HomeMy WebLinkAbout2006 09-25 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
September 25, 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.
I City Council Discussion of Agenda Items and Questions
2. Discussion of Work Session Agenda Items as Time Permits
3. Miscellaneous
4. Adjourn
CITY COUNCIL MEETING
City of Brooklyn Center
September 25, 2006 AGENDA
1. Informal Open Forum With City Council 6:45 p.m.
an opportunity —provides o ortuni for the public to address the Council on items which are not on the
p
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.
Open Forum will not be used as a
Questions from the Council will be for clarification only. O p
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.
I. September 11, 2006 Study Session
2. September 11, 2006 —Regular Session
3. September 11, 2006 Work Session
4. September 13, 2006 Special Session
5. September 16, 2006 Special Session
b. Licenses
CITY COUNCIL AGENDA -2- September 25, 2006
8. Public Hearing
a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Easterly of Brooklyn Boulevard Between I -94 and
69th Avenue North)
—This item was first read on August 28, 2006; published in the official newspaper on
September 7 g
2006• and is offered this evening for second reading and Public
Hearing.
Requested Council Action:
Motion to open the Public Hearing.
—Take public input.
Motion to close the Public Hearing.
Motion to table ordinance.
9. Council Consideration Items
a. City Manager Employment Agreement
-Requested Council Action:
Motion to approve employment agreement.
b. Resolution Establishing Fee for Brewer and Brew Pub Off -Sale Malt Liquor License
Requested Council Action:
Motion to adopt resolution.
C. Resolution Authorizing Execution of a Fiber Optic Easement for Access
Communications Inc.
Requested Council Action:
Motion to adopt resolution.
d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
-Requested Council Action:
Motion to adopt resolution.
e. Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project No. 2006 -10, Contract 2006 -D, 2006 Street Seal Coating
-Requested Council Action:
Motion to adopt resolution.
f. Provisional Rental Dwelling License 5240 Drew Avenue North
Requested Council Action:
Review mitigation plan.
Motion to approve, disapprove, or approve with conditions the application
and the mitigation plan.
CITY COUNCIL AGENDA -3- September 25, 2006
Parlors; Amending Brooklyn
g. An Ordinance Relating to the Licensure of Massage Par g
Center City Code Section 23 -1712
Requested Council Action:
Motion to approve first reading of ordinance and set second reading and
Public Hearing on October 23, 2006.
10. Adjournment
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
September 25, 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 Fire Pension Proposal
2. EBHC Hotel Development
3. Establish Agenda for November 11, 2006, Goal Setting Session
4. Request from Councilmember Niesen to discuss Financial Reports.
Pending List for Future Work Sessions
October 9
Revisions to Sign Ordinance Banners
Recommendation Regarding Investment Policy Modifications per Audit City
Manager
Selection of Retreat Facilitator
October 23
New Law (HF 3779, Chapter 240) Zoning Requirements for Adult Establishments
Councilmember Lasman
Financial Commission Member Recruitment
January 2007
Audit Committee Councilmember Niesen
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
763/569 -3300 Fax 763/569 -3494
s
Date: September 25, 2006
To: Diane Niesen From: Curt Boganey
Company: Department: Adm.
Fax No.: 763 -514 -6476 No. of Pages: 9
Comments: Attached is the information you requested.
If all pages aren't received or if you've received this fax in error, please call sender at 763/569 -3300.
The information contained in this message is for the intended use of the person to whom it is sent and may be
confidential in nature. Any dissemination, distribution or copying of the attached message is strictly prohibited
without receiver's consent.
2, J
City Manager Employment Agreement
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement is made and
entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter
referred to as the "City and Michael J. McCauley (hereinafter referred to as the "Manager as of the
27th day of November, 1995.
WHEREAS, the City wishes to engage the services of the Manager as a professional employee; and
WHEREAS, the parties wish to set forth the terms and conditions of their relationship in this
contract in order to assure the requisite flexibility to enable the Manager to function as the City's chief
administrative official; and
WHEREAS, the nature of the Manager's position requires continued professional training and
attendance at meetings during evenings and other non traditional work times.
NOW, THEREF in consideration of the mutual covenants set forth in this agreement, City and
Manager agree as follows:
Section 1 Emph,vment, Manager shall be employed by the City as City Manager commencing
on the 28th day of December, 1995
Section 2. D uties. The duties of the Mana er's position shall be as set forth in the City's Charter
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and ordinances and such other duties which are consistent therewith as may be assigned from time to time
by the City Council.
&dion 3. Disch of Duties. Manager shall be paid a salary as a professional employee and
shall not be paid overtime for hours in excess of 40 hours per week and similarly shall be able to be
absent in consideration of extraordinary time expenditures. The di §charge of Manager's duties requires
work outside the normal work day for meetings and projects. To that end, the Manager will work flexible
hours as is necessary to Manager to discharge the duties of his position.
Section 4. Ev Manager shall be evaluated on the performance of his duties in July of
1996 and at least annually thereafter by the City Council as a whole. Such evaluation shall be based on
the written goals established by the City Council and the general duties set forth in Section 2 of this
Agreement.
jinn 5. P articipat ion in Em nlove e Benefice
A) Health Insurance. The City shall provide health insurance coverage for the Manager in the
same fashion as it provides health insurance for non -union employees.
B) Life Insurance. The City shall provide life insurance coverage for the Manager in the same
fashion as it provides life insurance for non -union employees.
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C) Except as otherwise specified within this Agreement, Manager shall receive or be eligible to
participate in any other benefits provided for non -union employees generally.
Section 6. Vacation and Holidays. Manager shall accrue days of vacation on the first day of each
month equal to an annual rate of 20 days per year. Manager may accrue vacation to a maximum
accumulation of 200 hours. Manager shall not be required to use vacation leave except for a whole day's
absence from performing Manager's duties. The Manager may, at Manager's discretion take 1 /2 day
increments of vacation leave for an absence from the performance of Manager's duties.
Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to payment for
all accrued and unused vacation leave at the Manager's then current rate of compensation.
Manager shall also have the same paid holidays off from work as the City's non -union employees.
lion 7 Le m. Manager shall accrue days of sick leave at the same rate as other non -union
employees.
Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to payment for
all unused sick leave in accordance with the provision of the City's personnel code applicable to non
union employees.
Sect ion Co
A) Initial Salary. The Manager's initial salary at the commencement of this contract shall be
$76,000 per year. Such salary shall be paid at the intervals customarily used for other city employees.
B) Evaluation and Salary Increases. The City Council shall evaluate the performance of the
Manager in July of 1996 and annually thereafter. The Manager's salary shall be reviewed in July of
1996. Thereafter, the Manager's salary shall be reviewed and considered at the same time as
consideration of salary for other non -union employees of the City.' Any changes in the Manager's salary
shall be pursuant to the written agreement of the Manager and the City.
C) Car Allowance. Manager shall receive $250.00 per month payable on the 1st of each month
as a Gar allowance for the use of Manager's personal car in performing City duties.
D) Professional Membership Dues and Professional Subscriptions. The City will pay the cost
of membership in the International City /County Management Association, the Minnesota City /County
Management Association, and like organizations and subscriptions to professional journals and
publications.
E) Participation in Professional Training/Development. The City will pay the cost of the
Manager's participation and attendance at the ICMA Annual Conference or similar national training
opportunity, MCMA Annual conference, League of Minnesota Cities Annual Conference and
miscellaneous professional training programs offered within the State of Minnesota.
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$gftion 10. Moving ses. The City shall reimburse or directly pay for the manager's actual
moving costs, up to a maximum of $3,500. Such payment or reimbursement shall be for the cost of a
professional mover to move Manager's household possessions once to a location in the Metropolitan Twin
Cities area, provided such move occurs within one year of Manager's employment with the City.
Section 11. Expenses Incurred i n P erforming Duties. The City shall reimburse or directly pay
for actual expenses reasonably incurred by the Manager that are directly related to performing Manager's
duties. The parties contemplate that the Manager will incur expenses for travel (other than for use of the
Manager's personal car), attendance at meetings, etc.
Section J.2. Regiment Benefit& The City shall pay the employer's portion of the Minnesota
Public Employment Retirement Association contribution on Manager's salary. The Manager shall, in
addition to the retirement benefits provided above, be allowed to participate, at Manager's own expense,
in IRS approved deferred compensation plans offered through the City.
Se
ion 13. Disenn of Em 1 yrnen The Manager shall be removable by
the City Council at will subject only to the limitations imposed by the City Charter. Understanding that
the Manager serves as the chief administrative official for the City and Manager's employment status can
be affected by political influences that are independent of job performance, the parties wish to make
arrangements that reflect the realities of the marketplace and are necessary to recruit qualified persons.
The parties wish to assure flexibility for the council, while providing for the ability of the Manager to
perform Manager's duties without undue concern for Manager's financial security should the need arise
to seek new employment. Therefore, the parties have made concessions and the Manager, as part of
Manager's compensation agreement has made concessions in the amount of salary and other forms of
compensation in return for the covenants contained in this section 13 relating to the discontinuance of the
employment relationship.
A) Manager shall give the City 30 days notice prior to discontinuing Manager's employment, where
there has been no event constituting an involuntary separation as hereinafter set forth.
B) In the event an "involuntary separation" occurs, the Manager may chose to resign prior to the
effective date of any formal action by the City to terminate Manager's employment.
C) Definitions. For purposes of this Agreement the term "involuntary separation" shall mean a
formal request adopted at a public meeting by the City Council that the Manager resign or an action
adopted by the City Council terminating this Agreement. The term "involuntary separation" shall also
mean the resignation of the Manager within 30 days of the effective occurrence of any of the following:
i) A change in the form of government at the City due to the adoption, amendment or
repeal of a home rule charter, election to adopt or repeal a particular statutory form of
government (other than for a Plan B statutory form of government), or an ordinance/resolution
changing the City's organizational structure relating to the Manager's duties or authority.
ii) A fundamental change in the duties and authority of the Manager adopted by the City
Council, by special or general election, or by referendum or initiative such that the City of
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Brooklyn Center's status as a council manager plan city is changed by ICMA to some status
other than a council- manager form of government.
D) Payment upon Involuntary Separation. In the event of an involuntary separation, whether
through a resignation or resolution /motion terminating the Agreement, the Manager shall be entitled to
the following:
a) Payment of all accrued vacation and sick leave at its full value at the Manager's
current rate of pay.
b) Payment by the City of the full cost of family health insurance, at level of coverage
in effect just prior to the involuntary separation for a period of 12 full months from the date
such involuntary separation becomes effective. In addition, the Manager shall be entitled, at
Manager's own cost to continue participation in the City's group insurance plans for at least
18 months after the City is no longer required to make full payment of premiums for Manager's
insurance coverage, provided the City's group insurance plan authorizes such continued
participation.
c) Severance Payment. The Manager shall receive the following severance benefits:
i) Six (6) months salary computed at 1 /2 the Manager's gross annual wages.
ii) Payment of six months car allowance.
d) Time of payment. All P a Y ments due under this section shall be paid by noon on
the day after the separation becomes effective.
F) Payment Upon Voluntary Termination. Upon the Manager's voluntary termination of
employment, he /she shall be entitled to full payment by the next following pay period of:
a) Payment of all accrued vacation and sick leave at its full value at the Manager's
current rate of pay.
b) Payment of all wages for days worked since the last payroll period prior to
separation.
G) Nothing herein shall be deemed a waiver of any rights or claims that either party may have
beyond the compensation due in the normal course of the separation of the Manager from the City's
employ.
$fiction 14. Term, This Agreement.shall be for an indefinite term until terminated by one or both
of the parties as set forth in this Agreement.
Section 15. Indemnific The City shall defend and indemnify the Manager pursuant to
Minnesota Statutes 466.07 and 465.76. The City shall also defend and hold harmless and indemnify the
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Manager from all torts, civil damages, penalties, fines, provided the Manager was acting in the
performance of Manager's duties.
Section 16, Merger This Agreement supersedes all prior oral or written communications between
the parties.
$gdion 17. Entire Agreement This Agreement constitutes the entire agreement between the
parties with respect to the employment relationship between the City and the Manager and the parties
agree that there were no inducements or representations leading to the execution of this Agreement except
as herein contained.
$lion ]S Severabili y,. In case any one or more of the provision of this Agreement shall be
invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining
provisions contained in this Agreement will not in any way be affected or impaired thereby.
Section 19. Governin Law, This Agreement will be construed and interpreted in accordance with
the laws of the State of Minnesota.
&Qtion 20. Co unterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which will be deemed an original, but all of which together will be constitute one
and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
written above.
THE CITY OF BROOKLYN CENTER, EMPLOYEE
MINNESOTA
By
Myr#a Kragness U ichael J. 4MCCau
l
Its Mayor
r
By
Camille D. Andre
Its Acting City Manager
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ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT
This Addendum is made and entered into by and between the City of Brooklyn Center, a
Minnesota municipal corporation (hereinafter referred to as the "City and Michael J. McCauley
(hereinafter referred to as the "Manager as of the 1st day of January, 200/ ,OL
4.
WHEREAS, the City and Manager have entered into an employment agreement
5 (hereinafter referred to as the "Employment ated November 27, 199 (h Agreement and P Y
WHEREAS, the parties wish to amend the Employment Agreement as hereinafter
set forth; and
NOW, THEREFORE, in consideration of the mutual covenants set forth in the
Employment Agreement and herein. City and Manager agree that the Employment Agreement is
amended as follows:
1. Section 8, paragraph A) of the Employment Agreement is amended by adding the
following sentences:
"Effective January 1, 2004, the Manager's annual salary shall be One Hundred Six
Thousand Two Hundred Forty Four Dollars ($106,244) per year."
"Effective July 1, 2004, One Hundred Seven Thousand Three Hundred Six Dollars
plus Five Thousand Four Hundred ($107,306 plus $5,400), totaling One Hundred
Twelve Thousand Seven Hundred Six Dollars ($112,706)."
2. Section 8, paragraph C) of the Employment Agreement is amended by adding the
following sentence:
"Effective July 1, 2004, such monthly car allowance shall be discontinued and shall
be added to Manager's annual salary and the Manager shall be reimbursed for
personal automobile use for trips, meetings, work, and other use related to his
employment at the rate consistent with Internal Revenue Service regulations."
Except as explicitly modified in this Addendum, the Employment Agreement shall continue to be in
full force and effect.
CITY OF BROOKLYN CENTER, MINNESOTA EMPL
'Myma Kragness, Mayor Michae J uley
By: d rww -4m
Sharon Knutson, City Clerk
City of Brooklyn Center
2. Regular full -time employees, employed as of July 1 of each year, shall have one
eight (8) hour personal floating holiday to be used within the period July 1
through December 31 of that year. Such floating holiday must be taken as a
whole day off and may not be used in partial days. The personal holiday must be
used within the period July 1 through December 31 of the year in which it is
received or it will be lost.
The request for use of a personal holiday follows the request for vacation. (Changed per
City Council Resolution 98 -109.)
7.3 Vacation Leave Regular Full Employees
-time Em to
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1. Regular employees shall earn vacation leave at the rate of 6.67 hours for each
calendar month of full -time service or major fraction thereof. Regular employees
with five consecutive years of service through 10 consecutive years of service
shall earn vacation leave at the rate of 120 hours per year. Regular employees
with more than ten consecutive years of service shall earn vacation leave
according to the following schedule:
During 1 lth year of service 128 hours per year.
During 12th year of service 136 hours per year.
During 13th year of service 144 hours per year.
During 14th year of service 152 hours per year.
During 15th year of service 160 hours per year.
In the best interest of the City, vacation leave in excess of the established amount
specified in this section may be granted by the City Manager.
Employees using earned vacation or sick leave shall be considered to be working
for the purpose of accumulating additional vacation leave.
2. Accrual
Vacation begins accumulating in accordance with date of hire.
3. Usage
Vacation leave may be used as earned except that the City Manager shall approve
the time at which the vacation leave may be taken. (Changed per City Council
Resolution 98 -110.)
4. Vacation Accumulation
Vacation accumulation, including the current vacation earned from year to year,
may not exceed a total accumulation equal to one and one -half times the number
of hours the employee is currently earning in one y ear. The total number of
vacation hours accrued may not exceed 230 hours, except where approved in
writing by the City Manager.
7.4 Sick Leave Regular Full -Time Employees
1. Sick leave with pay shall be granted to probationary and regular full -time
employees for each calendar month of full -time service or major fraction thereof.
26 November2005
i
City of Brooklyn Center
Sick leave shall accrue at the rate of eight hours per month until 960 hours have
been accumulated. After 960 hours have been accumulated, sick leave shall
accrue at the rate of four (4) hours per month, and simultaneously vacation leave,
in addition to regular vacation leave accrual, shall accrue at the rate of two (2)
hours per month. Employees using earned sick leave shall be considered to be
working for the purposes of accumulating additional sick leave.
In the best interest of the City, an advance of a maximum of 96 hours of sick leave
which must be earned before additional hours accumulate may be granted by the
City Manager to newly hired employees who have a minimum of five years of job
experience which is directly related to the position for which they are hired.
Sick leave may be taken only to the extent that it is earned. Sick leave may be
used for illness, injury, employee assistance program, or by necessity for medical
or dental care. Sick leave may be used by the employee to care for the employee's
spouse, dependents, children, or parents in case of illness or as otherwise
approved by the City Manager. The City Manager may require a medical
certificate as may be deemed necessary before approving the utilization of sick
leave.
2. Sick Leave Request
Employees must notify their immediate supervisor on the first day of sick leave
and each day of sick leave request before the start of his or her shift unless
otherwise required by the supervisor. When possible, sick leave must be
requested in advance.
3. Sick Leave Severance
Severance pay in the amount of one -third the accumulated sick leave employees
have to their credit at the time of resignation, retirement, or death shall be paid to
employees who have been employed for at leave five consecutive years. If
discharged for cause, or lack of appropriate notice, severance pay shall not be
allowed.
Employees hired after 1/1/92 and having 25 years of continuous service at the
time of separation, shall be paid 40% of their accumulated sick leave into the City
authorized Health Care Savings Plan. In the event that the retiree benefit in effect
on September 1, 2005 is completely eliminated by the employer for employees
hired before 1/1/92, the sick leave severance pay for employees hired prior to
1/1/92 and having 25 years of continuous service will be paid at 40% of their
accumulated sick leave into the City authorized Health Care Savings Plan. If
discharged for cause, severance pay shall not be allowed. (Added per City
Council Resolution 2005 -163.)
7.5 Official Record Sick, Vacation, and Compensatory
The City's computerized payroll system is the official record for sick, vacation and
compensatory balances.
27 November2005
I
Ci ty Council Agenda Item No. 7a
Office of the City Clerk
City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: September 25, 2006
SUBJECT: COUNCILMEMBER CARMODY: Requested Changes to Minutes
Councilmember Carmody requested the following changes to the September 11, 2006 Work
Session:
Pat-e 3
Councilmember Carmody stated disappointment of the loss of a candidate that she believed was
due to a data request by Councilmember Niesen
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
MT City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: September 25, 2006
SUBJECT: COUNCILMEMBER O'CONNOR: Requested Changes to Minutes
Below is a change to the minutes of the September 11, 2006, Regular Session and Work Session
as requested by Councilmember O'Connor.
Regular Session Page 2
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor
Myrna Kragness at 7-:09 7:10 p.m.
Work Session Pase 1
The Brooklyn Center City Council /Economic Development Authority (EDA) met in Work
Session and was called to order by Mayor/President Myrna Kragness at 5:00 9:06 p.m.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
SEPTEMBER 11, 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 Interim City Manager Curt Boganey, Director of Fiscal
and Support Services Dan Jordet, and Deputy City Clerk Camille Worley.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Niesen stated she will request removal of item 7c. from the consent agenda. She
inquired about the delinquent utility accounts and asked who in the City decides what will be
written off. Interim City Manager Curt Boganey responded that if the utility account is
delinquent, it is certified to the property taxes, however the City Council has a policy that if the
property changes hands during the time the certification list is being compiled and the services
were incurred by the previous owner, the City does not hold the new owner responsible for the
bill. He stated this policy then directs the City to attempt to collect from the previous owner and
if unsuccessful in that attempt, the amount may be written off.
Director of Fiscal and Support Services Dan Jordet stated it is the responsibility of the Utility
Billing Clerk to determine which accounts are to be certified to the property taxes. He stated the
City has instructed the Utility Billing Clerk to act in favor of the City Council's policy and its
past practices. He explained that additional staff members do not review the calculation of
accounts to be certified; however the auditors suggested that the calculation be spot checked by
someone other than the Utility Billing Clerk.
Councilmember Niesen inquired about the City's General Ledger and Claims Report that include
all checks written by the City. Mr. Jordet explained that the City has a General Ledger and a list
of account payments not including payroll that is compiled weekly. He stated the General Ledger
is the overriding ledger of the record of actions that take place.
a ents to the City and the
the process of accounting for ty
The City Council and Staff discussed p g payments Y
organization of accounts.
Councilmember Niesen inquired about an outstanding $6,000 bill for the Days Inn. She stated
concern that the taxpayers would be paying the outstanding water bill if the property were
acquired by the City. Mr. Boganey explained that commercial and residential properties are
treated the same. Mr. Jordet explained that if the delinquent utility account is certified to the
09/11/06 1 DRAFT
property taxes, that amount would be deducted from the seller's proceeds at the completion of
the transaction.
Councilmember Carmody inquired about various accounts where listed owners are deceased and
asked how the City collects from those properties. Mr. Jordet explained that if the utilities were
incurred in the deceased party's name, it would be charged in their name. He further explained
that if the City is not informed of the sale of the property, the City makes no changes to the
account. He stated if the current owner notifies the City of the change of name on the account,
the matter is then usually resolved.
Councilmember Niesen requested a key of the codes listed on the Delinquent Utility Accounts
report for clarification.
The amendments to the August 28, 2006, Study Session, meeting minutes were discussed and it
was the majority agreement of the City Council to make the following amendments:
August 28, 2006 Studv Session. Page 2
August 21, 2006 Joint Work Session w/ Financial Commission, Page 2:
Mr. Boganey discussed the Revenues by Source 2002 -2007 Fiscal Years, General Fund Revenue
by Source at $1,229,000 LGA. In response to Councilmember O'Connor's inquiry, he stated a
3% wage increase is proposed. He discussed the difference if the full amount of LGA is used or
is not used. He discussed Major Funding Sources Property Taxes with $667,665 of LGA for
Operations verses the use of $1,229,388 of LGA for Operations. He stated the difference in the
property tax levy if the full amount LGA is used verses it not being used'. °GO /3. He stated the
increase in property taxes would be 2.85% if $667,665 of LGA was used for Operations, which
would be a greater increase than last year, which was 2.72
The City Council discussed the use of Councilmember X stated she had nothing to report" in
the area of Council Reports in the minutes and whether it is appropriate to list each
Councilmember and if or if not they had anything to report.
Councilmember Niesen stated she would support not including those who do not report.
Mayor Kragness explained that the minutes reflect exactly what is said because she invites each
Councilmember to report, and if they decline, the minutes are reflecting that.
Councilmember Lasman stated preference that it be left the way it was presented in the minutes,
so that all members are recognized during the Council Report.
The majority consensus of the City Council was to include each member's report, even if they
had nothing to report.
Councilmember Niesen stated disappointment that her written statements submitted for the
July 10, 2006, City Council meeting were not considered in the manner in which she intended.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
RECOMMENDATION REGARDING INVESTMENT POLICY MODIFICATIONS PER
AUDIT (TENTATIVE REQUEST) CITY MANAGER
09/11/06 2 DRAFT
i
Mr. Boganey stated there was no quorum for the Financial Commission meeting, therefore the
meeting was rescheduled for September 19, 2006, and it will be back on a Work Session agenda
following that meeting.
CHARTER COMMISSION PROPOSED AMENDMENTS
Mr. Boganey stated the proposed changes to the Charter have been reviewed by the City
Attorney who has no objection. He stated it requires a unanimous vote by the City Council for
the changes to be effective. He requested direction from the City Council. He asked if this item
should be placed on the agenda as a recommendation or returned to the Charter Commission for
further consideration.
The City Council discussed the proposed changes to the Charter.
Councilmember O'Connor indicated that she would like to omit the word "registered" and not
require citizens to be registered in order to participate in a petition.
Mr. Boganey explained that if the Charter requires the citizen signing the petition to be
registered, the City Clerk can confirm that registration by checking the State voter registration
database, however if the Charter does not require them to be registered, it would be difficult to
check if the individual is an eligible voter. He stated if the Charter does not require the word
"registered," the filing individual would most likely need more than 50 petitioning signatures so
that at least 50 registered voters are found on the petition.
The City Council discussed the codification, availability of the documents on the City's website,
and charges for copies of the document. They discussed recommendations of the previous City
Manager regarding "general distribution." Mayor Kragness read from the minutes of a previous
meeting that discussed the fact that charging for just one page may not be effective.
Councilmember Niesen stated she picked up copies of a document and was charged a fee per
page and stated objection to that, being a City Councilmember. She stated she would like to see
everyone charged the same fee for copies of documents.
Mr. Boganey discussed the State law which states that for 100 pages or less, $.25 per page for
black and white copies is a reasonable charge. He stated this does not mean that the City has to
charge $.25 per page; however 99% of the time, when a request for public data is submitted, the
customer is going to be charged $.25 per page. He stated this does not prevent the City from
giving away copies of information that it wants the general public to have.
ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded to close the Study
Session at 6:46 p.m.
Motion passed unanimously.
is City Clerk Mayor
09/11/06 3 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
SEPTEMBER 11, 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 6:47 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen,
and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works
Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City
Clerk Camille Worley.
Mayor Kragness opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal
Open Forum at 6:47 p.m.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded to reopen the Informal
Open Forum at 6:48 p.m.
Motion passed unanimously.
Tim Roche thanked the City Council and the City Manager for planning decisions that have been
made, such as the Northbrook site. He stated he saw the idea for an additional opportunity site of
Brookdale Square and suggested that a dialogue with the new owners of the property be
encouraged to compare goals for the property. Interim City Manager Curt Boganey stated the
City is aware of the sale and has had very preliminary discussions with the broker and in the
future, the City will have additional discussions on the property. Mr. Roche stated the new City
Manager is going to have a big responsibility in regard to redevelopment and stated the Planning
Commission supports the City Council as a body, and he is confident that sound business
decisions will be made. He complimented the City for a job well done.
Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal
Open Forum at 6:54 p.m.
09/11/06 1 DRAFT
Motion passed unanimously.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT AUTHORITY
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 6:55 p.m.
Motion passed unanimously.
Mayor Kragness called the meeting of the City of Brooklyn Center City Council to order at 7:08
p.m.
2. INVOCATION
Mayor Kragness requested individual prayers for the people lost and the survivors of the
September 11, 2001, terrorist attacks.
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 7:08 p.m.
4. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen,
and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Public Works
Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City
Clerk Camille Worley.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Lasman reminded the public to vote during the primary election tomorrow,
Tuesday, September 12, 2006. She stated to call City Hall if assistance is need9d in finding the
appropriate polling place. She stated everyone should be aware of their privilege to vote.
Councilmember O'Connor stated she had nothing to report.
Councilmember Niesen thanked the host/hostesses of St. Alphonsus Church who hosted some
community discussions on democracy in the community.
Councilmember Carmody announced that Eileen Oslund, a long time member of the Charter
Commission has suffered two heart attacks and has been transferred to a nursing home and stated
she hopes she has a fast recovery.
09/11/06 2 DRAFT
Mayor Kragness stated the ISAIAH meeting was very informative and stated the majority of the
Council was there along with State Representatives, City Council/Mayoral candidates, and
members of the School Board. She discussed the Brooklyn Center High School band that
received a Grammy Award and was brought to Washington D.C. to be honored. She read the
information regarding the Brooklyn Center Jr. and Sr. High School Bands and the award they
received for their music program. She stated they make the City of Brooklyn Center very proud
and stated the music teacher is great with the kids. She also stated that in the Business Section of
the Star Tribune, Brooklyn Center's development of the Opportunity Site was recognized as a
Hot Property. She stated there are two new businesses in the City, Express Wear and Cl Buffet.
She commented on how wonderful the food is at the C1 Buffet.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent
agenda and agenda as amended with the removal of Item No. 7c. from the Consent Agenda to
Council Consideration Item No. 10f. and amendments to the August 28, 2006, Study Session
minutes as discussed at the Study Session. The following consent items were approved:
7a. APPROVAL OF MINUTES
1. August 28, 2006 Special Session
2. August 28, 2006 Study Session
3. August 28, 2006 Regular Session
4. August 28, 2006 Work Session
7b. LICENSES
TOBACCO RELATED PRODUCT
Sun Foods, Inc. 6750 Brooklyn Blvd
SIGNHANGER
Express Signs Balloon's, Inc. 19320 Yucon Str NW, Cedar
MECHANICAL
Kramer Heating, Inc. 7441 Dallas Court, Maple Grove
G -HVAC 16036 Mallard Way SE, Prior Lake
Hendricks Mechanical, LLC 16730 County Road 6, Plymouth
RENTAL
Renewal
(There were no calls for service for the following)
3715 69 Ave N (Two Family, 1 Unit) Gary Olson
5337 70 Circle (Single Family) Gary Bistodeau
5501 Brooklyn Blvd (Single Family) Mainsl Properties
6765 Humboldt Ave N (Single Family) Suburban Properties
09/11/06 3 DRAFT
Initial
(There were no calls for service for the following)
5219 Ewing Ave N (Single Family) Daniel Brewer
4216 Lakebreeze Ave (1 Bldg, 4 Units) Ita Ekah
Motion passed unanimously.
8. PRESENTATIONS
Susan Blood, Executive Director, Northwest Hennepin Human Services Council presented the
following information: NWHHSC Contributions to the City of Brooklyn Center, Community
Profile 2006, Fall Job Fair, Car Care Saturday, Peace Walk and Candlelight Vigil, Agency
Mission and Beliefs, 2006 Senior Spring Forum, Kids Count Coffee, Guild to Human Services,
and other various program information.
Councilmember O'Connor inquired about the organization's charitable acts.
Ms. Blood explained that Northwest Hennepin Human Services Council does not do direct
service as to not compete with the other service providers.
Councilmember O'Connor stated she thinks the organization is a duplication organization and
taxpayers do not need to pay for the Northwest Hennepin Human Services Council. Ms. Blood
responded that funding is routed to areas of need.
Mayor Kragness stated appreciation of the organization and stated that if the City had to pay for
the services they provide, it would be costly.
9. PUBLIC HEARING
9a. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER
CODE OF ORDINANCES RELATING TO THE REGULATION OF LIQUOR
THIS ITEM WAS FIRST READ ON AUGUST 14, 2006; PUBLISHED IN THE
OFFICIAL NEWSPAPER ON AUGUST 24, 2006; AND IS OFFERED THIS
EVENING FOR SECOND READING AND PUBLIC HEARING
Interim City Manager Curt Boganey explained that this is the second reading for the ordinance
amendment. He stated the majority purpose is to eliminate duplicate information and that
information that is included in the State Statute. He stated there is a proposed microbrewery
application to sell growlers. He stated if adopted, the ordinance would take effect on October 21,
2006.
Councilmember Lasman moved and Councilmember Carmody seconded to open the Public
Hearing on An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to the
Regulation of Liquor.
Motion passed unanimously.
No lic p uinput was offered.
p
09/11/06 4 DRAFT
Councilmember Carmody moved and Councilmember Lasman seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded to adopt ORDINANCE
NO. 2006 -04 Amending Chapter I 1 of the City Code of Ordinances Relating to the Regulation
of Liquor.
Councilmember O'Connor asked if the ordinance amendment would allow the liquor stores to be
open on different days than currently. Mr. Boganey responded no and explained that this
ordinance reaffirms the actions of the City Council regarding the change in hours for the liquor
stores.
Councilmember Niesen asked if the City is adopting the ordinance amendment for the purpose of
staying consistent with the State and asked why the City veered from being consistent with the
State to begin with. Mayor Kragness stated the State changed their laws and the City did not.
City Attorney Charlie LeFevere explained that the City adopted an ordinance based on the
League of Minnesota Cities model which has since been updated.
Motion passed unanimously.
9b. RESOLUTION NO. 2006 -99 CERTIFYING SPECIAL ASSESSMENTS FOR
DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN
COUNTY TAX ROLLS
Mr. Boganey announced the public hearing and explained that the City Council certifies the
delinquent utility accounts to property taxes. He stated the list distributed is the list to be
certified.
Councilmember Lasman moved and Councilmember Carmody seconded to open the Public
Hearing on a Resolution Certifying Special Assessments for Delinquent Public Utility Service
Accounts to the Hennepin County Tax Rolls.
Motion passed unanimously.
Cassandra Floyd, 5546 Emerson Ave explained that she rents the property in question in which
her mother owns, who is not paying the utilities or taxes.
It was the majority consensus of the City Council to remove the property from the list of
accounts to be certified and directed Ms. Floyd to discuss the matter with Public Works
Director /City Engineer Todd Blomstrom.
Paul Miantona and Mercy Kilikpl, 3713 53` Place N, explained that the bill was incurred by the
previous owner and feel they should not be held responsible for the charges.
09/11/06 5 DRAFT
It was the majority consensus of the City Council to remove the property from the list of
accounts to be certified to attempt to collect the delinquent amount from the previous owner and
i directed Mr. Miantona to discuss the matter with Public Works Director /City Engineer Todd
Blomstrom.
Councilmember Carmody moved and Councilmember Lasman seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember O'Connor seconded to adopt
RESOLUTION NO. 2006 -99 Resolution Certifying Special Assessments for Delinquent Public
Utility Service Accounts to the Hennepin County Tax Rolls with the removal of 5546 Emerson
Ave and 3717 53 Place N from the list of accounts to be certified pending further investigation.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. PROCLAMATION DECLARING OCTOBER AS FIVE CITIES SENIOR
TRANSPORTATION 20 ANNIVERSARY MONTH
Mayor Kragness read the Proclamation aloud.
Councilmember Lasman moved and Councilmember Carmody seconded to adopt the
Proclamation Declaring October as Five Cities Senior Transportation 20 Anniversary Month.
Councilmember O'Connor voted against the same. Motion passed.
10b. RESOLUTION NO. 2006 -100 RELATING TO NORTHWEST HENNEPIN
HUMAN SERVICES COUNCIL; AUTHORIZING THE EXECUTION AND
DELIVERY OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT
Mr. Boganey explained that the proposed Resolution will amend the Joint and Cooperative
Agreement. He stated it is important to bring into conformance the bylaws and activities of the
organization along with the language. He stated he does not believe any of the changes represent
a change in the relationship between the member organization and the Northwest Hennepin
Human Services Council, however by making the change; both documents will be consistent
with State law.
Councilmember Niesen moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006 -100 Relating to Northwest Hennepin Human Services Council;
Authorizing the Execution and Delivery of an Amended Joint and Cooperative Agreement.
Councilmember O'Connor voted against the same. Motion passed.
09/11/06 6 DRAFT
10c. RESOLUTION NO. 2006 -101 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
Mr. Boganey stated it is the recommendation of City staff that the City Council approve the
Declaration of Public Nuisance so that the diseased trees can be removed.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006 -101 Declaring a Public Nuisance and Ordering the Removal of
Diseased Trees.
Mayor Kragness stated the number of trees needing removal are reducing as time goes on, which
is good.
Councilmember O'Connor voted against the same. Motion passed.
10d. RESOLUTION NO. 2006 -102 AUTHORIZING THE EXECUTION OF
AGREEMENT FOR THE SAFE SOBER COMMUNITIES GRANT
Mr. Boganey stated this authorizes execution of an agreement for a $42,000 grant, which is
shared with Brooklyn Park. He stated these funds are used to cover Police Officer overtime
needed to enforce the laws associated with alcohol consumption.
Councilmember O'Connor pointed out that the Resolution is for the enforcement of seat belt
safety. Mr. Boganey stated he stood corrected.
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2006 -102 Authorizing the Execution of Agreement for the Safe Sober
Communities Grant.
Councilmember O'Connor voted against the same. Motion passed.
10e. 2007 PRELIMINARY BUDGET AND TAX LEVY REPORT
1. RESOLUTION NO. 2006 -103 APPROVING A PRELIMINARY TAX
CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE
FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND
REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE
IN 2007
Mr. Boganey explained that the State requires the City Council to take action to adopt the
preliminary General Fund Budget and to adopt the levy for property taxes payable in 2007. He
stated the City is not required to hold the Truth In Taxation Hearing because the amount of levy
increase is below the threshold. He stated it is anticipated that the budget adoption and final
hearing is on December 11, 2006, at 7:00 p.m. He stated this is a preliminary budget and levy,
not the final budget or levy. He stated the levy amount can not be increased, only be decreased
by the City Council. He stated the overall levy increase is $331,328 or a 2.85% increase over
last year. He stated the City will receive $1,229,388 in Local Government Aid due to recent
09/11/06 7 DRAFT
changes in the formula used by the State. He discussed the distribution of the Local Government
Aid money.
Councilmember Lasman inquired about the online registration of Park and Recreation services.
Mr. Boganey responded by explaining that funding may be available for such an upgrade in the
Technology Fund due to the extra LGA money.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006 -103 Approving a Preliminary Tax Capacity Levy for the General
Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment
Authority for Property Taxes Payable in 2007.
Councilmember O'Connor asked why the Police Department's Administration budget must
increase. Mr. Jordet explained the transfer of duties and positions within the Police Department's
Administration Department. He further explained that the Police Chief requested extra funding
for adjustment to the positions and their duties, so that money is available to make wage
adjustments once duties are redistributed. Councilmember O'Connor inquired about the
consultant that was hired as an employee. Mr. Jordet explained that there are three employees in
Administration in 2006 and in 2007. He stated the Lieutenant moved to Investigations. He stated
the contract employee was hired as a permanent employee. He stated the contract costs were not
reduced in the budget because they were not budgeted in previous years. He stated the costs will
move from department costs to employee costs, which is only a change in classification.
Councilmember Niesen stated concern that the savings amount is not what was originally
proposed. The City Council and Staff discussed the funding needed and changes to the dynamics
of the Police Department
Councilmember Niesen discussed that Brooklyn Center's property taxes are too high and stated
concern for the affordability for citizens.
Councilmember O'Connor moved and Councilmember Niesen seconded to amend the previous
motion, changing the increase in wages to 2
Mayor Kragness, Councilmember Carmody, and Councilmember Lasman voted against the
same. Motion failed.
Councilmember O'Connor and Councilmember Niesen voted against the original motion.
Motion passed.
2. RESOLUTION NO. 2006 -104 ADOPTING A PRELIMINARY BUDGET
FOR THE 2007 FISCAL YEAR
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-104 Adopting a Preliminary Budget for the 2007 Fiscal Year.
Councilmember O'Connor voted against the same. Motion passed.
09/11/06 8 DRAFT
3. RESOLUTION NO. 2006 -105 SETTING THE DATES FOR TRUTH IN
TAXATION PUBLIC HEARINGS FOR FISCAL YEAR 2007
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2006-105 Setting the Dates for Truth in Taxation Public Hearings for Fiscal
Year 2007.
Motion passed unanimously.
10f. (FORMERLY CONSENT AGENDA ITEM No. 7c.) SET DATE AND TIME OF
SPECIAL SESSION TO INTERVIEW CANDIDATES FOR THE POSITION OF
CITY MANAGER FOR SATURDAY, SEPTEMBER 16, 2006, AT 8:00 A.M. AT
THE MORGAN ROOM AT EARLE BROWN HERITAGE CENTER, 6155
EARLE BROWN DRIVE
Councilmember Lasman moved and Councilmember Carmody seconded to Set Date and Time of
Special Session to Interview Candidates for the Position of City Manager for Saturday,
September 16, 2006, at 8 :00 a.m. at the Morgan Room at the Earle Brown Heritage Center, 6155
Earle Brown Drive.
Motion passed unanimously.
11. ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 8:43 p.m.
Motion passed unanimously.
City Clerk Mayor
09/11/06 9 DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
SEPTEMBER 11, 2006
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session and was called to order by Mayor/President Myrna Kragness at 8:00 p.m.
ROLL CALL
Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay
Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt
Boganey, Community Development Director Brad Hoffman, and Deputy City Clerk Camille
Worley.
CHARTER COMMISSION PROPOSED AMENDMENTS
Councilmember Lasman stated the proposed amendments for Section 4.04 in that a fee of $25 is
acceptable to her.
The City Council discussed the proposed changes to Section 4.04. Interim City Manager Curt
Boganey explained that the Charter Commission felt that requiring those signing a petition to be
registered voters, eligible to vote is appropriate. He pointed out that it might be appropriate to
omit the words "Minnesota Affidavit of Candidacy" because there is not State Law that requires
the City to use the "Minnesota Affidavit of Candidacy." He explained that if the State
discontinued providing the "Minnesota Affidavit of Candidacy," the City would be required to
create its own Affidavit, thus requiring a Charter amendment. The City Council discussed this
issue and it was the unanimous consensus to remove the word "Minnesota" from this section of
the Charter so that it reads: "Affidavit of Candidacy."
It was the unanimous consensus of the City Council also to amend Section 4.04 to state: "File by
Fee or by Petition" in the title of Section 4.04.
The City Council discussed the fee or reasonable charge. Mr. Boganey stated if the language is
left as presented, the data practices law clearly establishes what should be charged for provided
copies. He stated a problem could occur if the City did not want to charge someone for
documents, due to the way it is presented. He stated the State Law does not say that the City has
to charge everyone for every page received from the City. He stated if the language is adopted,
will it be interpreted that charges must occur.
09/11/06 1 DRAFT
Councilmember Niesen discussed that she was charged $.25 per page and stated if the City is
going to give Staff the discretion to charge or not, Councilmembers should not be charged. Mr.
Boganey stated Councilmember Niesen was charged for information she requested as a citizen,
not as a Councilmember per her public data request. He stated if Councilmember Niesen were
directed by the City Council to come into the office and collect information or if she came in
requesting information as a City Council member, she would not be charged.
The City Council discussed the language and what should be charged for documents. It was
discussed that charging for less than (for example) three pages, would not be cost effective.
The City Council discussed and determined that the following language is appropriate: "for
general distribution to the public in accordance with Council policy." Mr. Boganey stated these
changes should be forwarded to the Charter Commission for further consideration.
Councilmember Niesen proposed that the $.25 per page be reduced. The Council discussed this
proposal and pointed out that the $.25 per page includes the labor to retrieve the document,
photocopy, and then return it to its original location.
COUNCIL CANDIDATE PACKET REQUEST NOT ON THE AGENDA
Mr. Boganey discussed the matter in which Council Candidate Dan Ryan requested a complete
City Council packet. He stated he felt the Council Candidates should be able to pick up a copy
of the packet, due to a set precedence in that the SunPost receives a complete packet at no
charge. He stated the City can charge the candidates or it can continue to provide the copies. He
suggested the City not mail the documents unless the candidate is reimbursing the City for
postage.
Councilmember Niesen stated concern that confidential information is included in the packet.
Mr. Boganey stated confidential information would not be distributed to parties other than the
City Council.
The City Council discussed the matter and determined by majority consensus that after the
Primary Election, those Council Candidates who make a request prior to the Wednesday before
the City Council meeting may pick up a packet on the Monday of the City Council meeting.
RECOMMENDATION REGARDING INVESTMENT POLICY MODIFICATIONS PER
AUDIT (TENTATIVE REQUEST) CITY MANAGER
Councilmember Niesen requested that this item be reopened for discussion. Councilmember
Carmody stated the item was already discussed and the City Council has moved on.
Councilmember Lasman stated the Financial Commission was to meet before the City Council
discusses the item. Mr. Boganey stated if Councilmember Niesen submits her questions, he will
provide answers for her.
09/11/06 2 DRAFT
COMMUNICATIONS WITH KARL NOLLENBERGER COUNCILMEMBER
CARMODY
Councilmember Carmody stated it is important that all communications go through Karl
Nollenberger of The PAR Group in order to keep all City Councilmembers equally informed.
Mayor Kragness and Councilmember Lasman stated agreement.
Councilmember Carmody stated disappointment of the loss of a candidate due to a data request
by another Councilmember.
MISCELLANEOUS
Councilmember Carmody discussed that the letter sent to the Watershed Commission regarding
the levy cap by the City Council was not forwarded to or discussed by the Watershed
Commission.
Councilmember Niesen discussed the lack of Financial Commissioners and stated there are not
enough people to compose a Financial Commission. Mayor Kragness discussed efforts taken to
recruit people for the commission and discussed the idea of business owners being targeted for
Financial Commission recruitment. It was the majority consensus to add an item to the Work
Session regarding Financial Commission member recruitment.
Councilmember Niesen stated she would like to form an Audit Committee composed of a few
Councilmembers. Councilmember Lasman stated preference that all Councilmembers be present
when addressed by the Auditors. The City Council discussed options for meeting with the
Auditors. It was the majority consensus to forward this item a Work Session in January 2007,
when the new City Council is in office.
ADJOURNMENT
Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Carmody
seconded adjournment of the City Council/Economic Development Authority Work Session at
10:05 p.m.
Motion passed unanimously.
City Clerk Mayor/President
09/11/06 3 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
SPECIAL SESSION
SEPTEMBER 13, 2006
CITY HALL
1. CALL TO ORDER
The Brooklyn Center City Council met in Special Session as an election canvass board and was called to
order by Mayor Myrna Kragness at 5:00 p.m.
2. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody and Kay Lasman. Councilmember Mary
O'Connor arrived at 5:02 p.m. Councilmember Diane Niesen was absent and excused. Also present was City
Clerk Sharon Knutson.
3. CANVASS OF ELECTION RETURNS
3a. RESOLUTION NO. 2006 -106 REGARDING CANVASS OF SEPTEMBER 12, 2006,
PRIMARY ELECTION
The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts,
reporting ballots cast in the City of Brooklyn Center contest as follows:
Office of Mayor Ballot Count
Kathleen Carmody 584
Ed Nelson 326
Kevin Olson 98
Tim Willson 1033
J Wynia 61
Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO.
2006 -106 Regarding Canvass of September 12, 2006, Primary Election.
Motion passed unanimously.
Councilmember Mary O'Connor arrived at 5:02 p.m.
4. ADJOURNMENT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the Special Session
at 5:02 p.m.
Motion passed unanimously.
City Clerk Mayor
09/13/06 -1- 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
SPECIAL SESSION
SEPTEMBER 16, 2006
EARLE BROWN HERITAGE CENTER -THE TACK ROOM A
CALL TO ORDER
The Brooklyn Center City Council met in Special Session and was called to order by Mayor
Kragness at 8:00 a.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and
Mary O'Connor. Also present were Deputy City Clerk Camille Worley and Karl Nollenberger
from The PAR Group.
CANDIDATE INTERVIEWS,
The Council interviewed Thomas Melena. Karl Nollenberger from The PAR Group updated the
City Council with additional background investigation information for Thomas Melena.
The Council interviewed James Hurm. Mr. Nollenberger updated the City Council with
additional background investigation information for James Hurm.
The Council y interviewed Timothy Cruikshank. Mr. Nollenberger updated the City Council with
additional background investigation information for Timothy Cruikshank.
The City Council recessed at 12:05 p.m. and reconvened at 12:50 p.m.
The Council interviewed Curt Boganey. Mr. Nollenberger updated the City Council with
additional background investigation information for Curt Boganey.
The City Council participated in an anonymous poll to determine the preference of the four
candidates. After deliberation, it was the majority consensus of the City Council to hire Curt
Boganey as the City Manager. It was the majority consensus of the City Council to request Karl
Nollenberger to draft an emplacement agreement for City Council review at its next regularly
scheduled meeting.
ADJOURNMENT,
The City Council adjourned the Special Session at 3:15 p.m.
City Clerk Mayor
09/16/06 1 DRAFT
City Council Agenda Item No. 7b
OX City of Brooklyn Center
A Millennium Community
TO: Curt Boganey, Interim City M ager
FROM: Sharon Knutson, City Clerk
DATE: September 20, 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
September 25, 2006, are as follows:
COMMERCIAL KENNEL
Gentle Touch Animal Sanctuary 4900 France Ave N
LIOUOR BREWER AND BREW PUB OFF -SALE MALT LIOUOR,
Surly Brewing Company 4811 Dusharme Drive
MECHANICAL
ELK Mechanical HVAC Inc 6361 Sunfish Lake Ct., Ramsey
i Gopher Heating Sheet Metal, Inc. 12330 Ottawa Ave, Savage
Snell Mechanical Inc. 8850 Wentworth Ave So, Bloomington
SIGNHANGER
Albrecht Sign Co., Inc. 12437 Magnolia Cir NW, Coon Rapids
Apparently Graphic, Ltd. 7420 West Lake Street, St. Louis Park
RENTAL
Renewal
3007 68 Ave N (Single Family) Kao Vang
NONE
5548 Dupont Ave N (Single Family) John Lindahl
ASSAULT
5548 Dupont Ave N (Single Family) Dion Properties, Inc.
ASSAULT
(There were no calls for service for the following)
5332 Lilac Drive (Single Family) Mark Lundberg
5400 Sailor Lane (Single Family) Duane Christiansen
5925 Washburn Ave N (Single Family) Cheng Lor
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
Initial
(There were no calls for service for the following)
3713 54 Ave N (Single Family) Yer Yang
2907 64 Ave N (Single Family) Chudi Igbanugo
312464 th Ave N (Single Family) Brenda Wright
5509 Morgan Ave N (Single Family) Darrin Thomas
BURGLARY
5730 Northport Dr (Single Family) Tuyet Le
NONE
09/25/06 2
City Council Agenda Item No. 8a
MEMORANDUM
TO: Curt Boganey, Interim City Manager W FROM: Ronald A. Warren, Planning and Zoning S ahst
SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard
Between I -94 and 69 Avenue North)
DATE: September 20, 2006
On the September 25, 2006 City Council agenda is the second reading and public hearing
for an ordinance amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Easterly of Brooklyn Boulevard between I -94 and 69
Avenue North). This ordinance amendment relates to a PUD /C2 rezoning of four
contiguous lots located easterly of Brooklyn Boulevard between I -94 and 69 Avenue
North and development plan approval for a two phase redevelopment and expansion of
the Brookdale Dodge automobile dealership and the former Ryan Olds property. This
Planned Unit Development was proposed by the Luther Company Limited Partnership
and was approved by the City Council on August 28, 2006 under Council Resolution No.
2006 -98.
The last action for any rezoning is to describe the property being rezoned under its new
zoning classification in the zoning ordinance. This is the purpose of the above ordinance
amendment, which also had a first reading on August 28, 2006.
The legal description used in the ordinance amendment is that which is established by the
replatting of the property under consideration. The final plat approval by the City Council
and the filing of the plat with Hennepin County are necessary to create a new legal
description. This has not yet been accomplished and until it has been accomplished, the
legal description used in the ordinance amendment does not exist.
It is recommended that the City Council open the public hearing, take comments on the
ordinance amendment and table it to their first meeting in November, at which time the
final plat may be before the City Council.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25th day of September 2006 at
7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding
Zoning Classification of Certain Land (easterly of Brooklyn Boulevard between I -94 and 69th
Avenue North).
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN
I -94 AND 69 AVENUE NORTH)
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35 -1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The
following properties are hereby established as being within the (R3) Multiple Family Residence
District zoning classification:
The easterly 751.715 601.365 feet of that part of Lot 3, Auditor's Subdivision No. 25,
lying north of a line parallel with and distant 289.74 feet south from the centerline of 69
Avenue North. formerly County Road No. 130.
Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are
hereby established as being within the (C2) Commerce District zoning classification:
Th F f T o Registered T 9 f' the fo llowing
vr- rrac rrrT CEgi��E `rcazarr�=ui�o��6� 55 1 �Trprir���=
lin ..ty li o f L 1 4ffeugh it Bleek 7 C e M A.111;t
.1 ,1 t, lit li t th i 4 li f T, ,..t A D T S
c� r6rrcziri�cv cnc iivrcn xixi
Leis 1 gffougk ,-r, Blee E 3 c Lots�7 4wo 1, 1 n u Yeek 2, an th pe tio ,•:c
t d) 14 h f A.. 1.4 1. th t y, l oe l 11 withi S tffl l se Aa
Additien.
T.- T2 Registered La ll Su yey Ne 170
Tr-a..4 A Registered Land C,,, No 1020.
ORDINANCE NO.
T t A d 1? 7 R eg i s tered tered Land C,,, yey N 4 5
T rr aet A, erect ran Sun ey No. 457.
d G R T and C',,, yey N GnG
Th paFt S A 25 d b d a s f Ge
th ,tl, li t' 2A d;�t,,,t 7G1 '71 7 4 t t th-
c eetien distapA 751 71 7 i
poin
&em the nefth line of Seefien 34; thenee west aleng a line parallel to and-289 feet
7
a sa id wes 1' f L o t 3 th mee n e fthw este r 4 y 1 v g 1 J l- t
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i
exeept read and highway.
7
Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The
following properties are hereby established as being within a (PUD) Planned Unit Development
zoning classification:
4. The following properties are designated as PUD /C2 (Planned Unit
Development/Commerce):
Lot 1. Block 1. Chrvsler Realtv Addition
Lots 1 and 2. Block 1. Bri Mar 2nd Addition
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2006.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
City Council Agenda Item No. 9a
RROO of Office of the City Clerk
CENTER
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: September 21, 2006
SUBJECT: City Manager Employment Agreement
Karl Nollenberger, The PAR Group, transmitted via e-mail the attached City Manager Employment
Agreement for Council review.
Attachment
City Manager Employment Agreement
City Manager Employment Agreement
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement is
made and entered into by and between the City of Brooklyn Center, a Minnesota municipal
corporation (hereinafter referred to as the "City and Cornelius L. Boganey (hereinafter referred
to as the "Manager as of the 25th day of September, 2006.
WHEREAS, the City wishes to engage the services of the Manager as a professional
employee; and
WHEREAS, the parties wish to set forth the terms and conditions of their relationship in
this contract in order to assure the requisite flexibility to enable the Manager to function as the
City's chief administrative official; and
WHEREAS, the nature of the Manager's position requires continued professional
training and attendance at meetings during evenings and other non traditional work times.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
agreement, City and Manager agree as follows:
Section 1. Emplovment. Manager shall be employed by the City as City Manager
commencing on the 26th day of September, 2006.
Section 2 Duties. The duties of the Manager's position shall be as set forth in the City's
Charter and ordinances and such other duties which are consistent therewith as may be assigned
from time to time by the City Council.
Section 3. Discharge of Duties. Manager shall be paid a salary as a professional
employee and shall not be paid overtime for hours in excess of 40 hours per week and similarly
shall be able to be absent in consideration of extraordinary time expenditures. The discharge of
Manager's duties requires work outside the normal work day for meetings and projects. To that
end, the Manager will work flexible hours as is necessary to Manager to discharge the duties of
his position.
Section 4. Evaluation. Manager shall be evaluated on the performance of his duties in
July of 2007 and at least annually thereafter by the City Council as a whole. Such evaluation
shall be based on the written goals established by the City Council and the general duties set
forth in Section 2 of this Agreement.
Section 5. Particivation in EmiDlovee Benefits.
A) Health Insurance. The City shall provide health insurance coverage for the
Manager in the same fashion as it provides health insurance for non -union employees.
B) Life Insurance. The City shall provide life insurance coverage for the Manager in
the same fashion as it provides life insurance for non -union employees.
4-
C) Except as otherwise specified within this Agreement, Manager shall receive or be
eligible to participate in any other benefits provided for non -union employees generally.
Section 6. Vacation and Holidays. Manager shall accrue days of vacation on the first
day of each month equal to an annual rate of 20 days per year. Manager may accrue vacation to a
maximum accumulation of 200 hours. Manager shall not be required to use vacation leave except
for a whole day's absence from performing Manager's duties. The Manager may, at Manager's
discretion take %2 day increments of vacation leave for an absence from the performance of
Manager's duties.
Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to
payment for all accrued and unused vacation leave at the Manager's then current rate of
compensation.
Manager shall also have the same paid holidays off from work as the City's non -union
employees.
Section 7. Sick Leave. Manager shall accrue days of sick leave at the same rate as other
non -union employees.
Upon leaving the City's employ, for whatever reason, the Manager shall be entitled to
payment for all unused sick leave in accordance with the provision of the City's personnel code
applicable to non -union employees.
Section 8. Compensation.
t
A Initial Salary. Manager's initial salary a th e commencement of this contract
Y
shall be $115,000 per year. Such salary shall be paid at the intervals customarily used for other
city employees.
B) Evaluation and Salary Increases. The City Council shall evaluate the performance
of the Manager in July of 2007 and annually thereafter. The Manager's salary shall be increased
to $119,000 effective July 1, 2007, if Manager's performance is deemed to be satisfactory.
Thereafter, the Manager's salary shall be reviewed and considered at the same time as
the City. An changes es in the Manager's
non-union employees ees of C g
consideration of salary for other un p y Y Y g
salary shall be pursuant to the written agreement of the Manager and the City.
C) Personal Auto Usage. Manager shall be reimbursed for personal automobile use
for trips, meetings, work, and other use related to his employment at the rate consistent with
Internal Revenue Service regulations.
D) Professional Membership Dues and Professional Subscriptions. The City will
pay the cost of membership in the International City /County Management Association, the
Minnesota City /County Management Association, and like organizations and subscriptions to
professional journals and publications.
-2-
E) Participation in Professional Training/Development. The City will pay the cost of the
anager's participation and attendance at the ICMA Annual Conference or similar national training
`opportunity, MCMA Annual conference, League of Minnesota Cities Annual Conference and miscellaneous
professional training programs offered within the State of Minnesota.
Section 10. Expenses Incurred in Performing Duties. The City shall reimburse or directly pay for
e Manager that are directly related to performing Manager's
actual expenses reasonably g
ac p Y incurred by th
duties. The parties contemplate that the Manager will incur expenses for travel, attendance at meetings, etc.
The Manager will be reimbursed for use of the Manager's personal car at the current IRS rate.
Section 11. Retirement Benefits, The City shall pay the employer's portion of the Minnesota Public
Employment Retirement Association contribution on Manager's salary. The Manager shall, in addition to
the retirement benefits provided above, be allowed to participate, at Manager's own expense, in IRS
approved deferred compensation plans offered through the City.
Section 12. Discontinuance of Emplovment Relationship. The Manager shall be removable by the
City Council at will subject only to the limitations imposed by the City Charter. Understanding that the
Manager serves as the chief administrative official for the City and Manager's employment status can be
affected by political influences that are independent of job performance, the parties wish to make
arrangements that reflect the realities of the marketplace and are necessary to recruit qualified persons. The
parties es wish to assure flexibility for the council, while providing for the ability of the Manager to perform
p
Manager's duties without undue concern for Manager's financial security should the need arise to seek new
employment. Therefore, the parties have made concessions and the Manager, as part of Manage.'s
to
p
compensation agreement has made concessions in the amount of salary and other forms of compensation in
return for the covenants contained in this section 12 relating to the discontinuance of the employment
relationship.
A) Manager shall give the City 30 days notice prior to discontinuing Manager's employment,
where there has been no event constituting an involuntary separation as hereinafter set forth.
B) In the event an "involuntary separation" occurs, the Manager may choose to resign prior to the
effective date of any formal action by the City to terminate Manager's employment.
C) Definitions. For purposes of this Agreement the term "involuntary separation" shall mean a
formal request adopted at a public meeting by the City Council that the Manager resign or an action adopted
by the City Council terminating this Agreement. The term "involuntary separation" shall also mean the
resignation of the Manager within 30 days of the effective occurrence of any of the following:
i) A change in the form of government at the City due to the adoption, amendment
p
or repeal of a home rule charter, election to adopt or repeal a particular statutory
g
form of government other than for a Plan B statutory form of government), or an
ordinance /resolution changing the City's organizational structure that diminishes
or reassigns the Manager's authority.
-3-
I
ii) A fundamental change in the duties and authority of the Manager adopted by the
City Council, by special or general election, or by referendum or initiative such
that the City of Brooklyn Center's status as a council- manager plan city is
changed by ICMA to some status other than a council manager form of
government.
D) Payment upon Involuntary Separation. In the event of an involuntary separation, whether
through a resignation or resolution/motion terminating the Agreement, the Manager shall be entitled to the
following:
a) Payment of all accrued vacation and sick leave at its full value at the Manager's current
rate of pay.
b) Payment by the City of the full cost of family health insurance, at level of coverage in
effect just prior to the involuntary separation for a period of 12 full months from the date such
involuntary separation becomes effective. In addition, the Manager shall be entitled, at
Manager's own cost to continue participation in the City's group insurance plans for at least 18
months after the City is no longer required to make full payment of premiums for Manager's
insurance coverage, provided the City's group insurance plan authorizes such continued
participation.
c) Severance Payment. The Manager shall receive the following severance benefits:
i) Six (6) months salary computed at' /2 the Manager's gross annual wages.
d Time of P Y a ment. All payments due under this section shall be paid by noon on the day
after the separation becomes effective.
F) Payment Upon Voluntary Termination. Upon the Manager's voluntary termination of
employment, he shall be entitled to full payment by the next following pay period of:
a) Payment of all accrued vacation and sick leave at its full value at the Manager's current
rate of pay.
b) Payment of all wages for days worked since the last payroll period prior to separation.
G) Nothing herein shall be deemed a waiver of any rights or claims that either party may have
beyond the compensation due in the normal course of the separation of the Manager from the City's employ.
Section 13. Term. This Agreement shall be for an indefinite term until terminated by one or both of
the parties as set forth in this Agreement.
Section 14. Indemnification. The City shall defend and indemnify the Manager pursuant to
Minnesota Statutes 466.07 and 465.76. The City shall also defend and hold harmless and indemnify the
Manager from all torts, civil damages, penalties, fines, provided the Manager was acting in the performance
of Manager's duties.
-4-
Section 15. Mercer. This Agreement supersedes all prior oral or written communications between
•the parties.
Section 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to the employment relationship between the City and the Manager and the parties agree that
there were no inducements or representations leading to the execution of this Agreement except as herein
contained.
Section 17. Severabilitv. In case any one or more of the provisions of this Agreement shall be
invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining
provisions contained in this Agreement will not in any way be affected or impaired thereby.
Section 18. Governing Law. This Agreement will be construed and interpreted in accordance with
the laws of the State of Minnesota.
Section 19. Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which will be deemed an original, but all of which together will be constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
written above.
THE CITY OF BROOKLYN CENTER, EMPLOYEE
MINNESOTA
By
Myrna Kragness Cornelius L. Boganey
Its Mayor
-5-
City Council Agenda Item No. 9b
L KLYN Office of the City Clerk
TER
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk 4
DATE: September 20, 2006
SUBJECT: Resolution Establishing Fee for Brewer and Brew Pub Off -Sale Malt Liquor License
At its September 11, 2006, meeting, the City Council adopted An Ordinance Amending Chapter 11 of
the Brooklyn Center Code of Ordinances Relating to the Regulation of Liquor.
Section 11 -107 (11) was added to allow the off -sale of malt liquor at a brewer or brew pub. Section l 1-
110 states that fees for liquor licenses shall be set by City Council resolution. Attached is a resolution
that sets the fee for a brewer or brew pub off -sale malt liquor license at $200, which complies with the
limits established by Minnesota Statutes Section 340A.408, Subdivision 3.
Attachment
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING FEE FOR BREWER AND BREW PUB OFF
SALE MALT LIQUOR LICENSE
WHEREAS, on September 11,2006, the City Council adopted Ordinance No.
2006 -04 amending the City's liquor license ordinance and added brewer and brew pub off -sale
malt liquor licenses; and
WHEREAS, Section 11 -110 states that fees for liquor licenses shall be set by City
Council resolution; and
WHEREAS, Minnesota Statutes Section 340A.408, Subdivision 3, limits the
amount cities may charge for an off -sale liquor license to $200 for cities over 10,000 other than
cities of the first class.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the following liquor license fees are hereby established and
comply with Minnesota Statutes:
Brewer and Brew Pub Off -Sale Malt Liquor License Fee $200
September 25. 2006
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 9c
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: September 21, 2006
TO: Curt Boganey, Interim City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Authorizing Execution of a Fiber Optic Easement for Access
Communications Inc.
On August 22, 2005, the City Council authorized a Fiber Optic Agreement between the City of Brooklyn
Center and Access Communications, Inc. for the installation of a fiber optic network between City
buildings. The fiber optic installation project included the connection of City Hall to the Police Building,
Public Works Building and the Earle Brown Heritage Center. The fiber optic network was completed in
late fall of 2005.
The Fiber Optic Agreement with Access Communications includes a provision that Access
Communications will provide one -call locating services for the new fiber optic connection for up to 20
years in exchange for allowing Access to co- locate additional fiber optic conduits along the alignment of
the City's fiber conduits extending through parcels owned by the City of Brooklyn Center. Prior to
negotiating the Fiber Optic Agreement, staff estimated that one -call locating services for the City's fiber
optic lines would cost approximately $7,000 per year. The one -call locating service that Access
Communications will provide under the terms of the agreement has an estimated value of $140,000.
Attached are four documents that would establish easements for the fiber optic conduits operated by
Access Communications. The easement documents preserve the City's ability to require Access
Communications to relocate their fiber optic conduits to accommodate site improvements that the City
may choose to undertake in the future. This provision was added to prevent the easements from severing
the parcels by the fiber optic installations.
Attached for consideration is a City Council resolution authorizing the Mayor and City Manager to
execute the easement documents on behalf of the City of Brooklyn Center.
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
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTORIZING EXECUTION OF A FIBER OPTIC EASEMENT
FOR ACCESS COMMUNICATIONS, INC.
WHEREAS, the City of Brooklyn Center entered into a Fiber Optic Agreement dated
August 22, 2005 with Access Communications, Inc. for the installation of fiber optic
communications infrastructure; and
WHEREAS, said agreement provides for the establishment of a fiber optic easement
through parcels owned by the City of Brooklyn Center for the purposes of installing and maintaining
fiber optic cables operated by Access Communications, Inc.; and
WHEREAS, the City Attorney has prepared said fiber optic easement documents for
consideration by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to
execute easement documents in the name of the City of Brooklyn Center for Access
Communications Inc. fiber optic cables, according to the easements therefore approved by the City
Council and on file in the office of the City Engineer.
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.
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4 75
EASEMENT
THIS INSTRUMENT is made by the City of Brooklyn Center, a Minnesota municipal
corporation, Grantor, in favor of Access Communications, Inc., a Minnesota corporation, Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Hennepin County,
Minnesota "Prop
the
That part of the South Half of the Southwest Quarter, Section 35, Township 119, Range
21 described as beginning at the Northwesterly corner of Lot 1, Block 2, Garden City l
Addition; thence Northeasterly to the southwesterly corner of Lot 11, Block 3, Garden
City lst Addition; thence Easterly 923.18 feet along the Southerly line of Lot 11 and the
extension thereof to the center line of Shingle Creek; thence deflecting to the right 111
degrees 24 minutes 50 seconds, along said center line, a distance of 70.46 feet; thence
deflecting to the right 0 degrees 16 minutes 30 seconds along said center line a distance
of 15.51 feet to the extension of the Northerly line of said Lot 1; thence Westerly along
said extended line and the Northerly line of said Lot 1 to the point of beginning.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Grantor conveys and quit claims to the Grantee the following easement:
A non exclusive easement for fiber optic line purposes over, under, across and through that part
of the Property which lies within a 10.00 foot wide strip of land, the center line of which is
described as follows:
Commencing at the northeast corner of the South Half of the Southwest Q uarter of
Section 35, Township 119 North, Range 21 West, Hennepin County, Minnesota; thence
1 westerly, along the north line of the South Half of said Southwest Quarter, a distance of
1
142.00 feet; thence southwesterly, deflecting to the left, 61 degrees 57 minutes 56
seconds a distance of 100.00 feet; thence southwesterly, deflectin to the left, 19 degrees
15 minutes 24 seconds a distance of 183.00 feet; thence westerly, deflecting to the right,
85 degrees 15 minutes 16 seconds a distance of 218.00 feet; thence southwesterly,
deflecting to the left 10 degrees 36 minutes 20 seconds, a distance of 93.00 feet; thence
southwesterly, deflecting to the left, 12 degrees 54 minutes 22 seconds a distance of
106.00 feet; thence westerly, deflecting to the right, 30 degrees 38 minutes 38 seconds a
distance of 152.00 feet; thence northwesterly, deflecting to the right, 19 degrees 25
minutes 56 seconds a distance of 200.00 feet to the point of beginning of the center line
to be described; thence northwesterly, deflecting to the right, 0 degrees 00 minutes 00
seconds a distance of 57.00 feet; thence northwesterly, deflecting to the left, 5 degrees 19
minutes 40 seconds a distance of 102.00 feet; thence westerly, deflecting to the left, 23
degrees 00 minutes 14 seconds a distance of 230.00 feet; thence southwesterly, to the
northeast corner of Lot 1, said Block 2 and said center line there terminating.
The sidelines of said easement are to be prolonged or shortened, so as to terminate on the
southerly line of the Property.
2. Scope of Easement. The fiber optic line easement granted herein includes the right of the
Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for
the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering
and repairing fiber optic lines in the described easement area.
3. Term of Easement. This easement shall expire twenty years from the date of this Quit
Claim Deed or upon Grantee's removal of its fiber and conduit, whichever period is longer.
Upon termination of this easement, Grantee will execute and deliver to Grantor a release of this
Easement in recordable form.
4. Relocation and Termination of Easement. If Grantor determines that all or any part of
this easement or the fiber optic line causes an unreasonable interference with public use or public
purposes, Grantor may require Grantee to remove and relocate the fiber optic line, at Grantee's
expense, to a substitute easement location provided by Grantor. Grantor will give Grantee at
least one hundred twenty (120) days' notice to remove the fiber optic line, together with a copy
of the substitute easement. This easement, or any part of this easement, will be revoked and
terminated upon filing by Grantor of a substitute easement, referring to this easement and
describing all parts of this easement that are thereby revoked and terminated.
5. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its heirs, successors and assigns.
STATE DEED TAX DUE HEREON: NONE
2
Dated this day of 2006.
Myrna Kragness, Mayor
Curt Boganey, Interim City Manager
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2006, by Myrna Kragness and Curt Boganey, the Mayor and Interim City
Manager, respectively, of the City of Brooklyn Center on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
3
472
EASEMENT
THIS INSTRUMENT is made by the City of Brooklyn Center, a Minnesota municipal
corporation, Grantor, in favor of Access Communications, Inc., a Minnesota corporation, Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Hennepin County,
Minnesota (the "Property
That part of the Southwest Quarter of Section 35 Township 119 Range 21, Hennepin
County, Minnesota described as follows: Commencing at a point in the South line of said
Section 35, distant 470.4 feet East of the Southwest corner of said Section; thence North
3 degrees 55 minutes 30 seconds West, 202.92 feet to the actual point of beginning;
thence continuing North 3 degrees 55 minutes 30 seconds West, 30.08 feet; thence South
89 degrees 48 minutes 40 seconds East, 974.85 feet to the centerline of Shingle Creek;
thence North 27 degrees 50 minutes 50 seconds East along said centerline 1007.34 feet;
thence North 83 degrees 50 minutes 30 seconds West, 786.52 feet; thence South 28
degrees 58 minutes 47 seconds West, 278.86 feet; thence North 61 degrees 01 minutes 13
seconds West, 128.0 feet; thence South 28 degrees 58 minutes 47 seconds West, 133.74
feet; thence South 61 degrees 01 minutes 13 seconds East, 128 feet; thence South 28
degrees 58 minutes 47 seconds West, 664.59 feet; thence North 89 degrees 48 minutes 40
seconds West, 168.93feet; thence North 3 degrees 55 minutes 30 seconds West, 69.95
feet to a point on a curve convex to the Southeast with a radius of 152.15 feet, a tangent
at this point to the said curve has a bearing of South 80 degrees 46 minutes 14 seconds
West; thence Southwesterly along said curve a distance of 25.01 feet; thence North 89
degrees 48 minutes 40 seconds West along a line tangent to said curve a distance of 35.12
feet; thence South 3 degrees 55 minutes 30 seconds East, 128.05 feet; thence South 89
degrees 48 minutes 40 seconds East, 85.52 feet more or less to the actual point of
beginning.
1
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Grantor conveys and quit claims to the Grantee the following easement:
A non exclusive easement for fiber optic line purposes over, under, across and through
that part of the Property which lies within a 10.00 foot wide strip of land, the center line
A of which is described as follows:
Commencing at the northeast corner of the South Half of the Southwest ,Quarter of
Section 35, Township 119 North, Range 21 West, Hennepin County, Minnesota; thence
westerly, along the north line of the South Half of said Southwest Quarter, a distance of
142.00 feet; thence southwesterly, deflecting to the left, 61 degrees 57 minutes 56
seconds a distance of 100.00 feet; thence southwesterly, deflecting to the left, 19 degrees
15 minutes 24 seconds a distance of 183.00 feet; thence westerly, deflecting to the right,
85 degrees 15 minutes 16 seconds a distance of 218.00 feet; thence southwesterly,
deflecting to the left, 10 degrees 36 minutes 20 seconds a distance of 93.00 feet; thence
r
southwesterly, deflecting to the left, 12 degrees 54 minutes 22 seconds a distance of
106.00 feet to the point of beginning of the center line to be described; thence westerly,
deflecting to the right, 30 degrees 38 minutes 38 seconds a distance of 152.00 feet; thence
northwesterly, deflecting to the right 19 degrees 25 minutes 56 seconds, a distance of
257.00 feet and said center line there terminating.
2. Scope of Easement. The fiber optic line easement granted herein includes the right of the
Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for
the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering
and repairing fiber optic lines in the described easement area.
3. Term of Easement. This easement shall expire twenty years from the date of this Quit
Claim Deed or upon Grantee's removal of its fiber and conduit, whichever period is longer.
Upon termination of this easement, Grantee will execute and deliver to Grantor a release of this
Easement in recordable form.
4. Relocation and Termination of Easement. If Grantor determines that all or any part of
this easement or the fiber optic line causes an unreasonable interference with public use or public
purposes, Grantor may require Grantee to remove and relocate the fiber optic line, at Grantee's
expense, to a substitute easement location provided by Grantor. Grantor will give Grantee at
least one hundred twenty (120) days' notice to remove the fiber optic line, together with a copy
of the substitute easement. This easement, or any part of this easement, will be revoked and
terminated upon filing by Grantor of a substitute easement, referring to this easement and
describing all parts of this easement that are thereby revoked and terminated.
2
5. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its heirs, successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2006.
Myrna Kragness, Mayor
Curt Boganey, Interim City Manager
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2006, by Myrna Kragness and Curt Boganey, the Mayor and Interim City
Manager, respectively, of the City of Brooklyn Center on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
3
4�4-
'i
EASEMENT
THIS INSTRUMENT is made by the City of Brooklyn Center, a Minnesota municipal
corporation, Grantor, in favor of Access Communications, Inc., a Minnesota corporation, Grantee.
Recitals
A. rantor is the fee owner of the following described roe in Hennepin Count
G g property rtY p Y,
Minnesota (the "Property
Outlot E, BROOKLYN CENTER INDUSTRIAL PARK PLAT 1, according to the
recorded plat thereof, Hennepin County, Minnesota.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Grantor conveys and quit claims to the Grantee the following easement:
A non exclusive easement for fiber optic line purposes over, under, across and through
that part of the Property lying within a 10.00 foot wide strip of land, the center line of
which is described as follows:
Commencing at the northeaster corner of the South Half of the Southwest Quarter
of Section 35, Township 119 North, Range 21 West, said Hennepin County;
C-� thence westerly, along the north line of the South Half of said Southwester
i Quarter, a distance of 142.00 feet to a point hereinafter referred to as "Point A"
and the point of beginning of the center line to be described; thence
southwesterly, deflecting to the left, 61 degrees 57 minutes 56 seconds a distance
1
of 100.00 feet to a point hereinafter referred to as "Point B thence
southwesterly, deflecting to the left, 19 degrees 15 minutes 24 seconds a distance
of 183.00 feet; thence westerly, deflecting to the right, 85 degrees 15 minutes 16
seconds a distance of 218.00 feet; thence southwesterly, deflecting to the left, 10
degrees 36 minutes 20 seconds a distance of 93.00 feet; thence southwesterly,
deflecting to the left, 12 degrees 54 minutes 22 seconds a distance of 106.00 feet;
thence westerly, deflecting to the right, 30 degrees 38 minutes 38 seconds to the
northwesterly line of said Outlot E and said center line there terminating.
Together with an easement for fiber optic line purposes over, under and across the Property, said
easement being a 10.00 foot wide strip of land, the center line of which is described as follows:
Commencing at the aforementioned "Point B thence northeasterly to the
aforementioned "Point A" and the point of beginning of the center line to be
C 2 described; thence northeasterly, deflecting to the right, 0 degrees 00 minutes 00
seconds a distance of 53.00 feet to a point hereinafter referred to as "Point C
thence northeasterly, deflecting to the right, 37 degrees 58 minutes 34 seconds a
distance of 153.00 feet to a point hereinafter referred to as "Point D"; thence
southeasterly, deflecting to the right, 67 degrees 15 minutes 13 degrees a distance
of 130.00 feet; thence southeasterly, deflecting to the left, 5 degrees 24 minutes
21 seconds to the southeasterly line of said Outlot E and said center line there
terminating.
Together with an easement for fiber optic line purposes over, under and across the Property, said
easement being a 10.00 foot wide strip of land, the center line of which is described as follows:
Commencing at the aforementioned "Point C thence northeasterly to the
aforementioned "Point D" and the point of beginning of the center line to be
C 3 described; thence northwesterly, deflecting to the left, 89 degrees 47 minutes 49
seconds a distance of 465.00 feet; thence northeasterly, deflecting to the right, 82
degrees 57 minutes 10 seconds a distance of 75.00 feet; thence northeasterly,
deflecting to the left, 21 degrees 20 minutes 08 seconds to the northeasterly line
of said Outlot E and said center line there terminating.
g
The sidelines of said easements are to be prolonged or shortened, so as to terminate on the
northwesterly, and northeaster) lines of the Property.
Y� Y Y
2. Scone of Easement. The fiber optic line easement anted herein includes
the right P granted of the
Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for
the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering
and repairing fiber optic tic lines in the described easement area.
p g
3. Term of Easement. This easement shall expire twenty years from the date of this Quit
Claim Deed or upon Grantee's removal of its fiber and conduit, whichever period is longer.
Upon termination of this easement, Grantee will execute and deliver to Grantor a release of this
Easement in recordable form.
2
4. Relocation and Termination of Easement. If Grantor determines that all or any part of
this easement or the fiber optic line causes an unreasonable interference with public use or public
purposes, Grantor may require Grantee to remove and relocate the fiber optic line, at Grantee's
expense, to a substitute easement location provided by Grantor. Grantor will give Grantee at
least one hundred twenty (120) days' notice to remove the fiber optic line, together with a copy
of the substitute easement. This easement, or any part of this easement, will be revoked and
terminated upon filing by Grantor of a substitute easement, referring to this easement and
describing all parts of this easement that are thereby revoked and terminated.
5. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its heirs, successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2006.
Myrna Kragness, Mayor
Curt Boganey, Interim City Manager
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2006, by Myrna Kragness and Curt Boganey, the Mayor and Interim City
Manager, respectively, of the City of Brooklyn Center on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
3
E 4:7 3
EASEMENT
I
ENT i of Brooklyn Center, a Minnesota municipal
THIS INSTRUMENT is made b the C al p
Y City Yn
corporation, Grantor, in favor of Access Communications, Inc., a Minnesota corporation, Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Hennepin County,
Minnesota (the "Property
Tract C, Registered Land Survey No. 1499, according to the recorded plat thereof,
Hennepin County, Minnesota.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Grantor conveys and quit claims to the Grantee the following easement:
A non exclusive easement for fiber optic line purposes over, under, across and through
that part of the Property lying within a 10.00 foot wide strip of land, the center line of
which is described as follows:
Commencing at the most easterly corner of said Tract C; thence northwesterly on
an assumed bearing of North 16 degrees 45 minutes 34 seconds West, along the
D northeasterly line of said Tract C, a distance of 53.00 feet to the point of
beginning of the center line to be described; thence North 56 degrees 33
minutes 14 seconds West a distance of 103.00 feet; thence North 39
degrees 46 minutes 20 seconds West a distance of 116.00 feet; thence North 50
degrees 56 minutes 36 seconds West a distance of 168.00 feet; thence North 44
degrees 00 minutes 48 seconds West a distance of 128.00 feet, thence North 56
degrees 00 minutes 51 seconds West a distance of 127.00 feet; thence North 46
degrees 48 minutes 09 seconds West a distance of 267.00 feet; thence North 43
1
i
degrees 49 minutes 05 seconds West a distance of 177.00 feet; thence North 47
degrees 27 minutes 00 seconds West a distance of 216.00 feet; thence North 58
degrees 41 minutes 48 seconds West a distance of 277.00 feet; thence North 62
degrees 16 minutes 55 seconds West a distance of 115.00 feet; thence North 43
degrees 50 minutes 00 seconds West a distance of 145.00 feet; thence North 19
degrees 32 minutes 00 seconds West a distance of 147.00 feet; thence North 31
degrees 22 minutes 30 seconds West a distance of 59.00 feet; thence North 6
degrees 39 minutes 52 seconds West a distance of 96.00 feet; thence North 30
degrees 47 minutes 53 seconds East to the northwesterly line of said Tract C and
said center line there terminating.
The sidelines of said easement are to be prolonged or shortened, so as to begin on the
northeasterly line of the Property and to terminate on the northwesterly line of the Property.
2. Scope of Easement. The fiber optic line easement granted herein includes the right of the
Grantee, its contractors, agents, and employees to enter the Property at all reasonable times for
the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering
and repairing fiber optic lines in the described easement area.
3. Term of Easement. This easement shall expire twenty years from the date of this Quit
Claim Deed or upon Grantee's removal of its fiber and conduit, whichever period is longer.
Upon termination of this easement, Grantee will execute and deliver to Grantor a release of this
Easement in recordable form.
4. Relocation and Termination of Easement. If Grantor determines that all or any part of
this easement or the fiber optic line causes an unreasonable interference with public use or public
purposes, Grantor may require Grantee to remove and relocate the fiber optic line, at Grantee's
expense, to a substitute easement location provided by Grantor. Grantor will give Grantee at
least one hundred twenty (120) days' notice to remove the fiber optic line, together with a copy
of the substitute easement. This easement, or any part of this easement, will be revoked and
terminated upon filing by Grantor of a substitute easement, referring to this easement and
describing all parts of this easement that are thereby revoked and terminated.
5. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its heirs, successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 1 2006.
Myrna Kragness, Mayor
Curt Boganey, Interim City Manager
2
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2006, by Myrna Kragness and Curt Boganey, the Mayor and Interim City
Manager, respectively, of the City of Brooklyn Center on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
3
City Council Agenda Item No. 9d
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: September 20, 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 trees most recently marked by the City tree inspector, in accordance with approved
procedures. A summary of the approximate tree removal rates as,of September 20th each year is
provided below.
Number of Tree
Year Removals as of September 20
2002 126
2003 345
2004 372
2005 338
2006 147
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.
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
adoption: Member introduced the following resolution and moved its
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:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
PROPERTY OWNER ADDRESS TREE#
DAVID MACK/LACEY AMUNDSEN 6736 PERRY AVE N 142
ALAN KRISTINA CANEFF 5540 KNOX AVE N 143
HERBERT KATHLEEN SMITH 5835 ALDRICH AVE N 144
MARTHA THOMAS MADERA 5456 GIRARD AVE N 145
TERRANCE STAFFORD 5643 HUMBOLDT AVE N 146
GERALD MARLYS FENSTAD 6037 BROOKLYN BLVD 147,148
2. After twenty (20) days from the date of the notice, the property owner(s) will
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.
RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted..
City Council Agenda Item No. 9e
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: September 19, 2006
TO: Curt Boganey, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project No. 2006 -10, 2006 Street Seal Coating
On March 27, 2006 the City Council authorized the award of Improvement Project No. 2006 -10,
2006 Street Seal Coating activities to Allied Blacktop Company of Maple Grove, Minnesota.
This work was performed as part of a joint powers agreement for street maintenance activities
with the cities of Coon Rapids, Andover, Fridley, Ham Lake and Columbia Heights. The intent
of the joint powers agreement is to provide an opportunity to obtain lower unit bid prices by
combining annual maintenance work for several communities into one project bid in order to
S promote a more competitive bidding environment.
Improvement Project No. 2006 -10 included the placement of chip seal surface treatment to City
streets at locations indicated on the attached map. Allied Blacktop Company has satisfactorily
completed all work under the contract. Allied is requesting final payment for the project.
Attached for consideration is a City Council resolution accepting the work performed and
authorizing final payment in the amount of $59,657.50 for the 2006 Street Seal Coating work.
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
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL
PAYMENT, IMPROVEMENT PROJECT NO. 2006 -10, 2006 STREET SEAL
COATING
WHEREAS, the City of Brooklyn Center entered into a joint powers agreement with the City
of Coon Rapids to provide street seal coat maintenance work; and
WHEREAS, the 2006 Street Seal Coating work was awarded to Allied Blacktop Company of
Maple Grove, Minnesota pursuant to said joint powers agreement; and
WHEREAS, Allied Blacktop Company has completed the specified street maintenance work
for Improvement Project No. 2006 -10 2006 Street Seal Coating.
p J g
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. It is hereby directed that final payment be made for Improvement Project No. 2006-
10, taking the contractor's receipt in full. The total amount to be paid to Allied
Blacktop Company for Improvement Project 2006 -10 shall be $59,657.50.
2. Project costs and revenues are hereby amended as follows:
COSTS As Annroved As Final
Contract 64,421.60 59,657.50
REVENUES
43220 -6404 45,095.12 41,760.25
40200 -6404 19,326.48 17,897.25
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.
11.
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ALLIED BLACKTOP CO. INV ®ICE
BITUMINOUS CONTRACTORS
10503 89TH AVENUE NORTH
10016
MAPLE GROVE, MINNESOTA 55369
(763)-425-0575 PAGE 1
B J 0603
I CITY OF BROOKLYN CENTER O CITY OF BROOKLYN CENTER
L 6301 SHINGLE CREEK PARKWAY B
L BROOKLYN CENTER MN 55430
N
T 0
O
r e II• e
08 28/;05 10016 BRO'ODI NET 30
UNIT EXTENDED''
QUANTITY D E S C R Z P T I 0 N PRICE PRICE'
1.00 2006 STREET SEAL COAT PROGRAM 59657.5000 59,657.50
1) FA -2 TRAPROCK: 805 T Q
45.50 $36,627..50
`2). CRS '2 POLYMER: 16,450 G'
1.40 $23,.03.0.00:
GROSS RETAINAGE TAX NET ;AMOUNT
59,657.50 .00 00 59,657.50
REORDER n 0614255
City Council Agenda Item No. 9f
Memorandum
TO: Curt Boganey, Interim City Manager
FROM: Brad Hoffinan, Community Development Director
SUBJECT: City Council Item Provisional License 5240 Drew Avenue North
DATE: September 20, 2006
On Monday evening, September 25, 2006, the City Council will be asked to consider approval of
the mitigation plan and provisional rental license for 5240 Drew Avenue North. The new owner,
Bradley Schumacher, applied for a provisional license on September 7, 2006 and submitted a
mititation plan on September 20, 2006. Prior to ownership by Mr. Schumacher, the Drew
Avenue property had numerous code compliance issues and had the highest calls for service rate
in the city. Mr. Schumacher has been informed that he would only be eligible for a provisional
license until significant progress has been made in addressing the excess calls for service.
As with all rental license applications, an inspection of the property is scheduled for October 18,
2006. Attached is the "mitigation plan" submitted for 5240 Drew Avenue. Mr. Schumacher
will be here Monday evening to answer Council questions. Based upon the significant progress
that has been made to date and the effort that has been put forth to reduce the number of calls for
service, it would be my recommendation that the Council approve the mitigation plan and the
provisional rental license for 5240 Drew Avenue. The license is for six months with a
mandatory progress review by the Council. If the calls for service remain at or below the
ordinance maximum for 12 months, they may apply for a regular license at that time.
SEP 14,2006 11:13P 7638563925 page z
September 14, 2006
Hello City of Brooklyn Center,
My name is Brad Schumacher and I recently purchased the apartment building at 5240 Drew
Avenue North in Brooklyn Center.
The following is the plan for my renovation and rental plan.
With a budget of over $125,000.00 US Dollars_ My plans are to completely update all of the
apartments with paint, carpet, vinyl/ file, some doors, appliances, counter tops and re -key the
entire building with new locks. Hard wired smoke detectors will be installed in every bedroom,
hard wired carbon monoxide detectors in the common area of each unit,
I also plan on updating and renovating the current mechanicals as well as air conditioners in each
unit. Outside 1 am repainting the building, landscaping, replacing all outside doors, and redoing the
sidewalks where needed. l am also planning on resurfacing the parking lot as well as tidying up
the refuse area.
My rental plan is as follows
I plan on advertising this newly renovated building as a place to be proud to Irve in. I'm quite sure
the craftsmanship and Improvements will show well when I am done. I will screen my tenants for
credit history, back round checks and of course rental references. Obviously I am quite interested
in maintaining my interests and maintaining my buildings fabulous new look.
As a small business owner, I was a little nervous about investing in Brooklyn Center because It
seems to have a false reputation for crime. Since taking possession of this apartment building I
have been here in Brooklyn Center 12 to 14 hours a day and I must say I really love the
community. People here seem quite down to eafth and being from a small town myself I can really
appreciate that
I am looking forward to working with this great communityl
Please feel free to contact me at any time
Brad Schumacher
i
28551 127" Street NW
Zimmerman, MN 55396
612- 716 -3566
City of Brooklyn Center Date of Application:
6301 Shingle Creek Pkwy
kwy
Brooklyn Center, MN 55430 Z
Phone: 763 -569 -3300 Fax: 763- 569 -3494
Six -Month Provisional Rental Dwelling License Application
Six-Month Provisional Rental License Fees: -,Tlg 7 5 c
Multi Family Bldgs Units Multivle Family: $112.50/building plus $7.50 /unit 1
Pursuant to Section 12 -913 of the City Ordinances, a licensed multiple dwelling, with five or more units, that has
generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as
described in the ordinance is eligible only for a provisional license. Properties with a provisional license may
qualify for a regular license only after a one -year period with fewer than .65 police or fire calls per dwelling unit.
The applicant acknowledges that the rental property for which the applicant is applying for a provisional license
has generated calls for service that exceed .65 per unit.
Complete Name, Address, Telephone Number, and Birthdate of Each Owner.
Name: �Kti..ac. (-c r Q 2 VNb (-?—y
Last First Middle
Address: 0 5 1
Street ��C)
city C�{ a f c. State
Phone No. Cell No '!late of Bill
Address es of Dwelling(s) G� 1v t?,, /v
Name of Dwelling or Complex:
The undersigned hereby applies for a provisional rental dwelling license and acknowledges receipt of a copy of City
Ordinance Section 12 -913 and acknowledges the provisions of the Building Maintenance and Occupancy Ordinance have
been reviewed.
F11rCR S; t:AASS
I being first duly sworn, upon his/her oath deposes and #ais
has executed the foregoing application and that the statements made herein are true o 201
Notarized Signature of Owner
Subscribed and sworn to Wore me this #1 day of �Idl� IY( F O i'��County l
Nota ry Public Signature 1,�L4` My Commission Expires
City Use Only: Check No. Ref No. a r
Account No. 4205 Pr ional License Fee -al 15 Date Rec:
License Expiration Date Calls for Service No.
City Council Meetine Date
Notice Received/City Manager by G' �I Mitization Plan Receive
L
LIC
BROOKLYN CENTER `isY oR
lfOyYLYF [4.11
POLICE DEPARTMENT MN
MEMORANDUM
TO: Curt Boganey City Manager
FROM: Lieutenant Kevin Benner
DATE: September 20, 2006
SUBJECT: 5240 Drew Provisional License
The following is a twelve month review from September 2005 to September 2006 of the 12 -913
Ordinance violation calls for service to the above mentioned apartment complex:
1. September 10, 2005 -noise disturbance from apartment number 5.
2. September 20, 2005 disturbance /domestic involving a visitor to apartment number 5.
3. October 28, 2005 —fight involving apartment number 6.
4. October 30, 2005 —noise complaint from apartment number 5.
5. November 5, 2005 —noise complaint from apartment number 5.
6. November 18, 2005 —fight call to apartment number 5.
7. November 27, 2005 —drug activity in complex.
8. November 30, 2005 —fight involving apartment 5 and 6.
9. January 11, 2006 disturbance /domestic in apartment number 9.
10. March 28, 2006 disturbance call to apartment number 10.
11. April 11, 2006 —fight call to apartment number 4.
12. April 23, 2006 disturbance call to apartment number 8.
Q The above twelve calls are violation of the 12 -913 Ordinance .65 calls for service per unit. The complex
located at 5240 Drew stands at 1.20 calls for service per unit as of April 2006. The overall calls for
service have decreased since April of 2006.
City Council Agenda Item No. 9g
y Office of the City Clerk
'UROOKL EN
CENTER
MEMORANDUM
TO: Curt Boganey, Interim City Manager
FROM: Sharon Knutson, City Clerk
DATE: September 21, 2006
SUBJECT: An Ordinance Relating to the Licensure of Massage Parlors; Amending Brooklyn Center
City Code Section 23 -1712
At its August 28, 2006, meeting, the City Council discussed the City's massage ordinance, specifically
regarding the requirement for separate locker rooms for members of each sex. It was the majority
agreement of the Council that separate locker rooms not be required for the purpose of allowing
massage. City Attorney Charlie LeFevere has drafted an ordinance amendment which is attached for
Council review.
Attachments
Draft Ordinance Amendment
Excerpt of 08/28/06 City Council Work Session Minutes
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day
of
2005 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an ordinance relating to licensure of massage parlors.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE
PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTION 23-
1712
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code Section 23 -1712, paragraph 1,
CONSTRUCTION AND MAINTENANCE REQUIREMENTS, is amended as follows:
Each licensed premise shall comely with all aMMlicable provisions of the State Building
Code' a r me l eek
Section 2. This ordinance shall be effective after adoption and thirty (30) days
following its legal publication.
Adopted this day of 2006.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(Stri indicates matter to be deleted, underline indicates new matter.)
CITY COUNCIL WORK SESSION
The City Council did not consent to move forward with participation in the Make a Difference
Day Annual Challenge.
SEPTEMBER AS SAVE A LIFE MONTH —MAYOR KRAGNESS
Mayor/President Kragness stated she received a letter from the National Headquarters of the
Save a Life Foundation, a member of the U.S. Department of Homeland Security's National
Preparedness Month Coalition, requesting that the City of Brooklyn Center proclaim the month
of September 2006, as "Save a Life Month." She stated a sample proclamation was included with
the letter and she asked the City Council for permission to sign the proclamation.
Councilmember /Commissioner Lasman asked for clarification of the intent and asked if the
organization is encouraging children to attempt to save an adult's life or someone their own size.
Mayor Kragness explained that the schools are teaching first aid skills, however this is an
organized process by the Save a Life Foundation.
Councilmember /Commissioner Carmody stated the organization would be better suited going
through the schools first.
The City Council discussed the item and determined not to support it at this time.
MASSAGE PARLOR ORDINANCE CITY MANAGER
Mr. Boganey discussed the findings regarding Massage Parlor Ordinances from other
communities. He stated there are some similarities and some cities that take a different approach.
He asked for direction from the City Council regarding ordinance modification and if so in
which areas.
Councilmember /Commissioner Niesen stated difficulty in the City Council reading and
analyzing the ordinances due to time constraints. She stated the chart, comparing surrounding
cities' massage parlor policies was helpful.
Mr. Boganey stated staff responded to direction of the City Council, and responses from those
cities were received. He stated the consensus of the City Council was not overhauling the entire
ordinance, rather just the health club aspect.
The City Council discussed the different regulations of the survey results.
The City Council discussed amending the language in relation to the bathroom requirement by
referencing the Building Code.
Mr. Boganey stated Brooklyn Center is the only City surveyed that requires separate locker
rooms for male and female. It was the majority agreement that separate locker rooms not be
required for the purpose of allowing massage. The City Council agreed that in regards to Curves
and Spa/Salons for purpose of allowing massages, separate locker rooms should not be required.
08/28/06 2
CITY COUNCIL WORK SESSION
Mr. Boganey stated if the separate locker room requirement was discontinued for purpose of
allowing massage, other businesses would be able to offer massages.
The City Council discussed the requirement of a mop sink. It was discussed that in the case of
Curves, a mop sink is not present; however they have a cleaning service that eliminates the need
for a mop sink.
Councilmember /Commissioner Niesen stated to encourage the massage use in the City of
Brooklyn Center, the fees should be reviewed.
Mr. Boganey stated he will create ordinance amendment language to be proposed to the City
Council
CRACKER BARREL PROPERTY DISPOSITION
Mr. Boganey went through the memorandum and discussed the options and requested action
from the City Council. He discussed land values, building values, cost of site clearance, sources
of funding, and TIF funds that are available and what they can be used for. He stated site
assembly is typical; however the City would be acquiring some risk in that the property could
remain off the tax rolls for a period of time. He explained that if the bond proceeds or TIF funds
are used for these acquisitions, that is money that is not available for other uses. He stated he
believes each risk can be minimized and the potential benefits should also be considered. He
stated a direct contact was received stating that the City should submit a proposal for Project
Centaur. He stated he is not suggesting that if the City acquired the properties, it would get the
project.
Community Development Director Brad Hoffinan stated he gets inquiries from developers
looking for 10 -15 acres which he usually refers to Brooklyn Park. He stated the sum of the three
properties would be a very desirable parcel. He stated the City has been approached by two
brokers showing interest in the properties. He stated the Cracker Barrel is 4.24 acres and was
purchased for $1.8 million. He stated the Olive Garden property is 2.39 acres and was purchased
for $1.125 million. He stated the Days Inn property was sold in April of 2005. He discussed
issues with the Days Inn building such as mechanical problems. He stated an office showroom
development use would likely double tax base. He suggested that the Cracker Barrel property
could be put on the market to receive proposals for a given period of time, or a Request for
Proposal be issued for a specific type of development.
The City Council and staff discussed the market value and construction price of hotel
development.
Councilmember /Commissioner Niesen stated she was very disappointed by the Real Estate
Recycling's proposal considering all of the City's cost she felt the proposal prices from Real
Estate Recycling was too low. Mr. Hoffinan discussed factors associated with redevelopment
that are costly.
08/28/06 3
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
September 25, 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 Fire Pension Proposal
2. EBHC Hotel Development
3. Establish Agenda for November 11, 2006, Goal Setting Session
4. Request from Councilmember Niesen to discuss Financial Reports.
Pending List for Future Work Sessions
October 9
Revisions to Sign Ordinance- Banners
Recommendation Regarding Investment Policy Modifications per Audit City
Manager
Selection of Retreat Facilitator
October 23
New Law (HF 3779, Chapter 240) Zoning Requirements for Adult Establishments
Councilmember Lasman
Financial Commission Member Recruitment
January 2007
Audit Committee Councilmernber Niesen
MEMORADUM
TO: Mayor and Council Members
FROM: Curt B0)nterim City Manager
DATEL: September 21, 2006
SUBJECT: Fire Relief Association Pensions
Last year the City Council adopted a resolution increasing the lump sum benefit for Fire
Department Relief Association members form $6,000 per year to 7,000 per year (see
attached memo). This decision reflected the continuation of the agreement to review the
fund annually on an actuarial basis to determine if a further increase to the maximum of
$7,500 per year of service was viable in response to a request from the Fire Relief
Association.
Springsted has conducted the appropriate actuarial review of the fund and has provided a
report. As in the previous years since 2005, the conclusion is that the fund continues to
be capable of supporting an increase to $7,500 without an increase in the City annual
contribution which currently is none.
As indicated last year and implicit in the review this year, there always remains the
potential that the City would be required to make up any deficit funding of the Fire
Department Relief Association. The primary risks in that area would be a losing the
valuation of the portfolio at a time during which distributions would be required or a loss
of the State Pension Funding. Pension Funding receives resources from insurance
surcharges or fees. Thus, State Funding may be more secure in the Fire Pension area than
it has been in the area of Local Government Aid.
The issue before the Council is whether there are questions that need to be addressed or
responded to before placing this item on a regular agenda for consideration.
Or City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Ni se and O'Connor
FROM: Michael J. McCauley, City Manager
DATE: September 21, 2005
SUBJECT: Fire Relief Association Pension
Last year, the Brooklyn Center Fire Department Relief Association requested an increase in the lump
sum benefit from $5,000 per year to $6,000 per year. The City Council approved the amendment to
the Fire Department Relief Association By -Laws to increase the benefit level to $6,000 per year.
The resolution approving the amendment also directed a review of the lump sum benefit again in
August 2005 and further encouraged the Fire Relief Association begin work on meeting the cash
contingency targets that were recommended by Springsted in 2004. Pursuant to State Law, the
maximum benefit amount is $7,500 per year. Fire Relief Association had requested a phase -in to the
maximum benefit amount. As indicated, rather than move to $7,500, the staff recommendation,
adopted by the Council, was to phase -in a benefit increase with a continued review of the actuarial
status of the Fire Relief Association.
Attached is the request received from the Brooklyn Center Fire Department Relief Association to
increase the benefit to $7,000 per year of service in 2005 and a further request to review the benefit
amount in 2006. Springsted again reviewed the actuarial valuation performed by the actuary that
audits the Fire Relief Association records. Based on that review, the Brooklyn Center Fire Relief
Association has made substantial progress in creating a liquid reserve to cushion potential market
fluctuations in their portfolio value. The review also indicates that then Inwaarden, the Fire Relief
Association actuary, would support an increase of the benefit amount to $7,000 per year of service
without additional costs to the City. As indicated last year and implicit in the review this year, there
always remains the potential that the City would be required to make up any deficit funding of the
Fire Department Relief Association. The primary risks in that area would be a loss in the valuation
of the portfolio at a time during which distributions would be required or a loss of State Pension
Funding. Pension Funding receives resources from insurance surcharges or fees. Thus, State
Funding may be more secure in the Fire Pension area than it is and has been in other areas where
funds are transferred to local government.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101 -2887
S p r i n g s$ e d Tel: 651-223-3000
Fax: 651- 223 -3002
www.springsted.com
August 11, 2006
Mr. Curt Boganey, Acting City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Dear Curt:
You have requested that we informally review the material provided by the Brooklyn Center Fire
Relief Association and its most recent actuarial valuation which was performed by Van
Inwaarden. As with similar reviews we have performed in past years, you have again asked
that we review this information not from an actuarial standpoint but from the City's policy
perspective in order to give you a second opinion regarding the potential policy implications for
the City.
We have undertaken an informal review utilizing the Associations 2005 Audit Report and the
Van Inwaarden January 1, 2005 actuarial valuation dated June 6, 2005. Based on this review,
we have come up with the following findings:
The Fund continues to be well run and actuarially sound based upon the Van
Inwaarden report.
The plan had a surplus of $525,034 as of January 1, 2006 compared to $539,819 as
of January 1, 2005. The small decrease in surplus is due primarily to the increase in
the actuarial accrued liability of active members as of January 1, 2005 and reflects
the increase in lump sum benefits from $6,000 per year of service to $7,000 per year
of service for 2005.
The firefighters are requesting that their lump sum benefits be increased from
$7,000 per year of service to $7,500 per year of service, the state pension cap. The
actuarial valuation incorporates two alternatives: the increase to $7,000 for 2005 and
an increase to $7,500 for 2006 and the increase for 2005 to $7,500 per year of
service. The City approved the increase to $7,000 and is now considering the
increase to $7,500.
Based on the actuarial valuation dated June 6, 2005, the City would not be required
to make a contribution to the fund during the period 2005 and 2006, over and above
what is projected for state aid, under either scenario. The City contributed $0 during
2005 and $0 during 2004.
Public Sector Advisors
City of Brooklyn Center, Minnesota
August 11, 2006
Page 2
The state aid passed through to the Association for 2005 was $154,346 and
$158,991 in 2004. State aid for 2006 is projected in the actuarial valuation to be
$162,171 and then increased by two percent (2 each year.
One of the issues addressed is the diversity of investments held by the Association.
As of December 31, 2005 approximately forty-eight percent (47.74 or $1,768,957
of the plan assets continued to be held in corporate stocks and bonds with the
remaining $1,936,462 held in primarily mutual funds and other cash equivalents.
Approximately eleven percent (10.78 of total investments, or $399,579, was held
in certificates of deposit.
The Association has been very successful at achieving a reserve of more than ten
percent (10 of the funds held in instruments subject to market fluctuations for the
year ended December 31, 2005 which helps minimize the risks to the City which
could be caused by fluctuations in the market.
The primary concern of the City is if it concurs with the request, will the increase requested
require the City to contribute additional dollar resources to the Relief Association Retirement
Fund? Based upon the information available the answer would be no; there are no additional
dollars required to be contributed by the City to the Association for an increase in the lump sum
benefit to $7,500 per year of service in 2006. However, while there will be no apparent financial
impact to the City increasing from $7,000 in 2005 to approximately $7,500 in 2006 based on the
current actuarial valuation, changes in the economy could significantly impact the projected
actuarial valuations. The situation continues to be complex and requires more than a simple
yes or no answer. Some areas where we believe there could be issues are as follows:
Investments
The market while stable today could fluctuate significantly at any point in time as was seen in
past years. As mentioned above, the Association still holds the majority of their investments in
instruments that are subject to market fluctuations. The net value of the Associations assets
could decline and be substantially less then the original purchase price. This could cause a
need for additional contributions from the City to keep the Retirement Fund at a fully- funded
status.
We had recommended in past reviews, and concur with that recommendation today, that the
itself and minimize its risk b re
City could protect t by the Association to establish a reserve q
tY p
fund that would equal ten to twenty percent of the funds held in instruments subject to market
fluctuations. This fund could be used to make -up any shortfall or portion thereof caused by
market fluctuations and downturns that would have caused an increase in the City's contribution
to meet the actuarial value of the fund. Monies held in money market accounts could be a part
of the total reserve.
Based on the investments held at December 31, 2005, a reserve of ten percent would have
been approximately $370,542. As stated before, there was $399,579 held in certificates of
deposit alone that could be applied to this reserve amount leaving an excess approximately
$29,037, without taking into consideration any additional funds held in money market accounts
as of December 31, 2005. Inclusion of the money market accounts would increase the
percentage of the reserve. This reserve amount would be adjusted in direct relationship to the
dollars invested in investments that are subject to market fluctuations.
City of Brooklyn Center, Minnesota
August 11, 2006
Page 3
i
State Aid
The State Aid is projected to increase at a level of 2% each year in the a ctuarial valuation. The
current "flux" with the State's financial position could have a negative impact on the amount
passed through to relief associations. Funding for fire state aid comes from taxes paid to the
art on the population and
state for certain insurance policies. The distribution is based in p P
market value of the area served and in part on the number of "active" firefighters who are
members of the relief association. This area should be monitored to ensure the actuarial
valuations are not too aggressive in this area.
Actuarial Valuation
The most recent actuarial valuation included two alternatives and was most recently updated as
of June 6, 2005. The first includes an increase in the lump sum benefit to $7,000 per year of
service for 2005 (which was approved by the City) and to $7,500 per year of service for 2006.
The second alternative included an increase in the lump sum benefit to $7,500 per year of
service for 2005 but was not approved. Both alternatives indicate that based on current
conditions, no additional contribution by the City would be required to fund the requests.
These responses are based on a review utilizing the Associations 2005 and 2004 Audit Reports
and the Van Inwaarden January 1, 2005 actuarial valuation dated June 6, 2005.
We trust these responses address the policy issues raised on behalf o the City. Again,
Springsted is not offering ari opinion as to the actuarial status of the fund; rather, this is a
review of potential risk and a way for the City to manage it.
Sincerely,
SpraupteaL Incorporate&
Springsted Incorporated
0
BROOKLYN CENTER FIRE DEPARTMENT
WITH RELIEF ASSOCIATION
S
R R
z I 6250 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429.763 -569 -3360
D y
N
E
i G "Since 1949 Serving your community since 1949
TO: Michael McCauley City Manager
FROM: Kent A. Korman President Relief Assoc.
SUBJECT: Increase to Fire Pension
DATE: May 5, 2006
In 2005 upon your recommendation the Council approved an increase of $1,000 per year of service to the
Brooklyn Center Fire Department Relief Association pension plan. This increase brought the plan benefit
to $7000 per year of service which is still below the state pension cap of $7,500 per year of service.
At the time of the increase it was agreed that we would revisit this in order to increase the benefit in 2006.
The BCFD Relief Association has an excellent investment strategy; it should be possible to increase the
benefit up to the state cap of $7,500 per year of service without the City of Brooklyn Center having to
make any additional contribution toward the pension plan.
I respectfully request the city of Brooklyn Center to increase the pension benefit by an additional $500 per
year of service bring the benefit up to $7,500 per year of service in 2006. It is the hopes of the members
of the Relief Association that we revisit this again in 2006 with the intention of bring us up to the cap of
$7,500 per year of service.
Following recommendations of Springsted Corporation the Relief Association has invested over 10% of
its assets in cash funds that are safe and insured. Springsted Corporation made the recommendations
during their review of the Relief association plan prier to the 2004 increase. We presently have over
$400,000 in equity securities exceeding Springsted recommendations.
We have provided you an actuarial report from Vaniwaarden Associates completed on June 6, 2005. The
actuarial indicates that we have the amount of monies need for the increase to $7,000 per year of service
in 2005 and increasing to $7,500 in 2006. The report also indicates that it was possible to increase to the
state cap of $7,500 per year of service in 2005 without the city increasing its contributions with assets
totaling $3,503,781.00. As of May 4, 2006 the fund has current assets of $3,724,167.00.,
I would like to point out our members receive no pay for fire or emergency calls (true volunteers) saving
over $135,000 per year for the City of Brooklyn Center. The pension is one of the biggest selling points
we have in attracting and retaining members for the department. Due to the ten year vesting requirement
the increase(s) will help to enhance our ability to retain members for ten years or more.
Please contact me at your convenience to schedule a meeting in order to discuss this matter further at 763-
569 -3311.
It would be great if we could take care of this matter before you leave the city for you new position in
Oregon. On behalf of the members of the BCFD Relief Association I would like thank you for all the
Support you have shown the Fire Department during you tenure as City Manager and we will miss
working with you, we wish you the best in your new role.
Sincerely,
Kent A. Korman
President BCFD Relief Association
Retirement planning for corporations
June 6, 2005
Mr. Ron Boman
Brooklyn Center Fire Dept.
6645 Humboldt Avenue North
Brooklyn Center, MN 55430
Re: Relief Association 2005 Benefit Study
Dear Ron:
Here is our estimate of the cost of increasing benefit levels for the Brooklyn Center Fire
Department Relief Association. The enclosed exhibit shows the effect on the municipal
contribution of increasing the lump sum benefit to $7,000 in 2005 and $7,500 in 2006, or
alternatively to $7,500 in 2005.
Please call with any questions regarding the exhibit or if you would like any additional
information.
Sincerely,
J 7/
Paul D. Krueger, JD, EA
Consulting Actuary
VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFrx STREET MINNEAPOLIS MN 55402 -1010
612.596.5960 f 612.596.5999 WWw.VANIWAARDEN.COM
�MENT RELIEF ASSOCIATION
BROOKLYN CENTER FIRE DEPAR
Projected Cost of Alternative Benefit Increases
Current Plan Altern &tive 1 Alternative 2
Lump sum amount: $6,000 $7,000 $7,500 $7,500
First effective January 1: 2004 2005 2006 2005
Liabilities below estimated as of January 1: 2005 2005. 2006 2005
A. P rojected actuaria accrued liabili
1. Active members $2,070,230 $2,415,268 $2,821,000 $2,587,788
2. Vested terminated members 190,549 190,549 200,000 190,549
3. Retired members 406,845 406,845 386,000 406,845
4.S pouses receiving benefits 318,599 318,599 294,000 318,599
5. Children receiving benefits 0 0 0 0
6. Disabled members receiving benefits Q Q 0_ 0
7. Total actuarial accrued liability $2,986,223 $3,331,261 $3,701,000 $3,503,781
B. Projec specia fund 3,381,603 3,381,603 3,633,000 3,381,603
(assumes a 5% rate of return)
C. Un funded accrued accrued liability (395,380) (50,342) 68,000 122,178
D. C redit for surer (39,538) (5,034) 0 0
E. Am ortization pav menl N/A 0 5,197 9,337
F. Norma cost 79,135 92,324 99,000 98,919
Annual contribution yay, able' 2006 2006 2007 2006
1. Preliminary contribution (D. +E. +F.) 39,597 87,290 104,197 108,256
2. Administrative expense 19.562 19,562 20.000 19.562
3. Annual contribution (1. +2.) 59,159 106,852 124,197 127,817
Estimated State Aid 158,991
4.E (162,171) (165,414) (162,171)
5. Estimated municipal contribution
0 0
$0
NOTE&
The values shown for 2005 are from the January 1, 2005 actuarial valuation report. The remaining values are based on
the following assumptions:
investment return: 5.00%
annual State Aid increase: 2.00%
number of active firefighters after 2005: 37
PRJAAF05. WK4 06/06/2005
�iililii�i�
BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION
Projected Cost of Alternative Benefit Increases
Current Plan Alternative 1 Alternaliyg 2
Lump sum amount: $6,000 $7,000 $7,500 $7,500
First effective January 1: 2004 2005 2006 2005
Liabilities below estimated as of January 1: 2005 2005 2006 2005
A. Pr ojected actu arial accrued Habilitil
1. Active members $2,070,230 $2,415,268 $2,821,000 $2,587,788
2. Vested terminated members 190,549 190,549 200,000 190,549
3. Retired members 406,845 406,845 386,000 406,845
4.S pouses receiving benefits 318,599 318,599 294,000 318,599
5. Children receiving benefits 0 0 0 0
6. Disabled members receiving benefits 0 0 0 0
7. Total actuarial accrued liability $2,986,223 $3,331,261 $3,701,000 $3,503,781
B. Projected ecial_fund 3,381,603 3,381,603 3,633,000 3,381,603
(assumes a 5% rate of return)
C Un funded accrued accrued liability (395,380) (50,342) 68,000 122,178
p. GSi for s urplus (39,538) (5,034) 0 0
E. Amorti7ation Winent N/A 0 5,197 9,337
i
F. Normgl cost 79,135 92,324 99,000 98,919
G. Annual contribution nav able; 2006 2006 2007 2006
1. Preliminary contribution (D. E. F.) 39,597 87,290 104,197 108,256
2. Administrative expense 19.562 19.562 20.000 19,562
3. Annual contribution (1. +2.) 59,159 106,852 124,197 127,817
4. Estimated State Aid (158,991) (162,171) (165,414) (162,171)
5. Estimated municipal contribution $0 $0 $0 $0
NOTES-
The values shown for 2005 are from the January 1, 2005 actuarial valuation report. The remaining values are based on
the following assumptions:
-investment return: 5.00%
annual State Aid increase: 2.00%
number of active firefighters a fir` 2005: 37
PRJAAF05. WK4 06/06/2005 l ii 1
Asset Allocation Presentation BROOKLYN CENTER FIRE DEPARTMENT
Current vs Strategic Allocation
Detailed Classification Analysis
Current Custom -FRA 60140
Large Cap Growth (12.71 Large Cap Growth (12.50
Large Cap Value (15.04
Large Cap Value (12.50
tip Mid Cap Growth (3.75 0 Mid Cap Growth (5.00
Mid Cap Value (9.10%) Mid Cap Value (5.00
El Small Cap Growth (2.95 Small Cap Growth (5.00
Small Cap Value (4.26 Small Cap Value (5.00
International Equity (18.93 International Equity (15.00
O Multi -Class (6.51%) Long Term Taxable Fixed Income (5.
Lon Term Taxable Fixed Income (5. 00
Intermediate Taxable Fixed Income
42 o (30.00
Intermediate Taxable Fixed Income Cash Equivalent (5.00
(5.42
International Fixed Income (0.11
Cash Equivalent (13.70
El Real Estate Investment Trusts (0.06
Other (2.02
Long Positions
Detail Current Strategic Difference
Large Cap Growth 473,462.53 12.71% 465,520.88 12.50% 7,941.65 -0.21%
Large Cap Value 560,254.71 15.04% 465,520.88 12.50% 94,733.83 -2.54%
Mid Cap Growth 139,729.34 3.75% 186,208.35 5.00% -46,479.01 1.25%
Mid Cap Value 339,023.82 9.10% 186,208.35 5.00% 152,815.47 -4.10%
Small Cap Growth 109,840.58 2.95% 186,208.35 5.00% 76,367.78 2.05%
Small Cap Value 158,820,39 4.26% 186,208.35 5.00% 27,387.97 0.74%
International Equity 704,931.38 18.93% 558,625.05 15.00% 146,306.33 -3.93%
Multi -Class 242,355.80 6.51% 0.00 0.00% 242,355.80 -6.51%
Long Term Taxable Fixed Income 201,997.98 5.42% 186,208.35 5.00% 15,789.63 -0.42%
Intermediate Taxable Fixed Income 201,929.29 5.42% 1,117,250.11 30.00% 915,320.82 24.58%
International Fixed Income 4,034.32 0.11% 0.00 0.00% 4,034.32 -0-11%
Cash Equivalent 510,370.07 13.70% 186,208.35 5.00% 324,161.72 -8.70%
Real Estate Investment Trusts 2,166.00 0.06% 0.00 0.00% 2,166.00 -0.06%
Other 75,250.82 2.02% 0.00 0.00% 75,250.82 -2.02%
Total: 3,724,167.02 100.00% 3,724,167.02 100.00% 0.00 0.00%
The Disclosures at the end of the report include definitions of the tens on this page and other detailed information.
Market Values are based on closing prices and positions as of 313112006 for security level holdings.
Copyright* 2006. Wachovia Securities, LLC. All Rights Reserved. Page 8 of 28
BROOKLYN CENTER FIRE
DEPARTMENT
RELIEF ASSOCIATION
Serving with Pride Since 1949
0 0
BCFD Requirements
It takes over 200 hours of training for a recruit
firefighter to become state certified in firefighter
1.
A members of the department train three Monday
nights a month and attend one business meeting
every month.
In addition, a member must respond to 33% of a
emerg enc y runs in order to remain a member of
the fire department.
0
BCFD Stats
Our response time from the time we are
dispatched on a ca to the time we arrive is
under 6 minutes.
We average 14 -20 firefighters responding on
emergency runs.
For the past three years we are averaging
between 950 to 1000 emergency runs per year,
or a most three ca s per day.
Pension History
Our fire department has not requested run
pay from the city for responding to fire and
emergency ca s. This is because historica y
when the State has raised the fire pension
cei ing, the City has a owed us to increase
our ump sum benefit to the maximum
a owed by State statutes.
The members have referred to this as
deferred compensation and inform the new
members that is why we do not receive run
pay ike other fire departments do in the
metro area
Comparable Fire Departments
City
City Population State 2% Contribution Run Pay
Alexandria 1 8,8201 $117,948' $63,1981 0 1
Brainerd 1 13,178 $197,480 $75,870 $158,400
Golden Valley 20,281 $156,619 $73,820 $152,821
Hopkins 17,145 1 $105,4171 $32,166 1 $135,545
Lake Johanna 39,459 1 $295,607 1 $82,381 $160,000
Northfield 17,1471 $134,670 1 $91,413 $121,000
Plymouth 65,894 $497,000 0 $385,000
Robbinsdale 14,123 $80,091 $100,000 $43,500
White Bear 24,325 1 $239,9201 01 $100,450 1
Brooklyn Center 29,785 1 $154,3461 0 1 0 1
Brooklyn Park 1 68,0001 $386,0001 $23,0001 $288,9271
1 Fridley 1 28,0001 $176,5521 01 $162,8801
West Metro 43,5711 $244,0901 NA I $188,0961
i
MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: August 25, 2006
SUBJECT: Hotel Development Agreement
At the May 9, 2005 EDA meeting a development agreement with Brooklyn Hotel
Partners, LLC was approved. Under the terms of the agreement, the developer would construct
two (2) hotels with a total of 250 rooms. The hotels would be physically linked by a 25,000
square foot water park. The entire development would also to be attached to the Earle Brown
Heritage Center via a covered walkway/link. Prior to the developers' submission of construction
plans for the issuance of building permits, the EDA development agreement was challenged by a
non profit group established the same day as the filing of the law suit. The Courts eventually
dismissed the suit as being without merit. However as a result of the law suit, sufficient time
passed to require the developer and the EDA to reconsider the terms and conditions upon which
the agreement was entered into. Also, the Embassy Suits changed its building format which
would have required some modification of the site and building plan. Monday evening staff is
prepared to discuss the terms and conditions of a new or restated development agreement that
could be brought to the EDA for their consideration.
Under the approved agreement which has not been rescinded, the developer would have
purchased the development site owned by the EDA for $2,160,000. The EDA had agreed to defer
payment for the property for a term of twenty (20) years without interest unless the property
were sold or refinanced. The developer was to build a 175 room Embassy Suites and a 75 room
Hampton Inn. The proposed agreement would have the developer still constructing a 175 room
hotel; the agreement identifies several hotel flags including Embassy Suites, Radisson, Sheraton
and Hilton as acceptable. It should be noted that the developer is still of the position of wanting
to build the Embassy Suites. At this time only a Holiday Express has been identified by the
developer for Phase Two (2) of the project. The developer was also required to construct a link to
the Heritage Center with the EDA contributing $1,000,000 as its share of the cost for the link.
The cost was based upon construction estimates for the link to be constructed on EDA property.
The part of the link constructed on the developers' property was to be paid for by the developer.
Finally, the developer was to build a 25,000 square foot water park connecting the two (2) hotels.
As stated in the development agreement the water park became a required development although
its inclusion was the concept of the developer and never was a development specifically sought
by the EDA. Under the proposed agreement, the water park would not be required. The
developer is still considering it however there is going to be a proliferation of such parks in the
near future. The developer has expressed an interest in creating a spa at the site but as noted such
additional developments would not be required. The addition of a water park or spa would be
optional for the developer.
The current agreement provides financial incentives to the developer in the form of tax
increment financing (TIF). The project is located within the boundaries of TIF District 2 which
expires in 2009. The developer would receive the TIF proceeds generated only by the hotel
project through the remaining life of the district but not to exceed $2, 600,000 on a pay as you go
basis. All TIF proceeds had to be used for eligible expenses as defined by statute. Under the
terms of the proposed agreement, the site would be removed from the TIF District and the City
would abate its portion of the taxes generated by the project for a period of ten (10) years. Each
of the two (2) phases of development would be abated separately for a ten (10) year period.
Again, the total abatement for both phases of the development would not exceed $2,600,000. The
development would pay property taxes as any other development with taxes being paid to the
School District, County and other taxing entities. The proposed agreement also differs from the
current agreement in that the EDA would sell the land to the developer for $1 and other
considerations as opposed to the $2,160,000 note that the EDA would receive in twenty (20)
years. At a 5% discount rate, the current value of the $2,160,000 the EDA would receive is
approximately $814,081. As previously noted, the current agreement requires an expenditure of
$1,000,000 on the part of the EDA for its share of the link between the Heritage Center and the
hotels. The proposed agreement would place the entire cost of the link upon the developer. As a
result of the exchange of the long term note from the developer to the EDA for the construction
of the link, the EDA realizes a net savings of approximately $185,919.
Assuming approval of the agreement, the developer would be required to start
construction on Phase 1 by April 30, 2007 and be completed by October 30, 2008. The developer
would then have until April 30, 2012 to start Phase 2 and be completed by October 30, 2013. The
Phase 1 abatement would run from 2010 to 2019 and the Phase 2 abatement assuming it is not
completed sooner would run from 2015 to 2024. Again, the duration could be shorter if the
maximum abatement of $2,600,000 is reached prior to these dates.
Assuming the project has a taxable market value of $25,000,000 upon completion, the
approximate distribution of property taxes would be; Hennepin County $131,958, Brooklyn
Center School District $160,675, Brooklyn Center HRA $3,660, City of Brooklyn Center
$161,034 (abated) and other taxing entities $36,662, State General Tax $254,618.
We expect to be able to complete the development agreement very shortly and have it
before the EDA for approval. Any changes to the language currently in the draft agreement
should be minor. Staff will be able to discuss this issue in greater detail with the EDA at Monday
evening's work session. At the work session, staff should be directed to complete the agreement
and bring it to the Commissioners for approval if they find the terms and conditions acceptable.
MEMORANDUM
TO: Mayor and City Council
FROM: Curt BKACity Manager
DATE: September 21, 2006
SUBJECT: Goal Setting Agenda
The City Council has tentatively set November 11 th as date for a goal setting retreat from
9 a.m. to 3 p.m. At your direction I have identified several potential facilitators with
experience in this area. I expect to receive proposals from them next week.
Monday, I would like to discuss the process that the Council expects to follow and clarify
the Councils expected outcomes from the retreat. The first meeting in October we should
have formal proposals that will be responsive to your expectations.
yyyyu�❑
urt Boganey
om: Diane Niesen
Sent: Sunday, September 17, 2006 10:02 AM
To: Curt Boganey
Cc: state.auditor @state.mn.us; Commissioner .Opat @co.hennepin.mn.us; sen.linda.scheid @senate.mn;
rep.debra.hilstrom @house.mn
Subject: RE: Planned discussion items from 9 -11 -06 meeting
To: Interim City Manager Boganey,
When I recently learned that the State of Minnesota requires City Councils to exercise full fiduciary responsibility by
seeing /approving all city expenditures, I was deeply troubled and concerned that I have not been given information by Brooklyn
Center staff to fulfill my duties under the law. I have been in office since Jan 1, 2003, and have never seen a City claims /check
register. I have no awareness of who is writing City checks, for what amounts, with what authority, for what purposes, and with
what checks and balance oversight to ensure Brooklyn Center is complying with Minnesota's Public Purpose Purchase Doctrine.
I /we also do not receive investment fund information, City cash flow statements, or TIF Reports; we receive Enterprise Liquor
Store, Enterprise Earle Brown Farm balance sheets and income statements but not Enterprise Golf Course (Centerbrook)
statements.
Brooklyn Center residents and businesses are dependent upon sound management of public funds, and the interconnection of
federal, state and county funds. Unless the City Council receives all the financial information needed to exercise sound judgment,
our hands are tied and we are operating only on a system of trust with current city employees, which is not allowed in the public
sector. A financial system of checks and balances exists as a protective measure to both the public, and public employees.
JQQrder to better understand this financial picture, 1 will make myself available Monday, Sep 18 to review the claims /check register
atever form it is in, paper or electronic, as Tuesday I am unavailable and Dan (Finance Director) is out Wed. -Fri. I then
ect Council will receive in each packet (twice per month) a list showing check numbers, dates, amounts, purpose and fund(s)
charged, to be presented for our review and approval.
For the next Council meeting, please add to the Agenda an item for Council discussion: Financial Reports. As it is the law that
Council see all expenditures, and that City Councils ensure that spending is appropriate to the public purpose, the discussion
should happen as soon as possible so Council begins receiving the reports we need to fulfill our responsibilities under the law,
and to the public who elected us. You indicated in your interview for the job of Brooklyn Center City Manager yesterday that staff
can provide reports of the Council's choosing. This item must therefore appear on a Council Agenda. You also indicated that
you had provided this information to the Brooklyn Park City Council when you were employed as their City Manager, so you are
familiar with the requirements and format.
I recently learned that the Brooklyn Park Council had at one time not been receiving the purpose for which expenditures were
being made, and when they did, community conversation ultimately led to an Investigation by the Office of the State Auditor. Even
though during your interview yesterday with the 5 members of the Brooklyn Center City Council for the position of City Manager,
you stated that opinions regarding that OSA Investigation in Brooklyn Park from: 1) the League of MN Cities, 2) the City of
Brooklyn Park's legal advisor Kennedy Graven (Jim Thompson), and 3) the then City of Brooklyn Park's EDA staff supported
your statement that there was 99% disagreement with the OSA's findings, I disagreed with you after reading through the list of
what I feel were numerous improper public expenditures. My job is to ensure only proper public expenditures be made using City
of Brooklyn Center public funds and unless 1 am given full information, I cannot assess and monitor the situation. I am sure you
can appreciate my position and role.
If there is any reason why you would decline to place this Agenda item on Council Agenda for Sep 25, 2006, please indicate.
Also, if you know of any reason why Council should not receive the information outlined in this email, please reply and help me
understand the reason(s) for your position. If this is a question that should be directed to our City Attorney Charlie LeFevere,
Kennedy Graven, please so direct. Time if of the essence as we have not approved the final budget for 2007, which includes
staffs regular request for $250,000 for our EDA fund. I look forward to your response.
S e Niesen
Brooklyn Center City Council
9/21/2006