees use to dispose of the trash, where it is picked up by the garbage hauler. Eric Kellogg, Landform Engineering, introduced himself and showed the Commission a drawing of the 25 ft. sliding gate that will be used for product deliveries to the site. Commissioner Rahn inquired of the applicant regarding the use of an opaque fence along the sliding gate. Mr. Kellogg responded that the area is marked as "no trespassing" to keep people out. Commissioner Roche suggested to the applicant other considerations for the materials used on the opaque fence in addition to the chain link such as a hunter green vinyl. He also pointed out his desire to add `beefed up' landscaping to improve the look of the area. Mr. Kellogg stated that he is aware of the shortage on the plan regarding landscaping and that they will add additional deciduous trees to meet the minimum requirements and they will also consider a change to the fence. Commissioner Ford suggested additional landscaping around the gated area. Mr. Kellogg responded that adding landscaping to that area would be difficult and that is why they proposed only sod in the area. Mr. Warren explained further landscape requirements for the site relative to properties that surround the site. Mr. Kellogg stated that they have taken the city staffls recommendations into consideration and incorporated them in their plans for what will be submitted for construction approval. 5-11-06 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2006-005. CLOSE PUBLIC HEARING There was a motion by Commissioner Ford, seconded by Commissioner Roche, to close the public hearing on Application No. 2006-005, at 7:53 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006-005 MCDONALD'S US There was a motion by Commissioner Boeck, seconded by Commissioner Ford, to recommend to the City Council that it approve Application No. 2006-005, submitted by McDonald's US for Site and Building Plan approval and a Special Use Permit to redevelop the existing McDonald's convenience food restaurant into a new 78 seat convenience food restaurant with a drive-up window at 5525 Xer�ces Avenue North subject to the following conditions: l. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subj ect to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and 5-11-06 Page 3 utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 1 l. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department prior to disturbing the site. 12. This special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance or these plans shall require an amendment to the special use permit. 13. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 14. The plans shall be modified prior to the issuance of building permits to reduce the access along the west side of the site to the access road from its current 33 ft. to a m�imum width of 30 ft. 15. The landscape plans shall be modified to be consistent with the landscape point system utilized by the Planning Commission for evaluating such plans. Voting in favor: Chair Willson, Commissioners, Boeck, Ford, Parks, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its May 22, 2006 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:00 p.m. Chair Recorded and transcribed by: Rebecca Crass 5-11-06 Page 4 I City Council Agenda Item No. 9a Office of the City Clerk BRODKEYN C�NTER MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: May 17, 2006 SUBJECT: Mayoral Appointment: Financial Commission Member The Financial Commission is composed of a chairperson and six members. There are five vacancies on the commission. The City has received one application. Notice of vacancy on the Coxnxnission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning January 2, 2006. Announcement was made in the January 26, 2006, edition of Brooklyn Center Sun-Post. Advertising continues on the City's web site and Cable Channel 16 and a notice is posted at City Hall and Community Center. Attached for City Council Members only is a copy of the application received: Gene Maze 3000 Thurber Road A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission infornung them of the vacancies and requesting that they call the City Clerk if they are interested in applying for either commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. A letter was sent to the applicant notifying him that his application for appointment would be considered at the May 22, 2006, City Council meeting. As requested by the City Council, the City Advisory Commission Bylaws and City Council Resolution Establishing the City Advisory Commission Duties and Responsibilities are not included in the materials but can be found on the City's web site at www.citvofbrooklvncenter.or� and clicking on Mayor/ CounciU Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site. Other attachments include: 1) Memorandum from Mayor Kragness indicating her nomination. 2) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 3) Geographical distribution of current members and applicants. Recommended Council Action: Motion by Council to ratify Mayoral nomination of Gene Maze to the Financial Commission with term expiring December 31, 2008. c;�,�f Office of the Mayor BROOK�YN CENTER MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Mary O'Connor FROM: Myrna Kragness, Mayor DATE: May 17, 2006 SUBJECT: Financial Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nomination: FINANCIAL COMMISSION Gene Maze 3000 Thurber Road City of Brooklyn Center Procedures for Filling Commission/Task Force Vacancies Adopted by Council3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled byMayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: l. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. A lications for Commission membershi must be obtained in the Cit PP P Y Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; and 7. The City Council, by maj ority vote, may approve an appointment at the City Council meeting at which the nominee is presented. COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members May 17, 2006 ��y �v f i t Neighborhoods �;�:�rp�,� i= Current Members r Southeast Mark Nemec Susan Shogren Smith Northeast Northwest Gene Maze West Central Central Southwest Five vacancies. City Council Agenda Item No. 9b i City of Brooklyn Center A Millennium Community MEMORANDUM DATE: May 17, 2006 TO: Michael McCauley, City Manager FROM: Todd Blomstrom Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005-18, Contract 2005-I, Central Park Ballfield Lighting Improvements On February 13, 2006 the City Council authorized the award of Improvement Project No. 2005-18, Central Park Ballfield Lighting Improvements to Forest Lake Contracting, Inc. Forest Lake Contracting has completed the installation work and is now requesting final payment for the project. The original contract amount was $91,440.00. There were no change orders for the installation work. The Contract consisted of the replacement of athletic field lighting luminaires and a lighting control cabinet serving two softball fields and various electrical circuits within Central Park. Forest Lake Contracting has completed all work under the contract within budget and with acceptable quality of the finished product. Attached for consideration is a City Council resolution accepting the work performed and authorizing payment for the final contract amount of $91,440.00 for Contract 2005-I, Central Park Ballfield Lighting Improvements. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-33D0 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter. org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005-18, CONTRACT 2005-I, CENTRAL PARK BALLFIELD LIGHTING IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Forest Lake Contracting, Inc. of Forest Lake, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2005-18, Contract 2005-I, Central Park Ballfield Lighting Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on Improvement Project No. 2005-18, Contract 2005-I, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $91,440.00. 2. The estimated project costs and revenues are hereby amended as follows: COSTS As Anproved As Final Contract 91,440.00 91,440.00 Contingency (10%) 9,100.00 0 Admin/Legal/Engr. 6.900.00 6,900.00 Total Estimated Installation Cost $107,440.00 98,340.00 REVENUES As Apbroved As Final Capital Projects Fund (40100) 107,440.00 98,340.00 RESOLUTION NO. 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. I City Council Agenda Item No. 9c Chief Boman will make a presentation at the meeting. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 22, 2006 Immediately Following Regular City Council and EDA Meetings Starting at 7:00 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. ACTIVE DISCUSSION ITEMS: 1. 2007 Budget Development Overview Discussion a. Overview of 2006 budget and priorities b. Overview of2007 budget development issues 2. Individual Council requested potential budget process requests for City Council direction on whether to pursue discussion, reseaxch, andJor analysis for future budget meetings: a. Council Member Niesen: i. Lighting for Lions Park ball fields ii. Post-employment benefits iii. Employee benefits iv. GASB 43 45 v. Employee benefits as a percent of overall salary and benefit variances between salary categories vi. Dedication of cable funds far cable equipment vii. Cities used for salary comparisons viii. Having the city research and offer civics classes 3. Council Direction: a. Operations taxget i. Continue current level, sustain, increase, or decrease b. Budget development PRELIMINARY ITEMS TO DETERMINE CITY COUNCIL DIRECTION ON, WHETHER TO PURSUE DISCUSSION/RESEARCH/ANALYSIS FOR FUTURE, WORK SESSION(S) 4. Council Member Lasman: Citizen petitions for stop signs 5. Council Member O' Connor: Removal of policies 2.60 2.61 on Housing Bonds and Business Subsidy pages 254-258 6. Council Member Carmody: Revision of Policy 2.03 City Council Commitment to the Brooklyn Center Charter page 206 and several other policies 7. Council Member Niesen: New Proposal for City Manager Review Form 8. Miscellaneous 9. Adjourn Pending List for Future Work Sessions June 12�' Time reserved for interviews with Executive Recruiting Firms July 10�' Council Member O'Connor: Review of CVS fence decision Discussion of 2007 Goal Setting Date and Process July August Council Member Niesen: Neighborhood Advisory Groups NOTE: Council Member O'Connor requested a report on the status of avian flu pandemic planning. I am having Chief Boman make a report at the May 22 regular council meeting. If there are further issues, the matter can be placed on a Work Session agenda. City of Brooklyn Center A Millennium Community To: Mayor and Council Members Financial Commission From: Michael J. McCauley City Manager r Date: May 10, 2005 Re: Initial Budget Discussio for 2007 Budget 2007 BUDGET DISCUSSION In May, the City Council and Financial Commission are asked to provide general direction on the development of the draft General Fund budget documents. The draft budget is developed to address priorities that have been developed. A general sense of the goals for the 2007 budget and the rough parameters of operational targets are needed to give departments direction on the development of budget requests. If the City Council has general or specific matters that it wants reviewed and analyzed for the budget, identification of those issues at the beginning of the budget development process aids in that process and allows staff time to develop appropriate scenarios for Council and Commission review. As indicated in the agenda, the meeting will review the general directions taken last year. The 2006 budget was essentially a continua.tion of the 2005 budget which reflected the reduction strategies employed in 2004 2003. The underlying principle guiding the reduction in service was to eliminate whole activities and to reduce core operations at the margins so as to retain effective core services, rather than to cut all services/activities across the board. A sense of doing what is done at an effective level was seen as more beneficial/effective than doing more things poorly. Review of 2006 Budget Dates: The budget meeting dates were established with the 2006 City Council calendar adoption. We have generally started with the General Fund and done the Enterprise and Capital Funds at the end of the process. State law requires adoption of a preliminary tax levy by the 2" week of September. The final levy adopted in December may be lower than the preliminary levy adopted in September. The final levy may not be higher than the preliminary levy. The preliminary levy is sent out with the Truth in T�ation notices. The meeting dates for budget meetings/actions are: May 22 (re-scheduled from May 15` June S (review with Financial Commission of May 22 meeting due to cancellation of May 15`� joint meeting) August 21 St focus on General Fund and preliminary levy 6301 Shingle Creek Pdrkway 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 September l l adoption of preliminary levy and General Fund Budget October 16 focus on Enterprise Funds Capital Improvement Plan November 20�' finalize all budgets for hearings December 4�' Truth in Taxation Hearing December l l Budget Hearing and Adoption With the exception of the September 11�', December 4�', and December l l meetings, all meetings are joint work sessions of the City Council and Financial Commission at 6:30 p.m. If there are any changes that should be made to the schedule, they can be proposed at any point in the budget process. OVERVIEW OF 2006 BUDGET PRIORITIZATION 2006 REVENUE OVERVIEW For 2006, the General Fund budget increased $470,181. Major influences included increased pension contribution rates due to State changes in contribution rates for public employee pensions. Ta�ces and State Aids in 2006 are below the level of combined resources budgeted for 2003 and 2002. Total taxes levied by the City and its Housing and Redevelopment Authority increased 2.72% in 2006. Real Estate taxes provide 73+% of the funding for the General Fund. There was a slight increase, after consecutive years of substantial decreases, in Local Government Aid in 2006. At this point in the budget process it is too soon to have an indication of aid amounts for 2007 until after the Legislature completes its session and notices are sent in August on preliminary aid distributions. Revenues Without Debt $14 $12 I ;10 o Taxes $6 State Aids S4 S2 $o 2001 2002 2003 2004 2005 2006 OS/18/2006 Page 2 of 11 Operating, Debt HRA Levies State Aids Zoo2 2003 Operating Levy 20 State Aids HRA Levy Debt Service Levy 2005 2006 $0 $5 $10 $15 Millions General Fund Revenues 2006 R�I EsfffieT�ces 73.6% IiAerest 0.9% CourtFines 1.6% Rec.B Comm. CenOer fees 4.4% Charg efor SerHCe 0.2°6 State Aids 9.0% Licenses&PermiS Pudic SatelyCharges 4.9% 0.7% Mise. Re.enue Misc.Ta�aes 0.4% 47% OS/18/2006 Page 3 of 11 Property Tax Levy Total levy All Sources 2005 to 2006 2005 to 2006 Pay 2004 Pay 2005 Pay 2006 Change Change General Fund Operations $9,497,064 $10,117,000 $10,494,126 $377,126 3.73% 1994 Bonds $69,536 1995 Bonds $70,995 $73,626 ($73,626) -100.00% 1996 Bonds $122,383 $118,023 $118,830 $807 0.68% Police Fire Bonds $786,584 $759,074 $757,394 ($1,680) -0.22% Housing Redevelopment Authority $232,395 $251,295 $257,065 $5,770 230% Total of AII Levies $10,778,957 $11,319,018 $11,627,415 $308,397 2.72% 2006 EXPENDITURE OVERVIEW The 2006 budget continued the reductions implemented in 2004 after a lengthy prioritization process. The continuation of the 2004 cuts and priorities reflected in the 2006 budget were: The budget for all operations provides for 151 full time positions in all funds, a decrease of 9 full time positions from the 2002 budget, a total of 15 fewer full time positions than in 2000. This number of 151 full time positions was an increase of 1 position over the 2005 budget with the change from a part to full time support position for Fire/Emergency Management. The mix of full time and part-time employees is an ongoing process of balancing needs and the best mechanisms to meet those needs through personnel configurations. o Maintain Police Patrol at full strength o Maintain Fire Operations o Maintain general operations as reduced in 2004 o Continue reductions in: Street and Park maintenance Reduced seasonal hiring Not replacing positions vacated in 2003 Reduced use of portable toliets o Retain Senior Transportation Staffing for Earle Brown Days committee Support for Earle Brown Days parade Funding for REACH added to the 2005 budget o Provide no funding for: PRISM medical transportation funding in the 2004 budget (service may be continued in 2004 through an additional transfer in 2003) OS/18/2006 Page 4 of 11 DARE o Restoration of funding for North Hennepin Mediation Services that was I restored in 2006 budget o Reduced levels in the following areas are continued: I Pool hours Programming for Seniors Youth after school Recreation programs Ice Rinks Reduced to 5 rinks Eliminates warming houses altogether City Watch newsletters from 6 to 4 issues annually Entertainment in the parks and fireworks are held to the extent donations are received 2000-2006 GeneralGovernment I Public Safety Community Development Public Works Social Serv�es 2000 Parks Recreatio 2006 Convention Tourism Risk Management Unallocated Dept. i Transfers to Technology Fund $0 $1 $2 $3 $4 $5 $6 $7 Millions I I I OS/18/2006 Page 5 of 11 L General Fund 2006 Mayor &Counc� 0.9�0 City Manager Other Fnancing_ 1 4 0.5% City Clerk Convention Tourism 2.2 Fe�ance Park Maint 4.9% 5.8% Legal 2.0% Recreatbn Admin Human Res. 7.6°k 1.6% CARS Admin. 1,2% OtherGen. Gov't. Social Services 7.7% 0.6°k Maintenance Streets 9.2% Pub6c WorksAdmin. 3.6% Emergency Prep. J 0.4% Inspections 2.5% Fire 5.3% Police 41.3% OS/18/2006 Page 6 of 11 General Fund Expenditures by Type '_006 Personnel Costs 69.2% Capaal Outlay 0.4% `Transfers to Other Funds 0.5% Contingency 0.1 Utilnies 3.3% Insurance 1.2% Central Garage 6.7 Cost of Sales 0.1 Other Contractual 8.5% SuppGe� LRepair,rental 3.5% 9 $ery Communicatbns 2.9% 1.7% Overview of 2007 Issues a. The most significant influence on the General Fund continues to be the reduction in Local Government Aid. After losing $1.68 Million in Loca1 Government Aid in 2004 with the ability to levy back only 60% of that lost aid and no levy for inflation, the City lost an additional $310,422 in Local Government Aid in 2005. In 2006 there was a modest increase in Local Government Aid of $125,000. The City also lost $1.38Million in HACA in 2002 that shifted costs to real estate taxes from State aids. b. Revenues i. Real estate ta�ces are the largest source of revenue in the General Fund (73%) and the only significant source of new revenue to meet future cost increases. Many of our license fees are limited by State statute such as liquor licenses and amusement devices. Building permit revenues are cyclical and may need to be adjusted downward in the budget projections. We have increased fees at the Community Center and for programs. Interest earnings have been very OS/18/2006 Page 7 of 11 modest over the past years due to low interest rates. Interest eamings have begun to increase recently. ii. A 3% increase in real estate taxes generates approximately 315,000 or a 2.3% increase in General Fund revenues. iii. In 2007, the 1996 Street bonds will be retired. This is the last issue that included a levy for the City's portion of street reconstruction prior to the City Council's acceptance of the recommendation to discontinue the use of general obligation debt. The debt service levy in 2006 for the 1996 bonds is $118,830. The levy for operations could increase by $118,830 without itself increasing total taxes. This would help offset the total levy needed to maintain General Fund operations or provide additional funding for street reconstruction. c. Expenditures i. Personnel 1. For 2007 we are proj ecting the cost for increased wages and insurance contributions in a rough range of $300,000 to $350,000 in the General Fund, which may be lower with the final configuration after dispatch transfer to Hennepin County. As mentioned earlier, increased pension contribution rates are magnifying the increases in personnel costs. ii. Utilities and fuel 1. Utilities and fuel costs have increased due to increased energy costs. The impact of these costs will impact the 2007 budget. Projects in 2006 and 2007 Impacting Budget and Staff Resources The following are current projects and projects for 2007 that will have major impacts on staff time and/or fiscal resources: 1. Utility Rate Study a. Basis of Billing discussion i. Concept proposal to shift to actual use categories ii. Fa112006 into 2007 discussion 2. Stormwater Utility Study a. Develop maintenance schedule and costs b. Capital needs schedule and costs c. Develop rate structure/plan to support maintenance and capital needs 3. Capital Improvement Plan a. Expansion to include all remaining neighborhoods working plan out from 5 to 15 years b. Scheduling water tower painting c. Compliance with recent mandates for NPDES and TMDL OS/18/2006 Page 8 of 11 d. Better cash flow analysis i. For utility rates ii. Generally iii. Out to 2020 and 2025 for better forecasting 4. General mandates for storm water and other items a. New NPDES plan due end of June b. Water Conservation plan mandate from State 5. Golf Course a. Loan strcicture b. Storm water charges for flooding and past lost use during construction of detention ponds 6. Watershed a. There have been increasing demands on staff time related to watershed issues i. May not be a priority given magnitude of funds v. other issues b. Capital projects with partial funding from Watershed 7. Central Garage a. Revise replacement funding plan to reflect new emission requirements b. Revise fire replacement funding need estimates based on more current replacement costs 8. Communications a. Working on proposal for new character generator i. Should be ready for Council consideration to approve new equipment at June 12`�' meeting b. Tim Gaffron preparing inventory of equipment in Council Chambers i. Issue of replacement plan and funding c. Studying digital recording and a service to allow digital taping of Council meetings that could place meeting on City's website with ability to go to individual agenda items with click of a mouse. 9. Election a. The City Clerk and Deputy Clerk will start the election season shortly and be fully engaged with that process until mid-November. b. HAVA (Help America Vote Act) implementation requires new plan and additional training requirements for staff and election judges 10. Emergency Preparedness a. City staff being trained/updated on NIMS (National Incident Management System) b. Department heads to be updated c. Planning for potential Avian flu OS/18/2006 Page 9 of 11 I 11. Code Enforcement a. Improving process and coordination b. Preparation of mailing/materials to educate on requirements with multiple language resources 12. Major Personnel Recruitments a. City Manager recruitment and hiring b. Community Development Director retirement and replacement in l half of 2007 13. Technology a. Document Imaging System in 2007 b. Conversion to new soflware for utility billing which will have major staff implications for training and data conversion 14. Fire Department a. Continuing issue of day time fire coverage i. Exploration of options 1. additional public works employees required to be fire fighters 2. small full-time day staff with additional duties 3. other 15. Franchise Fee a. Need to review for Council Report and possible increase to assist in street reconstruction funding has been unchanged since implementation in 2004 I 16. Comprehensive Plan Update in 2007 a. Possible task force i. Last time used Council, Planning Commission, Community members, and staff b. Hire consultant 17. 57�' Logan a. Review proposals and select developer for negotiations in June 2006 b. Negotiate contract in summer of 2006 c. Construction in 2007 i 18. Opportunity Site a. Comprehensive Plan modifications b. Financial modeiing I 19. Dispatch conversion a. Occurring now into rest of summer with implementation of new configurations I i I OS/18/2006 Page 10 of 11 20. Fire Pension request a. Springsted is reviewing annual request from Fire Relief Association to increase i pension benefit 21. Salt Storage facility a. Construction of new salt storage facility 22. Street reconstruction projects a. 2006 construction going on now b. Field work for 2007 projects and design 23. Finance a. Implementation of Government Accounting Standards 43 45 Staff resources are stretched at this point and focus on main projects and issues is required to accomplish the planning and projects described above. Additional projects should be considered in the context of what can be deferred or dropped to make capacity for additional projects or studies. In looking at the 2007 budget process, the question for the Council is whether it wants to consider/study any changes in basic operarions/services provided. If not, then the process can proceed on an iterative basis to develop a budget proposal that maintains current services and operations, seeking additional funding for street reconstruction while saving stafftime to work on the major studies and planning for capital and utilities. If the Council wishes to explore changes in operations or services, then the question to be answered is what does the Council wish to have evaluated and calculated in the budget process and what of the identified current projects should be deferred? With the additional undertaking of a recruitment and selection process, I would recommend that the Council seriously consider deferring non-essential studies and compilations of information to facilitate focus on ongoing operations and the budget/capital planning in place. Unless a clear majority of the City Council is very interested in obtaining information in addition to the usual compilation for budget development and the additional work will have a very clear impact on decisions made by the City Council, I would suggest the staff not be asked to undertake additional compilations or analysis. The staff certainly wants to provide the City Council with the information and analysis that the Council needs to fulfill its responsibilities, but the staff does not have the I capacity to compile a lot of additional data and perform additional analysis and still deliver on the long range planning outlined. One of the major responsibilities that I have is the budget process, analysis, and assembly. My absence during the 2007 budget process will require a further prioritization of staff resources and a focus on what is tiuly important and needed by the City Council at this time. The City Engineer is currently overloaded with the increased mandates for I storm water and water, finalization of storm clean-up, street and other construction projects, and undertaking a major revision of our long range planning for capital needs and funding with Finance. This long range planning is of major importance and we have been working to be in a position to undertake this expansion. It can only happen with the assistance of the City Council to free up time and staff resources to focus on these planning and analysis proj ects. OS/18/2006 Page 11 of 11 City of Brooklyn Center A Millennium Community To: Mayor Kragness and cil Membe armody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager I Date: May 18, 2006 Re: Council Member Niesen's Budget items a. Council Member Niesen: i. Lighting for Lions Park ball fields l. Attached are copies of the e-mail outlining the item. As indicated, the request is for Lion's Park which is a private use pursuant to a land transaction related to the Golf Course. There are no funds identified for this. There is also another Little League ball paxk that is privateiy owned in Brooklyn Center. ii. Post-employment benefits 1. Attached is the e-mail from Council Member Niesen. a. The only post-employment benefit is single premium health insurance for employees: i. retiring with 25 yeaxs of service before December 31, 2007 or ii. Retiring with a full PERA pension who were hired on or before January 1, 1992. iii. Employee benefits 1. A copy of the benefit summary is enclosed. iv. GASB 43 45 1. At the present time u-e are operating an Internal Service Fund called the Post Employment Retirement Fund which tracks our contributio��s and respansi.bilities under post em�loyrnent benefits. It is funded as part of the budget process and is included in our regular funding pt•ajections. It is alsa included in the CAFR each year as part of aur reporting requiremexlts. That Fund currently carries a cash balance of l,529,000. We will be ex�lorin�; the otl�er requirements of GASB 43 45 over the next year but do nat anticipate any sianificant additional financial burden since the changes in ow• program last year to Iimit participation and fix potential number af participants. 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 v. Employee benefits as a percent of overall salary and benefit variances between salary categories 1. There are no benefit variances between salary categories. vi. Dedication of cable funds for cable equipment 1. Council Member Niesen's e-mail is atta.ched. a. Proposal for new cable message generator is on the verge of being completed anticipated presentation on June 12�'. b. Tim Gaffron is working on an inventory of equipment in the Council Chambers vii. Cities used for salary comparisons 1. Council Member Niesen's e-mail is enclosed. a. Also enclosed are copies of materials from the adoption of the comparison cities after a study and recommendation from the Financial Commission. viii. Having the city research and offer civics classes 1. Enclosed is Council Member Niesen's e-mail a. The materials previously sent out in the updates has not been reproduced. As indicated in the previous materials from Mr. Glasoe. Civics classes and similar offerings are made by the school districts through Community Education and the city's offerings are geared more toward recreation and leisure offerings. I Page Z OS/18/2006 rage i ot i Michael McCauley From: Michael McCauley Sent: Tuesday, March 21, 2006 8:36 AM To: Diane Niesen Subject: RE: Project lighting. I will ut this on the list of items for Council discussion at the June Sth Work Session for P Council direction on items to study for possible inclusion in the budget and Capital Improvement Plan. If the Council refers the issue to the Park Recreation Commission they can review this with the other capital projects and funding. Another issue would be the residents adjacent to the park and soliciting their input on impacts of additional traffic, later hours, and lights. With 2 fields, lighting the fields would probably be closer to $250,000 $300,000. From: Diane Niesen Sent: Monday, March 20, 2006 10:11 PM To: Michael McCauley Subject: FW: Project lighting. I do not know who received this email so I am forwarding to you FYI, and for you to pass along to Mr. Glasoe and the other councilmembers. I support having lighting at all of our parks and hope that the Park Rec Commission can look into this funding request at their next meeting. From: robert mikulak [mailto:rmik30@comtast.net] Sent: Mon 03/20/06 7:55 PM To: Diane Niesen Subject: Project lighting. Hi I'm a consern citizen of Brooklyn Center and I'm wondering what it would take for Lions Park to get little league lights. I checked on the lighting with Musco lighting and it runs about $75,000 per field. Since almost all the parks in Brooklyn Center have lights that the city funded so I'm wondering what it would take to get funding for lights at Lions Park. If you have any questions please give me a call. Bob Mikulak 763-442-3668 (Vice President BC National Little league) Thanks P.S We are hosting the 9& 10 year old all star and lights would really help us out. We are hoping to host more tournament games. 5/18/2006 Page 1 of 1 Michael McCauley From: Diane Niesen Sent: Sunday, April 02, 2006 10:11 AM To: Michael McCauley Subject: Budget/financial item: OPEB For our budget discussions this year, I will want information on Other Post Employment Benefits (other than pension) employee healthcare (medical, dental, vision, hearing): review of changes enacted, date enacted, date effective, bottom-line dollar result, when OPEB (if provided separately from pension benefits): life insurance, long-term disability, long-term care, death benefits a copy of the list of employment benefits someone would get upon hire an understanding if, under GASB 43 45, BC will have to begin accruing for these expenses which will have an effect on our City budget employee benefits as an overalt percentage of salary: 2005, 2004 with information whether this percentage varies befinreen salary categories i 5/15/2006 City of Brooklyn Center Summary of Benefits 2006 2006 Cafeteria Benefit Plan The City will contribute up to a maximum of $668.90 per month per employee. Additional benefits may be purchased by the employee as made available through the Cafeteria Benefit Plan. Current benefits include medical health coverage; dental coverage; long-term and short-term disability; and supplemental life insurance. The City is a member of the LOGIS health group. Employees can select from four different Medica plans as well as from a four tier structure (employee only; employee spouse; employee children; or family.) PERA (Public Emnlovees Retirement Associationl PER.A is mandatory for all government employees. For employees enrolled in the Coordinated Plan the City contributes 6% of gross income directly into PERA. Employees contribute 5.5% of their gross income directly into PER.A. For employees enrolled in the Police/Fire Plan the City contributes 10.5% of gross income directly into PERA. Employees contribute 7% of their gross income directly into PERA. For details on PER.A, vesting and retirement, contact PERA at 651-296-7460. Life Insurance The City provides $10,0001ife insurance for all full-time employees. Supplemental and dependant life insurance can be purchased at the employees cost for a reduced group rate. Our current provider is Prudential. Vacation Leave Vacation leave starts accruing at the rate of 6.67 hours for each calendar month. Vacation leave may be used as accumulated. Please refer to the City's Personnel Policy Manual for more information regarding the use and accrual of vacation leave. Sick Leave Sick leave accrues at the rate of eight hours per month unti1960 hours have been accumulated. Please refer to the City's Personnel Policy Manual for more information regarding the use and accrual of sick leave. Holidavs The City has twelve paid holidays per year two of which axe personal/floating holidays. Please refer to the City's Personnel Policy Manual for more information regarding holidays. Deferred Comnensation This is a voluntary plan that allows employees to place a portion of their earnings into a pre-tax deferred investment program. Deferred Comp allows employees to defer present income for long-term savings to supplement retirement. Several different types of investment options are available. This plan is subject to IRS Rulings. Post Emnlovment Health Care Savin�s Plan This is a plan that allows employees to place a portion of their earnings or severance pay (as elected during a one-time irrevocable election) into a pre-tax investment program. The money is available to employees after they have separated employment with the City. The money must be used for health care expenses. Money is withdrawn from the plan t�-free. Several investment options axe available. This plan is subject to IRS Rulings Direct Deposit The City offers direct deposit of your payroll check. Flexible Benefit Plan A portion of the employee's salary may be set aside to cover estimated health care costs and child day caxe costs. This contribution is taken from gross wages and you must expend all the money you set aside or lose it. Proof of inedical and day care expenses must be submitted. This plan is subject to IRS Rulings. Milea�e Reimbursement Personal automobile use for authorized trips, meetings, work, etc. will be reimbursed at the rate consistent with IRS Regulations. All mileage reimbursement requests must be made in writing, approved by department head and submitted to Finance. Page 1 of 1 Michael McCauley From: Diane Niesen Sent: Saturday, May 13, 2006 3:14 PM To: Michael McCauley Subject: RE: Vote on dedication of cable fee collected Item for 5-22 Work Session Agenda To: Michael McCauley, city manager Fr: Diane Niesen, city councilmember Re: Decisions made regarding disposition of cable fees collected from cable subscribers After sending the email (text below) on this today, I saw that the Minutes from the 4-24 Work Session are incomplete on this item. My purpose for the cable fee discussion was to bring to a vote the dedication of cable fees/funds. I'm not fully clear on why that has to go to a vote unless there was a resolution made at some point giving the City authority to use these funds in any manner. If not, protocol would dictate that they would be used for the purposes collected as communicated in the letter that accompanies their quarterly transmission to the City. In any case, I find it troubling that the Minutes do not reflect Council's decision to: Request Mr. Gaffron document BC's cable equipment and include a schedule of replacement showing timeframes, estimated cost, and descriptions of replacements. Give Council this list in time to understand and review the impact to our 2007 budget, which would include a vote on dedication of these funds for the replacement of cable equipment. As the Minutes have been voted and posted to the website, please include this item again at our next Work Session so this decision can be documented. The only reason I was agreeable to postponing a vote on this matter was to give us a chance to learn of the anticipated expenses, e.g. $5,000, $10,000, $20,000, etc. If the anticipated equipment costs come in less than the anticipated replacement funds received, than my previous suggestion to dedicate a portion of these funds to improving communication with the community would be feasible. If Council will not be getting a schedule from Mr. Gaffron in time to make an informed decision on use of these cable fees for 2007 budget preparation (when is the latest possible time?), I would request Council vote to dedicate them next year because the estimated $20,000 collected seems a reasonable amount to set aside for cable casting equipment. I would like to understand how this decision was lost considering that these sessions are being audio-taped. Is the audio taping not effective? I don't believe I am using my microphone for Work Sessions but I look forward to learning how clearly everyone is coming across, or not, in the taping of the Work Session discussions. I'm sure everyone will agree that the highest priority information in Minutes are Council decisions. Decision-making is the culmination of work efforts by many and the essence of why we meet. Your help to ensure that Council decisions are documented in priority to their supporting discussions will be appreciated. Thank you. From: Diane Niesen Sent: Sat 05/13/06 2:30 PM To: Michael McCauley Subject: Vote on dedication of cable fee collected Will you please send me your draft of the upcoming Agenda item for Council to vote on dedicating the tax collected on cable subscribers to the purposes for which it is being collected: cable equipment. I'd like to see the materials before they get distributed in our packets. Thank you. 5/15/2006 Michael McCauley ubject: Work Agenda Niesen Finance: comparison cities list ue Date: Wednesday, May 17, 2006 Status: Not Started Percent Complete: 0% Total Work: 0 hours Actual Work: 0 hours Owner: Michael McCauley From: Diane Niesen Sent: Saturday, May 13, 2006 10:26 AM To: Michael McCauley Subject: Finance: comparison cities list To: Michael McCauley, city manager Fr: Diane Niesen, councilmember Re: Cities used for comparison purposes In reviewing your Memo of 4-7-06, preliminary budget supporting materials were included. Of note was the list of cities used to compare City Council salaries which could be the same as those for comparing other city staff salaries, I do not recall. I am and have been concerned that the list of current cities to be used for these comparison purposes are not in harmony with other City discussions nor appropriate to our situation. would like to propose that Brooklyn Center review and consider a new list of 10 cities to be used for these purposes that would include, in alpha order: 1. Brooklyn Park 2. Brooklyn Center 3. Columbia Heights 4. Crystal 5. Fridley 6. Golden Valley 7. Maple Grove 8. Osseo 9. Plymouth 10. Robbinsdale The above list of neighboring cities comprises those that BC is most closely aligned with, has the most in common with overall, interacts with regularly, is contiguous to, and is most commonly used in comparison conversations of a general community nature. If Council is agreeable, this list would replace the previous one beginning in 2006. 1 9b. UPDATE ON AUCTION City Manager McCauley said the first auction conducted by an auction house will take place on Saturday, June 13, by Anoka-Fridley Auctions, 17010 Highway 10, Big Lake. He explained that a display ad would be in the Brooklyn Center Sun-Post notifying residents. It is anticipated that the City will send property to the Anoka-Fridley auction house every three or four months. Based on the timing of the auction, notice will be placed in the City newsletter or Sun-Post to notify residents. 9c. REPORT FROM DONN ESCHER, FINANCIAL COMMISSION CHAIR Donn Escher, Financial Commission Chair, explained that every two years Minnesota State Law and the City Charter require the City Council to adopt an ordinance setting salaries for local elected officials. In 1994, the Financial Commission established a policy and procedure on Mayor and Council Member total compensation. The Financial Commission recommends amendments to the policy as follows: 1) comparing salaries of elected officials with fully developed metro cities with populations within 10,000 of Brooklyn Center; and 2) adding the requirement that computations of the average and median values be made of the compensation of the other cities for comparison to Brooklyn Center. RESOLUTION NO. 98-91 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY AND PROCEDURE REGARDING THE MAYOR AND COUNCIL MEMBERS TOTAL COMPENSATION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. Mr. Escher stated the Financial Commission reviewed the total compensation for the Mayor and Council Members and recommends the total compensation be increased 3% for 1999 and an additional3 for 2000. An ordinance amendment would need to be adopted by the City Council to authorize the recommended compensation increase. A motion by Councilmember Carmody and seconded by Councilmember Lasman directing City staff to prepare an ordinance amendment regarding salaries for 1999 and 2000 as recommended by the Financial Commission passed unanimously. 9d. RESOLUTION AMENDING THE 1998 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE ROAD GRADER City Manager McCauley explained that the City's road grader is 30 years old and needs to be replaced. The Superintendent of Public Works has located a used demonstration unit which can be 5/26/98 _g_ MEMORANDUM Q TO: Michael J. McCauley, City Mana FROM: Charlie Hansen, Finance Director C H DATE: May 20, 1998 SUBJECT: Recommendation of the Financial Commission for a Change in the Policy and Procedure on Mayor and Council Member Total Compensation The City's Financial Management Policies contain a Policy and Procedure on Mayor and Council Member Total Compensation. Its purpose is to provide a process whereby the Financial Commission shall review the City Council's compensation and recommend to the City Council appropriate changes to the compensation. Such changes take effect� after the next election according to state law. The City's Policy and Procedure on Mayor and Council Member Total Compensation was adopted on January 10, 1994. The Financial Commission conducted this review at the Commission s meetings on April 7, 1998 and May 5, 1998. The Financial Commission concluded that the policy itself could be improved by some revisions to its language. The 1994 policy called for comparisons to be made to cities of similar size (i.e. population), budget, and tax bases. These three measures could yield slightly different groups of cities for comparison. Also, the data for budget and ta.x base comparison wasn't as readily available as one might expect. It is recommended to simplify this by just comparing to fully developed metro cities with populations within 10,000 of Brooklyn Center. The recommendation goes on to name cities currently fitting the definition, although they may change over time. The recommendation also adds the requirement that computations of the average and median values be made of the compensation of the other cities for comparison to Brooklyn Center. After the review, the Financial Commission concluded that changes would be appropriate. A draft copy of the May 5, 1998 Financial Commission meeting minutes are attached. The Commission voted unanimously to recommend the revised policy to the City Council. A resolution is attached which provides for the adoption of the revised policy. MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER MAY 5, 1998 CITY HALL, CONFERENCE ROOM B CALL T(7 ORDER I Chair ponn Escher called the meetin to order at 7:03 P.M. in Conference Room B. g ROLL C ALL Present at roll call were Chair ponn Escher, Commissioners: Larry Peterson, 7erry Blamey, Jay Hruska, and Stanley Leino. Also present were Council Liaison Kay Lasman, City Manager Michael McCauley and Finance Director Charlie Hansen. Commissioners Ron Christensen and Michael Weidner were absent and unexcused. Annroval of Minutes A motion was made by Commissioner Jay Hruska to approve the minutes of the April 7, 1998 meeting. Commissioner Larry Peterson seconded the motion and all members voted in its favor except for Commissioner Stanley Leino who abstained. Agenda A motion was made by Conunissioner Jerry Blamey to approve the agenda. Commissioner Jay Hruska seconded the motion and all members voted in its favor. s For rofi Renort on Policv and Procedure Relatin� to Citv Contractual Service Nonn t Or�anizations. Kay Lasman.reported� that the City Council had adopted the revision to the Policy and Procedure Relat ations at its A ri127 1998 meetin m to Ci Contractual Services For Non rofit Or amz g tY P g P as recommended by the Financial Commission. Discussion of a comnensation level for the Mavor and Council Members for 1999 and 20Q0, Jerry Blamey and Larry Peterson reported that they had reviewed the City's policy as assigned at the April meeting and were recommending that the policy be modified to specify that inner ring suburbs be used for comparison. After extensive discussion, Mike McCauley suggested language to amend the policy. Commissioner Larry Feterson moved to recommend to the City Council the revised Policy and Procedure on Mayor and Council Member Total Compensation. Commissioner Jay Hruska seconded the motion and all members voted in its favor. The discussion moved on to recommending compensation levels for 1999 and 2000. It was noted that the current compensation levels are in between the average and medians of comparable cities identified in the recommended policy. It was felt that compensation should be raised at a rate which would hold this position in comparison to the other cities. Commissioner Larry Peterson moved to recommend to the City Council that the Mayor and Council Member total compensation be raised by 3% for 1999 and another 3% for 2000. Commissioner Stanley Leino seconded the motion and all members voted in its favor. Discussion �f snecificati�ns f�r the Reauests for Pronosals for Fi Advisor for Bonds Sales nancial Professional Services_ Charlie Hansen reported on the draft specifications for the Requests for Proposals for Financial Advisor for Bonds Sales Professional Services. The specifications were reviewed and no changes were proposed. Commissioner 7ay Hruska moved to recommend to the City Council the specifications for the Requests for Proposals for Financial Advisor for Bonds Sales Professional Services. Commissioner Jeny Blamey seconded the motion and all members voted in its favor. Donn Escher, Jay Hruska, and Jerry Blamey expressed their willingness to serve on a review committee to be appointed by the Mayor as called for by the Policy and Procedure on Requests for Proposals for Financial Professional Services. Discussion �f the 1999 bud�et calendar and bud�et nrocess. After discussion, the Financial Conunission expressed the desire to have some involvement in the budget process and to receive working copies of the proposed budget. The Financial Commission should be informed of City Council work sessions on the budget and intends to have a separate Financial Commission meeting for budget review on August 4, 1998. ComDrehensive Annual Financ;ial. RPnort. Michael McCauley noted that he would ask the Ciry Council to set a work session on either June 10 or 11 to meet with the City's auditors and discuss the report. The Financial Commission will be notified of this meeting and invited to attend. Next Meeting. The next meeting of the Financial Commission will be on Tuesday, Aug�st 4, 1998 at 7:00 P.M. ADJOURNMENT Commissioner Jerry Blamey moved to adjourn the meeting at 8:47 P.M. Commissioner Jay Hruska seconded the motion and all members voted in its favor. MEMORANDUM TO: Michael J. McCaule Cit Mana er Y, Y g FROM: Charlie Hansen, Finance Director G N DATE: May 20, 1998 SUBJECT: Recommendation of the Financial Commission Regarding the Mayor a.nd Council Member Total Compensation The Policy and Procedure on Mayor and Council Member Total Compensation requires the Financial Commission to compare Brooklyn Center's compensation to those of similar cities and make a recommendation to the City Council by July 1 of election years. The Financial Commission met on April 7, 1998 and May 5, 1998 to review the total compensation for the Mayor and Councilmembers. The Financial Commission has a recommendation for compensation levels for 1999 and 2000 and wishes to inform the Ciry Council of a motion passed regarding the matter. The Financial Commission found the current levels of Mayor and Council Member compensation to be in between the average and median of comparable cities. It was felt that this is an appropriate level to be at and that increases should be approved to maintain i this position as other cities also will presumably increase their compensation. Commissioner Larry Peterson moved to recommend to the City Council that the Mayor and Council Member total compensation be raised by 3% for 1999 and another 3% for 2000. Commissioner Stanley Leino seconded the motion and all members voted in its favor. The Ma or's com ensation is 8 20 for the ear 1998. Under this ro osal it will ,2 P P Y P Y increase to $8,467 for the year 1999 and $8,721 for the year 2000. The Council Member's compensation is $6,165 for the year 1998. Under this proposal, i it will increase to $6,350 for the year 1999 and $6,541 for the year 2000. i State law and the City's Policy and Procedure on Mayor and Council Member Total Compensation require that the City Council enact any pay increases which will apply to I itself prior to a general election and that the pay increase not take effect until after the general election. An ordinance amendment to accomplish this increase may be placed on future agendas for first and second readmgs. LEAGUE OF MINNESOTA CITIES SURVEY OF MAYOR AND COUNCILMEMBER SALARIES CITIES WITHIN 10,000 POPULATION SALARY in 1998 1998 COUNCIL MUNICIPALITI' POPULATION MAYOR MEMBER Richfieid 35,120 $7,762 $6,025 Roseville 34,014 $7,800 $6,000 Maplewood 34,008 $9,625 $8,470 Fridley 28,267 $8,400 $6,100 Shoreview 26,118 $7,740 $5,736 White Bear Lake 26,017 $7,680 $5,400 Crystal 23,667 $7,956 $6,120 New Hope 21,698 $9,459 $6,694 Golden Valley 20,870 $9,642 $7,217 AVERAGE 27,753 $8,452 $6,418 MEDIAN 26,118 $7,956 $6,100 Brookiyn Center 28,484 $8,220 $6,165 Brooklyn Center as a percent of: AVERAGE 102.63% 97.26% 96.06% MEDIAN 109.06% 103.32% 101.07% fincomm�counciRcncicomp 5/21J98 8:46 AM Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION NO. 98-91 RESOLUTION AMENDING THE POLICY AND PROCEDURE ON MAYOR AND COiJNCIL MEMBER TnTAL CnMPENSATION WHEREAS, the City Council established the Policy and Procedure on Mayor and Council Member Total Compensation on �anuary 10, 1994; and WHEREAS, the Financial Commission is recommending that the Policy and Procedure on Mayor and Council Member Total Compensation be amended to clarify the comparison to other cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the Policy and Procedure on Mayor and Council Member Total Compensation by adoption of the attached revision. �Zh 998 1/l.�C��l.-��I Date 1Vfayor U ATTEST: ��(/I�`�������,( City Clerk The motion for the adoption of the foregoing resolution was duly seconded. by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, ifiathleen Carmod.y, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same:none whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 98-91 May 1998 rccommended revision POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION I. NEED FOR POLICY: The community is entitled to a clearly articulated, written description of the policy and procedure for establishin� the total compensation of local elected o�cials. II. POLICY: 1. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encoura�e candidacies based on monetary rather than public service objectives. However, the compensation of Brooklyn Center elected o�cial� shall be fair and equitable in order to attract qualified candidates for local elective office. 2. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. 3. The com ensation levels of elected off'icials should be reQularl reviewed and i P Y adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. 4. Compensation set pursuant to this policy and procedure shall be deemed to be the total compensation for elected officials of the city with the exception of expense reimbursement which shall be the same as provided all other city employees. III. PROCEDURE: 1 r J D t J J�T�C�- �1. The City Manager shall biennially prepare a compensation report that contains an analysis of the compensation paid to elected offccails of minneapolis-St. Paul Area Metropolitan cities having a population within 10, 000 of the City of Brooklyn Center that are generally fully developed. {Such grouping shall include the cities of Richfield, Roseville, Maplewood, Fridley, Shoreview, White Bear Lake, Crystal, Netiv Hope, and Golden Valley, in addition to the City RESOLUTION NO. 98-91 of Brooklyn Center.} The report shall compute the average and median amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials. The City Manager shall assemble such additional information on compensation of city elected officials as may be reqirested to assist the Commission and Council in their review of elected official's compensation. T:2. The City Manajer shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. �-3. The Financial Commission shall biennialiy review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July l, of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. �-4. Consistent with the City Charter, Section 2.07, the Mayor and Councii Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding ;eneral election. IV. AUTHORITY: The authority for establishin� compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. CITY OF BROOKLYN CENTER cw�� �+a�aoe n.0 q ��a, r� x� REQUEST FOR COUNCIL CONSIDERATION TTEM DESCRIPTION: Policy and Procedure on Mayor and Council Member Total Compensation ******�*�*�*************�*�r***�*****�***��***���*******�*****�*****�**�� DEPT. APPl�tOVAL: C1��� �a�,a.o.� Charles Hansen, Finance Director ****�t�***********�*�********�r***�*****�**�t*********�*����t*����*���t��t���* MANAGER'S REV.�W/RECO TION: �.�e J No comments to supplement this report Comments below/attached *********�******�t********�*************�***�r�****�r*******************�** SI:1�V1MA1tY EXPLANATION: (supplemental sheets atta.ched The City Council asked the Financial Conunission to develop a policy to guide th'e process of setting of the Council's future compensation. Two primary principles were incorporated into the policy. First was the 'Council's desire_to have another body review increases for the sake of objectivity. And second was the requirement of state law that any increases not become effective until after the Council has faced a general.election. The Financial Commission concluded its work on this issue at its meeting of November 16, 1993 and recornmends th� attached policy. RECOMMENDED CITY C�IINCIL ACTION: Review and discuss the attached policy for consideration and adoption as a City CounciZ Policy. CORRECTION Councilmember Scott said the purpose of this policy is to set guidelines to evaluate requests for expenditures so each time a request comes up it can be judged equitably. Councilmember Kalligher pointed out this was ta.bled because Councilmember Mann was absent. Councilmember Mann said she thinks it is a good policy and she has no problem with any part of it. She said it is good to have guidelines to keep the Council in check on such decisions. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the Capital Improvements Fund Expenditure Policy as written. The motion passed unanimously. POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION The Financial Commission Chairperson Donn Escher explained this policy predates the present Council and was completed in February of 1993 but wasn't presented until now. He said the Financial Commission revisited and re-endorsed it in November of 1993 for submittal to the Council. He said it is important for the public to know the law provides for the Ciry Council to set its own salaries, however the pay in Brooklyn Center is low when compared to other communities. He recommends a policy that service on the City Council is a service obligation and an honor rather than a way to make money, but compensation should be fair and equitable. This policy calls for the City Manager to conduct a survey of other metropolitan communities with similar ta7c bases and budgets biennially. In conclusion he said he recommends approval of the policy. Councilmember Mann commented it is difficult to set one's own pay. Councilmember Rosene said the policy is fair and added citizens ought to know the pay for Councilmembers in Brooklyn Center is below average. He said the compensation is not to him for what he is doing but rather to his fanuly for the time he is gone. He suggested compensation should be at an accurate level when compared with other cities. Mayor Paulson said it is good to involve the Financial Commission in this issue which makes the issue of pay fair for people who serve the City and for citizens. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the Policy and Procedure on Mayor and Council Member Total Compensation. The motion passed unanimously. a 1/10/94 15 Ciry Council approved by motion on i-10-94 POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION I. NEED FOR POLICY: The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected o�cials. II. POLICY: l. Service on the Ciry Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies bas�d on monetary rather than public service objectives. However, the compensation of Brooklyn Center elected officials shall be fair and equitable in order to attract qualified candidates for local elective office. 2. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. 3. The com pensation levels of elected o�cials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. 4. Compensation set pursuant to this policy and procedure shall be deemed to be the total compensation for elected o�cials of the city with the exception of expense reimbursement which shall be the same as provided all other ciry employees. III. PROCEDURE: l. The City Manager shall biennially conduct a survey of compensation paid to elected officials of comparably sized municipalities with similarly sized budgets and tax bases in the seven county metropolitan area. Surveys prepared by the Association of Metropolitan Municipalities or the League of Minnesota Cities may be utilized in lieu of the City Manajer's survey. 2. The City Manager shall biennially prepare a compensation report that contains an analysis of the survey information. The report shall compute the average amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials: 3. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertaining to the applicable calendar year. 4. The Financial Commission shall biennially review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1, of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or be changed to some specific amount in the manner prescribed by law. 5. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearin�s, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding general election. N. AUTHORITY: The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. Page 1 of 1 Michael McCauley From: Michaei McCauley Sent: Monday, May 15, 2006 8:48 AM To: Diane Niesen Subject: RE: Offering a civics class in BC I will include this as part of the budget discussions. From: Diane Niesen Sent: Saturday, May 13, 2006 10:11 AM To: Michael McCauley Subject: Offering a civics class in BC To: Michael McCauley, city manager Fr: Diane Niesen, councilmember Re: Offering a civics class at least annually to the community I have reviewed answers to my questions recently involving the types of educational and recreational classes offered by the two main categories of local institutions (school and government communities) from Mr. Glasoe (Memo 3-31-06). As a result of that review, I am making the request that Brooklyn Center pursue offering a civics class to the community at some agreed upon level of frequency. Mr. Glasoe has advised Council that the only civics types of classes available were ones offered to middle and high school students, and an opportunity for someone pursuing a GED. I feel strongly that with the changing demographics of our City, and people coming from other countries, there should be an opportunity in our community for people to learn about our government and governance models. I am interested in having Mr. Glasoe research and institute this request for 2007 and welcome a discussion on this topic as appropriate. 5/15/2006 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCaule City Manager Date: May 18, 2006 Re: Preliminary Items on Work Session Agenda 4. Council Member Lasman: Citizen petitions for stop signs. In March, Council Member Lasman requested a Work Session item to discuss citizen petitions to place stop signs. Our current method is for the Traffic Safety Committee to review requests and evaluate them on the basis of the overall traffic system, accident history, location of other signs, and technical standards. If the City Council wanted to pursue an alternate method that would be politically based, rather than on technical standards and judgments, it should also request an opinion from the City Attorney on potential liability issues as part of developing materials for further discussion. Enclosed is an article on stop signs, current policy, and the letter sent to persons requesting a stop sign. 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. cityo fbrooklyncenter.org Off the Beaten Path E�����' An ire orraationa/ publication from RLK-Kuusisto, Ltd. f a Responding to Requests for Stop Signs ��j elcome to Off the Individually, highway user cASts Determine the Problem Bea ten Pa th, a for each stop are minimal; technical publication however, when the costs are added a�e,t for a stop sign is des igned to provide together for all users over a one made, be sure the reason for the you with new ideas, to year period, they aze substantial request is clear. The ma.in let you know about (see below). putpose of a stop sign is to assign things you might not right-ef-way at an ia:ersec.`tio�. If be aware of, and to �ual H'ighway User Costs the problem to be addressed is not keep you informed on related to ri t-of- then a sto issues related to (per 1.000 vehicles stopping at stop P civil engineering. sign on a 3S inile per hour street) sign is not the answer. $18,000 ia excess velucle P�� n a ogeration costs street Numerous studies bave been COnduCted eJC,�mining the One of the most common highway- 1,400 hours of lost time eg� of stop signs on speeding. related requests received by City, 'These studies have consistently County, and Township officials is 3,800 gallons of extra fuel shown tbat stop sig�ns aze poor for the inscallation of stop signs. spe�d control devices. Stop signs This butletin offers suggestions on g 400 pounds of carbon do refluce spe�ds at the point of how to respond to these requests as monoxide emissions �ation, but the effect of this well as i.nfotmation to be speed reduction is gone in a very considered in determining whether 600 pounds of hydrocarbon �Ort (in less than 200 or not to install a stop at a feet). particular location. emissions 600 pounds of nitrogen oxide Conduct Studies Whv Not Just Give Them emissions What Thev Want� pn�e you have determined there is a potential problem that may be When you consider that the More than cost, the primary corrected by a stop sign, the next average cost to install a stoP consideration in approving a sWp step is to conduct studies to is less than �200, it seems di.fficult sign request is to make sure that a document the problem. Geneially, to believe that any stop sign stop sign is the most appropriate these studies involve ane or more request is ever turned down. The ���ve solution to the of the following: cost of installation, however, is problem. Stop signs do not rarely a major factor in n�sa�ly make an intersection 1. Traffic accident considering such a request safer. Studies of low volume studv Traffic intersections with less than one accident reparts are The true cost of a stop sign accident per year have shown that reviewed and includes not only installation, but a �g �ap ri� does not re�uce analyz.ed It is a also Iughway users costs, svch as the accident rate; this is especially good idea to look at excess velucle operation costs, lost �e in cxses where unnecessary reports for several time, and increased polluti.on. multi-way stops are created. years (at least the last three) to make solution to the sure you are getring pr�blem. a reasonable pict�ue of the area. Local If the problem is not significant police departments, enough to warrant a stop sign, county lughway explain this to the person departments, andlor requesting the sign. Assiue them the department of that the situation will be transportation are reviewed on a periodic basis and the usual sources action will be taken should the for accident tjata. situation cl�ange. If more effective solutions to the problem 2. Tra�c volume exist, explain the alternatives and Where to use a stop sludv Traffic count what action will be taken to sign: data is collected and corre�t the problem. If a stop �Y� b3' Put�ng sign is the best solution to the Intersections with a tiaffic count problem, give the person demonstrated a�ccident machines on each requesting the sign an accurate problem involving approach to an esti�mate on how long it will take right-angle turn and intersection for. a 48 before the sign is in place. left-turn accidents. hour period during Usually stop signs must be the week (Monday- approved by the local Intersections with sight Friday). commission, council, or board, obstructions on the which may meet only once or approaches that restrict 3. Sieht distance sludv iwice a month sight lines of Sight lines for conflicting traffic. traffic approaching Kee� Good Records the intersection are Uncontrolled �d All requests for stop signs should intersections with much analyzed using field be dociunented, whether or not heavier traffic on one measurements. they result in the installation of a street tban on the other. stop sign. These records are useful for future inquiries about Intersections with Determine the Solution why there is or is not a stop sign heavy traffic on at a particular location. Keeping conflicting approaches. After conducting the appropriate good records (and simply having studies, you may find the a good record system) is a key following: factor in successfully defending Problems that cannot your agency in any legal action be addressed with 1. You could not that may arise. stop signs: verify the problem or the problem is Prepared by George Calebaugh, Reducing speeding. not Significant P.E.. Senior Tmrtsportation enou to Errgineer with RLK Kuusisto, L1d. �minatin J�Y g any action. through traffic on For more information, contact one 2, There is a roblea� P of our four offices: but there are more Praviding a safer effective solutions Ivtinaetonka (612) 933-0972 environment for than the installation St Paul (612) 645-0393 of a stop sign. Fi'ibbing (218) 262-5528 Twin Ports (218) 720�219 3. The requested stop sign is an effective g T.K December, 2000 Page 2B-8 Section 2B.05 STOP Sign A�plications Guidance: STOP signs should not be used unless engineering judgment indicates that one or more of the following conditions exist: A. Intersection of a less important road with a main road where application of the normal right-of-way rule would not be expected to provide reasonably safe operation. B. Street entering a through highway or street. C. Unsignalized intersection in a signalized area. D. High speeds, restricted view, or crash records indicate a need for control by the STOP sign. Standard: STOP signs shall not be installed at intersections where traffic control signals are installed and operating because the potential for conflicting commands could create driver confusion. Portable or part-time STOP signs shall not be used except for emergency and temporary traf�c control zone purposes. Guidance: STOP signs should not be used for speed control. STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. At intersections where a full stop is not necessary at all times, consideration should be given to using less restrictive measures such as YIELD signs (see Section 2B.08). Once the decision has been made to install two-way stop control, the decision regarding the appropriate street to stop should be based on engineering judgment. In most cases, the street carrying the lowest volume of traff'ic should be stopped. A STOP sign should not be installed on the major street unless justified by a tra�c engineering study. Sect 2B.05 Date Name Address Brooklyn Center, NIN 55430 Dear: The City of Brooklyn Center acknowledges your traffic complaint or request regarding (location) in Brooklyn Center. The following is the procedure the City follows in considering traffic safety complaints and requests. The City's administrative traffic committee, consisting of the city manager, chief of police, and city engineer, reviews all complaints and requests related to traffic safety. After considering the request and other related information such as radar surveys and accident histories, a decision is made on each problem. You will then be notified of any action City staff will or will not take in dealing with your complaint or request. If you are dissatisfied with the City staff's action, you may appeal to the City Council. The outcome of the City Council's decision is the final decision on the matter. Once the administrative staff has met to discuss your request, I will inform you of the City's action. In the meantime, if you have any questions feel free to call me. Sincerely, Todd Blomstrom Director of Public Works RESIDENTIAL STOP SIGN POLICY March, 1993 PURPOSE: The purpose of this policy is to provide for fair and uniform treatment of requests for Stop signs in residential areas. Such requests are evaluated by the City's Administrative Traffic Committee, and subject to appeal to the City Council. 1. The provisions of the Manual of Uniform Traffic Control Devices shall be followed. 2. The Administrative Traffic Committee should review speed data, accident records, clear view triangle surveys, and any other relevant data when considering a Stop sign at a particular location. 3. If a sight obstruction in the clear view triangle is contributing to the sense of danger at the intersection, or to a history of accidents at the intersection, staff should order the removal of that obstruction, according to City ordinances, before considering a Stop sign. 4. If an intersection experiences three or more recorded right angle accidents in a three year period, Stop signs should be considered. 5. If average speed at the 85th percentile is more than five miles per hour over the speed limit, then police should increase enforcement in the area for one year, before considering a Stop sign. 6. Absent en in i h' h 1 1' n ed for a Sto si n a residential eer n data w ic c ear mdicates the e g g Y P g intersection should be left uncontrolled. e:\eng\trafficlatc\s[opsign.pol Jfs City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: May 18, 2006 Re: Preliminary Items on Work Session Agenda 5. Council Member O'Connor requested a Work Session item to discuss eliminating the following policies from the City Council Code of Policies: a. 2.60 on Housing Bond Policy and Procedure b. 2.61 Business Subsidy Policy A business subsid olic is re uire y p y q d by State law and a ma�onty of the Council has authorized housing bonds and a policy provides a framework within which to uniformly handle applications. i 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 Pa e 2 FAX (763) 569-3434 OS/18/2006 FAX (763) 569-3494 g www. cityof brooklyncenter.org City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Cartnody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: May 18, 2006 Re: Preliminary Items on Work Session Agenda 6. Council Member Carmody requested discussion of several policies as set forth in her e-mails: a. Public hearing announcement b. Amendment to Council travel policy on non-reimbursement for materials purchased at training. c. Council approval to attend national conferences d. Amendment of resolution re-committing Council to the City Charter 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 pa e 3 FAX (763) 569-3434 OS/18/2006 FAX (763) 569-3494 g www.cityofbrooklyncenter.org To: Michael McCauley, Myrna Kragness, Diane Niesen, Kay Lasman, Mary O'Connor From: Kathleen Cannody Date: Apri126, 2006 Re: Annual Charter Resolution In the e-mail that I sent to Mr. McCauley concerning the Council Code of Policies, I indicated some concern over the resolution that restates our (the Council's} commitment to the City Charter. I have no problem with regards to reaffirming our commitment to the Charter, however, I find the restatement of certain parts of the Charter a bit perplexing. I think the resolution should just be worded to reaffirm the Charter, not pull out specific parts of it. We cannot follow parts of the Charter more than others, so why not just keep it simple. This is not a huge issue for me, more of an annoyance. If the council consensus is that the status quo is satisfactory, we don't need to discuss it much. I would recommend a simple resolution that states —"The Brooklyn Center City Council reaffirms it's support and commitment to the Brooklyn Center City Charter." To: Michael McCauley, Myrna Kragness, Kay Lasman, Diane Niesen, and Mary O'Connor From: Kathleen Carmody Date: April 26, 2006 Re: Additions to the Brooklyn Center City Council Code of Policies In a recent discussion that we had concerning the Brooklyn Center City Council Code of Policies at a council meeting, I referenced adding some policies to the proposed code and you asked that I wait till the bulk of them was passed and then discuss some new ideas. I have described my changes below. 1. I would like to have included in the intro to public hearings that may be controversial (attracts a larger crowd) that it is inappropriate to clap, boo or otherwise express support or disapproval of a speaker or a paxticular statement during the public hearing. It has been an issue at a few meetings like the CVS hearing and the recent proposed six car ordinance hearing. While no one was very disruptive, I do know that people sometimes ma.ke noises or mutter things that are disrespectful of the speaker. It is against pazliamentary procedure to do that. Some issues are very contentious and lend themselves toward strong feelings. However, I think it is important that every person be heard and not feel denigrated for speaking his or her mind. 2. I mentioned earlier that since both previous Council Member Nelson and, more recently, Council Member Niesen have purchased items that they felt should be reimbursed by the City, that perhaps we should have a policy on Council Member reimbursements. As I stated when we discussed this earlier, I think this will make it clear the procedure for purchasing things that may be good for the city by getting prior consent. I realize this is a more onerous process, however, given the low level of occurrence, I feel it is not that much of a hardship. 3. With the exception of ine, all the current members of the City Council have attended national conferences put on by the National League of Cities. There are several reasons for council members to attend learning more about how to be a successful and effective member of the council, networking with other cities, expressing the problems facing our city and possible solutions but there are also reasons for a council member to not attend. I have never gone to Washington D.C. for instance, because my brother lives there and I would be tempted to go see him rather than attend the evening events. I think that would be wrong, since I would be spending city money for at least a partial personal trip. I also think it is wrong to use the trip as an opportunity to voice personal political beliefs or those of any political party. I have been told by many who went to the March conference in Washington D.C. that Council Member O'Connor expressed views of the Libertarian Party, argued and insulted our national representatives and appazently did not use the trip for any learning or networking opportunities. While I believe in free speech, I believe it should be free and not at the expense of the taxpayers of Brooklyn Center. I would propose that we change the procedure for national conferences to have each attendee get prior permission to attend the conference to avoid this situation in the future. City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: May 18, 2006 Re: Preliminary Items on Work Session Agenda 7. Council Member Niesen supplied a substantially amended proposed City Manager Annual Review Form. I have not spent much time reviewing the changes proposed, but a cursory review indicates substantial issues that I would have with the proposal. Given the upcoming process of hiring a new City Manager, the Council may wish to consider deferring the process and develop an evaluation form based on the expectations/goals/assignments discussed between the Council and the new City Manager for his/her first year. The last version of the Council consensus document (April 1 l form) is also enclosed with the correction of the error in Policy 6 to strike 6 c. I 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 pa e 4 FAX (763) 569-3434 OS/18/2006 FAX (763) 569-3494 g www.cit o rookl ncenter.or y tb y g Page 1 of 1 Michael McCauley From: Diane Niesen Sent: Sunday, May 07, 2006 10:21 PM To: Diane Niesen; Michael McCauley Subject: RE: City Manager position review form Attachments: CMreviewform.doc In reading the Council packet this week, the Minutes reflected the Mayor's request that this Eval Form be put on the 5-22 WS Agenda to allow ample time for my due diligence review and final considerations of the Form. I have finished my review of our consensus of comments and the result contains all that was agreed to plus one or two new bullets that I will highlight, added headings as suggested by Councilmember Carmody, moved comments appropriately to new headings, and streamlined verbiage for conciseness as Councilmember Lasman has requested. You had requested compression of review items and I also factored that request into my review. For example, the heading: Intergovernmental Relations was added but just combined with Leadership as that seemed appropriate. I have attached the form again herein because I made a change to a word on the last page of the regular form. Please use this version in Council packets that will go out for the 5-22 Meeting. Thank you. Frorn: Diane Niesen Sent: Sun 05/07/06 7:45 PM To: Michael McCauley Subject: City Manager position review form To: Michael McCauley, city manager Fr: Diane Niesen, councilmember For: Work Session 5-8-06 Per my 5-4 email and Council decision 4-24, I have attached a City Manager Annual Performance Assessment Form for presentation during the Work Session tomorrow night. 5/8/2006 City af a.�aor�LY�v CITY MANAGER ANNUAL c�N��R pERFORMANCE ASSESSMENT FORM Authoritv This form was adopted by the City Council of Brooklyn Center in 2006 by Resolution Definition An annual performance assessment conducted and completed before December 31 to review and measure job perfortnance and achievements against the Job Description (responsibilities), Yearly Goals (City and professional/personal), City Quality of Life Index and Provisions in this Performance Assessment Form. Process The performance assessment and any salary adjustment should be conducted and completed by the Councilmembers who worked with the City Manager as members new to the Council would lack the qualifications to conduct the review. Sources of information may include any or all of the following: 1) a self-evaluation, 2) council evaivation, 3) solicited feedback. For performance areas achieving a rating of 1, a Performance Improvement Plan shall be created, attached to this Assessment and the performance area(s) re-evaluated within 3 months. Areas of concern outside the direct control of the City Manager should be noted and explained. PERFORMANCE EVALUATION RATING DEFINITIONS �eat1,3� �x�ee��er� y���. Consistently exceeded position requirements �X��G�.�iOT15:: 4;� Exceeded:E��ec'tati',ons Met and exceeded many position requirements 3 Nlet E�pectations Met position requirements 2 I Needs Impr�uemen�� Below minimum position requirements �:D1d�Niit .�cl��v� Failed to meet position requirements RATING PARAMETERS 50 Highest possible score 10 Lowest possible score Scoring: Excellent performer 45-50 (5@5, 5@4) Above-average performer 35-44 (5@4 5@3) Average performer 30-34 (10@3) Below average performer 20-25 (5@3 5@2; l0@2) Needs Improvement Plan 10-19 5/17/2006 1 City Manager Annual Performance Assessment Form 1. Functional and Operational Effectiveness a. City operations were efficiently organized to meet current and projected citizen needs. b. City services were provided effectively and efficiently in the functional areas of: Administration, Assessing, Community Activities, Recreation and Services (CARS), Parks, Community Development/Building Compliance, Public Safety and Public Works. Changing needs and abilities of the City and its citizens were appropriately factored in. c. City Charter provisions, programs and initiatives were implemented and enforced. d. Council/City goals were accomplished or satisfactory progress was made. e. City Quality of Life Index Score is within "Acceptable" range. Rating: Comments: 2. Oraanizational/Staff Effectiveness a. Maintained professional and high quality staff who provided information and services that were timely, complete, accurate and of consistently high quality. b. Followed current legal and equitable policies and procedures for employee hiring, promotion, performance appraisal and disciplinary measures. c. Held the organization accountable for results by reporting results and appropriately addressing any performance issues. Rating: Comments: 3. Fiscal/Business Manaaement a. Pla.nned and effectively managed allocation of financial resources to meet current needs and abilities of the City and its t�payers by preparing a reasonable, effective and clear budget. b. Monitored and reported key financial indicators to ensure financial performance was on track. Reported any significant budget variances or adverse developments and identified and recommended appropriate and financially responsible options. c. Provided accurate reports of City's fiscal condition to Council in timely manner. d. Anticipated areas of legal concern and worked to eliminate, reduce or mitigate the potential for lawsuits against the City. Rating: Comments: 5/17/2006 2 City Manager Annual Performance Assessment Form 4. Policv/Ordinance Facilitation a. Respected and supported the role of elected officials in making policy/ordinance decisions. b. Presented policy/ordinance-related information clearly, completely and accurately. c. Ensured that policy/ordinance decisions/initiatives were implemented and enforced. d. Gave Council community feedback on policies/ordinances that were received directly by City personneL Rating: Comments: 5. Communit an i iz I i n v d Ct en Reato s a. Used effective communication vehicles and processes to stay current on citizen/community needs. b. Res ected and romoted active citizen artici ation in local overnment. P P P P g c. Ensured prompt, courteous and accurate responses to citizen requests. d. Citizen complaints were effectively addressed and significant issues communicated to Council. e. Demonstrated an understanding of current City demographics using adequate primary and/or secondary information sources. Rating: Comments: 6. Citv Council Support/Relations a. Kept Council well informed and up-to-date via effective weekly communications. b. Facilitated effective Council agendas that included City business and Councilmember requests in a timely manner to allow for adequate discussion and voting timeframes. c. Supported effective Council meetings by providing information that was accurate, clear, current, complete, concise, well organized and prepared using good documentation practices (e.g., pages numbered and dated). Sources of information were appropriately identified. d. Demonstrated a commitment to democratic principles by respecting elected officials, community interest groups, and the decision-making process. e. Handled requests from Councilmembers in a timely fashion to support the work of elected officials and/or provide information necessary for informed decision-making and performance assessment purposes. Rating: Comments: 5/17/2006 3 City Manager Annual Performance Assessment Form 7. Values a. Modeled and required honest and ethical behavior; did not allow dishonest/unethical behaviors to go undisciplined within the organization. b. Demonstrated integrity in professional relationships and personal actions. c. Abided by the ICMA Code of Ethics and maintained good standing in the ICMA organization. d. Demonstrated and modeled the organizations' values, mission statement, goals and objectives. Rating: Comments: 8. Interpersonal Skills and Development a. Respectfully facilitated the flow of ideas, information, and understanding between and among individuals. b. Demonstrated the ability to work in harmony with others, minimizing conflict and fostering good- will within the organization, with the public and other governmental representatives and external groups. c. Planned and conducted personal and professional development appropriate to the requirements of the job and the outcomes of previous performance assessments. Rating: Comments: 9. Leadership and Interqovernmental Relations a. Demonstrated the capacity to inspire and motivate others to achieve their best and fulfill the objectives of the Council. b. Demonstrated the ability to make decisions, address and fulfill responsibilities. c. Positioned the organization so that it could well respond to anticipated events and circumstances. d. Accepted responsibility for undesirable results. e. Kept up-to-date on legislative issues that had potential to impact local government. f. Effectively interacted with State, County, local and agency officials in matters of local importance. Rating: Comments: 5/ 17/2006 4 Ci Mana er Annual Performance Assessment Form tY g 10. Communication a. Provided information effectively in both written and verbal presentations. b. Communicated information to the media in ways that increased public understanding of local government issues and activities. c. Conveyed information accurately, clearly and objectively to different audiences. Rating: Comments: Overall score for this performance assessment: List 1-3 strengths/items for commendation List 1-3 areas for personal or professional development Comments from individual beina assessed Attach to this Evaluation the Brooklyn Center Quality of Life Index Attach to this Evaluation 1-3 personal goals this individual has identified for the coming year. 5/17/2006 5 City Manager Annual Performance Assessment Form Brooklvn Center Qualitv of Life Index RATING DEFINITIONS 3 Got�enda�[ile Situation/condition is very good �c�eptable Situation/condition is acceptable 1":;: U���eptabi� Situation/condition must improve during the next year Indicator Desired Status Rating Year: 20 1. City operations Annual budget had acceptable range of accuracy (within 5%) and stability (0-4% gowth factoring in revenue increases, cost controls and inflation). 2. City enterprise operations Annual budgets had acceptable range of accuracy (within 5%) and trend over last 2-3 years is positive. 3. City service/ordinance Community and staffare lrnowledgeable in the important basic city laws, effectiveness enforcement is conducted in timely manner and with equity, and voluntary compliance levels are high. 4. Property tax affordability The City's taxpayer burden ranking on the metro area average priced index home is aligned with its tax capacity comparatively. 5. Crime rate/trends T'he crime index per capita has seen a downward irend over the last 2-3 years and compares favorably to cities of similar location, size and tax capacity. Public safety overall is trending in a positive direction. 6. C/I vacancy rates The City's C/I vacancy rate is either trending positive or is acceptable given the current economic situation. 7. Wages and benefits The percentage of the total operating budget for wages and benefits is affordable/reasonable given the City's current demographics and needs. Positions are aligned with other cities of similar size, location and demographics. 8. Environmental The City's land, water, air and noise pollution levels are decreasing or at an acceptable level. Adequate methods exist to track environmental issues and their resolution. 9. Lawsuits against City The number and cost of lawsuits that the City is involved with are trending downward, or are at a reasonable level per capita. (e.g., legal fees, stafftime). The City wins more than it loses. 10. Community The number of instances that community members claimed they felt Communications inappropriately informed on issues that impacted them is trending downward. The City regularly explores ways to innovate in community communications. Community satisfaction with communication is regularly monitored and addressed. RATING PARAMETERS 30 Highest possible score 10 I Lowest possible score I Scoring: Good condition 25-30 (5@3, 5@2) Acceptable condition 20-25 (l0@2) Unacceptable condition 10-19 5/ 17/2006 6 DRAFT CITY MANAGER EVALUATION FORM April 11, 2006 y� a �����1'U��7 3� f S[�i� ��s. §Y ���K �3 F 6'� I' s ^o� ,<.,i &Y�., 0�,>if �:�,..o��'` �..�!>>R2,?.� ��''�f&��:w _.r<. �:,,Yi��k t. 3 ,�..��u�,,, �sT�s'; �id Not Achieve: is that level of erformance that consistentl failed to a roach the re uirements of the 'ob. P Y PP 9 J Needs Imnrovement: is that level of performance which consistently falls below the requirements of the job. It does not mean that every aspect 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 performance which would neither be consistently below nor superior to what is necessary to do the job. Exceeds Exnectations: is that level of performance that consistently surpasses standards of adequate performance. Greativ Exceed Expectations: is that level of performance consistently greatly surpasses the standards of adequate performance. 1. Policy/Ordinance Facilitation a. Presents policy/ordinance-related information clearly, completely and accurately. b. Respects and supports the role of elected officials in making policy/ordinance decisions. c. Ensures that policy/ordinance decisions and initiatives are implemented and enforced. d. Gives Council community feedback on policies/ordinances that were received directly by City personnel. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: 2. Citizen Service a. Keeps current on citizen needs by using effective communication vehicles and processes. 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 4 5 1 2 3 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: i City Manager Evaluation Form 1 DRAFT Relationshin With Mavor and Citv Council and Communitv a. Keeps current on 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. c. Respects and promotes active citizen participation in local governance. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: 4. Functional and Operational Effectiveness a. Is Knowledgeable on the basic principles of service delivery in functional areas: public safety, community development, public works, finance, parks and recreation. b. Provides reasonable, effective and clear budget. Monitors key financial indicators to ensure financial performance is on track; reports discrepancies and recommends appropriate financially responsible actions to CounciL c. Sources of information 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 implemented effectively using city recourses in the most efficient manner. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: 5. Interpersonal Skills a. Conveys information effectively and objectively to others; a' �+;�,°'<,+,�o r,.o�o„+.,�;,,,, e�-e�e� b. Facilitates the flow of ideas, information, and understanding between and among individuals. c. Demonstrates the ability to work in harmony with others, minimizing conflict and fostering goodwill within the organization, with the public and other governmental representatives and external groups. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: City Manager Evaluation Form 2 DRAFT 6. Staff Effectiveness a. Maintain professional and high quality staff that provides reports and services that are timely, complete, equitable and of consistently high quality. b. Holds the organization accountable for results. c: d. Ensures that the policies and procedures for employee hiring, promotion, performance appraisal and discipline are legal, current and equitable. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: 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. Anticipates and positions the organization to address and respond to anticipated events and circumstances. d. Accepts responsibility for undesirable results. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: 8. Ethics and Integrity a. Models and requires honest and ethical behavior; 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. c. Demonstrates and models the organizations' values, mission statement, goals and objectives. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: City Manager Evaluation Form 3 DRAFT 9. Organizational Planning and Management a. Provides accurate assessment of the City's fiscal condition. b. Prepares clear, effective, understandable budget. c. Effectively manages the allocation of financial recourses. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: 10. Communication a. Demonstrates a capacity for effective written and verbal communication. b. Communicates information to the media in a way that increases public understanding of local government issues and activities. c. Conveys information effectively and objectively to different audiences. d. Agendas are developed and communicated in a process allowing Council appropriate discussion and voting timeframes to effectively fulfill their elected duties. 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Exceeded Achieve Improvement Expectations Expectations Expectations Comments: City Manager Evaluation Form 4 DRAFT