HomeMy WebLinkAbout2006 06-26 CCP Regular Session I
Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
June 26, 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 by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Discussion of Work Session Agenda Items as Time Permits
3. Miscellaneous
4. Adj ourn
I
CITY COUNCIL MEETING
City of Brooklyn Center
June 26, 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 Forum will not be used as a
time for problem solving or reacting to the comments made but, rather, for hearing the citizen
for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the meeting.
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember so
requests, in which event the item will be removed from the consent agenda and considered at
the end of Council Consideration Items.
a. Approval of Minutes
--Councilmembers not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. May 22, 2006 Study Session
2. June 5, 2006 3oint Work Session With Financial Commission
3. June 12, 2006 Study Session
4. June 12, 2006 Regular Session
b. Licenses
c. Set Date and Time for Joint Meeting with Opporiunity Site Task Force for July 12,
2006, at 7 p.m. to Review Proposals Received for the 57th and Logan Avenues
Redevelopment Site
CITY COUNCIL AGENDA -2- June 26, 2006
d. Site Performance Guarantee Release
Starbuck's Coffee (5512 Brooklyn Boulevard)
8. Planning Commission Item
a. Planning Commission Application No. 2006-007 submitted by Joseph Isaacs to
resubdivide the property at 5420 Girard Avenue North to re-establish two platted lots
that have been combined for tax purposes. The Planning Commission recommended
approval of this application at its June 15, 2006, meeting.
•Requested Council Action:
Motion to approve Planning Commission Application No. 2006-007 subj ect
to the conditions recommended by the Planning Commission.
9. Council Consideration Items
a. Appointment of Members to the Technical Advisory Committee of the Shingle Creek
and West Mississippi Watershed Management Commissions
•Requested Council Action:
Motion to make the following appointments to the Shingle Creek and West
Mississippi Watershed Management Commissions:
Member: Director of Public Works
Alternate Member: Supervisor of Streets Division
Alternate Member: City Manager
and directing the City Manager to provide the Commissions with the names
of the incumbents of each position and future changes
b. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
•Requested Council Action:
Motion to adopt resolution.
c. Resolution Recognizing Members of the Brooklyn Center Public Safety
Communications Center in Recognition and Appreciation of Their Service to the City
of Brooklyn Center
•Requested Council Action:
Motion to adopt resolution.
10. Adjournment
An Inconvenient Trutb a movie featuring A1 Gore
Part of a movie review by Roger Ebert
What ca.n we do? Switch to and encourage the development of alternative
energy sources: Solar, wind, ridal, and, yes, nuclear. Move quickly toward
hybrid and elecn cats. Pc�ur money into pubiic transi�, and subsidize the
fares. Save energy in aur houses. I did a funny thing when I came home after
seeing "An In�onvenient Truth." I went around the hause turning off the
lights.
My own comments (Many cities in the U.S. have signed on to commit
themselves to reduce C42 through their own �liei�s. Brovk�yn Center can
also look for ways to educate and promote it's own residents to commit to
helping reduce global warming_)
America Beyond Capitalism, Reclaiming our Wealth, Our Liberty, and our
Democracy by Gar Alp�rQVitz, 2045
Chapters pertinent to Iocal action
�hapter 6 The Pluralist Commonwealth An econamic system that may fit
better than capitalism or s�cialism
Chapter 7 A I)ireet Stake in Economic Life Worker-Owned Firms
promoting ESOPs Employee Stock Ownership Pians
Chapter 8 Enterprising Cities Community Land Trusts (CLT)
Chapter 9. Building Community: Neighbonc��ad�s and Nonprofits with a
Mission Community DevelQpment Corporation {CI�C)
Brooktyn Ce ter Open Forum Registration
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Address
.2Ct �I?�lvr�l �Ch,(e�/ ��l'��-�r
Sub�
fo /,���1
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
6. Council Member Carmody requested discussion of several policies as set forth
in her e-mails:
a. Public hearing announcernent
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 Parkw¢y Recredtion and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 page 3 F`� �763) 569-3434 OS/18/2006
FAX (763) 569-3494
w w w. c ityo f b rooklyncenter. o rg
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 reaffirnung 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.
Tlus is not a huge issue for me, more of an annoyance. If the council consensus is that
the sta.tus 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 Cannody t
Date: Apri126, 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 cmwd) that it is inappropriate to clap, boo
or otherwise express support or disapproval of a speaker or a particular
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 make
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 heazd 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
rea.lize 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
P
ossible solutions but there are
also reaso
ns 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 ra.ther 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.G that Council Member O'Connor
expressed views of the Libertarian Party, argued and insulted our national
representa.tives and apparently did not use the trip for any leazning or
networking opportunities. While I believe in free speech, I believe it
t
t
should be free and not at the expense of the taxcpayers of Brooklyn Center.
I would propose that we change the procedure for national conferences to
have each attendee get prior pemussion to attend the conference to avoid
this situation in the future.
City Council Agenda Item No, 7a
Office of the City Clerk
City of Brooklyn Center
A Midlennium Community
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk r�i%��
DATE: June 26, 2006
SUBJECT: City Council Agenda Item No. 7a (1) and (3)
Requested Changes to City Council Minutes
Following are changes to the minutes as requested by Councilmember Carmody.
Mav 22, 2006. Studv Session
Page 3, topic COLTNCIL MEMBER NIESEN: NEW PROPOSAL FOR CITY
MANAGER REVIEW FORM, first paragraph
Councilmember Carmody stated she would like to postpone the City Manager review form
until next year because Mr. McCauley will no longer be with the City and she thought
there was a consensus that the current form would be used next year
June 12, 2006, Studv Session
Page l, last paragraph, last sentence:
She stated she would like to pull the Study Session meeting minutes and
review them in more detaiL
6301 Shin le Creek Parkwa Recreation and Communit Center Phone TDD Number
g y y
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
Office of the City Clerk
City of Brooklyn Center
A 1Vlillennium Community
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: June 26, 2006
SUBJECT: City Council Agenda Item No. 7a (2)
Requested Changes to City Council Minutes
Following are changes to the minutes of the 06/OS/06 Joint Work Session with Financial
Commission as requested by Councilmember Lasman.
Page 2, paragraph 2, first sentence:
Councilmember Lasman stated she would like a surnmary report �iven at the next reQular
Council meetin� for the benefit of the residents.
(NOTE from Councilmember Lasman: The change is that I didn't just request a report to
be given to me, but wanted a report given for the benefit of the public.)
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
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City M ger
FROM: Sharon Knutson, City Clerk
DATE: June 21, 2006
SUBJECT: Requested Changes to OS/22/06 Study Session Minutes
Following are changes to the minutes of the OS/22/06 City Council Study Session rneeting as
submitted and requested by Councilmember Niesen. Approval of these minutes was tabled from
the June 12, 2006, City Council meeting.
COIJNCIL STUDY SESSION 5-22-06, Pa�e 3
REVISION OF POLICY 2.03 CITY COUNCIL COMMITMENT TO THE BROOKLYN
CENTER CHARTER PAGE 206 AND SEVERAL OTHER POLICIES
NOTE ONLY.• Missing from Minutes is Councilmember Carmody's statement of policy
proposal: a council majority should vote on allowing councilmember seminar attendance/travel
NOTE. ONLY.• The paragr�aph attributed to me was in response to Councilmember Carmody's
policy proposal of above; to be inserted before. Councilmember Carmody s proposal should be
copied herein.
"Councilmember Niesen disagreed with Councilmember Carmody's policy proposal to only
allow a councilmember seminar/educational attendance/travel by majority vote. She noted our
recently updated travel and educational policy allows councilmembers to choose their seminars
and educational opportunities based on a policy that is applied to all, equally. She stated
Councilmember Carmody's proposal could allow an unequal application of this policy based on
the views of individual members."
COUNCIL STUDY SESSION 5-22-06, Pa�e 3
NEW PROPOSAL FOR CITY MANAGER REVIEW FORM
NOTE ONLY.• It was Mayor Kragness who stated she thought we were using the previous form,
again this year. Councilmember Carmody did not make that statement, she only proposed that
we revert to it based on the resignation of our current City Manager.
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 (�63) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MAY 22, 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 Hoffinan, and Deputy City Clerk Camille
Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember O'Connor stated she would be removing item 7d. from the consent agenda for
discussion.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
COUNCIL MEMBER LASMAN: CITIZEN PETITIONS FOR STOP SIGNS
Councilmember Lasman stated she understands the process of installation of stop signs, however
stated she feels the intersection of 54 Avenue and James Avenue is in need of a stop sign. She
stated residents of the area have requested this stop sign and she feels it would be nice if all
residents had an avenue to pursue installation of stop signs.
City Manager Michael McCauley explained that many stop sign requests are made for this area,
which has a stop sign every two blocks. He explained that if stop signs are too abundant,
motorists start to ignore them, making the situation more dangerous.
Councilmember Carmody suggested that those residents who wish to petition for a stop sign
appeax in front of the City Council so that it may review the situation and so that the City can
explain the process and liability. Councilmember Lasman responded that she disagreed with
having the residents appear at a City Council meeting if the answer is going to be no.
Mr. McCauley explained that if the request for a stop sign is reviewed by the Traffic Committee
and denied, the requesting party is notified in writing of the denial and their right to appeal to the
City CounciL
OS/22/06 1
COUNCIL MEMBER O'CONNOR: REMOVAL OF POLICIES 2.60 2.61 ON
HOUSING BONDS AND BUSINESS SUBSIDY PAGES 254-258
Councilmember O'Connor stated the City borrowed money last year and is now repaying it. She
stated the City should not be borrowing money so that taxes are not raised to repay the loan. She
further stated the City should not be involved in a business subsidy or housing bonds.
Councilmember Carmody stated the business subsidy is partially guided by the State of
Minnesota. She stated she is not interested in discontinuing use of the housing bonds and
business subsidies.
Councilmember Niesen suggested that these items be brought forward during the budget
discussions. She stated it would be helpful if Councilmember O'Connor would put her request or
concern in writing.
COUNCIL MEMBER CARMODY: REYISION OF POLICY 2.03 CITY COUNCIL
COMMITMENT TO THE BROOKLYN CENTER CHARTER PAGE 206 AND
SEVERAL OTHER POLICIES
Councilmember Carmody asked if commitment to the Charter is necessary each year and if there
are changes, if just those changes can be confirmed. She stated confusion as to why parts of the
Charter are emphasized in the annual resolutions.
Councilmember Niesen stated agreement with Councilmember Carmody and suggested that
future resolutions only reaffirm the City's commitment and not specify sections.
Mayor Kragness stated she would be in favor of simplifying the resolution as long as there is an
annual affirmation of the Charter.
Councilmember Niesen suggested that Councilmember Carmody draft a simplified resolution
establishing recommitment to the Charter.
Mayor Kragness suggested asking the Charter Commission to draft a simplified resolution.
Mr. McCauley stated he would provide a draft of a simplified resolution.
Councilmember Carmody suggested an amendment to the policy requiring prior consent to
purchase materials. She stated the materials are usually available after the conferences; therefore
the City Council should review the purchasing of the materials as a whole.
Mr. McCauley stated he would provide a draft amendment to the policy.
Councilmember Carmody stated she would like to have included in the introduction to
controversial public hearings that it is inappropriate to clap, boo or otherwise express support or
disapproval of a speaker or a particular statement during the public hearing.
Councilmember O'Connor stated objection to restricting residents from expressing themselves.
Councilmember Carmody responded it is parliamentary procedure and should be followed at all
OS/22/06 2
public meetings.
Councilmember Carmody stated concern that she was represented inappropriately by
Councilmember O'Connor in Washington, D.C. while on a City sponsored trip. She stated the
ta�c payers should not be paying for Councilmember O'Connor's expression of personal opinion
and not that of the entire City Council. Councilmember O'Connor responded she was elected to
express her opinion. The national debt and deficit are more important than Community
Development Block Grants. Mayor Kragness responded Councilmember O'Connor is paid to
attend the events and to represent the City of Brooklyn Center and several residents called her to
express embarrassment over Councilmember O'Connor's actions in Washington, D.C.
Councilmember Carmody stated the City Council should approve the expression of particular
viewpoints where the entire City Council or City of Brooklyn Center is being represented.
Councilmember Niesen disagreed with Councilmember Carmody and stated her view could be
construed as policing other Councilmembers behavior. She stated the majority should not be
allowed to block other Councilmembers from traveling and expressing their opinions. She stated
the policy is to travel outside of the state twice in a four yeax term and the goal is to make laws
and outline policies that will outlive the Councilmembers, not to craft a restriction because we
came across an inappropriate behavior. She suggested that behaviors and expectations be
discussed amongst the Coun.cilmembers.
Mayor Kragness stated Councilmembers have the freedom of speech; however each
Councilmember needs to remember that they are representing the entire City of Brooklyn Center.
She stated she was embarrassed when she received calls from residents regarding
Councilmember O'Connor's behavior.
Councilmember Lasman stated opposition to restricting the attendance of conferences however
stated such platforms as the conference Councilmember O'Connor attended should not be used
as a forum to speak out inappropriately.
COUNCIL MEMBER NIESEN: NEW PROPOSAL FOR CITY MANAGER REVIEW
FORM
Councilmember Cannody stated she would like to postpone the City Manager review form until
next year because Mr. McCauley will no longer be with the City and she thought there was a
consensus that the current form would be used until next year. She stated a new City Council
may be elected and may wish to amend the form again. She stated she is not interested in
discussing it at this time.
Councilmember Niesen stated she has spent a great deal of time on the form and would like to
insure that a form is in place prior to the hiring of a new City Manger.
It was suggested that Councilmember Niesen be given five minutes to discuss the item.
Mayor Kragness and Councilmember O'Connor stated they were willing to discuss the matter.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
OS/22/06 3
Councilmember Carmody moved and Councilmember Lasman seconded to close the Study
Session at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
The Study Session was reconvened at 6:46 p.m.
Councilmember Niesen distributed the revised version of the City Manager's review. She
discussed the changes made from the previous draft form.
Councilmember Lasman suggested that the form be revisited during the first meeting in
Februar 2007, with the new City Council. She stated the City Council at that time is the one
Y
that should be reviewing the matter.
Mr. McCauley stated the presented form would be inappropriate if used to evaluate a new City
Manager who is learning the City. He stated a streamline form needs to be in place for a new
City Manager and the proposed form would be more appropriate for a City Manager who has
been in the City for a while. He stated the first evaluation needs to be focused and relevant to a
new manager.
Councilmember Niesen stated the form should be completed now and could be used in the
subsequent year.
Mayor Kragness stated the proposed form could be referenced by the new City Council; however
it is not needed at this point.
I ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded to close the Study
Session at 6:56 p.m.
Motion passed unanimously.
City Clerk Mayar
OS/22/06 4
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
JLJNE 5, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Work Session and was called to order by Mayor Pro Tem
Lasman at 6:30 p.m.
ROLL CALL
Mayor Pro Tem Kay Lasman and Councilmembers Kathleen Carmody, Diane Niesen, and Mary
O'Connor. Mayor Myrna Kragness was absent and excused. Also present: Assistant City
Manager/Director of Operations Curt Boganey, Fiscal and Support Services Director Dan Jordet, and
Deputy City Clerk Camille Worley.
Others present were Financial Commissioners Mark Nemec and Susan Shogren Smith.
PRESENTATION BY AUDITOR OF 2005 AUDIT AND COMPREHENSIVE ANNUAL
FINANCIAL REPORT
David Mol, Partner, HLB Tautges Redpath, Ltd. outlined the following included on the Report on
Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit
of Financial Statements Performed in Accordance with Government Auditing Standards:
Internal Control Over Financial Reporting
o Journal Entries
o Utility Billing Adjustments
o Golf Course Z Tapes
o Water Consumption
o Investment Policy
o Liquor Inventory Adjustments
Compliance and Other Matters
It was noted that there axe some recently issued accounting standards that will impact the budget
process next year.
Councilmember Niesen stated there was a separate letter to management last year and not this year.
She stated difficulty finding the condition of Z Tape. Mr. Mol stated all the findings were placed in
06/O S/06 -1- DR.AFT
the internal control letter, whereas last year they were separated and some were included in the
management letter. He stated now anything significant must be placed in an Internal Control Letter.
Fiscal and Support Services Director Dan Jordet stated it is a repeat condition however the Z Tape
condition was corrected last year and this year.
Councilmember Lasman sta.ted she would like a summazy report. City Manager/Director of
Operations Curt Boganey stated it would be placed on a City Council agenda to give a summary
report to the public.
Mr. Jordet discussed the Investment Policy and stated he would like to review the Investment Policy,
bring it to the Financial Commission for review, then to the City Council for amendment. He also
discussed the purchasing of corporate paper and stated purchasing such items would be out of the
norm, even though it is allowed by policy. He stated the City's investments are restricted, justifying
the review of the Investment Policy.
Councilmember O'Connor inquired about the collection of property taxes. Andrew Hering, Senior
Auditor, HLB Tautges Redpath, Ltd. explained that 100% of the tax levy will never be collected.
Mr. Hering discussed the draft Audit Management Letter and outlined the following:
Report summary elements, overview, and other matters
Financial Statement Analysis
o Summary of Financial Activity, Statement of Activities, Tax Increments, and
Interfund Payables/Receivables.
General Fund
o Working Capital Reserve
Special Revenue Funds
o Housing and Redevelopment Authority Fund, Economic Development Authority
Fund, TIF District No. 2-Earle Brown TIF Fund, TIF District No. 3 Fund, TIF
District No. 4 Fund, and City Initiatives Grant Fund.
Debt Service Funds
Capital Projects Funds
o Capital Reserve Emergency Fund, Capital Improvements Fund, Municipal State Aid
for Construction Fund, Infrastructure Construction Fund, EBHC Improvements Fund,
Street Reconstruction Fund, Technology Fund, Municipal Liquor Fund, Golf Course
Fund, EBHC Fund, Recycling and Refuse Fund, Water Utility Fund, Sanitary Sewer
Fund, Storm Drainage Fund, and Street Light Fund.
Municinal Liauor Fund
Mr. Hering discussed the process of the Municipal Liquor audit and how potential inventory
shortages were estimated. Mr. Boganey explained that it is possible that the inventory system was
inconectly used, rather than actual inventory shortages.
06/OS/06 -2- DRAFT
Golf Course Fund
Mr. Jordet discussed the accounting of the Golf Course Fund. Mr. Hering, Staff, and the City
Council discussed the different financial statements for the Golf Course Fund.
Councilmember O'Connor inquired about the Debt Service Principle under expenditures, particularly
the amount of interest owed plus principle. Mr. Jordet stated it is shown under Services and Other
Charges and stated it is important to keep track of the Debt Service Principle because that is what has
a direct impact on how much TIF Assistance the project gets.
Internal Service Funds
MISCELLANEOUS
Councilmember Niesen stated she would like her proposed City Manager Evaluation Form to be
brought to a vote. She stated she did a lot of work on it and is not willing to wait until February of
2007 for the item to be brought to a vote. Mayor Pro Tem Lasman responded it was the consensus of
I the City Council that it would be looked at in February 2007, when the new City Council has been
elected and the new Ci Mana er would have had some time to et to know the City.
tY g g
Councilmember Carmody stated it is not appropriate to try to get it on the agenda after the entire City
Council decided it would not be until February 2007. She stated Councilmember Niesen could
request that it be placed on the agenda at the time of agenda approval. She stated no intention to vote
for approval; however, it should be brought up in front of the entire City Council to be placed on the
i agenda.
Councilmember Niesen stated all City Councilmembers are equal and should be allowed to do
business by bringing something to a vote.
Mayor Pro Tem Lasman stated the consensus of the City Council still stands and it should not be
voted on at this time.
ADJOURNMENT
A motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the Work
Session at 8:42 p.m. Motion passed unanimously.
i lerk Ma or
C ty C y
06/OS/06 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JLJNE 12, 2006
CITY HALL COUNCIL CHAMBER5
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 Deputy City Clerk Camille
Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember O'Connor stated she distributed her corrections to the minutes. She inquired
about the number of proposals mailed and received back regarding Item No. 7d. Assistant City
Manager/Director of Operations Curt Boganey stated two proposals were received. City
Manager Michael McCauley stated 12-20 were mailed.
Councilmember O'Connor stated she will be moving Item No. 7d to the regular agenda for
discussion.
Councilmember Lasman asked if the person being charged with assault at 5419 Humboldt
Avenue North has been removed from the property. Mr. McCauley stated there would be
potential prosecution; however it would not effect the licensing provision. He stated the number
of incidents would effect the licensing of the property.
The City Council discussed a proper date for the Joint Meeting with O'pportunity Site Task Force
and came to the consensus to hold the meeting on Wednesday July 5 with the backup date of July
12. Mr. McCauley stated Mr. Boganey can check on the date and confirm it with the City
Council at the June 26 City Council meeting.
It was the consensus of the City Council to remove Item No. 7d. from the agenda.
Councilmember Carmody stated opposition to a portion of the amendments to the minutes
submitted by Councilmember Niesen. She stated she would like to pull the Study Session
meeting minutes and she will look at the tape to review the discussion.
06/12/06 1 DR.AFT
MISCELLANEOUS
Councilmember O'Connor stated she received an email regarding 5453 Bryant Avenue North,
which is an empty house with a mess in both the front and back yards. She asked if the matter
was resolved. Mr. Boganey stated he does not recall receiving an email regarding the matter;
however, he will report it to Code Enforcement for review.
Councilmember O'Connor inquired about the letter from the woman cited by the Police
Department at Brookdale Mall. Mr. Boganey stated the matter has been turned over to the City
Attorney who will be investigating the allegations and will report on the facts of the situation.
ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded to close the Study
Session at 6:30 p.m.
Motion passed unanimously.
City Clerk Mayar
06/12/06 2 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
NNE 12, 2006
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum and was called to order by
Mayor Myrna Kragness at 6:45 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Cartnody, 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, City Attorney Charlie LeFevere,
and Deputy City Clerk Camille Worley.
Mayor Kragness opened the meeting for the purpose of Informal Open Forum.
Ken Barros, 5006 Zenith Avenue North, expressed concern for illegal use of commercial
fireworks at 5017 Brooklyn Boulevard. He described events that took place on July 4, 2005, and
demanded that the issue be resolved before July 4, 2006. He distributed a statement listing his
concerns and requested action.
City Manager Michael McCauley discussed the police response times related to the number of
officers on duty and various situations of priority. He said the statement from Mr. Barros would
be given to the Police Chief for review.
Jill Dalton, 6417 Colfax Avenue North, owner of Curves, discussed their affiliation with the
Minnesota School of Business in regard to Therapeutic Massage. She discussed the benefits of
Therapeutic Massage and asked that the City of Brooklyn Center reconsider the licenses fees for
Therapeutic Massage so that those services can be offered at Curves.
Councilmember Carmody suggested that the matter be discussed at a Work Session. Mr.
McCauley responded that the matter was previously discussed by the City Council and those
materials can be pulled and included for review at a future Work Session.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal
Open Forum.
Motion passed unanimously.
Informal Open Forum closed at 6:58 p.m.
06/12/06 1 DRAFT
2. INVOCATION
Mayor Kragness offered a moment of silence for 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.
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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and
Deputy City Clerk Camille Worley.
5. PLEDGE OF ALLEGIANCE
I
The Pled e of Alle iance was recited.
g
g
6. COUNCIL REPORT
Councilmember O'Connor had nothing to report.
Councilmember Lasman stated on May 23 she attended the Brooklyn Center High School
Grammy Foundation Awards Ceremony; the school was awarded $15,000 as a response to its
I grant application; a wonderful concert was preformed after the ceremony; and the school should
be commended. She attended a Police and Neighborhood Forum at Earle Brown Elementary on
May 24 and said more of these meetings are scheduled for the fall and encouraged people to
attend. She attended a Joint Meeting with the Financial Commission on June 5'
Councilmember Carmody stated she also attended the Brooklyn Center High School Grammy
Foundation Awards Ceremony and thought the displayed impact of one teacher was great. She
attended the Watershed Commission meeting. She stated next Thursday starts Earle Brown Days
I with the parade on Thursday evening and Ice Cream Social on Friday and discussed other events
to be held during Ear1e Brown Days.
Councilmember Niesen had nothing to report.
Mayor Kragness stated she attended the Board of Hennepin County Commissioners celebration
honoring the reopening of the Hennepin County Transfer Station in Brooklyn Park, which was
expanded and is now more user-friendly. She discussed the Six Simple Steps to being a Good
Neighbor postcard that was sent to all Brooklyn Center residents and recommended that
residents contact the City if they have not received one. She presented City Manager Michael
McCauley with a Mayors Proclamation honoring his service to the City of Brooklyn Center.
06/12/06 2 DRAFT
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Cannody seconded to approve the consent
agenda and agenda as amended, with the removal of Item No. 7d (Set Date and Time for Joint
Meeting with Opportunity Site Task Force for June 28, 2006, at 7 p.m. to Review Proposals
Received for the 57th and Logan Avenues Redevelopment Site) from the Consent Agenda,
amendments to the May 22, 2006 Regular Session minutes and May 22, 2006 Work Session
minutes as submitted by Councilmembers O'Connor and Niesen, and removal of the May 22,
2006 Study Session minutes for further review and the following consent items were approved
as amended:
7a. APPROVAL OF MINUTES
l. May 22, 2006 Regular Session
2. May 22, 2006 Work Session
7b. LICENSES
AMUSEMENT DEVICE
AMF Earle Brown Lanes 6440 James Circle
CDL 11071 93rd Ave N, Suite A, Maple Grove
B.C. Community Center 6301 Shingle Creek Parkway
Davanni's 5937 Summit Drive
MCTO 6845 Shingle Creek Parkway
B.C. Legion 6110 Brooklyn Blvd
Denny's Restaurant 6405 James Circle
Metro Coin of Minnesota 6301 Shingle Creek Parkway
Theisen Vendin� Combanv 2335 Nevada Ave N, Golden Valley
B.C. Community Center 6301 Shingle Creek Parkway
Family Dollar #4514 6223 Brooklyn Blvd
Family Dollar #5110 2105 57 Ave N
GARBAGE HAULER
BFI Waste Systems 8661 Rendova St NE, Circle Pines
Darling International Inc 9000 382nd Ave, Blue Earth
Walz Brothers Sanitation P. O. Box 627, Maple Grove
MECHANICAL
Dependable Indoor Air 2619 Coon Rapids Blvd NW, Coon Rapids
Kingsway Mechanical 6250 Hwy 12, Maple Plain
Metro Sheet Metal Inc. 3260 Fanum Road, St. Paul
RENTAL
Renewal
2401 54 Ave N(Two Family, One Unit) Joseph Linda Hoffinan
5401 Brooklyn Blvd (Single Family) Northport Properties
06/12/06 3 DRAFT
5415 Brooklyn Blvd (Single Family) Duane Orn
5235 Drew Ave N(Two Family, One Unit) Jay Nelson Battenberg
Initial
15313 62 Ave N(Single Family) Doua Yang
5901 Aldrich Ave N(Single Family) Scott Vickie Huber
6012 Halifax Ave N(Single Family) Kris Knosalla
5419 Humboldt Ave N(Single Family) Pineda Cecilia
5556 Logan Ave n(Single Family) Nick Morris
3306 Quarles Road (Single Family) John Sonja Simpson
7c. RESOLUTION NO. 2006-71 DECLARING EARLE BROWN DAYS AS A
CIVIC EVENT FROM JUNE 22 THROUGH JUNE 24, 2006
7e. RESOLUTION NO. 2006-72 ACCEPTING WORK AND AUTHORIZING
FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004-14,
CONTRACT 2004-H, SHINGLE CREEK PARKWAY AND SUMMIT
DRIVE STREET AND UTILITY IMPROVEMENTS
7f. RESOLUTION NO. 2006-73 ACCEPTING WORK AND AUTHORIZING
FINAL PAYMENT FOR IMPROVEMENT PROJECT NOS. 2005-01, 02, 03
04, CONTRACT 2005-A, LIONS PARK NEIGHBORHOOD STREET
AND UTILITY IMPROVEMENTS
Motion passed unanimously.
8. PLANNING COMMISSION ITEM
8a. PLANNING COMMISSION APPLICATION NO. 2006-006 SUBMITTED BY
NEARCO IV, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO
COMBINE TWO TRACTS OF LAND AT THE SOUTHWEST CORNER OF 56
AVENUE NORTH AND XERXES AVENUE NORTH (5545 XERXES AVENUE
NORTH) INTO A SINGLE LOT. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 25, 2006,
MEETING.
Planning and Zoning Specialist Ron Warren discussed three conditions of approval and stated
there were four conditions with the original proposal. He stated all conditions were met;
however condition number three is a consolidation of two conditions that were included on the
Preliminary Plat application.
Councilmember Lasman moved and Councilmember Carmody seconded to approve Planning
Commission Application No. 2006-006 Submitted by Nearco IV, LLC. Rec�uest for Preliminary
Plat approval to combine two tracts of land at the southwest corner of 56 Avenue North and
Xe�es Avenue North (5545 Xer�ces Avenue North) into a single lot subject to the following
conditions recommended by the Planning Commission:
1. The Final Plat is subject to review and approval by the City Engineer.
06/12/06 4 DRAFT
2. The Final Plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. The financial guarantee being held for Planning Commission Application No. 93009
submitted by Wendy's International shall not be released until the Final Plat has been
approved by the City Council and filed with Hennepin County and all landscaping and
parking lot improvements comprehended under the expanded parking lot plan have been
completed and are in compliance with the maintenance provisions of the executed
performance agreement.
Motion passed unanimously.
9. COUNCIL CONSIDERATION ITEMS
9a. RESOLUTION NO. 2006-72 ADOPTING COMPREHENSIVE ANNUAL
FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE
CALENDAR YEAR ENDED DECEMBER 31, 2005
David Mol, Partner, HLB Tautges Redpath Ltd, presented a PowerPoint presentation on the
Comprehensive Annual Financial Report, a follow up to the Joint Meeting with the Financial
Commission on June 5, 2006.
The City Council and Mr. Mol discussed the report including the Internal Control Letter, TIF
Districts, Utility Billing Adjustxnents, and Bond Reporting.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-72 Adopting Comprehensive Annual Financial Report of the City of
Brooklyn Center for the Calendar Year Ended December 31, 2005.
Motion passed unanimously.
9b. RESOLUTION NO. 2006-73 AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH ALPHA VIDEO FOR CABLE MESSAGING
SERVICES
Mr. McCauley explained that the City Council expressed an interest that the Cable Message
Service be updated regarding display of City events. He stated the upgrade has been explored
and a proposal has been prepared. He discussed the computer based pro,gram that will allow start
and end dates to be entered so that the system will automatically cease displaying of expired
events. He discussed the feature that allows for emergency information to override other
programming. He stated the simplified program also reflects a cost savings.
Councilmember Niesen stated support for the overdue upgrade.
Councilmember O'Connor stated opposition to a messaging system.
Councilmember Niesen moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-73 Authorizing the City Manager to Enter Into an Agreement with
Alpha Video for Cable Messaging Services.
06/12/06 5 DRAFT
Councilmember O'Connor voted against the same. Motion passed.
9c. RESOLUTION NO. 2006-74 APPROVING PLANS AND AUTHORIZING
SOLICITATION FOR BIDS FOR IMPROVEMENT PROJECT NO. 2006-11,
CONTRACT 2006-E, CENTRAL/SALT STORAGE FACILITY
Mr. McCauley stated the resolution authorizes the construction of a new salt storage facility. He
stated it allows the storage and protection of multiple ice and snow removal materials along with
utilizing the existing facility as a storage facility for equipment.
Councilmember O'Connor asked why the materials needed a larger facility. Mr. McCauley
responded the materials must be segregated.
Councilmember O'Connor stated objection to spending a large amount of money on a salt
storage facility and suggested storing the park equipment in the Public Works Garage.
Public Works Director/City Engineer Todd Blomstrom explained that there is a limited amount
of storage space in the existing facility and the proposed storage facility will use the outdoor area
used for storage, therefore a concrete pad is proposed at the Camden facility.
Councilmember Carmody explained that the City has saved money by not replacing other
facilities and this option will reflect a cost savings in the long run.
Councilmember Lasman stated support for the proposal and stated the materials need to be
separated in order to reduce the use of chloride.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-74 Approving Plans and Authorizing Solicitation for Bids for
Improvement Project No. 2006-11, Contract 2006-E, CentraUSalt Storage Facility.
Councilmember Niesen stated the cost of the proposal seems high, however less use of salt will
benefit the City.
Mr. Blomstrom stated the City is not converting to one type of salt at once. He explained that
there are new products containing less chloride, being partially used. He discussed the need for a
variety of products for different weather conditions. He stated the existing building is shaped like
a tunnel, only wide enough for a front loader, not allowing multiple materials. He stated the
proposed building has three bays and three doors. He stated storage buildings are expensive,
however this is a result of a cost savings measure started 10 years ago by removing park
buildings, saving on building and maintenance costs. He discussed the firm selection based on
experience and cost. He stated the proposed building will last at least 50 to 60 years with proper
maintenance.
Councilmember O'Connor voted against the same. Motion passed.
9d. RESOLUTION NO. 2006-75 AUTHORIZING THE 2006 CENTRAL GARAGE
BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF A REEL-
TYPE MOWER, EQUIPMENT NO. 205
06/12/06 6 DRAFT
Mr. McCauley explained the unreliability of the existing Reel-Type Mower, therefore requesting
the early replacement.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-75 Authorizing the 2006 Central Garage Budget to Provide for the
Early Order/Purchase of A Reel-Type Mower, Equipment No. 205.
Motion passed unanimously.
9e. RESOLUTION NO. 2006-76 APPROVING FINAL PLAT FOR WENDYS
BROOKLYN CENTER
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-76 Approving Final Plat for WENDYS BROOKLYN CENTER.
Motion passed unanimously.
9f. RESOLUTION NO. 2006-77 AUTHORIZING EXECUTION OF AGREEMENT
FOR EXECUTIVE RECRUITMENT SERVICES
Mr. McCauley explained that each firm will make a 10 minute presentation and receive
questions from the City Council.
Mercer Groun
Jim Mercer presented information on Mercer Group, detailing their qualifications and
experience.
Mayor Kragness inquired of the initial pool of candidates. Mr. Mercer responded that the process
would retrieve approximately 100 candidates. He stated there would be a nationwide search;
however someone from the Midwest or Minnesota would most likely fit the position better.
Councilmember Carmody inquired of the determination of priority of qualifications when
considering all candidates. Mr. Mercer responded the City Council would drive the priority of
qualifications, however if different priorities were discovered amongst the Councilmembers, he
would meet with the City Council to review all priorities.
Councilmember Cannody asked him to describe a time where Councilmembers' priorities were
different. Mr. Mercer responded by stating he will spend time with the Council to determine
priorities. He stated he would return with credentials of 12 to 15 candidates, indicating their
qualifications.
Councilmember Niesen stated concern that the City Council did not discuss how the firm would
be selected. She agreed that national recruiting is the best option however stated concern with
conflicts of interest and requested cost information for each of the bidding firms. Mr. McCauley
responded that the fees are indicated in each proposal in a manor in which they are not to exceed
a certain amount.
06/12/06 7 DRAFT
Mr. Mercer stated their fee is a flat fee of $16,500 which is what they charge everyone for this
service. He stated the expenses are a not to exceed figure, with the only thing not included being
the cost of travel for the interviewing candidates. He stated there are 10 guarantees included in
the proposal and discussed the most important four guarantees. He stated he foresees no conflict
of interest with the City of Brooklyn Center.
Councilmember Lasman asked if they restrict their search to candidates with experience at cities
of similar size. Mr. Mercer stated they try to find people who are in communities at least the size
of Brooklyn Center. He stated they might also look at people who wish to further their career,
such as Assistant City Managers in larger communities.
The PAR Groun
Karl F. Nollenberger, Vice President, presented information on The PAR Group, detailing the
company and his qualifications and experience.
Mayor Kragness stated she is impressed by the time table. Mr. Nollenberger stated it would take
at least two days to complete staff interviews and he could start as early as next week.
Councilmember Niesen asked if The PAR Group has any conflicts of interest with the City of
Brooklyn Center. Mr. Nollenberger stated there were none. She inquired of costs. He stated the
contract amount of $14,400 is a set amount with a maximum expense amount, excluding
traveling expenses of candidates.
Mr. Nollenberger discussed guarantees included in the proposal.
Councilmember Niesen asked if The PAR Group is behind in any of its current contracts. He
stated they are not behind on any contracts and that the 90 day timetable will be met.
Councilmember Lasman asked if the search is geographically restricted. Mr. Nollenberger stated
a national search would be performed.
Snrin�sted Incomorated
Springsted representatives Bob Thistle, Executive Vice President, and Sharon Klumpp, Vice
President, presented information on Springsted, detailing the company's qualifications and
experience.
Mayor Kragness asked where the recruitment concentration would be. Ms. Klumpp responded
the position would be advertised nationally and locally.
Councilmember Carmody asked if they plan on discussing desired qualifications with City Staff.
Ms. Klumpp stated it is important to talk with the staff, however the City Council decides the
position's profile.
Councilmember Carmody asked how they would deal with the City Council difficulties in
coming to a consensus. Ms. Klumpp stated they would only bring qualified candidates to be
reviewed and the City Council would determine the best fit.
06/12/06 8 DRAFT
Mayor Kragness inquired about the timetable for completion. Ms. Klumpp stated an offer would
be extended and accepted later in September.
Councilmember Niesen inquired about conflicts of interest, particularly other positions filled by
Springsted and other jobs completed for the City of Brooklyn Center. Ms. Klumpp stated they
have no other contracts that would conflict with this one.
Mr. Thistle explained that Springsted is set up in separate divisions and those different groups
have handled different items for the City. He stated he is the only person who works across all
three levels as the Advisory to the City. He stated Ms. Klumpp would be working with the
executive search and he would assist her.
Councilmember Niesen further questioned conflicts of interest by indicating other positions in
the City in which Springsted had involvement. Mr. Thistle stated Ms. Klumpp was not
employed with Springsted at the time those positions were filled and he stated Springsted had
little to do with those positions. Ms. Klumpp discussed the point of independence and stated the
City Council has the authority to make the decision; Springsted is only a tool to bring candidates
forward. Councilmember Niesen asked Ms. Klum to discuss a situation where they are behind
PP
on a current contract. Ms. Klumpp explained timelines of other City contracts.
Councilmember Cannody stated Councilmember Niesen attacked Springsted and there was a big
difference in how she treated them in comparison to the other firms. Councilmember Niesen
stated her highest concern is that Springsted is the Fiscal Agent to the City and have had
involvement with many of the direct reports to the City Manager.
Councilmember Lasman asked how Springsted would handle differences in information from
City Staff and the City Council and if they would report those discrepancies to the City CounciL
She asked if candidates from similar sized cities would be sought. Ms. Klumpp stated if different
opinions or desires arise, she would bring them forward to be identified. Ms. Klumpp stated they
look for similar size communities and some who wish to further their career in order to maximize
the pool of candidates.
RECESS
Councilmember Lasman moved and Councilmember Carmody seconded a motion to adjourn for
a short break at 10:08 p.m.
RECONVENE
The City Council meeting was reconvened at 10:18 p.m.
Councilmember Lasman stated all three firms have strong qualifications, guarantees, processes,
and their timelines are similar. She stated The PAR Group has the low bid, The Mercer Group
has more experience, and Springsted is more connected in the Midwest and knows Brooklyn
Center well. She stated preference with the selection of The PAR Group.
Councilmember Carmody stated preference with selection of The PAR Group and Springsted;
however, due to possible mistreatment of Springsted; she would favor the selection of The PAR
Group.
06/12/06 9 DRAFT
Councilmember Niesen stated concern with the rushing of the process and that the
recommendations came from the City Manager. She stated concern that she would not be able to
do reference checks and prefers selecting the firm two weeks from tonight. She asked why
Brimeyer was excluded. Mr. McCauley stated Brimeyer was not responsive to requests made
during the recruitment process.
Mayor Kragness stated the task of Mr. McCauley was to pick three firms to be interviewed by
the City Council, which he did. She stated she liked Springsted because of the local aspect and
because they know the problems the City has had in the past. She stated concern that if
Springsted would be selected, they would be undergoing a 3 ra degree every time they met with
the City Council. She stated her next choice is The PAR Group.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006-77 Authorizing Execution of Agreement for Executive Recruitment
Services of The PAR Group.
Councilmember Niesen stated she would support the hiring of The PAR Group, however would
prefer more time to decide.
Motion passed unanimously.
10. ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 10:30 p.m.
Motion passed unanimously.
City Clerk Mayor
06/12/06 10 DR.AFT
i
i
City Cauncil Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: June 21, 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 June 26, 2006, are as follows:
AMUSEMENT DEVICE
Torrence Enterprises Inc 2067 West San Bruno, Fresno, CA
Brookdale Mall 1108 Brookdale Mall
American Amusement Arcades 2100 West 96th Street, Bloomington
Scoreboard Pizza Inc. 6816 Humboldt Ave North
GARBAGE HAULER
Ace Solid Waste 6601 McKinley Street NW, Ramsey
T& L Sanitation Service, Inc. P. O. Box 49695, Blaine
Walters Recycling Refuse P. O. Box 67, Circle Pines
MECHANICAL
Air Conditioning Associates 689 Pierce Butler Route, St. Paul
Air Masters, Inc. 5885 149th Street West, #101, Apple Valley
SIGNHANGER
Contact Signs, Inc. 1803 Victoria Street, Roseville
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
City Council Agenda Item No. 7c
i
Date: June 22, 2006
To: Mayor and City Council
From: C ey Acting City Manager
RE: Scheduling Date and Time for Joint Meeting of the City Council/EDA and
Opportunity Site Task Force to Review Proposals Received for the 57 and
Logan Avenues Redevelopment Site
RECOMMENDATION
It is recommended that a joint meeting between the City Council with the
Opportunity Site Task Force be set for July 12 at 7:00 p.m. at City Hall to
review proposals submitted for the redevelopment of the 57 and Logan Avenue
redevelopment site. Members of the Taskforce were contacted regarding the alternate
dates of July S and July 12 It was determined that July 12 would be the more
convenient date.
BACKGROUND
On February 27�', the City Council accepted the report and recommendations of the
Opportunity Site Task Force including recommendations regarding the redevelopment of
the 57 and Logan Site. On this same date the EDA directed the staff to solicit
development proposals for the 57` and Logan site.
A request for proposals was prepared and a public solicitation was made to potential
property developers. The deadline for submissions was Thursday June 1, 2006. The City
received development proposals from RER Acquisitions LLC and Steiner Development,
Inc. Staff is in the process of evaluating each of these proposals against the criteria
established. The preliminary assessment is that each of these proposals is responsive to
the RFP requirements.
At the proposed joint meeting, staff will provide the Council and the Task Force with its
analysis of the responsiveness of each proposal to the RFP. Each respondent will be
given an opportunity to explain their proposal and answer question from the Joint
meeting members.
Following the reviews further direction from the Council is required.
City Council Agenda Item No. 7d
i
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Ronald A. Warren, Planning and Zoning Sp -ialist .�j�
SUBJECT: Site Performance Guarantee Release
DATE: June 21, 2006
The following site performance guarantee being held by the City for complerion of various site
improvements should be recommended to the City Council for release:
Starbuck's Coffee (5512 Brooklyn Boulevard)
Planning Commission Application No. 2005-007
Amount of Guarantee $25,000 (Performance Bond)
Obligor Arnold Madson, Inc.
All site improvements and conditions for which a site performance guarantee was posted have
been completed with respect to this 2005 project. An as built survey has been submitted to the
Engineering Department and other engineering related items have been completed. Landscaping
for this redevelopment was installed last year, is in compliance with the approved landscape plan
and has proved to be viable through the winter months.
It is recommended that the City Council authorize release of the entire $25,000 performance
bond based on the completion of the project.
City Council Agenda Item No. 8a
MEMO
To: Curt Boganey, Interim City Manager
'alist
From: Ronald A. Warren, Planning and Zomng Spec�
Subject: City Council Consideration Item Planning Commission Application No. 2006-
007
Date: June 21, 2006
On the June 26, 2006 City Council Agenda is Planning Commission Application No. 2006-007
submitted by Joseph J. Isaacs requesting approval to resubdivide the property at 5420 Girard
Avenue North to reestablish two platted lots that have been combined for tax purposes.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2006-007 and also an area map showing the location of the
property under consideration, Planning Commission minutes relating to the Commission's
consideration of this matter and other supporting documents.
This matter was considered by the Planning Coxnxnission at their June 15, 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 5-23-06
City Council Action Should Be
Taken By 7-22-06 (60 Days)
Planning Commission Information Sheet
Application No. 2006-007
Applicant: Joseph J. Isaacs
Location: 5420 Girard Avenue North
Request: Resubdivision Approval
The applicant, Joseph H. Issacs, on behalf of Sapid Impressions, LLC, is seeking approval to
uncombine, or resubdivide, the property at 5420 Girard Avenue North to reestablish two platted
lots that were combined for tax purposes a number of years ago. This action would allow the two
lots to be used and sold separately.
The property in question is zoned R-2 which allows one and two family residences as permitted
uses in this zoning district. It is located on the east side of Girard Avenue, three lots south of 55`
Avenue North. It is surrounded on the north and south by single family homes; on the east by an
alley serving this residential area with single family homes on the opposite side of the alley; and
on the west by Girard Avenue with single family homes on the opposite side of the street.
The combined lot is currently 80 ft. wide by approximately 128.25 ft. deep (10,260 sq. ft.). The
legal description is Lots 26 and 27, Block 1, Fairhaven Park and was combined for tax purposes
as mentioned above by the owners of the property a number of years ago. Lot 27 (the northerly
lot) is 40 ft. wide by approximately 128.25 ft. deep and contains a single family house and
garage. Lot 26 (the southerly lot) is also 40 ft. wide by approximately 128.25 ft. deep and is void
of structures.
The applicant has submitted a certificate of survey showing the lots and structures on the two
underlying lots. He plans to file the certificate of survey with Hennepin County to reestablish the
old underlying lots again to ultimately sell and use the lots separately.
The process of combining parcels for tax purposes is an administrative procedure that allows lots
to be combined without the benefit of replatting. Once done, the City considers the lots to be a
single lot for building purposes and setback purposes and construction can take place on the
combined lot accordingly. The lots, once combined for tax purposes, cannot be sold or conveyed
separately without being uncombined or resubdivided, which requires City approval. Because
the lots are considered a single lot, the City requires the person requesting the reestablishment of
the lots to provide a survey to show that the reestablished lots have no property line
encroachments or setback deficiencies before the City will allow the lots to be uncombined.
A review of the certificate of survey in this case shows that the northerly lot (Lot 27) has a wood
deck along the south side of the house that is between 1 ft. and .8 ft. from the south properly line.
Accessory structures such as the wood deck must be set back from an interior property line by a
6-15-06
Page 1
minimum of 3 ft. If the underlying lots are to be reestablished, the deck must be altered in order
to provide a minimum of a 3 ft. setback from the interior property line. The survey also indicates
a concrete surface that extends over the property line proposed to be reestablished. Such an
encroachment is not necessarily a zoning violation or setback violation and can continue to exist.
We would, however, recommend that a cross access easement be developed and filed with the
titles to the two properties at the time the lots are reestablished providing cross access between
the two lots. Discussion with the applicant has indicated that it is his intention to have a shared
driveway surface between the existing garage on Lot 27 and a proposed new garage on Lot 26,
both served by the existing alley. This would require such a cross access easement.
It should be noted that the minimum lot requirements for a single family interior lot in an R-2
zone are 60 ft. in width and 7,600 sq. ft. in area. The 40 ft. wide lots of approximately 5,130 sq.
ft. in area do not meet the minimum requirements called for in the R-2 zone for a single family
residential use. The Commission's attention is directed to 35-500 of the City's Zoning
Ordinance (copy attached) relating to substandard lots and parcels. This section of the ordinance
states that a lot or parcel which was of legal record within the R-1 or R-2 zoning district on
January 1, 1976 and which does not meet the requirements of this ordinance as to width or area
may, nevertheless, be utilized for single family detached dwelling purposes, provided the width is
not less than 40 ft. at the property line; the lot area is not less than 5,000 sq. ft.; and provided that
yard setback requirements for single family detached dwellings are met. This provision would
allow the two 40 ft. wide 5,000 plus sq. ft. lots to be utilized for single family dwelling purposes.
Lots 26 and 27, Fairhaven Park, are legal lots of record created before January 1, 1976 and are,
therefore, subject�to Section 35-500 and may be developed for single family detached dwelling
purposes if reestablished.
Previous resubdivisions of lots similar to this have been approved by the City Council provided
there are not encroachments or setback deficiencies.
It would appear that the resubdivision proposed by the applicant is in order and can go forward.
We have followed the procedures called for in a replatting of property and have posted a notice
of hearing on a resubdivision in the Brooklyn Center Sun/Post. It is recommended that the
Planning Commission hold a public hearing at Thursday evening's meeting.
The reestablishment of the underlying lots will mean that the nartl�erly lot will retain the address
of 5420 Girard Avenue North while the southerly lot will be addressed 5418 Girard Avenue
North.
RECOMMENDATION
Approval of this application is recommended subject to at least the following conditions:
1. The legal descriptions and survey showing the reestablishment of the underlying lots
shall be filed with Hennepin County.
Page 2
2. The City Assessor is authorized to process the resubdivision in conjunction with
Hennepin County.
3. The resubdivision approval does not comprehend approval of any other action
pertaining to the use of the property.
4. No variances from City Ordinance requirements axe implied. Any future structures on
Lot 26 are required to meet setback requirements.
5. The applicant shall be responsible for modifying the wood deck attached to the single
family home on Lot 27 so that a minimum 3 ft. setback from the interior property line
is established. Said modification shall be accomplished prior to the filing of the
certificate of survey to reestablish the underlying properties.
6. The applicant shall execute and file a cross access easement over Lots 26 and 27 for
driveway purposes prior to finalization of this resubdivision. Said cross access
easement shall be reviewed and approved by the City Attorney.
Page 3
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McGibbon Land Surveying
22�4ToWer�t. Certificate of S,urvey
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Woodbury Nrrt ss 12s Proposed Lot Div,ision
(651 442-9823
FOR: Joseph Isaacs 1
Attomey in Fact
Sapid Impressions LLC
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6� I House I N 88�58'03" E I Garage I j I 6 NOTE
J 25 There was no Title work provided to
determine if there are any easements
or encumbrances on this property.
SURVEY OF: PROPOSED DESCRIPTIONS:
I hereb�� certify that this sun�ey. plan or report was
Lots 26 27, Block l, Lot 26, Block l, Fairhaven Park, Lot 27, Block l, Fairhaven Park prepared by me under my direct super�ision and
a am a duh Licensed Land Sun�e>>or under the
Fairhaven Park, according to according to the Plat on file in according to the Plat on file in ws o Sta M' ta.
the Plat on file in the Office the Office of the Counry Recorder, the Office of the County Recorder,
of the County Recorder, Hennepin County, Minnesota Hcnncpin County, M�nnesota
Hennepin County, Minnesota Daniel R. McGibbon P.L.S.
Minnesota License No. 18883
Official D� g is signed in Btue ink This Day of /�'1�� Z� I
Section 35-500. SUBSTANDARD LOTS AND PARCELS. A lot or parcel which was of
legal record within the Rl or R2 zoning district on January 1, 1976, and which does not meet the
requirements of this ordinance as to width or area may, nevertheless, be utilized for single family
detached dwelling purposes, provided the width is not less than 40 feet at the properiy line; the lot
area is not less than 5,000 square feet; and provided that yard setback requirements For single family
detached dwellings are met.
Section 35-510. DRAINAGE WAYS. No obstruction, diversion, bridging or confining of
the existinb chai�nel of any natural waterway, or any drainage swale approved as a part of the
drainage system of a plat in the municipality through which surface water in time of storms naturally
flows upon or across the land, shall be permitted without special permit. Before granting a special
permit, the zoning ofticial shall first find that the diversion, bridging, etc. will carry the amount of
water usually likely to flow. The right is reserved to the municipality as an incident to the
development of the municipality, including the construction of streets and gutters, ditches, etc., to
cause considerable increases or decreases in the amount of water which would in a state of nahire
flow into and through such natural water channel or drainage swale.
Section 35-520. FRONTAGE ON A PUBLIC RIGHT-OF-WAY. Every parcel proposed for
some use permitted by the terms of this ordinance shall abut a public right-of-way, provided that
where unusual circumstances prevail, the City Council may waive this requirement in favor of a
reasonable alternative.
If a parcel does not abut a public right-of-way, the applicant may cause an appropriate right-
of-way to be dedicated to the municipality provided that any such dedication must conforrn to the
official street layout plan, or in the event the official plan does not comprehend such an appropriate
right-of-way, the dedication shall conform to a street layout plan meeting the requirements of
Section 15-106 of these ordinances, approved by tlie Director of Public Works and adopted by the
City Council.
Section 35-530. BUILDINGS IN R1 AND R2 DISTRICTS. In R1 and R2 districts every
building hereafter erected or structurally altered shall be located on a lot, and in no case shall there
be more than one principal building on one lot. The term "principal building" shall be given its
common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall
rest with the zoning official.
1. No accessory building, unless an integral part of the principal building, shall be
erected, altered, or moved, within six feet of the principal building, as measured from
exterior wall to exterior wall. No accessory building shall be erected, altered, or
moved within six feet of another accessory building, as measured from exterior wall
to exterior wall.
2. Accesso buildin s ma not be erected within the side yard adjacent to the street of
rY g Y
a comer lot.
3. No accessory building shall exceed 15 feet in height.
City of B�rooklyn Center 35-72 Decenzber 3, Z005
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGLJLAR SESSION
JI1NE 15, 2006
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:02 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Michael Parks, and 5ean Rahn were
present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren, and Planning Commission Recording Secretazy Rebecca Crass.
Commissioners Ford, Lund and Roche were absent and excused.
APPROVAL OF MINUTES MAY 25, 2006
There was a motion by Commissioner Rahh, seconded by Comnussioner Parks,
to approve the minutes of the May 25, 2006 meeting as submitted. The motion passed.
Commissioner Boeck and Paxk abstained as they were not at the meeting.
CHAIR' S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions 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.
APPLICATION NO. 2006-007 JOSEPH J. ISAACS
Chair Willson introduced Application No. 2006-007, a request from Joseph J. Isaacs to
resubdivide the property at 5420 Girard Avenue North to reestablish two platted lots that have
been combined for tax purposes. This would allow the two lots to be used and sold separately.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 6-15-06 for Application No. 2006-007,
attached.) He explained that the process of combining parcels for tax purposes is an
administrative procedure that allows lots to be combined without the benefit of replatting. Once
it is done, the lots cannot be sold or conveyed separately without being uncombined or
resubdivided.
Commissioner Boeck noted that street improvements had been done in the area as recent as three
years ago and asked if utilities had been stubbed in at that time. Mr. Warren stated that the
applicant has just acquired the lot and would be checking into that. He noted that he thought the
utilities had been brought to the property line for this potential lot, however, he was not certain.
6-15-06
Page 1
I
Commissioner Rah inquired as to the history of the parcel regarding when and how it had been
combined into one lot. Mr. Warren explained the history of allowing buildings on 40 ft. lots
provided they meet the current setback requirements and how this lot would be looked at as a
legal lot of record once it is reestablished and uncombined. He pointed out that the Fairlane Park
subdivision goes bacak to the 1920's when the origina140 ft. lots were created.
Commissioner Parks asked if there would still be a need for a cross access agreement along the
alley once the parcel is uncombined. Mr. Warren explained that with the tight fit on the lot, in
his opinion, the agreement would still be necessary in order to allow room for parking and
placement of a garage while still meeting setback requirements. Access to the existing garage
and a proposed garage would require the need for such an easement agreement.
PUBLIC HEARING APPLICATION NO. 2006-007
There was a motion by Commissioner Boeck, seconded by Commissioner Parks, to open the
public hearing on Application No. 2006-007, at 7:28 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
The applicant, Mr. Joseph Isaacs, 2364 Carlsbald Plaza, Woodbury, introduced himself and
stated the Mr. Warren accurately described their intention with the property. Commissioner
Boeck asked the applicant if he knew if there were sewer and water connections to the property.
Mr. Isaacs stated that he does not know if they are in place. Mr. Isaacs also commented that he
understood the recommended conditions of approval and was agreeable to comply with them.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2006-007.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Boeck seconded by Commissioner Rahn, to close the
public hearing on Application No. 2006-007, at 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. 2006-007 JOSEPH J.
ISAACS
There was a motion by Commissioner Rahn, seconded by Commissioner Boeck, to recommend
to the City Council that it approve Application No. 2006-007, submitted by Joseph J. Isaacs to
resubdivide the property at 5420 Girard Avenue North to reestablish two platted lots that have
been combined for tax purposes subject to the following conditions:
1. The legal descriptions and survey showing the reestablishment of the underlying lots
shall be filed with Hennepin County.
2. The City Assessor is authorized to process the resubdivision in conjunction with
i Hennepin County.
6-15-06
Page 2
3. The resubdivision approval does not comprehend approval of any other action
pertaining to the use of the property.
4. No variances from City Ordinance requirements are implied. Any future structures
on Lot 26 are required to meet setback requirements.
5. The applicant shall be responsible for modifying the wood deck attached to the single
family home on Lot 27 so that a minimum 3 ft. setback from the interior property line
is established. Said modification shall be accomplished prior to the filing of the
certificate of survey to reestablish the underlying properties.
6. The applicant shall execute and file a cross access easement over Lots 26 and 27 for
driveway purposes prior to finalization of this resubdivision. Said cross access
easement shall be reviewed and approved by the City Attorney.
Voting in favor: Chair Willson, Commissioners, Boeck, Parks, and Rahn. The motion
passed unanimously.
The Council will consider the application at its 3une 26, 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
7:32 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
6-15-06
Page 3
City Council Agenda Item No. 9a
i
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: City Council
FROM: Curt Interim City Manager
DATE: June 22, 2006
SUBJECT: Appointment of Members to the Technical Advisory Committee of the Shingle
Creek and West Mississippi Watershed Management Commissions
Attached is a memorandum from the Shingle Creek and West Mississippi Watershed
Management Commissions requesting that the City Council appoint members to serve on the
respective Technical Advisory Committees (TAC). Todd Blomstrom has served on these
committees for the last several years. The Commission's have recently adopted resolutions
formalizing the creation of the Technical Advisory Committees and requiring fonmal
appointments.
It is staff's recommendation that rather than appoint named individuals, we should establish
positions within the organization so that any incumbent in those positions would automatically
serve as the City representative.
The recommendation is that the Director of Public Works serve as our Technical Advisory
Committee member and the Supervisor of Streets and City Manager would serve as alternates.
Attachment
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 F�9X (763) 569-3434
FAX (763) 569-3494
www. cityofbrooklyncenter.org
✓G
9�
D
°�s' Charles L. LeFevere �6'
470 US Bank Plaza
200 South Sixth Street
r
Minneapolis MN 55402
(612) 337-9215 telephone
(612) 337-9310 fax
clefevere@kennedy-graven.com
httn:/hu�vw_kennedv-eraven.com
�CHARTERED
MEMORANDUM
TO: Managers and Administrators of City Members of the Shingle Creek and West
Mississippi Water Management Commissions
FROM: Charlie LeFevere
DATE: June 9, 2006
RE: Appointment of Members to the Technical Advisory Committee of the Shingle Creek and
West Mississippi Watershed Management Commissions
At their last meetin s, the Shin le Creek and West Mississippi Watershed Management Commissions
g g
adopted amendments to theu bylaws to create Tecluucal Advisory Committees. Th
e creation of these
committees was, in part, a response to a law enacted in 1999 that prohibits appointment of city staff
members as commissioners of joint powers watershed management organizations such as the Shingle
Creek and West Mississippi Watershed Management Commissions. In the past, most commissioners
appointed by the member cities had been city staff inembers, who had proven to be highly effective as
commissioners.
Under the bylaw amendments, each city may appoint a Technical Advisory Committee member and any
number of altemate Technical Advisory Committee members. Copies of the bylaw amendments are
attached. The Technical Advisory Committees will study and advise the Commissions on matters that are
assigned to the Committees by the Commissions.
Under the Bylaw Amendments, Technical Advisory Committee members are also given the right to
attend and participate in all meetings of the Commissions. Although they do not have the authority to
make motions or vote on matters before the Commissions, they are at least guaranteed a"place at the
table". This can help to assure that the concerns of the city are considered by the Commissions and that
the Commissions have the benefit of the expertise of appropriate city staff inembers.
If your city wishes to appoint a Technical Advisory Committee member, and alternates, please report the
action of the council making such appointments to the secretary of the Commissions, Ms. 7udie
der 2 5 Fembrook Lane Pl mou lvlinnesota 55447.
An son, 3 3 y th,
If you have any questions, please feel free to give me a call at 612-337-9215.
Encls: Resolutions cc: Judie Anderson via email w/enclosures
Bylaws Ed Matthiesen via email w/enclosures
SCWM Commissioners and Alternates
via email w/enclosures
J:\Shin�le CreekUPA�IvI_RequestforTACmembers_ DOC
WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION
RESOLUTION NO. 2006-02
CREATION OF TECHNICAL AllVISORY COMMITTEE
WfiEREAS, the Board of Commissioners of the West Mississippi Watershed Management
Commission I�as determined that it is reasonable, expedient and in the best interests of the public to
amend the Bylaws of the Commission as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED By the West Mississippi Watershed
Management Commission that its Bylaws are amended by adding new Article IX as follows:
ARTICLE IX
TECHNICAL ADVISORY COMMITTEE
Sec. 1. There is hereby created a Technical Advisory Committee (TAC) of the
Commission.
Sec. 2. The Council of each member city may appoint a member, and one or rnore
alternate members of the TAC who may act in the absence of the TAC member. Th
e clerk of
each city shall notify the secretary of the Commission of such appointments. TAC members
may be, but need not be, members of the Board. TAC members shall serve at the pleasure of
the Council that appoints them and are not required to meet statutory qualifications for board
members.
Sec. 3. T'he TAC is a committee of the Commission and its meetings shall be
subject to the Minnesota Open Meeting Law, Minn. Stat., Sec. 471.705.
Sec.4. The Board may by resolution delegate to the TAC any duties or
responsibilities that may lawfully be so delegated.
Sec. 5. Notice of all regular and specia] meetings of the Commission shall be given
to all TAC members, and copies of all correspondence, agenda materials and other written
materials provided to members of the Commission shall also be provided to TAC members.
Sec.6. TAC members may attend and participate in all meetings of the
Commission. TAC members shall not have the authority to make motions or vote on matters
before the Commission but shall otherwise have the rights of a Commission member to
question, discuss, debate and comment on any matter before the Commission.
l ir�/\.Q i 1 �i� /1„� �D �J
i
Cha r
ATTEST:
�AJ b�'�" aLC-CA
�.1�
Recording Secretary
RESOLUTION 2006-02 2006-02 Tech_Advisory_Comm_.DOC
BYLAWS
WEST MISSISSIPPI WATERSHED
MANAGEMENT COMMISSION
ARTICLE I
NAME AND MEMBERSHIP
Section 1. The name of this Commission shall be the "West Mississippi Watershed
Management Commission." The members of this Commission are the following municipalities:
City of Brooklyn Center
City of Broolclyn Park
City of Champlin
City of Maple Grove
City of Osseo
ARTICLE II
DEFINITION OF TERMS
Section 1. For the purposes of these bylaws, the terms defined in this section shall
have the meanings given them.
Sec.2. "Commission" means the organization created by the Joint and
Cooperative Agreement for West Mississippi, the fizll name of which is "West Mississippi
Watershed Management Commission." It shall be a public agency of its members.
Sec.3. "Board" means the Board of Commissioners of the Commission,
consisting of one Commissioner from each of the governmental units which is a party to this
Agreement and which shall be the governing body of the Commission.
Sec. 4. "Council" means the governing body or a governmental unit which is a
member of this Cornmission.
Sec. 5. "Governmenta.l Unit" means any city, county or town.
Sec. 6. "Member" means a governmental unit which entered into the Agreement.
160795v3 CLL WE405-1 1
Sec. 7. "Agreement" means the "Joint and Cooperative Agreement" adopted by
the five-member councils creating and establishing the "West Mississippi Watershed
Management Commission."
Sec. 8. "Officers" means those persons designated as officers in Article IV,
Section 1 of these bylaws.
ARTICLE III
COMMIS5ION MEMBERS
Section 1. The Commission sha11 have five Commissioners, one from each of the
parties to the agreement.
Sec. 2. The term of office of each member shall be three years and until his or her
successor is selected and qualified except as provided in Article III, Section 3 of this Agreement.
Terms of office shall terminate on February 1 in accordance with the aforestated article.
Sec. 3. If any Commissioner dies, resigns or is removed in accordance with the
provisions of Article III, Subdivision 4 of this "Agreement", hislher office sha11 be deemed
vacant, and a successor shall be appointed for his/her unexpired term by the council which
appointed himlher.
Sec. 4. Alternate Commissioners may be appointed to represent a member. The
Alternate must be appointed by the council and may serve in lieu of the member's Commissioner
if the Commissianer is not present at the meeting. If duly appointed, he or she may participate in
all discussions and may vote on all proposals before the "Board" if the Commissioner is not
present. Altemate Commissioners shall serve three year terms as prescribed in Article III,
Subdivision 3 of the "Agreement".
160795v3 CLL WE405-1 2
ARTICLE N
OFFICERS AND EMPLOYEES
Section l. The officers of the Commission shall be the Chair, Vice Chair, Secretary
and Treasurer. The offices of the Secretary and Treasurer may be combined and held by the
same person. A Recording Secretary and a Deputy Treasurer may be appointed by the
Commission. The Recording Secretary or the Deputy Treasurer need not be a member.
Sec. 2. The term of office for a11 officers shall be one year, and they shall be
selected at the first business meeting held after February 1.
Sec. 3. The Chair shall be the presiding officer of the Commission. He or she
shall preside at all meetings of the Commission, but shall have all of the same privileges of
discussion, making motions and voting as do other members.
Sec. 4. The Vice Chair shall, in the absence or disability of the Chair, perform the
duties and exercise the powers of the Chair.
Sec. 5. The Treasurer shall have the custody of the funds and securities of the
Comtnission and shall keep full and accurate accounts of receipts and disbursements i.n books
belonging to the Commission and shall deposit all monies and other valuable effects in the name
and to the c
redit of the Corrunission in such de osito as ma be desi ated b the Commission.
P rY Y Y
He/she sha11 disburse the funds of the Commission as ordered by the Cominission on orders
signed by the Chair, Vice Chair, Secretary or Treasurer, taking the proper vouchers for such
disbursements, and sha11 render to the Commission at regular meetings, or as they may request,
an account of all his/her transactions a.s Treasurer and of the fmancial condition of the
Commission. He/she sha11 supervise and direct the work of the Deputy Treasurer. No
commission funds sha11 be disbursed without the signaiure of at least two O�cers of the
Commission, one of whom shall be the Treasurer or his/her authorized Deputy Treasurer.
160795v3 CLL WE405-I 3
Sec. 6. The Secretary shall attend all meetings of the Commission and shall act as
Clerk of such meetin s and sha11 record all votes and zhe minutes of all roceedin s in a minute
g P g
book kept for that purpose. He or she sha11 give notice of all meetings of the Commission and
sha11 perform such other duties as may be prescribed by the ComTnission. He or she may assign
the aforesta.ted duties to a Recording Secretary if authorized to do so by the Commission.
Sec. 7. The Deputy Treasurer, if one be appointed, sha11 assist the Treasurer and
shall perform his or her administrative duties during the absence or disability of the Treasurer,
but the performa.nce of such duties shall not make him or her a member.
Sec. 8. The officers and employees of the Commission shall give bond as required
by the Commission, and by the Agreement, with corporate sureties satisfactory to the
Commission for the faithful performance of their duties and for restoration to the Commission, in
case of death, resignation, retirement or remova.l from office, of all books, papers, vouchers,
money and property of whatever kind coming into their possession or under their control,
belonging to the Commission. The premium on any such bond shall be paid out of Commission
funds.
Sec. 9. Any person engaged to perform any service or hold any office for the
Commission, other than Chair, Vice Chair, Secretary and Treasurer, may be engaged on a full-
time, part-tune or consulting basis, as determined by the Commission.
ARTICLE V
MEETINGS
Section 1. Regular monthly meetings of the Commission sha11 be held at such
locations and at such times as are specified from time to time by resolution of the Board. The
Secretary shall cause copies of all such resolutions to be provided promptly to each of the
Members and filed in the primary offices of the Commission at 3235 Fernbrook Lane, Plymouth,
160795v3 CLL WE405-1 4
I
Minnesota 55447. In the event the Commission deternunes to hold a regular meeting at a
location or time other than specified in such resolution, such meeting shall be deemed a special
meeting for purposes of giving notice; and notice of such meeting shall be given to all members
in accordance with Article V, Subd. 7 of the Agreement, to all Commissioners and Alternate
Commissioners in accord c 'c acc rdance with Minnesota
an e with this Article and to the ubli m o
P
Statutes, section 13D.04, as amended.
Sec. 2. For purposes of posting notice of ineetings as required by Minnesota
Sta.tutes, Section 13D.04, the community bulletin board at 3235 Fernbrook Lane, Plymouth,
Minnesota 55447 shall be deemed the principal bulletin board of the Commission.
Sec. 3. Written notice of all meetings of the Commission sha11 be sent to all
Cominissioners, to duly appointed Alternate Commissioners of a11 parties and to the Chief
Administrative O�cer of each Member City. All public hearings sha11 be in the evening at a
designated City Ha11 within the Watershed.
Sec. 4. Special meetings of the Commission may be called by the Chair or any
other three Comxnissioners jointly. The purpose of any special meeting sha11 be stated in the
notice of the meeting.
Sec. 5. Written notice of regulax meetings shall be mailed at least four days prior
to each meeting and written notice of special meetings sha11 be ma.iled at least two days prior to
each such meeting.
Sec.6. At a.ny meeting of the Commission, three Commissioners or their
Alternate Commissioners shall constitute a quorum.
Sec. 7. If the Secretary is absent from the meeting, and if a Recording Secretary
has not been selected, the Chair shall appoint a Secretary Pro Tem for each meeting.
160795v3 CLL WE405-1 5
Sec. 8. All meetings shall be conducted in accordance with Robert's Rules of
Order Revised, except as otherwise provided in the Agreement or these bylaws.
Sec.9. The Commissioners may from time to time deternune the order of
business for Commission meetings. The usual order of business at such meetings shall be as
follows:
A. Call to Order.
B. Roll Call.
C. Minutes of Previous Meeting.
D. Report of Officers.
E. Bills.
F. Consideration of Communications.
G. Old Business.
H. New Business.
I. Adj ournnlent.
ARTICLE VI.
POWERS AND DUTIES OF COMMISSION
Section l. The Commission is created and established by the "Agreement." Its
powers and duties shall be those established in said "Agreement
Sec.2. The Board may exercise a11 powers necessary and incidental to the
implementation of purposes a.ud powers set forth in the "Agreement."
Sec. 3. The Board may establish work committees, which committees sha11 act in
an advisory capacity to the Board. These committees may contain persons who are not members
of the Commission.
160795v3 CLL WE405-1 6
i
ARTICLE VIL
FINANCIAL MATTERS
Section l. Commission funds may be expended in accordance with procedures
established by law for the expenditure of funds for statutory cities. Orders, checks and drafts
sha11 be signed by the Chair, Vice Chair or Secretary a,nd the Treasurer or Deputy Treasurer. All
claims shall be paid after audit by the Commission. A roll call vote shall be taken and the
Commission need not sign or initial individual claims (See MSA 471.705, Subd. 1). At least two
O�cers of the Commission shall sign all orders, checks or drafts in accordance with Article IV.
Sec. 2. The fiscal year of the Commission shall be the calendar year.
Sec. 3. The Commission shall cause an annual audit to be made of all its books,
reports and records by a certified public accountant.
Sec.4. A depository for Commission funds shall be designated by the
Commission at its annual meeting each year. Prior to such designation the Treasurer may
recommend his choice of depository. Comnussion funds shall be deposited in accordance with
the laws applicable to cities.
ARTICLE VIII.
AMENDMENTS TO BYLAWS
Section 1. These bylaws may be amended at any regular or special meeting of the
Commissian, provided that a seven day prior notice of the proposed amendment has been
furnished to each member.
Sec. 2. A majority vote of Commissioners shall be necessary to adopt any
amendment to these bylaws.
Sec. 3. In any instance where these bylaws are in conflict with the "Joint and
Cooperative Agreement," the Agreement shall control.
160795v3 CLL WE405-1 7
ARTICLE IX.
TECHNICAL ADVISORY COMMITTEE
Sec
tion 1. There is hereby created a Techrucal Advisory Committee (TAC) of the
Commission.
Sec. 2. The Council of each member city may appoint a member, and one or more
alternate members of the TAC who may act in the absence of the TAC member. The clerk of
each city sha11 notify the secretary of the Commission of such appointments. TAC members may
be, but need not be, members of the Board. TAC members shall serve at the pleasure of the
Council that appoints them a.nd are not required to meet sta.tutory qualifications for board
members.
Sec. 3. The TAC is a comxnittee of the Commission and its meetings shall be
subject to the Minnesota Open Meeting Law, Minn. Stat., Sec. 471.705.
Sec.4. The Board may by resolution delegate to the TAC any duties or
responsibilities that may lawfully be so delegated.
Sec. 5. Notice of all regular and special meetings of the Commission shall be
given to a11 TAC members, and copies of all correspondence, agenda materials and other written
materials rovided to mem th
p bers of e Commission shall also be provided to TAC members.
Sec.6. TAC members may attend and participate in all meetings of the
Commission. TAC members sha11 not have the authority to make motions or vote on matters
before the Commission but shall otherwise have the rights of a Commission member to question,
discuss, debate and comment on any matter before the Commission.
160795v3 CLL WE405-i g
Adopted this day of 19
Chair
ATTEST:
Secretary
160795v3 CLL WE405-1 9
��r' Charles L. LeFevere ,91
'�v E 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612} 337-9215 telephane
(612) 337-9310 fax
k clefevere@kennedy-graven.com
htm:/h�n�nu.kennedv-araven.com
CHARTERED
MEMORANDUM
TO: Managers and Administrators of City Members of the Shingle Creek and West
Mississippi Water Management Commissions
FROM: Charlie LeFevere
DATE: June 9, 2006
RE: Appointment of Members to the Technical Advisory Committee of the Shingle Creek and
West Mississippi Watershed Management Cotnmissions
At their last rneetings, the Shingle Creek and West Mississippi Watershed Management Commissions
adopted amendments to their byiaws to create Technical Advisory Committees. The creation of these
committees was, in part, a response to a law enacted in 1999 that prohibits appointment of city staff
members as coinmissioners of joint powers watershed management organizations such as the Shingle
Creek and West Mississippi Watershed Management Commissions. In the past, most commissioners
appointed by the member cities had been city staff inembers, who had proven to be highly effective as
commissioners.
Under the bylaw amendments, each city may appoint a Technical Advisory Committee member and any
number of altemate Technical Advisory Committee members. Copies of the bylaw amendments are
attached. The Technical Advisory Committees will study and advise the Cominissions on matters that are
assigned to the Committees by the Commissions.
Under the Bylaw Amendments, Technical Advisory Committee members are also given the right to
attend and participate in all meetings of the Commissions. Although. they do not have the authority to
make motions or vote on matters before the Commissions, they are at least guaranteed a"place at the
table". This can help to assure that the concerns of the city are considered by the Commissions and that
the Commissions have the benefit of the expertise of appropriate city staff inembers.
If your city wishes to appoint a Technical Advisory Committee member, and alternates, please report the
action of the council making such appointments to the secretary of the Commissions, Ms. Judie
Anderson, 3235 Fernbrook Lane, Plymouth, Minnesota 55447.
If you have any questions, please feel free to give me a ca11 at 612-337-9215.
Encls: Resolutions cc: Judie Anderson via email w/enclosures
Bylaws Ed Matthiesen via email w/enclosures
SCWM Commissioners and Alternates
via email w/enclosures
J:�Shingle CreekUPA�IvI_RequestforTACmembers_ DOC
T
SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION
RESOLLTTION NO
2006-02
CREATION OF TECFINICAL ADVISORY CONiMITTEE
WHEREAS, the Board of Commissioners of the Shingle Creek Watershed Management
Commission has determined that it is reasonable, expedient aa�d in the best interests of the public
to amend the Bylaws of the Commission as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED By the Shingle Creek Watershed
Management Commission that its Bylaws are amended by adding new Article IX as follows:
ARTICLE IX
TECHNICAL ADVISORY COMMiTTEE
Sec. 1. There is hereby created a Technical Advisory Committee (TAC) of the
Commission.
Sec. 2. The Council of each member city may appoint a member, and one or
more alternate members of the TAC who may act in the absence of the TAC rnember. The
clerk of each city shall notify the secretary of the Commission of such appointments. TAC
members may be, but need not be, members of the Board. TAC members shall serve at the
pleasure of the Counci] that appoints them and are not required to meet statutory
qualifications for board members.
Sec. 3. The TAC is a committee of the Commission and its meetings shall be
subject to the Minnesota Open Meeting Law, Minn. Stat., Sec. 471.705.
Sec.4. The Board may by resolution delegate to the TAC any duties or
responsibilities that may lawfully be so delegated.
Sec. 5. Notice of all regular and special meetings of the Commission shall be
given to all TAC members, and copies of all correspondence, agenda materials and other
written materials provided to members of the Commission shall also be provided to TAC
members.
ate in all meetin s of the
Sec.6. TAC members may attend and particip g
Commission. TAC members shall not have the authority to make motions or vote on
matters before the Commission but shall otherwise have the rights of a commission member
to question, discuss, debate and comment on any matter before the commission.
���1
Chair
ATTEST:
���C`��
p�s�c.A—
Recording Secretary
RESOLUTION 2006-02 2006-02_Technical_Advisory_Comm_.DOC
BYLAWS
SHINGLE CREEK WATERSHED
MANAGEMENT COMl��SSION
ARTICLE I
NAIVIE AND MEMBERSHIP
Section l. The name of this Commission shall be the "Shingle Creek Watershed
Management Commission." The members of this Commission are the following municipalities:
City of Brooklyn Center
City of Brooklyn Park
City of Crystal
City of Maple Grove
City of Minneapolis
City of New Hope
City of Osseo
City of Plymouth
City of Robbinsdale
ARTICLE II
DEFINITION OF TERMS
Section 1. For the purposes of these bylaws, the tenns defined in this section shall
have the meanings given them.
Sec.2. "Commission" means the organization created by the Joint and
Cooperative Agreement for Shingle Creek, the full name of which is "Shingle Creek Watershed
Management Commission." It shall be a public agency of its members.
Sec.3. "Board" means the Board of Commissioners of the Cominission,
consisting of one Commissioner from each of the govemmental units which is a party to this
Agreement and which shall be the governing body of the Commission.
Sec. 4. "Council" means the governing body or a governmental unit which is a
member of this Commission.
Sec. 5. "Governmental Unit" means any city, county or town.
160673v3 CLL SH220-1 1
Sec. 6. "Member" means a governmental unit which entered into the Agreement.
Sec. 7. "Agreement" means the "Joint and Cooperative Agreement" adopted by
the nine-member councils creating and establishing the "Shingle Creek Watershed Management
Commission."
Sec. 8. "O�cers" means those persons designated as o�cers in Article IV,
Section 1 of these bylaws.
ARTICLE III
COMMISSION MEMBERS
Section 1. The Commission shall have nine Commissioners, one from each of the
parties to the agreement.
Sec. 2. The term of office of each member shall be three years and until his or her
successor is selected and qualified except as provided in Article III, Section 3 of this Agreement.
Terms of offiee shall terminate on February 1 in accordance with the aforesta.ted article.
Sec. 3. If any Commissioner dies, resigns or is removed in accordance with the
provisions of Article III, Subdivision 4 of this "Agreement", his/her office shall be deemed
vacant, and a successor shall be appointed for his/her unexpired term by the council which
appointed lum/her.
Sec. 4. Alternate Cominissioners may be appointed to represent a member. The
Alternate must be appointed by the council and may serve in lieu of the member's Commi.ssioner
if the Commissioner is not present at the meeting. If duly appointed, he or she may participate in
a11 discussions and may vote on a11 proposals before the "Board" if the Commissioner is not
present. Alternate Commissioners shall serve three year terms as prescribed in Article III,
Subdivision 3 of the "Agreement".
160673v3 CLL SH220-1 2
ARTICLE IV
OFFICERS AND EMPLOYEES
Section l. The o�cers of the Commission shall be the Chair, Vice Chair, Secretary
and Treasurer. The offices of the Secretary and Treasurer may be combined and held by the
same person. A Recording Secretary and a Deputy Treasurer may be appointed by the
Comxnission. The Recording Secretary or the Deputy Treasurer need not be a member.
Sec. 2. The term of office for all officers sha11 be one year, and they shall be
selected at the first business meeting held after February 1.
Sec. 3. The Chair shall be the presiding officer of the Commission. He or she
shall preside at a11 meetings of the Commission, but shall have all of the same privileges of
discussion, making motions and voting as do other members.
Sec. 4. The Vice Chair sha11, in the absence or disability of the Chair, perform the
duties and exercise the powers of the Chair.
Sec. 5. The Treasurer shall have the custody of the funds and securities of the
Commission and shall keep full and accurate accounts of receipts and disbursements in books
belonging to the Commission and shall deposit all monies and other valua.ble effects in the name
and to the credit of the Commission in such depository as may be designated by the Commission.
He/she shall disburse the funds of the Commission as ordered by the Commission on orders
signed by the Chair, Vice Chair, Secretary or Treasurer, taking the proper vouchers for such
disbursements, and sha11 render to the Commission at regular meetings, or as they may request,
an account of all his/her transactions as Treasurer and of the fmancial condition of the
Commission. He/she shall supervise and direct the work of the Deputy Treasurer. No
commission funds shall be disbursed without the signature of at least two Officers of the
Commission, one of whom shall be the Treasurer or his/her authorized Deputy Treasurer.
160673v3 CLL SH220-1 3
Sec. 6. The Secretary shall attend all meetings of the Commission and shall act as
Clerk of such meetings and shall record a11 votes and the minutes of all proceedings in a minute
book kept for that purpose. He or she shall give notice of all meetings of the Comtnission and
sha11 perform such other duties as may be prescribed by the Commission. He or she may assign
the aforestated duties to a Recording Secretary if authorized to do so by the Comrnission.
Sec. 7. The Deputy Treasurer, if one be appointed, shall assist the Treasurer and
sha11 perform his or her administrative duties during the absence or disability of the Treasurer,
but the performance of such duties sha11 not make him or her a member.
Sec. 8. The officers and employees of the Commission sha.11 give bond as required
by the Commission, and by the Agreement, with corporate sureties satisfactory to the
Commission for the faithful performance of their duties and for restoration to the Commission, in
case of death, resignation, retirement or removal from office, of all books, papers, vouchers,
money and properiy of whatever kind coming into their possession or under their control,
belonging to the Commission. The premium on any such bond shall be paid out of Commission
funds.
Sec. 9. Any person engaged to perform any service or hold any office for the
Commission, other than Chair, Vice Chau, Secretary and Treasurer, may be engaged on a full-
time, part-time or consulting basis, as deterniined by the Commission.
ARTICLE V
MEETINGS
Section l. Regular monthly meetings of the Commission shall be held at such
locations and at such times as are specified from time to time by resolution of the Board. The
Secretary shall cause copies of all such resolutions to be provided promptly to each of the
Members and filed in the primary o�ces of the Commission at 3235 Fembrook Lane, Plymouth,
160673v3 CLL SH220-1 4
Minnesota 55447. In the event the Commission determines to hold a re lar meeting at a
location or time other than specified in such resolution, such meeting shall be deemed a special
meeting for purposes of giving notice; and notice of such meeting shall be given to all members
i.n accordance with Article V, Subd. 7 of the Agreement, to all Commissioners and Alternate
Coxnmissioners in accordance with this Article, and to the public in accordance with Minnesota
Statutes, section 13D.04, as amended.
Sec. 2. For purposes of posting notice of ineetings as required by Minnesota
Statutes, Section 13D.04, the community bulletin board at 3235 Fernbrook Lane, Plymouth,
Minnesota 55447 shall be deemed the principal bulletin board of the Commission.
Sec. 3. Written notice of a11 meetings of the Commission shall be sent to a11
Commissioners, to duly appointed Alternate Commissioners of all parties and to the Chief
Administrative Officer of each Member City. All public hearings shall be in the evening at a
designated City Hall within the Watershed.
Sec. 4. Special meetings of the Commission may be called by the Chair or any
other three Commissioners jointly. The purpose of any special meeting sha11 be stated in the
notice of the meeting.
Sec. 5. Written notice of regular meetings shall be mailed at least four days prior
to each meeting and written notice of special meetings shall be mailed at least two days prior to
each such meeting.
Sec. 6. At any meeting of the Commission, five Commissioners or their Alternate
Commissioners shall constitute a quorum.
Sec. 7. If the Secretary is absent from the meeting, and if a Recording Secretary
has not been selected, the Chair shall appoint a Secretary Pro Tem for each meeting.
160673v3 CLL SH220-1 5
Sec. 8. All meetings shall be conducted in accordance with Robert's Rules of
Order Revise�l, except as otherwise provided in the Agreement or these bylaws.
Sec.9. The Comtnissioners may from time to time deternune the order of
business for Commission meetings. The usual order of business at such meetings shall be as
follows:
A. Call to Order.
B. Roll Call.
C. Minutes of Previous Meeting.
D. Report of Officers.
E. Bills
F. Consideration of Communications.
G. Old Business.
H. New Business.
I. Adj ournment.
ARTICLE VI.
POWERS AND DUTIES OF COMMISSION
Section l. The Commission is created and established by the "Agreement." Its
powers and duties shall be those established in said "Agreement."
Sec.2. The Board may exercise all powers necessary and incidental to the
implementation of purposes and powers set forth in the "Agreement."
Sec. 3. The Board may establish work cornmittees, which cominittees shall act in
an advisory capacity to the Board. These committees may contain persons who are not members
of the Commission.
160673v3 CLL SH220-1 6
ARTICLE VII.
FINANCIAL MATTERS
Section l. Commission funds may be expended in accordance with procedures
esta.blished by law for the expenditure of funds for statutory cities. Orders, checks and drafts
sha11 be signed by the Cha.ir, Vice Chair or Secretary and the Treasurer or Deputy Treasurer. All
claims sha11 be pa.id after audit by the Commission. A roll call vote shall be taken and the
Commission need not sign or initial individual claims (See MSA 471.705, Subd. 1). At least two
Officers of the Comxnission shall sign a.il orders, checks or drafts in accordance with Article N.
Sec. 2. The fiscal year of the Commission shall be the calendar year.
Sec. 3. The Commission shall cause an annual audit to be made of all its books,
reports and records by a certified public accountant.
Sec.4. A depository for Commission funds shall be designated by the
Commission at its annual meeting each year. Prior to such designation the Treasurer may
recommend his chaice of depository. Commission funds shall be deposited in accordance with
the laws applicable to cities.
ARTICLE VIII.
AMENDMENTS TO BYLAWS
Section 1. These bylaws may be amended at any regular or special meeting of the
Commission, provided that a seven day prior notice of the proposed amendment has been
fi�rni to each member.
Sec. 2. A majority vote of Commissioners shall be necessary to adopt any
amendment to these bylaws.
Sec. 3. In any instance where these bylaws are in conflict with the "Joint and
Cooperative Agreement," the Agreement sha11 control.
160673v3 CLL SH220-1 7
I
ARTICLE IX.
TECHNICAL ADVISORY COMIVIITTEE
Section L There is hereb created a Technical Adviso Committee TAC of the
Y
n'
Commission.
Sec. 2. The Council of each member city may appoint a member, and one or more
altemate members of the TAC who may act in the absence of the TAC member. The clerk of
each city sha11 notify the secretary of the Commission of such appointments. TAC members may
be, but need not be, members of the Boazd. TAC members shall serve at the pleasure of the
Council that appoints them and are not required to meet statutory qualifications for board
members.
Sec. 3. The TAC is a committee of the Commission and its meetings shall be
subject to the Minnesota Open Meeting Law, Minn. Stat., Sec. 471.705.
Sec.4. The Board may by resolution delegate to the TAC any duties or
responsibilities that may lawfully be so delegated.
Sec. 5. Notice of all regular and special meetings of the Commission sha11 be
given to a11 TAC members, and copies of all correspondence, agenda materials and other written
i
materials provided to members of the Commission shall also be provided to TAC members.
Sec.6. TAC members may attend and participate in a11 meetings of the
Commission. TAC members shall not have the authority to make motions or vote on matters
before the Comnussion but shall otherwise have the rights of a Commission member to question,
discuss, debate and comment on any matter before the Commission.
160673v3 CLL SH220-1 g
Adopted this day of 19
Chair
ATTEST:
Secretary
160673v3 CLL SH220-1 C�
City Council Agenda Item No. �b
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: June 22, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
diseased elm trees most recently marked by the City tree inspector, in accordance with approved
procedures.
The past three suinmers have shown an outbreak in Dutch elm disease throughout the metro area that
has not been seen since Dutch elm entered the state of Minnesota in 1961. Currently, many
communities are witnessing the infection of elm trees that survived the major outbreak in the 1970s.
Experts say a decline in awareness and the maturation of trees that rooted decades ago may be
fueling the rise in infections.
The City of Brooklyn Center has historically maintained a policy of removing diseased trees
promptly (in three weeks or less) and enforcement of proper disposal in order to keep this disease
from escalating in our community.
Attached for consideration is a City Council resolution declaring a public nuisance and ordering the
removal of diseased trees as listed on the resolution document. It is anticipated that a similar
resolution will be submitted for council consideration each meeting during the summer and early fall
as additional diseased trees are identified and marked.
�6301 Shingle Creeh Parkwa Recreation and Communit Center Phone TDD Number
y y
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
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
l. The diseased trees at the following addresses are hereby declared to be a
public nuisance:
PROPERTY OWNER ADDRESS TREE
LAWRENCE MARGERY ANDREWJESKI 5637 COLFAX AVE N 1
CITY OF BROOKLYN CENTER WILLOW LANE PARK 2
CITY OF BROOKLYN CENTER FIREHOUSE PARK 3
CITY OF BROOKLYN CENTER BEHIND 3401 47TH AVE N 4
SALOME NARCISCO MORALES/CESAR MENDOZA 6945 MAJOR AVE N 5
WILLIAM HAASE 3500 65TH 6
JOEL HIMMEL 5535 COLFAX AVE N 7
JOHN BETTY RUSSELL 5312 N. LILAC DR. 8
PHYLLIS OWENS 6520 BROOKLYN BLVD 9
PHYLLIS OWENS 6520 BROOKLYN BLVD 10
GLENN BERSCHEIT 6401 SCOTT AVE N 11
CHRISTOPHER RASMUSSEN 4207 62ND AVE N 12
TIMOTHY CARMELA WARREN 4206 62ND AVE N 13
NORTHPORT PROPERTIES 5401 BROOKLYN BLVD 14
MICHAEL CHARLENE RASMUSSEN 5400 PENN AVE N 15
CITY OF BROOKLYN CENTER HAPPY HOLLOW PARK 16
DANIEL MARY SEELY 5924 HALIFAX AVE 17
JOHN JOAN WHITE 6018 JUNE AVE N 18
PRISCILLA STROMBERG 6100 KYLE AVE N 19
MARK CHERYL PETERSEN 5306 ELEANOR LA 20
JAMES SHERYL RANSOM 5231 WINCHESTER LA 21
JAMES VERONICA CAPEHART 7036 GRIMES AVE N 22
STHIANE NETTA SIPRASEUTH 7101 FRANCE AVE N 23
STACY CARLSON 5331 63RD AVE N 24
RALPH SANDRA NEINAS 3920 52ND AVE N 25
TROY DONNA OLSON 5148 FRANCE AVE N 26
NOR THAO MAI VUE 6307 XERXES AVE N 27
DANA QUALEY 5215 TWIN LAKE BLVD 28
ROSS WE1SS TERESA STRONG 5239 GREAT VIEW AVE 29
MARK MARY MANNING 5307 OLIVER AVE N 30
RESOLUTION NO.
PROPERTY OWNER ADDRESS TREE
REBECCA BRANTNER 5432 DUPONT AVE N 31
ROBERT MARY FAGERHAUGH 5501 CAMDEN AVE N 32
TRAVIS LORENSON 5835 CAMDEN AVE N 33
ROBERT JOHNSON 5847 ALDRICH AVE N 34
JEROME BONNIE LIEBERG 5743 DUPONT AVE N 35
NICHOLAS PAULA LEWIS 6124 EMERSON AVE N 36
JAMES BURTON ANGELA WUENSCH 6400 GIRARD AVE N 37
RANDY GAIL GRAIEWSKI-MOORE 6125 JUNE AVE N 38
ETHYLE BOBENDRIER 6648 WEST RIVER RD 39
JEFFREY ANNETTE HANSON 5815 JAMES AVE N 40
RICHARD GORDON ANNA NATYSIN 5525 IRVING AVE N 41
VINCENT ANNA MAE POLLEY 5800 HUMBOLDT AVE N 42
EDWARD DOLL 1201 57TH AVE N 43
EDWARD DOLL 1201 57TH AVE N 44
EDWARD DOLL 1201 57TH AVE N 45
DONALD THAYER 3315 59TH AVE N 46
CAROL KLEVEN 5835 ZENITH AVE N 47
LARRY SNAZA 5406 68th AVE N 48
JANET ARNTSEN 6836 SCOTT AVE N 49
DENTO SHUAIBU 6725 QUAIL AVE N 50
HAFTU WOLDEMICHAELBELAY RETEBEY ZENEBE 7115 PALMER LAKE CIR. 51
MOUND CEMETERY 3515 69TH AVE N 52
MINDY JOST KELLY HERRMANN 6812 EMERSON AVE N 53
TODD DEEANNE HENNING 1906 BROOKVIEW DR 54
CITY OF BROOKLYN CENTER 6301 SHiNGLE CR PKWY 55
LINDA LEACH 4921 63RD AVE N 56
REBECCA STEIDL 4724 LAKEVIEW AVE N 57
ROBERT CHERYL JECHOREK 5400 MORGAN AVE N 58
RYAN WELLENSTEIN/JENNIFER MOENGEN 5321 PENN AVE N 59
BENJAMIN WARD JOEL HEASLIP 4928 ABBOTT AVE N 60A
RICHARD CSARGO 4912 ABBOTT AVE N 60B
JACK TINA NEVALA 5309 GIRARD AVE N 6]
JOHN LINDA MUNSON 6407 DUPONT AVE N 62
PATRICK READY 1019 73RD AVE N 63
ODION ISAGUA 3807 JANET LN 64
GEDI-DAMANA FAMILY LTD PT 5615 BROOKLYN BLVD 65
JULIE THOMPSON 4816 TWIN LAKE AVE 66
DONALD EVELYN OLSON 5842 BROOKLYN BLVD 67
KONDIWAY BAGANA 5542 IRVING AVE N 68
KONDIWAY BAGANA 5542 IRVING AVE N 69
CITY OF BROOKLYN CENTER SHINGLE CREEK TRAIL 70
TIMOTHY JOHNSON 5406 KNOX AVE N 71
CITY OF BROOKLYN CENTER CENTRAL WEST 72
WILLIAM PETTY 5453 BRYANT AVE N 73
JASON WELLES 816 57TH AVE N 74
MANUEL AGRIPINA GONZALEZ 5959 CAMDENAVE N 75
WILLOW LANE REALTY MILLER MGMNT CO. 7015-7021 BROOKLYN BLVD 76
RESOLUTION NO.
2. After twent 20 da s from the date of the notice the ro e owner(s) will
Y� Y P p m'
receive a second written notice providing five (5) business days in which to
contest the determination of the City Council by requesting, in writing, a hearing.
Said request shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s)
shall be removed by the City. All removal costs, including legal, financing, and
administrative charges, shall be specially assessed against the property.
Date Mayar
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. 9c
BROOKLYN CENTER
POLICE DEPARTMENT
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Scott Bechthold, Chief of Police
DATE: June 22, 2006
SUBJECT: City Council Resolution Expressing Appreciation to the Dispatchers
of the City's Public Safety Communications Center
Attached, please find a City Council Resolution expressing appreciation to the
dispatchers of the Brooklyn Center Public Safety Communications Center.
The Public Safety Communications Center will officially close on July 9, 2006, as part of
the merge to the Hennepin County Sheriff's 911 Communications Center. The City's
Public Safety Communications Center has been in existence for the past forty years and
has provided an essential and valuable service to the community, city government, and
the members of the police and fire departments. The six remaining dispatchers should be
lauded for their perseverance and dedication for remaining to the end of this two year
transition proj ect.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING MEMBERS OF THE BROOKLYN CENTER PUBLIC
SAFETY COMMUNICATIONS CENTER IN RECOGrTITION AND APPRECIATION OF
THEIR SERVICE TO THE CITY OF BROOKLYN CENTER
WHEREAS, Brooklyn Center Public Safety Communications Center will officially close and
merge with Hennepin County Sheriff's Radio on July 9, 2006; and
WHEREAS, Brooklyn Center Public Safety Dispatchers are the first and most critical contact
the citizens of Brooklyn Center have with emergency services; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from citizens who telephone Brooklyn Center Public Safety Communications
Center; and
WHEREAS, Brooklyn Center Public Safety Communications Center has serviced the citizens
of the City of Brooklyn Center for forty years; and
WHEREAS, Brooklyn Center Public Safety Dispatchers have shown great flexibility,
commitment, and attention to detail in their work as dispatchers; and
WHEREAS, Brooklyn Center Public Safety Dispatchers' dedicated public service and civic
effort for the betterment of the community merit gratitude of the citizens of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, upon recommendation of the Interim City Manager, that the dedicated public service of Public Safety
Communications Supervisor Diane Willgohs and Public Safety Dispatchers Barb Bryan Christie Henning,
Karen Nelson, Kristin Stewart, and Jessica Walby are hereby recognized and appreciated by the City of
Brooklyn Center.
June 26. 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.
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
June 26, 2006
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
City Council Chambers
A copy of the full City Council packet is available to the public. The packet ring binder is
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. Discussion of 2007 Goal Setting Date and Process
2. Discussion of Draft Policy on City Council Commitment to City Charter
3. Discussion of Draft Policy on Prior Authority to Purchase Items for Council Travel
4. Discussion of Centerbrook Golf Course Funding Recommendation
5. Discussion of City Council Salary Recommendation from Financial Commission
6. Discussion of Performance Review Form per Request of Councilmember Niesen
PRELIMINARY ITEMS TO DETERMINE CITY COUNCIL DIRECTION ON
WHETHER TO PURSUE DISCUSSION/RESEARCH/ANALYSIS FOR FUTURE,
WORK SESSION(Sl
7. Council Process for Placing Items an the Agenda per Request of Councilmember Niesen
o Brief description and overview by Council Member
o Comments/questions/responses from Council Members
o Comments/questions from City Manager
o Consensus direction{dis osition of item from Cit Co
uncil
P
Y
Pending List for Future Work Sessions
July 10
Massage Parlor Ordinance Council
Liquor Ordinance Revisions Micro Brewery City Manager
History of Neighborhood Advisory Groups Councilmember Niesen
Review of CVS Fence Decision Councilmember O'Connor
Direction Regarding Cracker Barrel Redevelopment
CITY COLTNCIL
WORK SES5ION AGENDA -2- June 26, 2006
July 24
Recommendation Regarding Investment Policy Modifications per Audit (tentative
request) City Manager
City of Brooklyn Center
A Millennium Communit
y
MEMORANDUM
TO: City Council
FROM: Cu ne Interim City Manager
DATE: June 22, 2006
SUBJECT: 2007 Council Goals and Process
Action Requested:
Several months ago the City Council decided that it revisit the question of 2007 goal
setting later in the year.
The principal questions before the Council are as follows:
Does the City Council wish to set goals for 2007?
Will this be a facilitated process?
Who will be the facilitator?
What will be time date and place of the session?
Will the session include topics beyond goal?
Council direction in this matter is requested.
C:
G:�Asst City Mgr\COiJNCIL.062606.chartercommit.doc
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 of Brooklyn Center
A Millennium Communit
y
MEMORANDUM
TO: City Council
FROM: Curt������y Interim City Manager
DATE: June 22, 2006
SUBJECT: Commitment to City Charter and Travel Expense
Action Requested:
Following the discussion at the May 22, 2006 work session it was the consensus direction
that staff prepare a draft that would modify the resolution annually adopted by the City
Council each year declaring City Council Commitment to the Brooklyn Center City
Charter.
Attached is a copy of the most recently adopted resolution and a draft revision for your
review and consideration.
Additionally, the Council directed the staff to prepare a draft policy amendment requiring
prior approval for the purchase of conference training materials. A draft policy is
attached.
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
ww w. cityo fbrooklyncenter. org
COUNCIL MEMBER O'CONNOR: REMOVAL OF POLICIES 2.60 2.61 ON
HOUSING BONDS AND BUSINESS SUBSIDY PAGES 254-258
Councilmember O'Connor stated the City borrowed money last year and is now repaying it. She
stated the City should not be borrowing money so that taxes are not raised to repay the loan. She
further stated the City should not be involved in a business subsidy or housing bonds.
Councilmember Carmody stated the business subsidy is partially guided by the State of
Minnesota. She stated she is not interested in discontinuing use of the housing bonds and
business subsidies.
Councilmember Niesen suggested that these items be brought forward during the budget
discussions. She stated it would be helpful if Councilmember O'Connor would put her request or
concern in writing.
COUNCIL MEMBER CARMODY: REVISION OF POLICY 2.03 CITY COUNCIL
COMMITMENT TO THE BROOKLYN CENTER CHARTER PAGE 206 AND
SEVERAL OTHER POLICIES
Councilmember Carmody asked if commitment to the Charter is necessary each year and if there
are changes, if just those changes can be confirmed. She stated confusion as to why parts of the
Charter are emphasized in the annual resolutions.
Councilmember Niesen stated agreement with Councilmember Carmody and suggested that
future resolutions only reaffirm the City's commitment and not specify sections.
Mayor Kragness stated she would be in favor of simplifying the resolution as long as there is an
annual affirmation of the Charter.
Councilmember Niesen suggested that Councilmember Carmody draft a simplified resolution
establishing recommitment to the Charter.
Mayor Kragness suggested asking the Charter Commission to draft a simplified resolution.
Mr. McCauley stated he would provide a draft of a simplified resolution.-
Councilmember Carmody suggested an amendment to the policy requiring prior consent to
purchase materials. She stated the materials are usually available after the conferences; therefore
the City Council should review the purchasing of the materials as a whole.
Mr. McCaule stated he would rovide a draft amendment to the olic
r r y
Councilmember Carmody stated she would like to have included in the introduction to
controversial public hearings that it is inappropriate to clap, boo or otherwise express support or
disapproval of a speaker or a particular statement during the public hearing.
Councilmember O'Connor stated objection to restricting residents from expressing themselves.
Councilmember Carmody responded it is parliamentary procedure and should be followed at all
OS/22/06 2
public meetings.
Councilmember Carmody stated concern that she was represented inappropriately by
Councilmember O'Connor in Washington, D.C. while on a City sponsored trip. She stated the
tax payers should not be paying for Councilmember O'Connor's expression of personal opinion
and not that of the entire City Council. Councilmember O'Connor responded she was elected to
express her opinion. The national debt and deficit are more important than Community
Development Block Grants. Mayor Kragness responded Councilmember O'Connor is paid to
attend the events and to represent the City of Brooklyn Center and several residents called her to
express embarrassment over Councilmember O'Connor's actions in Washington, D.C.
Councilmember Carmody stated the City Council should approve the expression of particular
viewpoints where the entire City Council or City of Brooklyn Center is being represented.
Councilmember Niesen disagreed with Councilmember Carmody and stated her view could be
construed as policing other Councilmembers behavior. She stated the majority should not be
allowed to block other Councilmembers from traveling and expressing their opinions. She stated
the policy is to travel outside of the state twice in a four year term and the goal is to make laws
and outline policies that will outlive the Councilmembers, not to craft a restriction because we
came across an inappropriate behavior. She suggested that behaviors and expectations be
discussed amongst the Councilmembers.
Mayor Kragness stated Councilmembers have the freedom of speech; however each
Councilmember needs to remember that they are representing the entire City of Brooklyn Center.
She stated she was embarrassed when she received calls from residents regarding
Councilrnember O'Connor's behavior.
Councilmember Lasman stated opposition to restricting the attendance of conferences however
stated such platforms as the conference Councilmember O'Connor attended should not be used
as a forum to speak out inappropriately.
COUNCIL MEMBER NIESEN: NEW PROPOSAL FOR CITY MANAGER REVIEW
FORM
Councilmember Carmody stated she would like to postpone the City Manager review form until
next year because Mr. McCauley will no longer be with the City and she thought there was a
consensus that the current form would be used until next year. She stated a new City Council
may be elected and may wish to amend the form again. She stated she is not interested in
discussing it at this time.
Councilmember Niesen stated she has spent a great deal of time on the form and would like to
insure that a form is in place prior to the hiring of a new City Manger.
It was suggested that Councilmember Niesen be given five minutes to discuss the item.
Mayor Kragness and Councilmember O'Connor stated they were willing to discuss the matter.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
OS/22/06 3
SECTION II GENERAL POLICIES
City Council Cocie of Policies
2.03 Policy on City Council Commitment to the Brooklyn Center City Charter
For the first meeting of the City Council each January, a resolution is placed on the agenda as
information and reminder of CounciUManager responsibilities. The City Council resolves:
1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to
ensuring compliance by the City Council collectively and individually with that spirit and
letter of the City Charter.
2. To rededicate itself to the checks and balances of the City Charter that keep City
government accountable.
3. To pledge that in its dealings with citizens and City staff, that the City Council will treat
such citizens and staff with respect and courtesy. The Council shall deal with staff in
accordance with the City Charter through the City Manager.
4. To discharge its responsibilities as intended and established by federal, state, and local
laws and the City Charter, and to do so in a fair and impartial manner for the good of the
whole City without regard for personal gain or interests.
Reference: City Council Resolution No. 2004-08
2.04 Policy Declaring Elected Officials be Considered Employees for Workers' Compensation
Insurance Purposes
The Minnesota Workers' Compensation Act provides benefits to an "employee" who is znjured
while working. Minnesota Statutes 176.011, subd. 9, clause 6, provides that municipal officers
elected or appointed for a regular term of office or to complete the unexpired portion of a regular
term are considered to be "employees" for workers' compensation insurance purposes only if the
City has passed an ordinance or resolution to that effect. The Brooklyn Center City Council
desires that the Mayor and Council Member be considered "employees" for workers'
compensation insurance purposes and adopted Resolution No. 2003-83 to comply with statutory
requirements.
Reference: City Council Resolution No. 2003-83
City of Brooklyn Center Page 206
I
RESOLUTI
ON NO.
DRAFT
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN
CENTER CITY CHARTER
WHEREAS, the Council as a whole also has an obligation to ensure that its
business is conducted pursuant to the City Charter and the norms of acceptable and courteous
business behavior; and
I WHEREAS, the effectiveness of the services provided by the staff is in large part
determined by a relationship of trust and mutual respect between the staff and the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council:
I
1. To rededicate itself to the spirit and letter of the City Charter and to commit
itself to ensuring compliance by the City Council collectively and
individually with that spirit and letter of the City Charter.
I 2. To rededicate itself to the checks and balances of the City Charter that keep
City government accountable.
3. To pledge that in its dealings with citizens and City staff, that the City
Council will treat such citizens and staff with respect and courtesy. The
Council shall deal with staff in accordance with the City Charter through the
I City Manager.
4. To discharge its responsibilities as intended and established by federal, state,
and local laws and the City Charter, and to do so in a fair and impartial
manner for the good of the whole City and without regard for personal gain
orinterests.
5. To direct the City Manager to place this resolution for re-adoption on the
agenda for the first meeting of the City Council each January hereafter, as
information and reminder of Council/Manager responsibilities.
I
Member Kay iasman introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2006-04
RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN
CENTER CITY CHARTER
WHEREAS, Brooklyn Center voters in 196b adopted a City Charter creating a
Council/Manager form of government; and
WHEREAS, said Charter provides that the City Council shall determine all
matters of policy, and the City Manager shall be the head of the administrative branch of the City
Government; and
WHEREAS, the Charter provides that there be no separate administrative boards
or commissions other than advisory boards or commissions; and
WHEREAS, numerous advisory commissions have served the City since adoption
of the Charter; and
WHEREAS, the Charter provides that the City Manager shall control and direct
all departments and divisions of the City and shall have the right to take part in Council
discussion and shall recommend such measures as deemed necessary; and
WHEREAS, the Charter prohibits Council members from dictating the
appointment of any person to office or employment by the City Manager except as provided in
Chapter 6 of this Charter; and
WHEREAS, the Charter requires the Council to deal with and control the
administrative service solely thraugh the City Manager and prohibits any Council member fronn
giving orders to any subordinate of the City Manager, either publicly or privately; and
WHEREAS, the City Manager is charged by the Charter to see that the City
Charter and the laws and resolutions of the City are enforced; and
WHEREAS, the Council as a whole also has an obligation to ensure that its
business is conducted pursuant to the City Charter and the norms of acceptable and courteous
business behavior; and
WHEREAS, Council members must depend upon the City Manager and staff to
provide them with a great amount of background information, data, and expertise to aid in
deliberating issues, developing policy, and administering the Council's responsibilities; and
WHEREAS, the effectiveness of the services provided by the staff is in large part
determined by a relationship of trust and mutual respect between the staff and the City Council.
RESOLUTION NO. 2006-04
NOW, THEREFORE, BE IT RESOLVED by the City Council:
1. To rededicate itself to h
t e s irit and letter of the Cit Charter and to commit
P Y
itself to ensuring compliance by the City Council collectively and
individually with that spirit and letter of the City Charter.
2. To rededicate itself to the checks and balances of the City Charter that keep
City government accountable.
3. To pledge that in its dealings with citizens and City staff that the C:ity
Council will treat such citizens and staff with respect and courtesy. 'The
I Council shall deal with staff in accordance with the City Charter through the
City Manager.
4. To discharge its responsibilities as intended and established by federal, state,
and local laws and the City Charter, and to do so in a fair and irnpartial
manner for the good of the whole City and without regard for personal gain
orinterests.
5. To direct the City Manager to place this resolution for re-adoption on the
agenda for the first meeting of the City Council each January hereatter, as
information and reminder of Council/Manager responsibilities.
Januarv 9, 2006 /L�.
Date Mayo�
A'1'"1'ES"T: �/�i2�(
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, Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary 0'Connor;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
DRAFT
2.07 Policy on City Council Travel Expense
Council members attending approved travel may purchase conference
training materials at City expense if requested and approved in advance by
the City Council
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: City Council
FROM: Cu y, Interim City Manager
DATE: June 21, 2006
SUBJECT: Financing Plan for Centerbrook Golf Course
Action Requested:
This item has been placed on the work session agenda so that staff can respond to any
questions the Council may have regarding the recommended financing plan for the
Centerbrook Golf Course.
This item was previously reviewed at a joint meeting March 6, 2006, of the City Council
and Financiai Commission. The consensus direction from the meeting was for staff to
prepare a specific capital plan and a loan replacement program that the Financial
Commission and Park and Recreation Commission could review and consider.
Staff prepared a proposal in response to this direction. The proposal was reviewed by
both the Park and Recreation Commission and the Financial Commission. Each of these
commissions unanimously recommended Council approval of the proposal.
The proposed course of action includes the following and is further described in the
attached material:
A$49,000 contribution from the Storm Sewer Fund to the Golf Course Fund
establishing a Capital Reserve
An annual operating revenue reserve of $50,000 for capital purchases, cash flow
requirements and contingency.
A revised loan repayment policy based on a formula that assumes loan
repayments will be made from free cash flow after covering annual capital
reserves and capital expenditures.
C: Jim Glasoe
G:�Asst City Mgr\COLTNCIL.MEM.FRM.062601.doc
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
I
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: June 21, 2006
TO: Curt Boganey, Interim City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Recommendation- Centerbrook Finances
At the joint meeting of the City Council and Financial Commission on March 6, 2006 regarding
Centerbrook golf course, there was significant agreement on keeping the golf course as a
recreational amenity for the community, but less agreement on how to address the long term debt.
After considerable discussion, it was decided that staff would develop a capital plan for the golf
course along with a recommendation regarding the debt. These items would be brought back to
the Park Recreation Commission and the Financial Commission for consideration and a
recommendation.
Also of note at the meeting, was the discussion of the golf course and its relationship to the
Storm Sewer Utility Fund as a regional storm water detention facility. It was reported that the
golf course had lost approximately $49,000 in net revenues in 1998, as the golf course was not
opened until July 1 st of that year to accommodate completion of the stonn water pond
construction. Additionally, the Council and Commissioners discussed the fact that the golf
course is routinely closed, for varying periods of time, as a result of flooding related to storm
water.
Attached, please find a copy of the proposed Capital Plan for Centerbrook. It is a ten year plan
that schedules yearly capital projects and expenditures according to need. Similar to the larger
Capital Improvements Plan for the city, this plan would be reevaluated each year, and presented
along with the golf course budget.
The Capital Fund is established with an initial contribution of $49,000 from the Storm Sewer
Utility Fund, and an annual contribution of $17,500 from operating revenues. You will note that
the capital reserve maintains a positive balance throughout the duration of the plan.
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
In addition to the funding of capital projects and purchases, the staff recommendation also
includes a reserve for early season expenditures. During the first quarter of each year, the golf
course produces limited revenues until the course opens for business. The annual net revenues
through the end of March are typically ($25,000). Staff recommends that sufficient cash reserves
be held in reserve annually to accommodate for this deficit.
As a result, staff recommends that a revised loan repayment policy be adopted that calls for loan
payments according to a set formula, rather than a predetermined schedule. Staff
proposes that the formula direct any year-end cash reserves in excess of $50,000, plus any
Capital Reserve balance, be directed to the Capital Improvements Fund. Again, this reserve
would accommodate funding of capital projects and early season expenditures.
Staff further recommends that revenues lost as a result of golf course closures related to storm
water be reimbursed by the Storm Sewer Utility Fund. This reimbursement would be for actual
league rounds cancelled, and an average of daily non-league rounds played during the same
period over the past three years. Lastly, staff recommends that all principal payments made
continue to be tracked, until such time the original loan is repaid.
I At their May 16 meetin the Park and Recreation Commission met to consider this issue. After
g
some deliberation, they passed a unanimous motion affirming the staff recommendations and
recommending the same to the City Council. Similarly, the Financial Commission unanimously
passed a similar motion at their June 5 meeting.
Please let me know if you have any questions regarding the recommendations or would like
I additional information.
I
I
I
I
Proposed Centerbrook Funding Formula:
•$17,500 Annual Capital Set Aside +$25,000 Annual Early Year
Expenditures Retainage +$7,500 Margin =$50,000 Annual Reserve.
•$50,000 Annual Reserve Any Capital Retainage (per the Capital
Plan) Yearly Cash Reserve. Any remaining funds would be directed
to the Capital Improvements Fund. Contributions would continue to
be tracked until original loan balance is paid in full.
Golf course fund would be reimbursed for revenues lost as a result of
golf course closures related to storm water. This reimbursement would
be for actual league rounds cancelled, and an average of daily non-
league rounds played during the same period over the past three years.
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
MARCH 6, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Work Session with the Financial Commission at City
Hall and was called to order by Mayor Kragness 6:34 p.m.
ROLL CALL
Mayor Kragness, and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and
Mary O'Connor. Also present: City Manager Michael McCauley, Assistant City
Manager/Director of Operations Curt Boganey, CARS Director Jim Glasoe, and Director of
Fiscal and Support Services Daniel Jordet.
Financial Commission Members present were Commissioners Robert Anderson, Susan Shogren
Smith, and Mark Nemec. Commission Chair ponn Escher and Commissioner Robert Paulson
were absent and excused.
DISCUSSION OF GOLF COURSE
City Manager Michael McCauley presented a PowerPoint presentation, starting with the
introduction that explained that the golf course that was constructed in the late 1980s, was
funded by a$1.1 million loan, and set up as an enterprise. He stated the golf course was set up as
an enterprise in order to re-pay the construction loan and generate its own operating funds and
capital. He explained that the golf course is the only recreation amenity that is an enterprise. He
continued the presentation that included the following topics:
Performance
Park and Recreation Commission Review
Centerbrook Golf Course Days Lost to Weather
Net Operating Revenues Area Par 3 Course
Centerbrook Golf Course League Rounds Cancelled
CARS Director Jim Glasoe discussed the financial impact of rounds canceled due to weather. He
stated league rounds are the bread and butter of the operation and are detrimental if canceled.
Councilmember Lasman asked if the canceled rounds are made up. Mr. Glasoe explained that
some rounds are still lost, however Staff has been trying to create a formula or incentives to
recapture the revenue from those rounds.
Staff, Councilmembers, and the Financial Commission discussed financial effects of weather.
3/6/06 -1-
;i
Conditions of site
Parcel Map
Centerbrook Golf Course Site Map
Staff, Councilmembers, and the Financial Commission discussed storm water and water
retention including the 100 and 500 year flood plan on the golf course.
Mr. McCauley stated this is not land that is usable for anything other than open space, flood
water retention, or a golf course.
Uncaptured Benefits
Mr. McCauley stated the regional storm water ponding site is located on this facility and there
was no payrnent to the course when the course was flooded by storm water detention nor was
there payment when operating days were lost during storm water pond construction, estimated
value of $49,000. He explained that the access to the water tower and maintenance of grounds
are maintained under the golf course enterprise fund.
Options
Option 1. Status Quo
Option 2 Discontinue
Option 3 Privatization
Option 4 Treat as Principal Only
Option 5 Establish Targets
Staff, Councilmembers, and the Financial Commission discussed options for the golf course.
Recommendations
Mr. McCauley requested direction from the City Council and Financial Commission on the
future of the Golf Course.
Staff, Councilmembers, and the Financial Commission discussed the effects on property taxes
both in the past and in the future.
Councilmember Niesen inquired about the listed expenditures for this time of year. Mr. Glasoe
explained that the current expenditures are primarily staffing and utilities.
Mayor Kragness stated she would like to see the golf course remain and added that many local
golf courses are experiencing the same problems.
Mr. Glasoe explained that the golf course is profitable enough that it is not a burden on the
taxpayers.
Councilmember O'Connor stated the pressure should remain on the golf course to pay the loan
and decrease expenditures.
Director of Fiscal and Support Services Daniel Jordet distributed a financial statement of the golf
course and discussed funding depreciation that is included in the list of expenditures.
3/6/06 -2-
Councilmember Lasman stated commercial use is not a viable use because of the soil. She stated
park land would not contribute revenue and would amount to considerable maintenance costs.
She stated if the golf course is contributing enough to cover operations and could possibly
contribute to the capital improvement fund, the City should retain the golf course. She stated the
golf course is an amenity to the City because it accommodates youth, seniors, and families.
Mr. McCauley stated he would prepare a golf course specific capital plan for the loan
replacernent ideas, and have the Financial and Parks and Recreation Commission review
proposals for a subsequent work session.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City
Council meeting at 8:25 p.m.
Motion passed unanimously.
City Clerk Mayor
3/6/06 -3-
Capital /mprovement Plan
l;..:�•z .'�.x:.�! F, ��.t�" ;F:.:�`.� 'r;;
1 �I I 1 I 1 I I
1 I f 1 1 1 i I 1
RootReplacement �1 I I I I I I i I
Refrigerafor 1 $1,5�1 I I 1 I i t
Freeier I 1 1 $?.4�{ 1 1 i 1
Carpet Repiacement t I i I I 1 i I �7,0001 I
Hot Water Heater 1 I I j I $4,0001 I I 1
Tables Chairs I t I I 1 1 I $5.0001
ice Cube Maker t I I I $3,U00� I I
�ndow Treatments 1 I 1 $2.Q001
Paint interior I $1,0001 1 1
Air Conditicmer I I 1 1 I $2,0001 I 1
Fumace 1 i t I I $3,0001 I f
Management SoftwarelHardware I I I I I I i $5.0001 I I
Cash Registers I 1 I i I I $1,5001 1 I
Copier I 1 $1.0001 1 i 1 f I
Office fumishings I 1 1 I I I I l 1
Pro shop fumishings 1 1 I 1 I I 1 $3,0001 1 1
Bathrooms Remodel I I 1$12,0001 I I I I
Surveiliance Cameras I I j I t I $3.b001 1 G
Window Replacement I I $8.000! I I I I
Door Replacemerrt I t I 1 I i $2.00ti1 I
1 I I 1 I I I 1 I f
I i I 1 I 1 1 I
I
1 I 1 I I 1 I
F I I I I I I t I 1
Picnic Shelter I 1 1 I I �15,0001 I
Flagpote I 1 I I $2.QOOf I
1 I t I 1 I 1� 1 1
I I I I l I I
I 1 I I I i t 1 1
=r� 1 I I I I 1 1 1 1 1
d Erosion I Storm I Water I Utilitv I I 1 I 1 1
ation controls f$z8,000i f 1 I i I I
Irrigation HeadstGate Vaives I I $28.000t I I 1 I I 1 I
OveAay/Repave Paths 1 I 1 I 1 1 I 1 I S10,OOOf
Wood Bridges i f i I I $5.0001 I
Garage Doors Replace 1 1 1 1 1 I i $5,0001 I 1
Parking Loi Qve�lay i$15,000
Benches I 1 I I 1 $2,0001 1 I I
Signs i t I I I $3,0001 I I
Parking iot iights I I I I I 1 I I S12.o001 1
Pull Carts I I 1 t $1.00OI I 1 I 1 I
I I 1� I i 1 I 1
I 1 I I 1 1 I I i
1 1 I I 1 1 I I
I 1 I 1 I I 1 I 1 I
Aerator I i I 1 I 1 1
Pond Fourrtains
Golf Carts I I I I I 1 1 1 1 I
Fertllizer Spreader 1 I 1 $4,5001 1 I I I l I
Top Dresser I I 1 I$11,0001 1
Utility Cert I 1 I I I $4,do0i 1 1 I 1
Golf Carts 1 I I i 1 I$10,0001 310.00QI $5A001
Sprayer I I I I$11,0001 I I i I 1
1 I i I 1 I 1 I I
1 I I 1 I I 1 1
1 I 1 I 1 1 1 1 I t
YeaHy Totals $0 I$29,5d0 I$28,000 ($18,500 I a16,000 I$23,d00 1$16,000 1�15,500 I�26,000 t$i7,Q00 1$15,000
An�u81 Capital Allocation $17,500 $i7,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500
Stormwater Contribation to Reserve $49,000
Capital Reserve Balance $49,000 $37,000 $26,500 $25,500 $27,000 $21,500 $23,000 $25,OOD $16,500 $17,000 $19,500
City of Brooklyn Center
Centerbrook Cash Flows Debt Payments
2007 through 2016
YEAR 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Notes:
Beginning Cash Balance 118,728 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079
AnnualOperating Cash 35,000 36,050 37,132 38,245 39,393 40,575 41,792 43,046 44,337 45,667 increases by 3% peryear
Interest Income 5,343 3,128 2,684 2,669 2,767 2,551 2,650 2,772 2,422 2,479 beginning cash earnirg 4 1/2 return
Capital Expenses (29,500) (28,000) (18,500) (16,000) (23,000) (16,000) (15,500) (26,000) (17,000) (15,000) from schedule
Annual Cash Produced 10,843 11,178 21,316 24,915 19,160 27,125 28,942 19,818 29,759 33,146
Ending Cash Availabie 129,571 80,678 80,966 84,228 80,649 83,804 87,824 81,418 83,592 88,225 Beginning Balance plus Annual Cash Produced
Reserve Requirement 69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079 58,341 calculated below
Debt Payment 60,071 21,028 21,653 22,738 23,970 24,922 26,224 27,586 28,513 29,884 ending cash available less reserve requirement
Debt Balance Owed EOY 739,929 718,902 697,249 674,511 650,541 625,619 599,395 571,810 543,297 513,413 amount owed at the end of each year to CIF
Calculation of Reserve Reauirement:
Capital Reserve Balance 37,000 26,500 25,500 27,000 21,500 23,000 25,000 16,500 17,000 19,500 Beginning CR Balance 17,500 per year capital expenses
Operating Reserve Requirement 32,500 33,150 33,813 34,489 35,179 35,883 36,600 37,332 38,079 38,841 increases 2% per year
69,500 59,650 59,313 61,489 56,679 58,883 61,600 53,832 55,079 58,341
i City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: City Council
FROM: Cur1� y, terim City Manager
DATE: June 21, 2006
SUBJECT: City Council Compensation for 2007 and 2008
Action Requested:
This item is placed on the work session agenda so staff can respond to any questions the
Council may have regarding the recommendation of the Financial Commission befare a
Council compensation item is placed on a Council agenda for action.
i
C:
Fl�n.rrn r,r�r,r
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
I
I
Memorandum
Date: 21 June 2006
To: Curt Boganey
Interim City Manager
From: Daniel Jordet
Director of Fiscal Support Services
i Re: City Council Compensation for 2007 2008
Recommendation form Financial Commission
The attached materials comprise the information presented by and considered by
the Financial Commission Subcommittee on City Council Compensation and by
the Financial Commission as a whole. The packet begins with the information
presented to the subcommittee and finishes with the minutes from the 2006
meetings of those bodies.
In summary, the recommendation from the Financial Commission is that the City
Council receive no increase for 2007 and a 2% increase for 2008. This
recommendation is, as is indicated in the Financial Policies, advisory only and the
City Council must take the action to either affirm this recommendation or change
it. Any change in compensation will take effect after the first day of the
succeeding year following a general election.
If you have questions or need clarification, please contact me.
cc: Financial Commission
vemorandum
Date: 3 April 2006
To: Financial Commission Subcommittee on City Council Compensation
From: Daniel Jordet
Director of Fiscal Support Services
Re: Compensation Discussion for 2007 2008
Attached to this cover memorandum are materials that may be used to consider
the Subcommittee's recommendation to the full Commission on City Council
compensation for the 2007 and 2008 calendar years. These materials include:
The section of the financial policies dealing with City Council
compensation
The 2004 memorandum from the subcommittee to the Commission
The 2004 comparison data
The most recent comparative data (2005 and 2006)
Graphic representations of the 2006 data
Again, the Subcommittee is scheduled to meet in the Shingle Creek Room
(conference room next to the City Council Chambers) on Thursday, 6 April 2006
at 6:30 PM. Please contact me if you are unable to attend.
4
City of Brooklyn Center
2.2 Policy and Procedure on Mayor and Council Member Total Compensation
1. 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 officials.
2. Policy
A. Service on the City Council is a civic obligation and an honor. The total
compensation of the Mayor and Council Members should, therefore, not
encourage candidacies based 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.
B. 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.
C. The compensation levels of elected officials 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.
D. 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.
3. Procedure
A. The City Manager shall biennially prepare a compensation report that contains an
analysis of the compensation paid to elected officials 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, Shareview, White Bear
Lake, Crystal, New Hope, and Golden Valley, in addition to the City 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 requested to assist the Commission and Council in their review of elected
official's compensation.
B. The City Manager shall submit the compensation report to the City Council and
the Financial Commission prior to June l, for information pertaining to the
applicable calendar year.
C. The Financial Commission shall biennially review the City Manager's
compensation report and discuss possible budgetary and public perception
Financial Policies SectiSn II Page 21
Ciry of Brooklyn Center
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.
D. Consistent with the City Charter, Section 2.07, the Mayor and Council 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 general election.
4. 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.
Reference:
City Council Minutes 1/10/94
City Council Resolution No. 98-91
Financial Policies Sec�ion II Page 22
I�e
morandum
Date: 9 April 2004
To: Donn Escher, Chair
Members of the Financial Commission
From: Jay Hruska, Subcommittee Chair
Re: City Council Compensation for 2005 and 2006
The Financial Commission Subcommittee on City Councii 'Compensation met on
Thursday evening, 8 April 2004, at 6.30 PM at City Haf1, Present were Ja
Subcommittee Chair and Mark Nemec, Subcommittee Member. Also pres nt was
Daniel Jordet, Director of Fiscaf Support Services.
The members reviewed the materiais prepared by Mr, ]ordet on behal� of the
Subcommittee. Mr. Hruska asked about tthe inclusion of computer eaccpenses in
Council compensation. Mr. Jordet replied thafi the computer allowan e was rolled
into the overail Council com pensatio n a m o u n t i n 2 0 0 0.
Mr. Hruska reviewed the goals used by compensation subcommittees �in the ast
has been the goal of the group to keep City Councif campensation at or abo e the It
median of the comparison cities, For 2Q04, the chart show� grooklyn �Center at
110% to 111% of the median for comparison citi�s.
Both Mr. Hruska and Mr. Nemec pointed out that compensation consideration should
aiso be viewed in light of th� budget constraints currently being experienced by the
City.
The Subcommittee recammends that City Council compensation be left at the 20
levels for �005 and t�hat no additional amaunts be paid, For 2006 the Subcomm �e
recommends an increase of 2% in the base wage af City Councii members. Total e
cost of the increase should be aboufi $1,000 for 2006. The tt�ree main reasons for
this recommendation are:
Budget constrain�s
Sensitivity to citizens concems expressed about prioritization of expenses
Council's current status in terms of position above the median compensation
of comparisan cities
This recomm�ndation will be forwarded to the Fnanciai Commission for
consideration at their 29 Apri� 2004 meeting.
2004 Annual Salary for Elected Officials
2004 2005
Popu(afion Mayor Council Mayor Cauncil
Golden Valley 20,391 $11,619 �8,696 $11,619 $8,696
Maplewood 35,080 $10,983 $9,666
FridieY 27,469 $9,637 $7,916
Richfieid 34,876 $8,779 $6,815
New Hope 20,910 $10,672 $7,553
Roseville 33,949 $9,300 $7,020
Crystal 22,748 $9,136 $7,028 $9,410 $7,239
White Bear Lake 24,6a6 $7,680 $5,�60 $7,680 $5,760
Srooklyn Center 2g,1gp $10,522 $g Q56
Shoreview 36,374 $8,208 $6,084
Fridley.
Council salary listed above is for Council At-Large
Council by ward is $6,998
Provides laptop computers
Golden Valley
Pays per diem of $50 per extra meeting to a maximum of $150 per month
New Hope
Pays per diem of $25 for EDA meetings
DSL line at residence for laptop computers
Provides laptop computers
8
2006 Cities in Compensation Policy Comparison for City Council Salaries
2005 2006
Population* Mayor Council Mayor Council
Golden Valley 20,736 $11,619 $8,696 $11,619 $8,696
Maplewood 35,763 $10,983 $9,666 $11,752 $10,343
Fridley 27,480 $9,893 $8,074 $9,926 $8,153
Richfield 34,502 $9,042 $7,019 $9,313 $7,230
New Hope 20,908 $10,672 $7,553 $10,672 $7,553
Roseville 34,080 $9,300 $7,020 $9,300 $7,020
Crystal 23,012 $9,410 $7,239 $9,410 $7,239
White Bear Lake 24,909 $7,680 $5,400 $7,680 $5,400
Brooklyn Center 29,174 $10,522 $8,056 $10,732 $8,217
Shoreview 26,475 $8,376 $6,204 $8,376 $6,204
Average $9,750 $7,493 $9,878 $7,606
Median $9,652 $7,396 $9,668 $7,396
Brooklyn Center as per cent of:
Average 107.92% 107.52% 108.65% 108.04%
Median 109.02% 108.92% 191.01 111.10°/a
Fridley
Council salary listed above is for Council At-Large
Council by ward is $7,208 for 2006
Provides laptap computers
Provides basic cable services
Golden Valley
Pays per diem of $50 per extra meeting to a maximum of $150 per month
Maplewood
Provides laptop computers
New Hope
Pays per diem of $25 for EDA meetings
DSL line at residence for laptop computers
Provides laptop computers
Population*
As listed in the 2005 LMC Directory of Minnesota City Officials
9
2006 Council Compensation
12,000
10, 343
10, 000
8,696
8,153 8,217
8,000
7,020 7,230 7,239
y^
6,204
6,000
5,400 I
4,000
2,000
�T�---
t�
White Bear Shoreview Roseville Richfield Crystal New Hope Fridley Brooklyn Golden Maplewood
Lake Center Valley
2006 Mayor Compensation
12,000 11,619 11,752
10,672 10,732
9 926
10, 000 E�
9,300 9,313 9,410
8,376
8,000 ',�8�
r
r--�
f
6,000 I
4, 000
��t�
,x".
2,000
��s
Y
Y,k Y' SR'"�
�'�3 I
White Bear Shoreview Roseville Richfield Crystal Fridley New Hope Brooklyn Golden Maplewood
Lake Center Valley
Financial Commission
Subcommittee on City Council Compensation Meeting Minutes
6 April 2006
Call to Order
The meeting was called to order by Mr. Anderson at 6:36 PM
Roll Call
Subcommittee Members Present: Commissioners Anderson (Chair), Paulson and
Shogren-Smith. Staff present: Director of Fiscal Support Services Jordet.
Discussion
Mr. Anderson paid tribute to Donn Escher, longtime Chairman of the Financial
Commission, who passed away in March.
The difference between ward council members and at-large council members was
clarified, as in the case of Fridley.
Materials prepared for the meeting were reviewed. The Financial Policy sets the
com arison cities at those metro olitan within 10 000 o ulation of Brookl n Center
p p PP Y
I and whi
ch are generally fully developed. The previous report to the Financial
Commission in 2004 indicated that past Subcommittees have used the benchmark of
the median of the comparison cities as a goal for compensation of the Brooklyn
Center City Council. Compensation relationships between the last study and the
current study were examined. The current compensation for the City Council
relative to the other comparison cities is much the same as it was during the last
study; about 110% above the average for the comparison cities.
Given that the current compensation is about 10% higher than the stated goal for
compensation of the City Council the subcommittee, by consensus, recommended no
increase for City Council compensation in 2007. For 2008, the subcommittee
recommended, again by consensus, a 2% increase in wages for both the Mayor and
each City Council member.
The meeting was adjourned at 6:58 PM
3
Financial Commission
Regular Meeting Minutes
5 June 2006
1. Call to Order
The meeting was called to order by Mr. Nemec at 8:43 PM
2. Roll Call
Members Present: Commissioners Nemec and Shogren-Smith and Council Member
Lasman. Commissioner Maze was excused. Staff present were Acting City Manager
Boganey and Director of Fiscal Support Services Jordet.
3. Adontion of the Aaenda
Ms. Shogren-Smith proposed and Mr. Nemec seconded a motion to adopt the
agenda as presented. With all voting in favor, the motion was adopted.
4. Minutes
Ms. Shogren-Smith proposed and Mr. Nemec seconded a motion to adopt the
minutes of the 26 )anuary 2006 meeting as presented. With all voting in favor, the
motion was adopted.
5. Selection of Chair for the Remainder of 2006
With the passing of Mr. Escher a new Chair for the Commission is required for the
remainder of 2006. Ms. Shogren-Smith moved that Mr. Nemec become Chair for the
remainder of the year. Mr. Nemec was required to second the motion as no other
voting members of the Commission were present. With all voting in favor the
motion was adopted, making Mr. Nemec Chair of the Commission. Mr. Nemec then
named Ms. Shogren-Smith as Vice Chair of the Commission.
6. Citv Council Comnensation
Ms. Shogren-Smith and Mr. ]ordet reviewed the recommendation of the
Subcommittee on City Council Compensation which met on 6 April 2006. Members
of the Subcommittee were Mr. Anderson, Mr. Paulson and Ms. Shogren-Smith. At
that meeting, having reviewed the information presented on current compensation
and comparison with the designated other cities, the Subcommittee suggested that
Brooklyn Center's City Council was still in the same relative position that it was at
the last review. Therefore, the same compensation solution was endorsed; no
increase for 2007 and a 2% increase for 2008. On behalf of the full Commission,
Ms. Shogren-Smith moved and Mr. Nemec seconded a motion recommending no
increase in City Council wages for 2007 and a 2% increase in 2008. With all present
voting in favor, the motion was approved.
7. Centerbrook Golf Course
Mr. ]ordet presented the information on restructuring the financing of the
Centerbrook Golf course. The plan to operate the course, make needed repairs and
small capital investments and repay an outstanding interfund loan of 800,000 to
the Capital Improvements Fund was reviewed by the Park and Recreation
Commission in May of 2006. They endorsed the plan unanimously.. Ms. Shogren-
Smith moved and Mr. Nemec seconded a motion recommending the Plan to the City
Council for adoption. With all voting in favor, the motion was adopted.
8. 2007 Budaet Overview and Catendar
Mr. Jordet presented the materials on the 2007 budget overview. These were the
same materials presented to and discussed with the City Council at a 22 May 2006
Work Session. Council Member Lasman informed the Commission that the Council
had agreed to the priorities in the presentation and instructed the staff to prepare
the preliminary 2007 budget on this basis. No action was taken by the Commission.
9. Other Business
No other business was brought before the Commission.
10. Adiournment
With no other business to transact, the meeting was adjourned at 9:07 PM.
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: City Council
FROM: Curt�3��g���` City Manager
DATE: June 22, 2006
SUBJECT: Placement of Items on City Council Agenda
Action Requested:
Councilmember Niesen has requested a work session item to discuss the method by
which items are place on a regular City Council agenda for action.
I have attached a copy of Council Policy 1.6 which currently provides guidance to the
administration re ardin a enda re aration. The rr nt olic is sil nt i h res ect t
cu e e w t o
g g g P P P Y P
items generated at the request of a Councilmember. This silence implies discretion on the
part of City Manager.
As the interim City Manager my intent is that whenever any policy matter is proposed by
a Councilmember for action by the City Council, It will be placed on a work session for
direction by the Council.
If the Council wishes me to proceed in a different manner your direction is appreciated.
C:
G:�Asst City Mgr\COiJNCII.,.062606.agendaplacement.doc
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
SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
1.6 Agenda
The agendas for regular Council meetings and Work Sessions are prepared in the City Manager's
office. Typically, agenda items are submitted to the City Manager by the City departments by
Monday preceding the Council meeting. On Monday preceding the Council meeting, a draft
agenda is prepared and discussed by City Staff.
The agenda will ordinarily be delivered to Council Members on Thursday preceding the Council
meeting. The agenda and all supporting material not of a confidential nature shall also be
available to the general public at the time it is delivered to the City Council.
1. Call to Order Informal Open Forum with City Council
The Mayor, Mayor pro tem, or Acting Mayor pro tem shall call the Informal Open Forum
meeting to order at 6:45 p.m. Any person may address the Council on any subject
pertaining to City business not listed on the agenda during the time set aside for those
comments. The Presiding Officer may limit the time available to each person addressing
the Council. Rules governing appearances at Open Forum are provided at the site of
Council meetings.
2. Call to Order Regular Business Meeting
The Mayor, Mayor pro tem, or Acting Mayor pro tem shall call the Council meeting to
order at 7 p.m.
3. Roll Call
Before proceeding with the business of the Council, the City Clerk shall record
attendance of the Council Members in the minutes.
4. Approval of Agenda and Consent Agenda
Routine and non-controversial items shall be placed on the Consent Agenda. These items
may be approved by one blanket motion upon unanimous consent. Any Council Member
may request that any item be withdrawn for separate consideration. The item(s) is then
placed under Council Consideration Items.
5. Policy Establishing Procedures for the Use of a Consent Agenda
The City Council must deliberate many agenda items at its meetings and the time
available for such deliberation is severely limited. The City Council desires to have as
much time as possible for the deliberation of significant agenda items which involve
establishment of City policy and goals. Some agenda items are of such routine,
noncontroversial nature that they need minimal Council deliberation. The City Council
desires to handle these agenda items as expeditiously as possible in order to provide more
time for significant agenda items. The City Charter provides in Section 3.03 (rules of
procedure and quorum) that the City Council shall determine its own rules and order of
City of Brooklyn Center Page 107
i
SECTION I- CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
business. The City Council resolves that the City Manager is hereby directed to prepare a
consent agenda for each regular Council meeting. The consent agenda shall contain those
items which in the judgment of the City Manager are routine, noncontroversial items that
require Council action but need little or no deliberation. The following procedures and
rules shall govern the use of the consent agenda by the City Council:
A. Full copies of the consent agenda will be provided in advance to both the City
Council and the Press, as well as to all citizens at the Council meeting.
B. Pursuant to Section 3.07 of the City Charter readings of resolutions placed on the
consent agenda are deemed to be waived by unanimous consent of the City
Council unless any Council member objects at the time the consent agenda is
considered.
C. At the request of any individual Council member any item or items on the consent
agenda may be removed from the consent agenda and placed upon the regular
agenda for discussion.
D. A motion to approve the consent agenda will not be debated.
E. The consent agenda shall only be adopted by a unanimous vote of those Council
members present at the meeting.
Reference: City Council Resolution No. 81-184
6. Amendment to Minutes
No amendment to the draft minutes included in the City Council packet will be in order
unless the proposed amendment has been presented to the City Council in a written form
suggesting changes or identifying language to be changed, including any proposed
deletion of text. The proposed written amendment will not be entertained unless provided
in written form allowing for sufficient copies to be made for all City Council members,
the Deputy Clerk and City Manager by 6:00 p.m. on the date of a regular City Council
meeting.
A Council Member who has not had sufficient time to prepare a written proposed
amendment to the draft City Council minutes for the most recent meeting, may move to
table the minutes to the next regular City Council meeting and if a majority vote in favor
of tabling the adoption of the draft minutes, such minutes will be tabled to the next
regular City Council meeting.
No amendment to draft City Council minutes that have been tabled will be in order or
entertained unless the amendment is provided to the City Manager in written form setting
forth the complete text of the proposed amendment, including any proposed deletion of
text, by noon on the Wednesday before the next regular City Council meeting following
the meeting at which the minutes were tabled
City of Brooklyn Center Page 108