HomeMy WebLinkAbout2006-046 CCRMember Kay Lasman introduced the following resolution and moved
its adoption:
RESOLUTION NO. 2006-46
RESOLUTION ESTABLISHING CITY COUNCIL CODE OF POLICIES AND
REPEALING PREVIOUS RESOLUTIONS AND MOTIONS IN THE FORM OF
POLICY STATEMENTS
WHEREAS, the Brooklyn Center City Council from time to time has adopted
resolutions or motions in the form of policies or directives for continuing action or setting forth
expectations for operation; and
WHEREAS, since the City's establishment as a village, numerous such resolutions
and motions have been adopted without a formal compilation; and
WHEREAS, it would be helpful to establish a Code of City Council Policies to
collate these actions in one document for ease of reference and amendment; and
WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a
proposed City Council Code of Policies; and
WHEREAS, the City Council has determined that adoption of the proposed City
Council Code of Polices set forth in Exhibit "A" would be reasonable and proper; and
WHEREAS, the City Council has regularly amended the Pay Plan for Employees and
the Personnel Policy and it would be appropriate to maintain the Pay Plan and Personnel Policy as
separate policies unaffected by the adoption of the City Council Code of Policies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the City Council Code of Policies as set forth in Exhibit A be and
hereby are adopted.
BE IT FURTHER RESOLVED that, with the exception of the City Employee Pay
Plan and Personnel Policy, that all previous resolutions and motions establishing policies or
procedures be and hereby are superseded by the City Council Code of Policies adopted hereby and
are of no further effect.
April 10. 2006 X-X'
Date U Mayorl'A
44
ATTEST:
~d
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kathleen Carmody
and MyrnaoKragnessr,gKathleeneCain thereon, ly Smtean,nManeflNieoser►, and Mary O'Connor;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2006-46
Exhibit "A"
City of
Brooklyn Center
1
City Council
Code of Policies
RESOLUTION NO. 2006-46
City of Brooklyn Center
City Council Code of Policies
Contents
Introduction
This City Council Code of Policies is a codification of City Council policies regarding a variety of City
functions. It also establishes schedules for the review of various services. Its adoption as a code allows
for the compilation in one place of City Council policies. With its adoption on ,
only those policies incorporated in the resolution establishing this City Council Code of Policies are in
effect as of that date of adoption. Any prior resolutions or motions establishing policies were
superseded or repealed by virtue of the adoption of the City Council Code of Policies. Subsequent
resolutions amending the City Code of Policies will be incorporated into this code. City Council
policies may not conflict with State Law or City Charter or Ordinance.
Policies are intended as guidance in the conduct of City business. City staff is guided in its actions by
City Council policy. While policies serve to guide City staff, City Commissions, and the City Council,
the City Council, by majority vote, may take an action that is inconsistent with a policy that the City
Council has adopted. The City Council is vested with the authority to conduct City business and may do
so, consistent with the City Charter, City Code, Federal law, and State law, by a simple majority vote
unless an extraordinary majority is required by State Law or Charter.
Alphabetical Listing
Budget Policies
City Council Meetings, Processes, and Procedures
City Council Policies
Development and Housing Policies
Financial Policies
Miscellaneous Policies
Purchasing Policies
Schedule for Professional Services Policies
Special Assessment Policies
Street/Alley Lighting and Residential Stop Sign Policies
Utility Policies
1
245-251
101-113
201-209
254-258
220-235
264-275
252-253
261-263
210-219
259-260
')IA-')AA
RESOLUTION NO. 2006-46
City of Brooklyn Center
Contents 2 City Council Code of Policies
Section I - City Council Meetings, Processes, and Procedures
1.1 Types of Meetings 101-103
1.2 Notice of Meetings .................................................................................................................................103
1.3 Parliamentary Procedure ................................................................................................................104-106
1.4 Order of Business ...................................................................................................................................106
1.5 Varying Order ........................................................................................................................................106
1.6 Agenda 10-109
1.7 Addressing the City Council 109-110
1.8 Addressing the City Council After Motion is Made ..............................................................................110
1.9 Limitations Regarding Public Comments and Reports ..........................................................................110
1.10 Presiding Officer ....................................................................................................................................110
1.11 Questions to be Stated ............................................................................................................................110
1.12 Maintenance of Order .............................................................................................................................110
1.13 Motions 111-112
1.14 Duties at First Meeting of City Council 112-113
Section II - General Policies
CITY COUNCIL POLICIES
2.01 Policy on City Council Use of Electronic Mail 201-202
2.02 Policy on City Council Use of Voice Mail 203-205
2.03 Policy on City Council Commitment to the Brooklyn Center City Charter ...........................................206
2.04 Policy Declaring Elected Officials be Considered Employees for
Workers' Compensation Insurance Purposes ..................................................................................206
2.05 Policy and Procedure on Mayor and Council Member Total Compensation 207-208
2.06 Policy on City Council Out-of-State Travel ...........................................................................................209
SPECIAL ASSESSMENT POLICIES
2.10 Special Assessment Policy 210-218
2.11 Special Assessment and Internal Loan Interest Rate Policy ..................................................................219
FINANCIAL POLICIES
2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center 220-221
2.21 Financial Management Policies 222-229
2.22 Investment Policy 230-235
UTILITY POLICIES
2.30 Policy for Public Utility Account Collections 236-242
2.31 Policy Regarding the Sanitary Sewer Rate for the Elderly ....................................................................243
2.32 Water Utility Meter Reading Policy .244
BUDGET POLICIES
2.40 Guidelines for Funding Social Services 245-246
2.41 Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy... 247-249
2.42 Capital Reserve Fund Policy 250-251
RESOLUTION NO. 2006-46
City of Brooklyn Center
Contents 3 City Council Code of Policies
PURCHASING POLICIES
2.50 City Purchasing Policy ...........................................................................................................................252
2.51 City Disposal of Property Policy ............................................................................................................253
DEVELOPMENT AND HOUSING POLICIES
2.60 Housing Bond Policy & Procedures 254-255
2.61 Business Subsidy Policy 257-258
STREET/ALLEY LIGHTING AND RESIDENTIAL STOP SIGNS POLICIES
2.70 Street and Alley Lighting Policy ............................................................................................................259
2.71 Residential Stop Sign Policy ..................................................................................................................260
SCHEDULE FOR PROFESSIONAL SERVICES POLICIES
2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services 261-262
2.81 Schedule for Requests for Proposals for Legal Services ........................................................................263
MISCELLANEOUS POLICIES
2.90 Policy for the Sale of Salvaged Street Names Signs ..............................................................................264
2.91 Bias/Hate Crime Response Plan .............................................................................................................265
2.92 Policy Regarding the Use of City Water Towers for Personal Wireless Services Facilities.......... 266-269
2.93 Long-Term Deer Population Management Plan ....................................................................................270
2.94 Employee Recognition Program ............................................................................................................271
2.95 Business Ethics Policy 272-275
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
Table of Contents
1.1
Types of Meetings
101-103
1.2
Notice of Meetings .................................................................................................................................103
1.3
Parliamentary Procedure
104-106
1.4
Order of Business ...................................................................................................................................106
1.5
Varying Order ........................................................................................................................................106
1.6
Agenda
107-109
1.7
Addressing the City Council
109-110
1.8
Addressing the City Council After Motion is Made ..............................................................................110
1.9
Limitations Regarding Public Comments and Reports ..........................................................................110
1.10
Presiding Officer ....................................................................................................................................110
1.11
Questions to be Stated
.......110
1.12
Maintenance of Order .............................................................................................................................110
1.13
Motions
111-112
1.14
Duties at First Meeting of City Council
112-113
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
1.1 Types of City Council Meetings
1. Regular Meetings
A. The City Council of the City of Brooklyn Center shall hold meetings in the
Council Chambers of the City Hall, 6301 Shingle Creek Parkway, Brooklyn
Center, Minnesota, on the second and fourth Mondays of each month at 7:00 p.m.
No meeting will be held on a legal holiday, but a regular meeting shall be held at
the same hour on the next succeeding day that is not a holiday.
B. Regular meetings will be cablecast and the videotapes will be retained for three
months after approval of the official minutes of the meeting. The written Council
minutes are the permanent record for the City.
C. Procedures for Determining Whether Absences From Council Meetings are
Excused
1. The Brooklyn Center City Charter, Section 2.05 states "the Mayor or
Council member shall forfeit the office for ...(4) failure to attend three
consecutive regular meetings of the Council without being excused by the
Council."
2. The City Council of the City of Brooklyn Center, Minnesota, resolves that
the following provisions for recording and establishing unexcused
absences are set forth:
a. A member of the Council who will not be attending a meeting of
the Council, and who wishes to be excused, shall report to the
Mayor, Clerk, or Manager, either verbally or in writing at least two
hours prior to the meeting, stating the reason for such absence.
b. If such prior notice is given, the absence will be excused, and the
Mayor shall so declare for recording in the minutes; provided,
however, that any member of the Council who is present at such
meeting may move that the absence be declared unexcused. A
majority of the Council members present may declare such
absence to be unexcused if it is determined that there is not
sufficient reason to believe that the absence is for good cause
beyond the reasonable control of the absent Council member.
C. If no such prior notice is given, the absence will be unexcused, and
the Mayor shall so declare for recording in the minutes.
d. The Council may excuse absences previously declared to be
unexcused in the event the Council determines, on the basis of later
discovered information or evidence, that the absence was for good
cause beyond the reasonable control of the absent member.
City of Brooklyn Center March 2006 Page 101
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
e. Upon the absence of a Council member from a third consecutive
regular meeting of the Council, the Council shall:
1. Direct that written notice be served on the absent member
in the manner provided for service of legal process, stating:
That the Council intends to declare a vacancy in the
absent Council member's seat pursuant to Section
2.05 of the City Charter at a meeting of the Council
on a specified date, time, and place;
ii. That the ground for declaring the vacancy is failure
to attend three consecutive regular meetings of the
Council without being excused by the Council; and
iii. That the absent member may request a hearing by
written request delivered to the Mayor, Clerk, or
Manager prior to the call to order of the meeting
referred to in clause 1.
1
2. Call a special meeting of the Council which shall be within
ten (10) days of the meeting at which the third unexcused
absence occurred.
f. In the event no request for a hearing is received, the Council shall
proceed to declare a vacancy in accordance with the procedures set
forth in the City Charter.
g. In the event a request for hearing is received, the Council shall set
a date, time, and place for a hearing and shall so notify the absent
member. The date of the hearing shall be not less than ten (10)
days from the date the notice described in paragraph 5(A) was
effectively served.
h. At any such hearing the absent Council member may give
information and evidence:
1. That one or more of the three consecutive absences was in
fact excused;
2. That one or more of the three absences should have been
excused because the absence was for good cause beyond
the reasonable control of the absent member; or
3. That there is any other legal reason why the Council should
not declare the position vacant.
City of Brooklyn Center March 2006 Page 102
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
i. Following the hearing the Council shall determine whether to
declare a vacancy in the position and, if so, shall proceed in
accordance with the procedures set forth in the City Charter.
j. No member of the Council is eligible to vote on whether his or her
absence should be excused.
Reference: City Council Resolution No. 95-229
2. Informal Open Forum with City Council
The City Council of the City of Brooklyn Center shall hold an Informal Open Forum at
City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, at 6:45 p.m. prior
to the Regular meetings, which are held on the second and fourth Mondays of each
month.
Informal Open Forum provides an opportunity for the public to address the Council on
items that are not on the agenda. Informal 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.
3. Work Sessions
Work Sessions may be called when deemed necessary. Notice shall be delivered in the
prescribed manner. Public input regarding work session matters will be allowed at the
end of each Council work session topic. Public input will limited to a maximum of five
minutes per topic. Any member of the public desiring to address the Council shall raise
his/her hand, be recognized by the presiding officer, then proceed with their discussion.
All remarks and questions shall be addressed to the presiding officer and not to any
individual Council Member, staff member, or other person. During the public input
portion of the work session, all remarks shall be limited to the subject under discussion.
No person shall enter into any discussion without being recognized by the presiding
officer.
Reference: City Council Resolution No. 96-199
1.2 Notice of Meetings
Notice of all regular meetings, work sessions, and special and emergency meetings shall be
publicized and held at the regularly designated time or, in the case of special meetings,
appropriately publicized, with notice given to the local media and pre-designated individuals. In
addition, there is a provision for special or emergency meetings where the Council may transac
any form of City business. That provision sets specific procedures the Council must follow i
calling the meeting.
City of Brooklyn Center March 2006 Page 103
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
1.3 Parliamentary Procedure
The City Council has adopted Roberts Rules of Order Newly Revised for the conduct of
meetings. Parliamentary procedure is usually viewed as complex, but it can simply be
considered as a set of tools used to assure that a meeting goes smoothly and fairly. It is used to
facilitate a group coming to a majority decision when there are differing points of view.
1. Points of Order
The Presiding Officer shall determine all points of order subject to the right of any
member to appeal to the Council.
2. Parliamentary Appeal
Any member may appeal to the Council from a ruling of the Presiding Officer. If the
appeal is seconded, the member may speak once solely on the question involved and the
Presiding Officer may explain his/her ruling, but no other Council Member shall
participate in the discussion. The appeal shall be sustained if it is approved by a majority
of the members present exclusive of the Presiding Officer.
1
3. Decorum and Order - Council Members
A. Any Council Member desiring to speak shall address the Presiding Officer and
upon recognition, shall address only the question under debate.
B. Council Member desiring to question the staff shall address the question to the
City Manager or City Attorney, in appropriate cases, who shall respond to the
inquiry or designate a staff member to do so.
C. A Council Member, once recognized, shall be interrupted while speaking only if
called to order by the Presiding Officer, a point of order is raised by another
Council Member, or the speaker chooses to yield to questions from another
Council Member.
D. Any Council Member called to order while speaking shall cease speaking
immediately until the question of order is determined. If ruled to be in order, he
or she shall proceed. If ruled to be not in order, he or she shall remain silent or
shall alter his/her remarks so as to comply with rules of the Council.
E. Council Members shall accord courtesy to each other, to City employees, and to
the public appearing before the Council and shall refrain at all times from rude
and derogatory remarks, reflections as to integrity, abusive comments, and
statements as to motives and personalities.
City of Brooklyn Center
March 2006 Page 104
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
F. Any Council Member may move to require the Presiding Officer to enforce the
rules. Upon the affirmative vote of a majority of the Council, the Presiding
Officer shall do so.
4. Decorum and Order - Employees
Staff members shall observe the same rules of procedure and decorum applicable to
members of the Council. The City Manager shall ensure that they observe such decorum.
Any staff member, including the City Manager, desiring to address the Council or
members of the public shall first be recognized by the Presiding Officer. All remarks
shall be addressed to or through the Presiding Officer.
5. Decorum and Order - Public
Members of the public attending Council meetings shall observe the same rules of order
and decorum applicable to the Council. The Presiding Officer may order the removal of
any person who makes inappropriate remarks or who becomes boisterous while
addressing the Council and bar that person from further audience with Council.
6. Enforcement of Decorum
The City Manager shall carry out the orders and instructions of the Presiding Officer for
maintaining order and decorum in the Council Chambers.
7. Personal Privilege
The right of a member to address the Council on a question of personal privilege shall be
limited to cases in which his/her integrity, character, or motives are questioned or
impugned.
8. Conflict of Interest
Any Council Member prevented from voting because of a conflict of interest shall refrain
from debate and voting. That Council Member may choose to leave the Council
Chambers during debate and voting on the issue.
9. Limitation of Debate
A Council Member normally should speak only once on a subject until every other
member choosing to speak has done so.
10. Dissents and Protests
Any Council Member shall have the right to express dissent from or protest any action o
the Council. A Council Member wishing to have the dissent or protest entered in th
minutes should state so with language such as "I would like to the minutes to show that
am opposed to this action for the following reasons:"
City of Brooklyn Center March 2006 Page 105
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
11. Rulings of Presiding Officer Final Unless Overruled
The Presiding Officer shall decide all questions or interpretation of these rules, points of
order, or other questions of procedure requiring rulings. Unless overridden or suspended
by a majority vote of the Council Members present and voting, a ruling shall be final and
binding for purposes of the matter under consideration.
1.4 Order of Business
The order of business of each meeting shall be as contained in the agenda prepared by the City
Manager. The agenda shall be a listing of subjects which shall be taken up for consideration in
the following order:
1
1. Informal Open Forum with City Council - 6:45 p.m.
2. Invocation* - 7 p.m.
3. Call to Order Regular Business Meeting
4. Roll Call
5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
8. Presentations
9. Public Hearing
10. Planning Commission Items
11. Council Consideration Items (includes ordinances, resolutions, discussion items)
12. Adjournment
*All members of the City Council shall share equally in the responsibility for
determining who shall be permitted to deliver said invocations, and said invocations shall
not exceed two minutes in length, nor shall said invocations deliver any political
message, but instead will stringently adhere to the concept of what an invocation, by
definition is, which is, a petition for guidance, and lastly that any reference to a deity in
any invocation shall use the inclusive term "God" which is the broad-based spiritual term
used in our nation's Pledge of Allegiance, one nation under God," and is also the
term used on our currency and coins, "IN GOD WE TRUST."
Reference: City Council Resolution Nos. 2001-146; 98-28; 97-176; 97-12; 96-162
1.5 Varying Order
City Council Code of Policies
The order of business may be varied by the Presiding Officer. All Public Hearings shall be held
at the time specified in the notice of hearing unless several public hearings are scheduled at one
time; in that event they shall be heard as soon thereafter as practicable.
City of Brooklyn Center
March 2006
Page 106
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
1.6 Agenda
The agendas for regular Council meetings and Work Sessions are prepared in the City Manager's
office. Typically, agenda items are submitted to the City Manager by the City departments by
Monday preceding the Council meeting. On Monday preceding the Council meeting, a draft
agenda is prepared and discussed by City Staff.
The agenda will ordinarily be delivered to Council Members on Thursday preceding the Council
meeting. The agenda and all supporting material not of a confidential nature shall also be
available to the general public at the time it is delivered to the City Council.
1. Call to Order Informal Open Forum with City Council
The Mayor, Mayor pro tem, or Acting Mayor pro tem. shall call the Informal Open Forum
meeting to order at 6:45 p.m. Any person may address the Council on any subject
pertaining to City business not listed on the agenda during the time set aside for those
comments. The Presiding Officer may limit the time available to each person addressing
the Council. Rules governing appearances at Open Forum are provided at the site of
Council meetings.
2. Call to Order Regular Business Meeting
The Mayor, Mayor pro tem, or Acting Mayor pro tem. shall call the Council meeting to
order at 7 p.m.
3. Roll Call
Before proceeding with the business of the Council, the City Clerk shall record
attendance of the Council Members in the minutes.
4. Approval of Agenda and Consent Agenda
Routine and non-controversial items shall be placed on the Consent Agenda. These items
may be approved by one blanket motion upon unanimous consent. Any Council Member
may request that any item be withdrawn for separate consideration. The item(s) is then
placed under Council Consideration Items.
5. Policy Establishing Procedures for the Use of a Consent Agenda
The City Council must deliberate many agenda items at its meetings and the time
available for such deliberation is severely limited. The City Council desires to have as
much time as possible for the deliberation of significant agenda items which involv
establishment of City policy and goals. Some agenda items are of such routine
noncontroversial nature that they need minimal Council deliberation. The City Counci
desires to handle these agenda items as expeditiously as possible in order to provide more
time for significant agenda items. The City Charter provides in Section 3.03 (rules of
City of Brooklyn Center March 2006 Page 107
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
procedure and quorum) that the City Council shall determine its own rules and order of
business. The City Council resolves that the City Manager is hereby directed to prepare a
consent agenda for each regular Council meeting. The consent agenda shall contain those
items which in the judgment of the City Manager are routine, noncontroversial items that
require Council action but need little or no deliberation. The following procedures and
rules shall govern the use of the consent agenda by the City Council:
A. Full copies of the consent agenda will be provided in advance to both the City
Council and the Press, as well as to all citizens at the Council meeting.
B. Pursuant to Section 3.07 of the City Charter readings of resolutions placed on the
consent agenda are deemed to be waived by unanimous consent of the City
Council unless any Council member objects at the time the consent agenda is
considered.
C. At the request of any individual Council member any item or items on the consent
agenda may be removed from the consent agenda and placed upon the regular
agenda for discussion.
D. A motion to approve the consent agenda will not be debated.
E. The consent agenda shall only be adopted by a unanimous vote of those Council
members present at the meeting.
Reference: City Council Resolution No. 81-184
6. Amendment to Minutes
No amendment to the draft minutes included in the City Council packet will be in order
unless the proposed amendment has been presented to the City Council in a written form
suggesting changes or identifying language to be changed, including any proposed
deletion of text. The proposed written amendment will not be entertained unless provided
in written form allowing for sufficient copies to be made for all City Council members,
the Deputy Clerk and City Manager by 6:00 p.m. on the date of a regular City Council
meeting.
A Council Member who has not had sufficient time to prepare a written proposed
amendment to the draft City Council minutes for the most recent meeting, may move to
table the minutes to the next regular City Council meeting and if a majority vote in favor
of tabling the adoption of the draft minutes, such minutes will be tabled to the next
regular City Council meeting.
No amendment to draft City Council minutes that have been tabled will be in order or
entertained unless the amendment is provided to the City Manager in written form setting
forth the complete text of the proposed amendment, including any proposed deletion of
text, by noon on the Wednesday before the next regular City Council meeting following
the meeting at which the minutes were tabled
City of Brooklyn Center March 2006 Page 108
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
Reference: City Council Resolution No. 2005-121
7. Protocol for All Action Items on the Agenda (those following the Consent Agenda,
other than Public Hearing)
A. Mayor states subject matter of the agenda item
B. Mayor calls upon the City Manager to provide a staff report
1. City Manager
a. Reports on the agenda item
C. Mayor asks if there are any questions from the City Council
1. Council asks questions
a. Discussion is not in order at this point
b. Statements of opinion or position are not in order at this point
D. Mayor asks if there is a motion after the opportunity for City Council questions
E. Council makes and seconds motion (for purposes of discussion)
F. Mayor asks if there is any discussion on the motion:
1. In order at this time are:
a. Comments
b. Statements support/opposition
c. Additional questions
d. Germane motions
1. table
2. amend
2. Mayor recognizes Council Members wishing to discuss
a. All council members shall have an opportunity to discuss before a
member shall be recognized to speak more than once
b. Council Members shall directly address the specific motion and
keep their remarks germane to that motion
c. Council may make motion to limit or terminate discussion
1. This motion shall not be in order until each Council
Member shall have had an opportunity to speak on the
motion.
3. Mayor asks if there is further discussion (unless discussion has been
terminated by motion)
a. If there is none
G. Mayor calls for a vote on the motion
1. Mayor restates motion if requested by a Council Member
H. City Council votes on the motion
Reference: City Council Resolution No. 2003-172
8. Public Hearing
In interest of establishing a non-threatening and positive environment, the following rule
are established:
City of Brooklyn Center March 2006 Page 109
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SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
A. City Staff introduces item and gives staff report and recommendation
B. Questions of Staff by Council
C. Presiding Officer opens Public Hearing
1. Comments by applicant (if applicable, i.e., Planning Commission
applicant)
2. Comments by concerned persons
Presiding Officer will ask persons to identify themselves for the public
record before speaking at the hearing. All persons will address questions
to the Presiding Officer. The Presiding Officer will then determine who
will answer them. No one will be given an opportunity to speak a second
time until everyone has had an opportunity to speak initially. Those
speaking for the second time are asked to not be repetitive in their
presentation.
D. Close the Public Hearing
E. Questions by Council
F. Discussion by Council
G. Action by Council
1.7 Addressing the City Council
Any member of the public desiring to address the Council shall raise his/her hand, be recognized
by the Presiding Officer, then proceed to the podium. He or she shall state his/her name and
address for the record.
All remarks and questions shall be addressed to the Presiding Officer and not to any individual
Council Member, staff member, or other person. During a public hearing all remarks shall be
limited to the subject under consideration. No person shall enter into any discussion without
being recognized by the Presiding Officer.
1.8 Addressing the City Council After Motion is Made
After a motion has been made or after a public hearing has been closed, no person shall address
the Council without first securing permission from the Presiding Officer.
1.9 Limitations Regarding Public Comments and Reports
No speaker shall be permitted to address the Council on a topic which is currently before, or
about to be submitted for consideration by a City commission, board, or other agency. If an
appeal procedure is or was available, the Presiding Officer shall not allow oral communication to
the Council outside that procedure.
1.10 Presiding Officer
Section 2.06 of the Brooklyn Center City Charter designates the Mayor as Presiding Officer of
the City Council and a Mayor pro tem who serves as Mayor in the Mayor's absence. In the
absence of the Mayor and Mayor pro tem, the Acting Mayor pro tern shall preside. At its first
regular meeting in January, the Council, by a majority vote, shall designate a Mayor pro tem.
City of Brooklyn Center March 2006 Page 110
RESOLUTION NO. 2006-46
SECTION I - CITY COUNCIL MEETINGS, PROCESSES, AND PROCEDURES
City Council Code of Policies
The most senior Council Member shall be designated as Acting Mayor pro tem, and in the event
two or more members have equal seniority, then the member who received the most votes in
their most recent election shall be designated as Acting Mayor pro tem.
Reference: City Council Resolution No. 92-262
1.11 Questions to be Stated
The Presiding Officer shall verbally restate each question immediately prior to calling for the
vote, upon request from any Council Member. Following the vote, the Presiding Officer shall
verbally announce whether the question carried or was defeated. The Presiding Officer shall also
publicly state the effect of the vote for the benefit of the audience before proceeding to the next
item of business.
1.12 Maintenance of Order
The Presiding Officer is responsible for the maintenance of order and decorum at all times. No
person is allowed to speak who has not first been recognized by the Presiding Officer. All
questions and remarks shall be addressed to the Presiding Officer, or through the Presiding
Officer to the appropriate Council Member, Staff member, citizen, or representative.
1.13 Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate.
A motion shall not be withdrawn by the mover without the consent of the person seconding it.
1. Motions Out of Order
With majority consent of the Council, the Presiding Officer may at any time allow an
item to be considered out of the regular agenda order.
2. Division of Question
If the question contains two or more propositions, the Presiding Officer may, and upon
request of a member, shall divide the same.
3. Precedence of Motions
When a motion is before the Council, no other motion shall be entertained except the
following which shall have precedence in the following order:
Adjourn
Fix Hour of Adjournment
Table
Limit or Terminate Discussion
AmendPostpone
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4. Motion to Adjourn (Not Debatable)
A. A motion to adjourn shall be in order at any time except:
1. When made as an interruption of a member while speaking,
2. When discussion has ended and vote on a motion is pending, and
3. While a vote is being taken
B. A motion to adjourn "to another time" shall be debatable only as to the time to
which the meeting is adjourned.
5. Motion to Fix Hour of Adjournment
All meetings and Work Sessions of the Council shall be adjourned by 11:00 p.m. unless
otherwise agreed to by at least a majority of the Council. A motion to set a different,
specific time at which to adjourn shall be undebatable and shall be unamendable except
by extraordinary vote (4/5ths).
6. Motion to Table
A motion to table shall be undebatable and shall preclude all amendments or debate of
the subject under consideration. If the motion prevails, the matter shall be "taken from
the table" at any time prior to the end of the next regular meeting, unless the motion is to
either table indefinitely or to a date certain. If the motion is to table indefinitely, the
matter shall not be rescheduled without at least majority approval of the Council.
7. Motion to Limit or Terminate Discussion
A motion to limit or terminate discussion may be used to limit or close debate on, or
prohibit further amendment to, the pending motion. It is undebatable. If the motion fails,
debate shall be reopened; if the motion passes, a vote shall be taken on the pending
motion.
8. Motion to Amend
A motion to amend shall be debatable only as to amendment. A motion to amend an
amendment shall be in order, but a motion to amend an amendment to an amendment
shall not be in order. An amendment modifying the intention of a motion shall be in
order, but an amendment relating to a different matter shall not be in order. A substitute
motion on the same subject shall be acceptable, and voted on before a vote on the
amendment. Amendments shall be voted first, then the main motion as amended.
9. Motion to Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of
postponement and time set.
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1.14 Duties at First Meeting of City Council
Council performs several specific duties at the first meeting of the new year.
1. In Brooklyn Center, the Mayor is the presiding officer of the Council with the right of
one vote. The Mayor performs all duties conferred and imposed by the City Code or
Charter, by ordinance, and by state laws. The Mayor is usually referred to as "your
honor" in Council meetings by those present. The Council must elect a Mayor pro tem to
serve on occasions when the Mayor is absent and also an Acting Mayor pro tem to serve
in the event both the Mayor and Mayor pro tem are absent.
2. The Council must designate the official newspaper of the municipality where the City
will publish required materials.
3. The Council must designate an official depository for the cash funds of the City.
4. In the absence of a provision for it elsewhere, the Council should decide upon a time and
place for its regular meetings.
5. Unless previous bylaws are in effect, the Council should, at one of its first meetings,
establish bylaws which contain an outline of the order of business at Council meetings,
rules governing the deliberations of the Council, and provisions for the use of Council
committees, special meetings, methods of Council voting, and so forth.
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1
Table of Contents
CITY COUNCIL
2.01 Policy on City Council Use of Electronic Mail 201-202
2.02 Policy on City Council Use of Voice Mail 203-205
2.03 Policy on City Council Commitment to the Brooklyn Center City Charter ...........................................206
2.04 Policy Declaring Elected Officials be Considered Employees for
Workers' Compensation Insurance Purposes ..................................................................................206
2.05 Policy and Procedure on Mayor and Council Member Total Compensation 207-208
2.06 Policy on City Council Out-of-State Travel ...........................................................................................209
SPECIAL ASSESSMENT
2.10 Special Assessment Policy 210-218
2.11 Special Assessment and Internal Loan Interest Rate Policy ..................................................................219
INVESTMENT
2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center 220-221
2.21 Financial Management Policies 222-229
2.22 Investment Policy 230-235
UTILITY
2.30 Policy for Public Utility Account Collections 236-242
2.31 Policy Regarding the Sanitary Sewer Rate for the Elderly ....................................................................243
2.32 Water Utility Meter Reading Policy .......................................................................................................244
BUDGET
2.40 Guidelines for Funding Social Services 245-246
2.41 Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy 247-249
2.42 Capital Reserve Fund Policy 250-251
PURCHASING/DISPOSAL OF PROPERTY
2.50 City Purchasing Policy ...........................................................................................................................252
2.51 City Disposal of Property Policy ............................................................................................................253
DEVELOPMENT AND HOUSING
2.60 Housing Bond Policy & Procedures 254-256
2.61 Business Subsidy Policy 257-258
STREET/ALLEY LIGHTING AND RESIDENTIAL STOP SIGNS
2.70 Street and"Alley Lighting Policy ............................................................................................................259
2.71 Residential Stop Sign Policy ..................................................................................................................260
SCHEDULE FOR PROFESSIONAL SERVICES
2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services 261-262
2.81 Schedule for Requests for Proposals for Legal Services ........................................................................263
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Section II - General Policies 2 Table of Contents
MISCELLANEOUS
2.90 Policy for the Sale of Salvaged Street Names Signs ..............................................................................264
2.91 Bias/Hate Crime Response Plan .............................................................................................................265
2.92 Policy Regarding the Use of City Water Towers for Personal Wireless Services Facilities.......... 266-269
2.93 Long-Term Deer Population Management Plan ....................................................................................270
2.94 Employee Recognition Program ............................................................................................................271
2.95 Business Ethics Policy 272-275
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CITY COUNCIL POLICIES
2.01 Policy on City Council Use of Electronic Mail
1. Support and Training
A. City staff will provide user training to the City Council for electronic mail (e-
mail) and voice mail.
B. City staff will provide user support during normal business hours, only for
equipment, software and communication facilities belonging to the City.
2. City Systems Use
A. Computer equipment, computer programs and communication facilities connected
to the City network are to be used for purposes of the City. They may not be used
for any commercial or political purposes.
B. Users may not use City facilities to communicate to others material that is
obscene, indecent, or patently offensive in the workplace.
1
3. Electronic Mail
A. Each Council Member will be responsible for selecting his/her own Internet
service provider and for maintaining his/her own subscription to the service.
B. The City will not purchase for Council Members any additional equipment or
services, such as personal computers or phone lines, that are required for e-mail
access.
C. The MIS/Technology Coordinator will assign each Council Member an official
City e-mail address (i.e. councihnemberlastname@ci.brooklyn-center.mn.us) in
Novel GroupWise. Novel GroupWise will be accessed by Council Members
through the Internet.
D. The official City e-mail address will be used only by the Council Member to
whom it is assigned.
E. The primary purpose of the official e-mail address will be to communicate with
Council Members, constituents and City staff.
1
F. It is the nature of most e-mail systems that the security of messages cannot be
guaranteed; therefore, users should not use e-mail to transmit messages containing
data that must be kept secure.
G. Users should exercise good judgment in both the type of message created and in
the tone and content of messages. E-mail messages must be able to withstand
City of Brooklyn Center March 2006 Page 201
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public scrutiny without embarrassment to the City if messages are forwarded
beyond the intended recipients, accessed or inadvertently disclosed, subpoenaed
in a legal action, or otherwise made public. Users should use generally accepted
standards of business conversation in their e-mail messages.
H. Users should be aware that communications using e-mail fall under the guidelines
of the Data Practices Act.
I. Electronic mail is intended as a medium for fast communication, not a medium
for storage of valuable files. Users should save and file important e-mail
messages in other applications.
J. City Council Electronic Mail Protocol. In addition to the general public policies
regarding the use of City e-mail, the following protocol shall be observed by the
City Council Members with respect to the use of e-mail and avoidance of possible
Open Meeting Law issues:
City Council Members will not e-mail between or among themselves
except for the limited purpose of.
a. Notifying Council Members that they will not be able to attend a
meeting of the City Council, a City Commission, or other meeting
to which they have been invited as a City Council Member
2. City Council Members may direct e-mail to the City Manager, without
copy to the City Council, any requests that items be placed on an agenda
or informational items that they would like to have the City Council
receive.
a. The City Manager will place agenda request items on the
appropriate agenda upon the Council Member's request or place an
item on a Work Session agenda to discuss with the City Council
whether the Council wishes to have the item placed on an agenda.
b. The City Manager will distribute general informational items
received from City Council members through the weekly update or
City mail.
C. If the City Manager fails to place an item on either a regular or
Work Session agenda, a Council Member may raise the issue
under the miscellaneous portion of a Study Session or Work
Session. City Council members may raise requests to place an item
on a future agenda during the miscellaneous portion of the Study
or Work Session agendas without having first requested their
placement through the City Manager.
Reference: City Council Resolution Nos. 2003-172; 2000-145; 2000-54
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2.02 Policy on City Council Use of Voice Mail
1. The MIS/Technology Coordinator will assign each Council Member an official City
voice mailbox.
2. Each Council Member will complete a Voice Mail Greeting Information Form that will
indicate individual greeting preferences.
3. City staff will be responsible for recording each Council Member's voice mail greeting
using the guidelines set forth in the attached Voice Mail Standard Greeting Information
Form and the Voice Mail Alternate Greeting Information Form. Council Members may
request that staff record an alternate greeting when the Council Member will not be
checking voice mail for an extended period.
4. Each Council Member will be responsible for checking his/her voice mail with the
frequency s/he indicates on the Voice Mail Standard Greeting Information Form unless
s/he has requested that his/her voice mail be programmed with an alternate greeting and
has submitted to the City Clerk the attached Voice Mail Alternate Greeting Information
Form.
1
5. Long distance telephone charges that accrue when a Council Member checks his/her
official City voice mail will be reimbursed by the City. The Council Member must
submit documentation of the charges in the form of a billing statement or receipt.
Reference: City Council Resolution Nos. 2000-145; 2000-54
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Voice Mail Standard Greeting Information Form
The following bold type will be the standard greeting for mayor and council member voice mail. To
assist staff with the recording of your greeting, please provide information or preferences where
indicated by 4.
"You have reached the voice mail of Brooklyn Center Mayor/Council Member (NAME).
+ Name:
Mayor/Council Member (NAME) does not keep business hours at City Hall, but s/he does check
voice mail every (FREOUENCY).
4 When will you be checking for voice mail messages (i.e. every evening, on certain
days of the week, etc.)?
S/he will respond to your message within day(s).
4 How long should a caller plan to wait for your response?
If you have a concern that cannot wait, (A and/or B).
4 Please choose the option(s) you would like:
❑ A) you may try to contact Mayor/Council Member (NAME) at (ALTERNATIVE
LOCATION) at (PHONE NUMBER). Again, that number is (PHONE NUMBER).
If you chose this option please provide the following:
Alternative location:
Phone number for alternative location:
❑ B) between 8:00 a.m. and 4:30 p.m. on regular business days, you may press AO"
for a receptionist.
If you would like to leave a message for Mayor/Council Member (NAME!, please speak slowly and
distinctly, and leave your name, phone number and a brief message after the tone."
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Voice Mail Alternate Greeting Information Form
The following bold type will be the alternate greeting for mayor and council member voice mail. If you
are not planning to check your voice mail with the frequency indicated on your standard greeting,
please complete this form and submit it to the City Clerk. Insert the appropriate information at each 4.
4 On what date do you want the alternate greeting to begin?
4 On what date do you want your voice mail to return to your standard greeting?
"You have reached the voice mail of Brooklyn Center Mayor/Council Member (NAME).
4 Name:
Mayor/Council Member (NAME) will not be checking his/her voice mail until (DATE).
4 On what date will you be checking for voice mail messages?
1
S/he will respond to your message as soon as possible after that time. If you have a concern that
cannot wait, and you are calling between 8:00 a.m. and 4:30 p.m. on a regular business day, you
may press "0" for a receptionist. If you would like to leave a message for Mayor/Council Member
(NAME), please speak slowly and distinctly, and leave your name, phone number and a brief
message after the tone."
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March 2006
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2.03 Policy on City Council Commitment to the Brooklyn Center City Charter
For the first meeting of the City Council each January, a resolution is placed on the agenda as
information and reminder of Council/Manager responsibilities. The City Council resolves:
1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to
ensuring compliance by the City Council collectively and individually with that spirit and
letter of the City Charter.
2. To rededicate itself to the checks and balances of the City Charter that keep City
government accountable.
3. To pledge that in its dealings with citizens and City staff, that the City Council will treat
such citizens and staff with respect and courtesy. The Council shall deal with staff in
accordance with the City Charter through the City Manager.
4. To discharge its responsibilities as intended and established by federal, state, and local
laws and the City Charter, and to do so in a fair and impartial manner for the good of the
whole City without regard for personal gain or interests.
Reference: City Council Resolution No. 2004-08
2.04 Policy Declaring Elected Officials be Considered Employees for Workers' Compensation
Insurance Purposes
The Minnesota Workers' Compensation Act provides benefits to an "employee" who is injured
while working. Minnesota Statutes 176.011, subd. 9, clause 6, provides that municipal officers
elected or appointed for a regular term of office or to complete the unexpired portion of a regular
term are considered to be "employees" for workers' compensation insurance purposes only if the
City has passed an ordinance or resolution to that effect. The Brooklyn Center City Council
desires that the Mayor and Council Member be considered "employees" for workers'
compensation insurance purposes and adopted Resolution No. 2003-83 to comply with statutory
requirements.
Reference: City Council Resolution No. 2003-83
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2.05 Policy and Procedure on Mayor and Council Member Total Compensation
1. Need for Policy
The community is entitled to a clearly articulated, written description of the policy and
procedure for establishing the total compensation of local elected officials.
2. Policy
A. Service on the City Council is a civic obligation and an honor. The total
compensation of the Mayor and Council Members should, therefore, not
encourage candidacies based on monetary rather than public service objectives.
However, the compensation of Brooklyn Center elected officials shall be fair and
equitable in order to attract qualified candidates for local elective office.
B. The propriety of the compensation levels of the Mayor and Council Members
shall be evaluated through comparisons with compensation paid to similar
officials within the seven county metropolitan area.
C. The compensation levels of elected officials should be regularly reviewed and
adjusted to ensure compliance with the objectives of this policy and to avoid the
need for drastic or sudden compensation adjustments.
D. Compensation set pursuant to this policy and procedure shall be deemed to be the
total compensation for elected officials of the City with the exception of expense
reimbursement which shall be the same as provided all other City employees.
3. Procedure
A. The City Manager shall biennially prepare a compensation report that contains an
analysis of the compensation paid to elected officials of Minneapolis-St. Paul
Area Metropolitan cities having a population within 10,000 of the City of
Brooklyn Center that are generally fully developed {Such grouping shall include
the cities of Richfield, Roseville, Maplewood, Fridley, Shoreview,' White Bear
Lake, Crystal, New Hope, and Golden Valley, in addition to the City of Brooklyn
Center.) The report shall compute the average and median amounts paid to
Mayors and Council Members and correlate survey results to the current
compensation of Brooklyn Center elected City officials. The City Manager shall
assemble such additional information on compensation of City elected officials as
may be requested to assist the Commission and Council in their review of elected
official's compensation.
B. The City Manager shall submit the compensation report to the City Council and
the Financial Commission prior to June 1, for information pertaining to the
applicable calendar year.
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C. The Financial Commission shall biennially review the City Manager's
compensation report and discuss possible budgetary and public perception
impacts of the indicated changes. Prior to July 1 of the same year, the
Commission shall recommend to the City Council that the compensation of the
Mayor and Council Members either remain the same or be changed to some
specific amount in the manner prescribed by law.
D. Consistent with the City Charter, Section 2.07, the Mayor and Council Members
may, after conducting public hearings, set their compensation by ordinance. No
change in compensation shall be in effect until January 1, following the next
succeeding general election.
4. Authority
The authority for establishing compensation for the Mayor and Council Members is
found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section
2.07.
Reference: City Council Resolution No. 98-91; City Council Minutes 1/10/94
I
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2.06 Policy on City Council Out-Of-State Travel
1. When Appropriate
conference, course, or training opportunity in the continental United States sponsored by:
o US Conference of Mayors
o National League of Cities
o United States Government or agency thereof
or as authorized in advance by a majority vote of the City Council
City Council Code of Policies
2. Expense Limits
1
actual cost of travel:
o coach air fare or rail
o mileage at IRS rate
■ to and from terminal or depot
■ or to and from site of conference, course, or training
o shuttle bus, public transportation, or cab
■ as required to get to conference events and lodging
■ if taken to terminal or depot in Twin Cities
o actual cost of lodging and meals
■ any costs for persons other than the Council Member are not reimbursed, such as any
cost above the room charge that would have been incurred for the Council Member
alone are not reimbursed
cost of registration, materials, and classes at conference, course, or training opportunity
o costs of optional events that are primarily social in nature are not reimbursed
o cost of any person other than the Council Member to attend any event or function is not
reimbursed
3. Procedure for Approval of Travel
as part of the annual budget process, the City Council will identify the maximum amount
of money that may be spent for out of state travel by the Mayor and each Council
Member
provided funds are available within the limits set by the City Council, a Council Member
or the Mayor may attend an appropriate event as defined above if
o in the case of a City Council Member, the member has not already traveled out of
state in the current year or twice in the member's current term on the City
Council; or
o in the case of the Mayor, if the Mayor has not already traveled out of state in the
current calendar year; or
o by majority vote of the City Council, the travel has been approved
4. Annual review
- the policy shall be reviewed annually at a budget work session to determine if any
changes should be proposed for formal action by the City Council
Reference: City Council Resolution No. 2005-135
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March 2006
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SPECIAL ASSESSMENT POLICIES
2.10 Special Assessment Policy
1. General Policies
A. Initiation of Public Improvement Projects
Public improvement projects may be initiated by petition of affected property
owners. Public improvements may also be initiated by the City Council when, in
its judgment, such action is required.
The Capital Improvements Program shall detail a program of street improvements
based on Pavement Management Program data, street and utility maintenance
records, Municipal State Aid Standards, and the Local Storm Water Management
Plan.
B. History
In 1964, the Village Council approved a Special Assessment Policy which
detailed matters regarding the financing of public improvements as the
community developed. This Policy has been periodically amended, and related
policies approved by separate resolution. In 1985, a substantial change in policy
was approved by resolution, when the City abandoned residential assessments
based on frontage to adopt a policy based on residence unit. This policy is
intended to incorporate all policies related to improvement project financing. It is
understood that this policy cannot anticipate every situation, and that certain
circumstances may justify deviations from this policy.
C. Financing and Assessment Policies Applicable to all Types of Improvements
When an improvement is constructed which is of special benefit to properties
within a definable area, it is the intent of the City Council that special assessments
be levied against the benefited properties within that area to the extent that the
costs of such project can be deemed to benefit the properties. The following
general principles shall be used as a basis of the City's assessment policy:
1. The "project cost" of an improvement shall be deemed to include the costs
of all necessary construction work required to accomplish the
improvement, plus engineering, legal, administrative, financing, and other
contingent costs.
2. The "assessable cost" of an improvement shall be defined as being thos
costs, which, in the opinion of the City Council, are attributable to th
need for service in the area served by the improvement. Said "assessabl
cost" shall be equal to the "project cost" of the current project, minus any
City of Brooklyn Center March 2006 Page 210
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credit attributed to remaining useful life expectancy or to that part of the
improvement deemed to benefit the community as a whole.
3. Terms of special assessments shall be as follows:
a. Street improvements - 10 years
b. Bituminous alley improvements - 10 years
Concrete alley improvements - 20 years
c. Water and sanitary sewer hookups and improvements - 10 years
d. Storm sewer improvements - 10 years
Interest is charged at a rate established by the City Council at the time of
certification of the levy.
2. Surface Improvements
Surface improvements shall include grading and base construction, sidewalks, curb and
gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping,
beautification, and street lighting.
A. Standards for Surface Improvements
1. Arterial streets shall be of adequate width to accommodate projected
traffic volumes. Sidewalks shall be provided on both sides of all arterial
streets unless specifically omitted by the City Council, and shall be of the
width approved by the City Council.
2. Collector streets (including commercial and industrial access streets) shall
be designed based on anticipated usage, and shall normally be constructed
in accordance with state aid standards. Sidewalks may be provided on one
or both sides of all collector streets in accordance with the comprehensive
plan and shall be at least 5 feet in width, unless otherwise approved by the
Council. Wherever feasible, a boulevard at least 7 feet in width shall be
provided, measured from the street face of curb to the street face of the
sidewalk.
3. Residential streets shall be 30 to 36 feet in width, measured between faces
of curbs or edge of street, unless otherwise approved by the Council. The
Council may order the construction of sidewalks when such construction
is warranted.
4. Alleys, in residential areas, shall be of bituminous construction unless
drainage or other conditions require concrete.
5. Street lighting, when installed, shall be installed in accordance with the
Council's policy on street lighting. Mid-block lights may be installed
when the length of one block from the centerline of one intersecting street
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to the next intersecting street exceeds 700 feet, or when it is determined
that a special public safety benefit would accrue.
B. Assessment Formula for Surface Improvements
The assessments to be levied against properties within the benefited areas shall be
distributed to those properties on the basis of the following provisions:
1. Residential Streets
a. For residential properties zoned R1, the assessment to be applied
against each non-subdividable property shall be a unit amount
established annually by the City Council. Said assessment is
intended to represent a specific proportion of the average cost of
making a typical improvement, such as the average cost of
reconstructing a typical block of residential street. For properties
which may be legally subdividable into two or more lots, the
assessment to be applied shall equal the maximum number of lots
allowable times the unit assessment. The assessment shall be
calculated as follows:
1. For reconstruction or resurfacing of a residential street, the
average cost of a typical similar project shall be multiplied
by the Council's designated proportion to be assessed. The
total assessed shall be divided by the average number of
lots to be assessed to determine the unit assessment.
2. Absent any other policy changes, such as an increase in the
proportion of cost to be assessed, the unit assessment shall
be adjusted annually to reflect cost of living increases as
measured by the Construction Index.
b. For residential properties zoned R2, the assessment shall be
applied on a front foot basis, said unit being calculated as follows:
The RI unit assessment shall be divided by 75 feet, to determine
the front foot rate. The minimum assessment for an R2 property
shall be the RI unit assessment.
C. For residential properties zoned R3, the assessment shall be
applied per unit on the following basis. The R2 front foot rate
shall be multiplied by the total feet of frontage to determine the
total benefit. The total benefit shall be divided by the total number
of units in the development to determine the unit rate.
d. For R4 to R7 properties, commercial, industrial, institutional, or
special use properties, the benefits and resulting assessments shall
be determined on an individual project basis.
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e. For those properties zoned RI or R2 having frontage on two or
more streets, special assessments shall be levied for improvements
on only one of those frontages, at the owner's choice. For
example, a property on the corner of A street and B Avenue may
choose to be assessed when A street is improved, or B Avenue, but
not both.
2. Municipal State Aid Streets
a. For properties that are not commercial or industrial in project areas
which are primarily residential in character:
1. Benefiting properties abutting a state aid designated street
shall be assessed in the same manner as those abutting
other residential streets.
1
2. In those cases where a municipal state aid street
improvement project totally removes parking from a
residential street where parking was previously allowed, no
special assessments shall be levied. Where parking
arrangements have been made, special assessments shall be
levied.
b. For properties which are commercial or industrial in project areas
which are primarily residential in character, and for those
properties in commercial areas:
1. Commercial and industrial properties shall be assessed
based on an area (acreage) basis. An "A" zone of benefit
shall be determined on a project basis, but would typically
include that area of all properties abutting the street to be
improved, extending to a depth of 200 feet or the property
depth, whichever is less. A "B" zone of lesser benefit may
be established to identify those properties or portions of
properties which do not abut the improved roadway, but
which accrue benefit.
2. Unless otherwise approved by the City Council, benefiting
properties within this category will be assessed for 70
percent of the total project cost deemed to benefit the
properties in accordance with Section 1.C.
3. If there is a combination of commercial, industrial and
residential properties, the commercial-industrial rate will be
determined by calculating an equivalent footage rate based
on assessing 70 percent of the total project cost deemed to
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benefit the properties in accordance with Section l.C.,
while the residential properties will be assessed in
accordance with Section I.C. 3. Other Streets
a. Commercial and industrial properties abutting streets which are not
designated as Municipal State Aid routes shall be assessed in the
same manner as properties abutting State Aid routes.
b. For owner-occupied residential properties located in a
commercially zoned area, where such property is not susceptible to
subdivision into more than 2 residential uses with direct street
access, the assessment shall be equal to the assessment amount
established for residential properties zoned R-1 times the number
of lots into which the property is susceptible to subdivision.
4. Alleys
a. The cost of installation, resurfacing, or reconstruction shall be
assessed on a unit basis. Forty percent of the cost to be assessed
shall be assessed equally to all owners of lots abutting the alley.
The remaining 60 percent shall be assessed equally to all owners of
lots currently having access to the alley.
b. The cost to be assessed shall include all project costs. For
properties where a non-hard surfaced driveway exists, the cost of
constructing an asphalt driveway between the paved portion of the
alley and property line, minus the cost of sod restoration for an
equivalent area, shall be individually computed and added to the
uniform assessment for the specific property involved.
3. Subsurface Improvements
Subsurface improvements shall include water distribution lines, sanitary sewer lines and
storm sewer lines, ponds, or other drainage improvements.
A. Standards
Subsurface improvements shall be made to serve current and projected land use.
All installations shall conform to the minimum standards therefore as established
by those state, local, or federal agencies having jurisdiction over the proposed
installations. All installations shall also comply, to the maximum extent feasible,
to such quasi-official, nationally recognized standards as those of the American
Insurance Association (formerly National Board of Fire Underwriters).
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Service lines to the property line of each known or assumed building location
shall be installed in conjunction with the construction of the mains.
B. Water Mains
All properties shall be assessed their share of the cost of installing water main to
serve the property and the cost of installing the water service line between the
water main and the property line. In addition, all properties shall be assessed their
share of citywide or area improvements such as distribution mains, wells, above
ground storage, and elevated storage tanks.
For those improvement projects where existing main or appurtenances are
repaired or replaced, including service replacement to the property line, no
special assessments shall be charged. The full cost of said improvements
shall be financed by the Water Utility Fund.
2. For those improvement projects where main or appurtenances are installed
to provide new service to previously unserved properties, the full cost of
said improvement shall be assessed, with the basis being the Engineer's
determination of benefit to each newly served property.
3. All properties connecting to the water system shall be charged a
connection charge as per the most current utility rate structure. Properties
without services shall be responsible for the full cost of installing service
from the main to the building.
C. Sanitary Sewer
All properties shall be assessed their share of the cost of installing sanitary sewer
laterals to serve the property and the cost of installing the sanitary sewer service
line between the street and the property line. In addition, all properties shall be
assessed their share of citywide or area improvements such as interceptors and
pumping stations.
1. For those improvement projects where existing lateral or appurtenances
are repaired or replaced, including service replacement to the property
line, no special assessments shall be charged. The full cost of said
improvements shall be financed by the Sanitary Sewer Utility Fund.
2. For those improvement projects where lateral or appurtenances are
installed to provide new service to previously unserved properties, the full
cost of said improvement shall be assessed, with the basis being the
Engineer's determination of benefit to each newly served property.
3. All properties connecting to the sanitary sewer system shall be charged a
connection charge as per the most current utility rate structure. Properties
City of Brooklyn Center March 2006 Page 215
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without services shall be responsible for the full cost of installing a service
from the main to the building.
D. Storm Drainage
All properties shall be assessed their share of the cost of installing storm drainage
facilities to serve the property. In addition, all properties shall be assessed their
share of city-wide or area improvements such as interceptors and detention ponds.
1. For a project which includes construction of a storm sewer interceptor,
detention pond, or other regional facility, an engineering study shall
establish the distribution of benefit and determine the assessable portion of
the project cost.
The assessable cost of a storm sewer interceptor or detention pond shall be
assessed equally per unit of area (square foot, acre, etc.) over the entire
district served by the interceptor or detention pond.
The assessment is generally levied in the current year of construction of
the interceptor storm sewer or detention pond, and it is entirely likely that
a large number of properties will be assessed which do not receive
immediate and total drainage relief. It is, however, considered that such
properties do accrue benefit from the interceptor storm sewer since the
interceptor is available to receive lateral storm sewer connections, or the
detention pond or other regional facility may provide relief from storm
events of greater magnitude than a 5 year storm.
2. For those improvement projects where existing lateral or appurtenances
are repaired or replaced, or slightly upgraded, no special assessment shall
be charged. The full cost of said improvements shall be financed by the
Storm Drainage Utility Fund.
3. For those improvement projects where laterals or appurtenances are
installed to provide new service to previously unserved properties, or
where service is substantially upgraded, a portion of the cost of said
improvement shall be assessed. Said portion shall be the same as the
assessable portion of residential street improvement costs.
City of Brooklyn Center March 2006 Page 216
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4. Assessment Deferral Program
There shall exist a program to defer a portion of the special assessments of qualifying
persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said
program shall defer the payment of a portion of certified special assessments by property
owners who are at least 65 years of age or older or who are retired due to permanent and
total disability whose households meet certain financial characteristics.
A. Eligibility
The property upon which the assessment is deferred must be homesteaded;
2. The property is owned by a person at least 65 years of age on January 1 st
of the year in which payment of the first installment of the subject
assessment levy is due; or is owned by a person who is retired due to
permanent and total disability.
3. The applicant must have a "financial hardship" defined as:
a. An annual income for the applicant's household size which is at or
below the "Very Low Income" limit established annually by HUD
for the Minneapolis and St. Paul Metropolitan Area; and
b. The aggregate total of special assessment installments from
previously existing special assessment levies plus the first year of
the current levy will exceed 1 1/2 percent of the applicant's annual
income.
B. Calculation
The portion of the current levy which will be deferred will be that portion
of the levy against the applicant's property which requires a first year
installment payment which, when added to the applicant's annual
payments from previously existing special assessment levies, would result
in an aggregate total of special assessment installments totaling more than
1 1/2 percent of the applicant's annual income. The portion of the current
levy which can be paid without aggregating total installments above 1 1/2
percent of the applicant's annual income shall not be deferred.
2. Special assessments levied due to the applicant's failure-to-pay charges for
City services or failure to comply to City codes (i.e. delinquent utility
assessments, assessments for weed removals, assessments for nuisance
abatement, etc.) shall not be deferred, and installment payments for
existing levies for such services shall not be included in calculating the
maximum 1 1/2 percent aggregate payment.
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C. Interest
Simple interest at the rate of that particular assessment levy shall be added to the
deferred assessment, calculated from the date interest started to accrue on the
original levy (usually the October 1 immediately following the certification date)
to the date of payment of the deferred portion of the assessment.
D. Termination
The option to defer the payment of special assessments shall terminate and all
amount accumulated plus applicable interest, shall become due upon the
occurrence of one of the following events:
1. The death of the owner, provided that the spouse is otherwise not eligible
for the benefits.
2. The sale, transfer, or subdivision of the property or any part thereof.
3. If the property should for any reason lose its homestead status.
4. The City Council determines that a hardship no longer exists.
Reference: City Council Resolution Nos. 2005-17; 2001-122; 2000-195; 97-214; 97-118; 94-
274; 93-49; 90-138; 90-137; 85-34; 84-175; 83-190; 82-226; 81-244; 80-292
City of Brooklyn Center March 2006 Page 218
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2.11 Special Assessment and Internal Loan Interest Rate Policy
1. Policy Objective
The objective of this policy is to establish equitable interest rate charges for special
assessments levied against private property and for internal loans between funds. In the
case of special assessments, the goal is to not unfairly burden the property owner, but yet
recover the cost of borrowing from outside sources, recover the cost of administering the
special assessment, and protect the City from the possibility that special assessment
prepayments might impair the City's ability to service the bonds. In the case of internal
loans, the goal is to prevent the loss of interest income to City funds which would
otherwise invest their money.
2. Procedure
A. In January of each year, the staff shall review the previous year's interest rate
against the current market and recommend to the City Council an interest rate to
be adopted and used for all special assessments levied and all internal loans
outstanding for that year.
1
B. 1. The interest rate that will be used as a standard for setting the special
assessment and internal loan interest rates shall be the interest rate from
the City's most recent sale of improvement bonds with a ten year final
maturity.
2. If interest rates have changed substantially since that last bond sale, a
comparable City's bond sale will be used from the listing in the League of
Minnesota Cities magazine. Factors in determining comparability shall
include: final maturity of the bonds, that they were issued by a City, that
they were G.O. improvement bonds, and the City's bond rating.
C. To the interest rate from the most recent bond sale, 2% shall be added to cover the
City's cost of administration and protect the City from changes in market interest
rates. The resulting interest rate shall be rounded to the nearest half percent.
Reference: City Council Minutes 5/13/96
City of Brooklyn Center
March 2006
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FINANCIAL POLICIES
2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center
The City of Brooklyn Center is required under Governmental Accounting and Standards Board
(GASB) pronouncements to record and account for fixed assets in accordance with approved
City policies within certain Internal Revenue Service (IRS) regulations. With the
implementation of GASB 34, it will be required that all fixed assets be capitalized and accounted
for in the fund that provided financing for asset acquisition and should be credited with the value
of that asset.
Fixed Asset Capitalization and Depreciation Schedule
Asset Category I Value Threshold
Land improvements (parking lots, sidewalks, $25,000
fencing)
Buildings/Building improvements (excludes
$50,000
furnishings)
Furniture and furnishings
1$10,000
Technology equipment (computers,
$10,000
communication systems, printers)
Motorized vehicles (squad cars, pickup trucks,
$10,000
mowers)
Heavy equipment (plow trucks, fire trucks,
$25,000
loaders, graders)
Infrastructure improvements (water, sewer,
$250,000
storm sewer, street lights, streets)
Asset Type Examples
Non-infrastructure
Furniture and furnishings I Desks, tables, chairs
Computer hardware I Monitors, CPUs, printers
Communication equipment Telephone systems,
systems
Motor Vehicles
Cars and light trucks
Fire trucks
Heavy duty trucks
Motorized equipment
Heavy construction equipment
Ground maintenance
Other equipment
Improvements
Buildings
Useful Life
5 years
( 3 years
radio 10 years
5 years
15 years
10 years
Dozers, loaders, graders ( 10 years
Mowers, tractors and 15 years
attachments
Recreation equipment, 10 years
custodial equipment,
engineering equipment
I Parking lots, sidewalks, fences 25 years
Buildings, park shelters 125 years
1
City of Brooklyn Center March 2006 Page 220
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Infrastructure
Water systems
Sewer systems
Storm sewer systems
Street light systems
Traffic control systems
Streets
Trunks, mains, towers, pumps
t Trunks, mains, lift stations
Trunks, mains, ponds
Street lights
Signal lights
Paved
Reference: City Council Resolution No. 2002-185
City of Brooklyn Center
March 2006
City Council Code of Policies
! 25 years
25 years
25 years
15 years
' 15 years
25 years
Page 221
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2.21 Financial Management Policies
1. Purpose
The City of Brooklyn Center has a responsibility to its citizens to carefully account for
public funds, to manage municipal finances wisely, and to plan the adequate funding of
services desired by the public, including the provision and maintenance of public
facilities. The City also has the responsibility to its. citizens to provide both short-tern
and long-term future financial stability. The City must ensure that it is capable of
adequately funding and providing local government services needed by the community.
Further, the financial policies set forth herein, provide the basic framework for the overall
fiscal management of the City. Operating independently of changing circumstances and
conditions, these policies assist the decision making process of the City Council and
Administration.
Most of the policies represent long-standing principles, traditions and practices which
have guided the City in the past and have helped maintain financial stability over the past
years. The financial policies will be reviewed periodically to ascertain if modifications
are necessary.
2. Objectives
In order to achieve this purpose, this plan has the following objectives for the City's
fiscal performance:
A. To protect the City Council's policy-making ability by ensuring that important
policy decisions are not controlled by financial problems or emergencies and to
prevent financial difficulties.
B. To provide sound principles to guide the important decisions of the City Council
and of management which have significant fiscal impact and to enhance the City
Council's policy-making ability by providing accurate information on program
costs.
C. To set forth operational principles which minimize the cost of local government,
to the extent consistent with services desired by the public and which minimize
financial risk.
D. To employ revenue policies which prevent undue or unbalanced reliance on
certain revenues, especially property taxes; which distribute the costs of
municipal services fairly; and which provide adequate funds to operate desired
program and assist sound management of the city government by providin
accurate and timely information on financial conditions.
E. To provide essential public facilities and prevent deterioration of the City's public
facilities and its capital plant.
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F. To protect and enhance the City's credit rating and prevent default on any
municipal debts.
G. To ensure the legal use and protection of all City funds through a quality system
of financial and internal controls.
H. The City will maintain a Risk Management Program that will minimize the
impact of legal liabilities, natural disasters or other emergencies.
3. Financial Management Policies
A. Capital Improvement Budget Policies
1. The City will make all capital improvements in accordance with an
adopted Capital Improvement Budget.
2. The City will develop a multi-year plan for capital improvements and
update it at least biennially.
3. The City will enact an annual Capital Budget based on the multi-year
capital improvement plan. Future capital expenditures necessitated by
changes in population, changes in real estate development, or changes in
economic base will be calculated and included in Capital Budget
projections.
4. The City will coordinate development of the Capital Improvement Budget
with the development of the operating budget. Future operating costs
associated with new capital improvements will be projected and included
in operating budget forecasts.
5. The City will use intergovernmental assistance to finance only those
capital improvements, which are consistent with the adopted capital
improvement plan and City priorities and for which operating and
maintenance costs have been included in operating budget forecasts.
6. The City will project its equipment replacement and maintenance needs
for the next several years and will update this projection each year. From
this projection, a maintenance and replacement schedule will be developed
and followed.
7. The City staff will identify the estimated costs and potential funding
sources for each capital project proposal before it is submitted to the City
Council for approval.
8. The City will determine the least costly financing method over the length
of all new projects.
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B. Revenue Policies
1. The City will attempt to maintain a diversified and stable revenue system
to shelter it from short-run fluctuations in any one revenue source and to
minimize property taxes.
2. The City will estimate its annual revenue by an objective conservative
analytical process.
3. The City will project revenues for the next three years and will update this
projection annually. Each existing and potential revenue source will be
reexamined annually.
4. The City will maintain sound appraisal procedures to keep property values
correct. Property will be assessed at the legally mandated market value
for each type of property. Reassessments will be made of all property at
least every four years.
5. The City will follow an aggressive policy of collecting property tax
revenues. The annual level of uncollected property taxes should generally
not exceed two percent.
6. Each year the City will recalculate the full costs of activities supported by
user fees to identify the impact of inflation and other cost increases.
7. The City staff will recommend revised user fees with review by the City
Council on an annual bases, to adjust for the effects of inflation on the
City's cost of providing services.
8. The City will set fees and user charges for each Enterprise Fund, such as
Water and Sewer, at a level which fully supports the total direct and
indirect costs of the activity. Indirect costs include the cost of annual
depreciation of capital assets.
9. Whenever user charges and fees are determined to be appropriate for City
services, those charges and fees will generally be established at a level
which will recover the full cost of providing the service, including
administrative costs.
C. Debt Policies
1. The City will confine long-term borrowing to capital improvements or
projects which cannot be financed from current revenues.
2. When the City finances capital projects by issuing bonds, it will pay back
the bonds within a period not to exceed the expected useful life of the
project.
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3. On all projects, at least 50% of the principal shall be retired within ten
years.
4. The City will attempt to keep the average maturity of General Obligation
Bonds at or below 20 years.
5. Total debt service for General Obligation debt will not exceed five percent
of total annual locally generated operating revenue in the general, special
revenue, and proprietary funds.
6. Total General Obligation debt will not exceed two percent of the market
valuation of taxable property.
7. Where possible, the City will use special assessment, revenue or. other
self-supporting bonds instead of General Obligation Bonds.
8. The City will not incur debt to support current operations.
9. The City will maintain good communications with bond rating agencies
regarding its financial condition. The City will follow a policy of full
disclosure in every financial report and bond prospectus.
10. Direct net-debt (gross debt less debt fully supported by revenues) per
capita shall not exceed $600 per capita.
11. The City will require Minimum Assessment (Taxable Valuation)
Agreements on all projects in which the City is providing development
assistance through tax increment financing or committing its bonding
authority. This will ensure minimal cash flow (increment) to repay
obligations, provide another level of review before commitment (by the
City Assessor), and to the minimal value agreed upon, eliminate tax
appeals during the agreement period.
D. Reserve Policies
1. The City shall manage its cash flow needs by having a target unreserved
and undesignated General Fund balance at the close of each fiscal year
equal to between 50 and 52% of the next year's General Fund operating
budget.
2. Undesignated General Fund monies that are not required for cash flow
purposes may be transferred into other funds as may be appropriate or
needed during the fiscal year. It is specifically anticipated that transfers
will be made to the Street Reconstruction Fund, Capital Improvements
Fund, and the Technology Fund when operating results generate a surplus
of actual revenues over actual expenditures to serve as a recurring source
of funding for those three funds.
City of Brooklyn Center March 2006 Page 225
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E. Investment Policies
I. The City will make cash flow analysis of all funds on a regular basis.
Disbursement, collection and deposit of all funds will be scheduled to
ensure maximum cash availability.
2. When permitted by law, the City will pool cash from several different
funds for investment purposes.
3. The City will invest at least 98% of its idle cash on a continuous basis.
4. The City will analyze market conditions and investment securities to
determine what yield can be obtained, and attempt to secure the best
possible return on all cash investments.
5. The City's accounting system will provide regular information concerning
cash position and investment performance.
6. The City will maintain a formal written investment policy which will
contain legal and administrative guidelines necessary to ensure that the
City's available funds will be invested to the maximum extent possible, at
the highest rates obtainable at the time of the investment, consistent wit
minimizing credit and market risk and which provides proper safeguard
for the keeping of the City's investments.
F. Accounting, Auditing and Financial Reporting Policies
1. The City will establish and maintain a high standard of accounting
practices.
2. The accounting system will maintain records on a basis consistent with
accepted standards for local government accounting using a modified
accrual basis of accounting for all governmental funds and an accrual
basis of accounting for Enterprise and Internal Service Funds. Accounting
policies will reflect the principle of charging current taxpayers and/or
users for the full cost of providing current services.
3. Regular monthly and annual financial reports will present a summary of
financial activity by major types of funds.
4. Where possible, the reporting system will provide monthly information on
the total cost of specified services by type of expenditure and, if necessary,
by fund.
5. An independent public accounting firm will perform an annual audit an
will publicly issue an opinion concerning the City's finances.
City of Brooklyn Center March 2006 Page 226
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G. Risk Management Policies
1. The City will maintain a Risk Management Program that will minimize
the impact of legal liabilities, natural disasters or other emergencies
through the following activities:
a. Loss Prevention. Prevent negative occurrences.
b. Loss Control. Reduce or mitigate expenses of a negative
occurrence.
C. Loss Financing. Provide a means to finance losses.
d. Loss Information Management. Collect and analyze relevant data
to make prudent loss prevention, loss control and loss financing
decisions.
2. The City's Risk Management Program will:
a. Analyze all the City's risks.
b. Avoid risks whenever possible.
C. Reduce risks whenever possible.
d. Transfer risks to other entities when possible.
e. Of those risks that must be retained, it shall be the City's policy to
fund risks which the City can afford and transfer all other risks to
insurers.
3. The City will maintain an active Safety Committee comprised of City
employees.
4. The City will periodically conduct educational safety and risk avoidance
programs, through its Safety Committee and with the participation of its
insurers, within its various departments.
5. The Safety Committee will report to the City Manager, at least annually,
on the results and costs of the City's Risk Management Program for the
preceding year. The City Manager shall report annually to the City
Council.
H. Operating Budget Policies
1. In accordance with Chapter 7, Section 7.06 of the City Charter, the total
sum appropriated in the General Fund annual budget shall be equal to the
total estimated General Fund revenue and the allocated General Fund
balance.
2. The City will pay for all current expenditures with current revenues. The
City will avoid budgetary procedures that balance current expenditures at
the expense of meeting future year's revenues, or rolling over short-term
City of Brooklyn Center March 2006 Page 227
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debt, or that rely on accumulated fund balances to meet current
obligations.
3. The City will annually appropriate a contingency appropriation in the
General Fund budget, not to exceed five percent of the total budget, to
provide for unanticipated expenditure of a non-recurring nature.
4. The City Manager, when submitting the Proposed Budget to the City
Council, shall submit a balanced budget in which appropriations shall not
exceed the total of the estimated General Fund revenue and the fund
balance available after applying the Adequate General Fund Balance
Formula.
5. Prior to adopting the General Fund Annual Budget, the City Council shall
review the Adequate General Fund Balance Policy Formula.
6. In the event that there is a shortfall of revenues in a current year budget,
the City Manager may recommend the use of a portion of the General
Fund balance not to exceed the amount available after deducting amounts
reserved for items not readily convertible to cash or reserved for working
capital or already appropriated to the General Fund current budget as
shown on he most recent Adequate General Fund Balance Policy Formula
as established by the City Council.
7. The budget will provide for adequate maintenance of the capital plant and
equipment, and for their orderly replacement.
8. The budget will provide for adequate funding of all retirement systems.
9. The City will maintain a budgetary control system to assist in adhering to
the budget.
10. The City administration will prepare regular monthly reports comparing
actual revenues and expenditures to the budgeted amount.
11. Each year the City will update expenditure projections for its Enterprise
Funds for the next three years. Projections will include estimated
operating costs of future capital improvements included in the Capital
Budget.
12. The Operating Budget will describe the major goals to be achieved, and
the services and programs to be delivered for the level of funding
provided.
13. Where possible, the City will integrate performance measurement an
productivity indicators with the budget.
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14. Enterprise funds shall be budgeted to have positive net income plus a
sufficient margin to provide for replacement cost of property, plant, and
equipment.
1. Ethics Policy
The City will maintain, and periodically review, a formal written ethics policy for
all City employees and elected officials.
J. Role of Auditors
The City's independent auditors shall be required, in the course of their audit, in
the form of their management letter, to report any conditions that appear to be
violations of our financial management policy.
Reference: City Council Resolution Nos. 2004-189; 99-21; 98-48; City Council Minutes
5/22/95; 6/8/92; 2/26/90; 12/22/80
1
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2.22 Investment Policy
1. Scope
This investment policy applies to all of the investment activities of the City, except for
the Employee Deferred Compensation Agency Fund and the proceeds of refunding bond
issues where the investment of such proceeds is specifically governed by the bond escrow
agreement.
2. Objective
A. Safety
Safety and principal is the foremost objective of the investment program.
Investments shall be undertaken in a manner that seeks to ensure the preservation
of capital in the overall portfolio. The objective will be to mitigate credit risk and
interest rate risk.
1. Credit Risk
Credit risk is the risk of loss due to failure of the security issuer or backer.
Credit risk may be mitigated by:
a. Limiting investments to the safest types of securities; and
b. Pre-qualifying the financial institution, broker/dealer,
intermediaries, and advisors with which an entity will do business;
and
c. Diversifying the investment portfolio so that potential losses on
individual securities will be minimized.
2. Interest Rate Risk
Interest rate risk is the risk that the market value of securities in the
portfolio will fall due to changes in general interest rate. Interest rate risk
may be mitigated by:
a. Structuring the investment portfolio so that securities mature to
meet cash requirements for ongoing operations, thereby avoiding
the need to sell securities on the open market prior to maturity; and
b. By investing operating funds primarily in shorter-term securities.
City of Brooklyn Center March 2006 Page 230
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B. Liquidity
City Council Code of Policies
The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature concurrent with cash needs to
meet anticipated demands. Furthermore, since all possible cash demands cannot
be anticipated, the portfolio should contain a large component of securities with
active secondary or resale markets.
C. Yield
The investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account the investment risk constraints and liquidity needs. Return on investment
is of least importance compared to the safety and liquidity objectives described
above. The core of investments are limited to relatively low risk securities in
anticipation of earning a fair return relative to the risk being assumed. Securities
shall be held to maturity with the following exceptions:
1. Liquidity needs of the portfolio require that the security be sold.
1
2. A security of declining credit could be sold early to minimize loss of
principal.
D. Stable Earnings
Since investment earnings are included in the budgeted revenues of the City, it is
important that these earnings be stable and predictable through at least the next
budget cycle. This points to the need to purchase securities of various maturities
so that at least half of the portfolio will remain for two or more years with known
interest rates.
3. Standards of Care
A. Prudence
The standard of prudence to be used by investment officials shall be the prudent
person standard and shall be applied in the context of managing an overall
portfolio. Investment officials acting in accordance with this policy and
exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and the purchase and sale of
securities are carried out in accordance with the terms of the policy.
Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
City of Brooklyn Center March 2006 Page 231
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considering the probable safety of their capital as well as the probable income to
be derived.
B. Ethics and Conflicts of Interest
Officials involved in the investment process shall refrain from personal business
activity that could conflict with the proper execution and management of the
investment program, or that could impair their ability to make impartial decisions.
Officials shall disclose any material interests in financial institutions with which
they conduct business. They shall further disclose any personal
financial/investment positions that could be related to the performance of the
investment portfolio. Officials shall refrain from undertaking personal investment
transactions with the same individual with whom business in conducted on behalf
of the City.
C. Delegation of Authority
Authority to manage the investment program is derived from Minnesota State
Statutes, Chapter 118A and Brooklyn Center City Charter Chapter 6, Section 6.04
and is granted to the City Manager, City Treasurer, and Assistant City Treasurer.
Responsibility for the operation of the investment program may be delegated by
the City Manager to the City Treasurer, who shall carry out the program
consistent with this policy. No person may engage in any investment transaction
except as provided under the terms of this policy. The City Treasurer shall be
responsible to the City Manager for all transactions undertaken and shall establish
a system of controls to regulate the execution of all investment transactions.
D. Training
To ensure the competence of its investment officials, the City shall provide the
opportunity for the officials to attend such investment training programs as are
available and suitable.
4. Safekeeping and Custody
A. Authorized Financial Dealers and Institutions
A resolution shall be submitted to the City Council at least annually to designate
depositories of City funds. This shall include institutions and dealers/brokers
where accounts are maintained for banking services, purchase and sale of
investment securities, and the custody of securities.
The City Treasurer shall provide to each broker or institution a written stateme
of investment restrictions which shall include a provision that all futur
investments are to be made in accordance with Minnesota Statutes governing th
investment of public funds, prior to completing an initial transaction, and annuall
thereafter.
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An annual review of the depositories shall be conducted by the City Treasurer.
Requests for Proposals for banking services and custodian for investment
securities shall be conducted on a periodic basis as defined in the Policy and
Procedure on Requests for Proposals for Financial Professional Services.
B. Internal Controls
The City Treasurer is responsible for establishing and maintaining an internal
control structure designed to ensure that the assets of the City are protected from
loss, theft, or misuse. The internal control structure shall be designed to provide
reasonable assurance that these objectives are met. The concept of reasonable
assurance recognizes that the cost of a control should not exceed the benefits
likely to be derived and the valuation of costs and benefits requires estimates and
judgments by management. Internal controls shall include the following:
1. Control of Collusion. Collusion is a situation where two or more
employees are working in conjunction to defraud their employer.
2. Custodial safekeeping. Securities purchased from any bank or dealer shall
be placed with an independent third party for custodial safekeeping or held
in an account with the Federal Reserve Bank of Minneapolis.
3. Avoidance of phvsical deliverv securities. Book entry securities are much
easier to transfer and account for since actual delivery of a document
never takes place. Delivered securities must be properly safeguarded
against loss or destruction. The potential for fraud and loss increases with
physical delivered securities.
4. Clear delegation of authoritv to subordinate staff members. Officials must
have a clear understanding of their authority and responsibilities to avoid
improper actions. Clear delegation of authority also preserves the internal
control structure.
5. Written confirmation of telephone transactions for investments and wire
transfers. Due to the potential for errors and improprieties arising from
telephone transactions, all transactions should be supported by written
communications and approved by the appropriate official. Written
communications may be via fax on letterhead. Institutions and
brokers/dealers shall be provided with a list of authorized signers.
6. Development of a wire transfer agreement with institutions and
brokers/dealers. This agreement should outline the various controls,
security provisions, and delineate responsibilities of each party making
and receiving wire transfers.
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7. Independent Audit. The City's independent auditors shall conduct a
thorough review of the City's investment portfolio and transactions as part
of their engagement.
C. Delivery Verses Payment
All trades where applicable will be executed by delivery verses payment (DVP).
This ensures that securities are deposited in the eligible financial institution prior
to the release of funds. Securities will be held by a third party custodian.
5. Suitable and Authorized Investments
A. Investment Types
Consistent with Minnesota Statutes Chapter 118A, the following investments will
be permitted by this policy:
1. Securities that are the direct obligations or are guaranteed or insured issues
of the United States, its agencies, its instrumentalities, or organizations
created by an act of Congress; including governmental bills, notes, bonds,
and other securities.
2. Commercial paper issued by U.S. corporations or their Canadian
subsidiaries that is rated in the highest quality by at least two nationally
recognized rating agencies and matures in 270 days or less.
3. Time deposits that are fully insured by the Federal Deposit Insurance
Corporation or bankers acceptances of U.S. banks.
4. Repurchase agreements and reverse repurchase agreements may be
entered into with financial institutions identified by Minnesota Statutes
Chapter 118A.
5. Securities lending agreements may be entered into with financial
institutions identified by Minnesota Statutes Chapter 118A.
6. Minnesota joint powers investment trusts may be entered into with trusts
identified by Minnesota Statutes Chapter 118A.
7. Money market mutual funds regulated by the Securities and Exchange
Commission and whose portfolios consist only of short term securities
permitted by Minnesota Statutes Chapter 118A.
8. Bonds of the City of Brooklyn Center issued in prior years, may b
redeemed at current market price, which may include a premium, prior t
maturity using surplus funds of the debt service fund set up for that issue.
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Such repurchased bonds shall be canceled and removed form the
obligation of the fund.
B. Securities Not Purchased
Derivative securities, which obtain their value by the calculation of some portion
of the value of another security, shall not be purchased. Mortgage backed
securities, even if insured by a Federal Agency, shall not be purchased.
Securities, which represent the principal or interest payments stripped off from an
original issue security, shall not be purchased.
C. Collateralization
To the extent that deposits in bank accounts, certificates of deposit, and
repurchase agreements exceed the available federal deposit insurance, collateral
shall be furnished by the financial institution in accordance with Minnesota
Statutes Chapter 118A.
D. Maximum Maturities
When purchasing investments, the Treasurer will attempt to match the maturity to
future cash flow requirements. The City will not invest in securities maturing
more than ten years from the date of purchase. No more than ten percent of the
City's portfolio at any time shall be invested in securities with maturities of more
than five years.
6. Reporting
A. The City Treasurer shall prepare a monthly investment report to the City Manager
which shall include a succinct management summary; a list of significant
transactions such as purchases, sales, and maturities of investments; a list of
investments by type, a list of investments by maturity, a calculation of average
yield on the portfolio, and a statement of interest earned. This report will be
prepared in a manner which will allow the City Manager to ascertain whether
investment activities during the month have conformed to the investment policy.
B. A statement of the market value of the portfolio shall be issued at least annually.
This will review the investment portfolio in terms of value and subsequent price
volatility.
Reference: City Council Resolution Nos. 97-60; 90-105
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UTILITY POLICIES
2.30 Policy for Public Utility Account Collections
1. Purpose
The purpose of this policy is to provide an orderly and reasonable method for the
collection of accounts of the various utilities operated by the City of Brooklyn Center and
any which may be added in the future. This policy is intended to follow with the
provisions of Minnesota State Law, Brooklyn Center City Charter, and City Ordinance.
Utilities currently operated by the City of Brooklyn Center and the corresponding
ordinances are as follows: Water, Sanitary Sewer, Storm Drainage, and Street Light
Service District, Chapter 4; and Recycling, Chapter 7.
2. Policy
In keeping with Minnesota State Law, all municipal utility services shall be considered to
be services to the property, not to the person. All residential utility services shall be
billed to the owner of the property, not to the tenant. Commercial and industrial
properties may be billed to either the owner or the tenant.
Utility services shall be billed to the appropriate party by the Finance Department
according to the rate schedule adopted annually by resolution by the City Council.
Utility accounts shall become due immediately following billing and must be paid by the
due date printed on the bill. Special assessment against the benefited property of any
delinquent unpaid accounts shall be considered as the primary means of collection.
Shutting off of water service to the benefited property shall be an alternate means of
collection in any situation where special assessment isn't possible or practical and for
situations where the customer has failed to provide a water meter reading for more than
four quarters. Any City utility service for which a rate schedule is established by
resolution is eligible for collection by means of either special assessment or water shut
off.
3. Procedure
A. Normal Billing and Collection
1. A meter card is mailed to each residential property 28 days prior to the
billing date. Readings must be submitted to the Finance Department by
the date printed on the meter card. Penalties for failure to submit a meter
reading will be charged on the date of billing as defined by the rate
schedule. Customers who fail to submit a meter reading card for four
quarters will be required to submit a meter reading or face the shut off of
water service.
2. A public utility bill is due 28 days from the date of billing.
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B.
a. If delinquency not incurred by current tenant,
1. obtain a meter reading and date of change of occupancy,
and calculate final bill for previous tenant.
2. if a forwarding address is available for the previous tenant,
send a final bill. Send an informational copy to the
property owner.
1
3. if no address is available, notify property owner of
delinquent final bill.
4. if not paid in 28 days, the unpaid amount shall be certified
as a special assessment.
b. If delinquency incurred by current tenant, follow normal
procedures for delinquent bills and certification by special
assessment to the property tax.
C.
a. All final bills unpaid after 28 days shall be billed to the property
owner, due in 28 days after the date of the billing.
3. The late payment penalty as defined in the rate schedule shall be applied
five working days after the due date.
4. A delinquent billing is generated for each account unpaid after 35 days
from the date of billing. Customers have 21 days to pay this delinquent
bill.
Delinquent Accounts
1. Delinquent accounts shall be pended as a special assessment.
2. Rental property (Commercial or Industrial)
Final Bills
1. All final bills unpaid after 28 days shall be pended as a special assessment.
For residential properties undergoing sale to new owners, where a utility
bill exists which had not been pended to the assessment rolls prior to the
date of closing on the sale to the new owner, the unpaid balance of the old
owner shall not be applied to the account of the new owner.
2. Rental Property (Commercial and Industrial)
b. If not paid in 28 days, the unpaid amount shall be certified as a
special assessment.
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3. Other Property
a. After 28 days unpaid, the bill shall be pended as a special
assessment, and a letter of explanation sent to the new property
owner.
b. Two or more attempts 28 days apart shall be made to collect from
the previous property owner. If unpaid, the bill shall be certified as
a special assessment.
D. Returned Checks
Checks which are returned to the City for non-sufficient funds, account closed, or
otherwise not honored by the bank shall be charged the maximum service fee
allowed by Minnesota Statutes.
4. Special Assessments
For accounts that remain uncollected after performance of the normal billing and
collection procedure, special assessment against the property shall be considered as a
primary means of collection.
A. The annual City Council resolution adopting the utility rate schedule shal
establish the number of assessment cycles per year and a schedule for publi
hearings to be held at City Council meetings for the purpose of adopting a
certification roll of delinquent utility accounts for special assessment. At least
one certification cycle will be timed each year to coincide with Hennepin
County's requirements for certification to the following year's taxes. Additional
certification cycles may be set in the annual resolution.
B. A certification cut-off date shall be established at which time all accounts which
have been billed a delinquent bill and the account is unpaid as of the due date on
the delinquent bill, shall have the balance on the account included in the
preliminary special assessment certification roll.
C. A notice of public hearing will be published in the City's official newspaper at
least two weeks prior to the public hearing. A notice of public hearing and a copy
of the proposed special assessment roll will be sent by first class mail to each
affected property owner at least two weeks prior to the public hearing.
D. The owner of the property shall have the option of paying the balance due on the
account until the date the notice of public hearing is mailed. After the date the
notice of public hearing is mailed, payments will still be accepted, but will
include the certification charge.
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E. The public hearing will be held at a City Council meeting at which the property
owner shall have the opportunity to object to the special assessment.
F. After the public hearing, for each special assessment sustained by the City
Council, the property owner shall have the option:
1. To prepay the special assessment and the special assessment certification
charge listed on the preliminary roll, but without additional interest after
the public hearing, within 30 days of the public hearing date.
2. To prepay the special assessment and the special assessment certification
charge after 30 days of the public hearing date, but before the county
certification deadline, with interest at the rate set in the adopted rate
schedule, accrued beginning on the 31 st day following the public hearing
date through the date of payment.
3. To pay the special assessment as billed to them by Hennepin County on
their property tax statement with an assessment term of one year.
G. After the 31st day following the public hearing, the certified roll, minus any
prepayments, shall be delivered to Hennepin County.
5. Water Shut Offs
The City reserves the right to shut off water service to properties in situations where
special assessment isn't practical or possible. Brooklyn Center Ordinance 4-202 provides
that water service may upon reasonable notice be discontinued for nonpayment of
individual accounts or for disregard of duly established rules and regulations pertaining to
the operations of the water distribution system.
The following is the procedure to be followed when it is necessary to discontinue water
service to any customer. Appropriate procedures for various circumstances of a water
shut-off shall be as follows:
A. For public utility accounts in arrears, or when a closing bill is more than 30 days
overdue; for non-payment of the account by a property which is tax exempt and
doesn't pay property taxes; or for non-payment of the account by a property
which is in another city and that city doesn't cooperate with a request to special
assess the delinquent account:
1. A "Final Notice" letter is sent to each delinquent account unpaid 56 days
after the date of billing. This notice informs customers that they have 11
days to select one of the following three options for handling their
account.
a. Deliver payment in full to the City.
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b. Sign and return a payment agreement to the City. A minimum
acceptable agreement includes a partial payment of at least 1/4 of
the total amount due paid within 14 days, and the full payment
within 30 days of the date of the final notice. If that payment
agreement is not met, the property will be red tagged.
C. Provide a written letter to the City requesting an administrative
hearing before the City Council at their next regularly scheduled
meeting. At this meeting, the customer must show cause as to why
the City Council should remove their name and account from the
list of accounts for which service is to be discontinued. The City
Council may either sustain the requirement for payment, modify
the required terms of payment, or order staff to take such actions as
it deems are necessary. If no written request is received, it is
assumed the customer waives the right to a hearing.
2. On the 70th day, a "red tag" is delivered to properties where the account
remains unpaid, a payment agreement has not been made or isn't being
adhered to, and where no request for a hearing has been made. This notice
informs customers that payment is due within five days or water will be
immediately shut off.
3. Once service has been shut off for non-payment, the entire balance du
and a restoration of service fee must be paid prior to service being turn
on. The restoration of service fees will be established in the adopted rate
schedule and will include a fee for restoration during normal business
hours and a higher fee for restoration when workers must be called back
on overtime.
B. For a customer who short-circuits the special assessment process by paying the
balance on the account with a check, then the check is returned to the City for
non-sufficient funds or account closed after a critical step in the assessment
process has been missed:
1. A "Final Notice" letter is sent to each delinquent account immediately
upon receipt of the returned check from the bank. The established fee for
processing a returned check shall be added to the account. This notice
informs customers that they have 11 days to select one of the following
three options for handling their account.
a. Deliver payment in full of the total amount which was to be
assessed plus the fee for a returned check to the City.
b. Sign and return a payment agreement to the City. A minim
acceptable agreement includes a partial payment of at least 1/4 0
the total amount which was to be assessed plus the fee for a
returned check, paid within 14 days, and full payment within 30
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days of the date of the final notice. If that payment agreement is
not met, the property will be red tagged.
C. Provide a written letter to the City requesting an administrative
hearing before the City Council at their next regularly scheduled
meeting. At this meeting, the customer must show cause as to why
the City Council should remove their name and account from the
list of accounts for which service is to be discontinued. The City
Council may either sustain the requirement for payment, modify
the required terms of payment, or order staff to take such actions as
it deems are necessary. If no written request is received, it is
assumed the customer waives the right to a hearing.
2. Two weeks after the date of the Final Notice letter, a "red tag" is delivered
to properties where the account remains unpaid, a payment agreement has
not been made or isn't being adhered to, and where no request for a
hearing has been made. This notice informs customers that payment is
due within five days or water will be immediately shut off.
3. Once service has been shut off for non-payment, the entire balance due
and a restoration of service fee must be paid prior to service being turned
on. The restoration of service fees will be established in the adopted rate
schedule and will include a fee for restoration during normal business
hours and a higher fee for restoration when workers must be called back
on overtime.
C. For a customer who refuses to submit a meter reading for four quarters or refuses
to allow the City access to a property for maintenance of a meter as provided in
City Ordinances, Chapter 4, Section 201, Subdivision 6.
1. After the City has contacted the owner through normal business channels
and the owner has refused to provide a meter reading or allow access to a
property for required maintenance, a "Final Notice" letter is sent to the
owner and to the service address, if different. This notice reproduces the
legal authority establishing the City's need for access, describes the work
to be performed, and informs customers that they have two weeks to make
arrangements with the City to afford access to the property.
2. Two weeks after the date of the Final Notice letter, a "red tag" is delivered
to properties where the meter reading or access have been denied. This
notice informs customers that access is required within five days or water
will be immediately shut off.
3. Once service has been shut off for denial of a meter reading or access, the
meter reading or access must be allowed and a restoration of service fee
must be paid prior to service being turned on. The restoration of service
fees will be established in the adopted rate schedule and will include a fee
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for restoration during normal business adopted rate schedule and will
include a fee for restoration during normal business hours and a higher fee
for restoration when workers must be called back on overtime.
D. For a property owner making a request for the City to shut off water service:
1. The property owner must complete and sign a City form requesting and
authorizing the shut-off or an equivalent letter. Billing for water, sanitary
sewer, and recycling services will be suspended during periods of at least
one month while water is shut off. Billing for storm drainage and street
light service district will continue.
2. Once service has been shut off at the owner's request, a restoration of
service fee must be paid prior to service being turned on. The restoration
of service fees will be established in the adopted rate schedule and will
include a fee for restoration during normal business hours and a higher fee
for restoration when workers must be called back on overtime.
E. Cold Weather Rule
The City of Brooklyn Center will not shut off water service between October 15
and April 15 if the shut off would affect the primary heat source of a customer.
Customers must contact the utility billing staff and explain how the cold weathe
rule applies to them.
Reference: City Council Resolution Nos. 2000-55; 98-180; 97-86; 96-212; 93-13
f
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2.31 Policy Regarding the Sanitary Sewer Rate for the Elderly
The City Council finds it in the best interest of the City to establish a sanitary sewer rate for the
elderly as follows:
1. The rate is available to properties being billed residential sanitary sewer rates and where
the head of household or spouse has attained the age of 62 years or older and a maximum
of 2 persons permanently reside there.
2. The maximum of 2 persons in the residence may be exceeded by any additional persons
who are at least 62 years of age or who are disabled.
3. Residents of owner-occupied homes applying for this program shall complete an
application provided by the City once when entering the program and agree to notify the
City of any changes in their household which might change their eligibility for the
program.
1
4. Landlords of rental properties may apply for this program on behalf of their senior renters
by annually completing an application provided by the City, agreeing that the benefit of
the reduced rate shall flow through to the renter, and agreeing to notify the City of any
changes in the rental of the property or the renter's household which might change their
eligibility for the program.
5. Falsification of information submitted on the application or failure to notify the City of
changes in eligibility shall constitute a violation of Chapter 4 of the City Ordinances and
may be prosecuted according to Section 4-501 of Chapter 4 of the City Ordinances.
6. The sanitary sewer rate for the elderly shall be equal to 55% of the rate established
annually for single-family homes.
Reference: City Council Resolution Nos. 97-215; 86-155; 83-124
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2.32 Water Utility Meter Reading Policy
Brooklyn Center Ordinance 4-105 requires that all water utility customers read their meters and
provide those readings to the Utilities Division. Section 4-202 sates that water service may be
discontinued to any property for disregard of duly established rules and regulations. The
following is the policy regarding meter reading:
1. Residential Properties: A meter reading is due 18 days after the date of mailing meter
reading cards.
2. Non-Residential Properties: Public Utilities Division employees read non-residential
property meters each quarter.
3. If a meter reading is not provided and the meter reading must be estimated, then a
delinquent meter reading penalty shall be assessed to the customer on the next utility bill.
Meter reading penalties are established annually with the utilities rate schedules.
4. Residential Properties: If after four consecutive quarters the customer has not
submitted a meter reading, the Public Utilities Division shall notify the customer that they
have 14 days to schedule an appointment for meter reading. Such notice shall also
inform the customer that they have a right to demand a public hearing at the next
regularly schedule Council meeting to show cause as to why their water should not be
shut off. The demand must be made in writing to the City Clerk within 10 days. If no
written demand is received within that time period, then it is assumed the customer
waives the right to a hearing.
5. Non-Residential Properties: If after two consecutive quarters the Public Utilities
Division has not been able to read a meter, the customer shall be notified that they have
14 days to schedule an appointment for meter reading. Such notice shall also inform the
customer that they have a right to demand a public hearing at the next regularly
scheduled Council meeting to show cause as to why their water should not be shut off.
The demand must be made in writing to the City Clerk within 10 days. If no written
demand is received within that time period, then it is assumed the customer waives the
right to a hearing.
6. The City Council may at an administrative hearing at a regularly scheduled meeting
consider the shut off of water to a property and order staff to take such actions as it deems
are necessary.
7. If by the end of the 14-day period the customer refuses to schedule an appointment or if
the Public Utilities Division is unable to otherwise gain access to the building or obtain a
reading, and if the customer has not demanded a public hearing, then the water shall be
turned off immediately.
Reference: City Council Resolution No. 93-63
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BUDGET POLICIES
2.40 Guidelines for Funding of Social Services
Social service funding will be divided into categories as follows:
1. Joint Powers Agreements. Services which the City is required to or otherwise would
provide itself and has chose to enter into joint powers agreements with other
governmental units to provide those services. Increased costs of providing these services
over time are to be anticipated in the budget process based on allocation of costs to the
City under the joint powers agreements.
Guideline: The services will be funded and included in the budget.
The City Council will review these services in February of even-numbered years to
determine if the delivery mechanism through joint powers is appropriate and effective.
Unless the Council directs notice of intent to leave the joint powers agreement by March
of any given year, the budget will include participation for the following year.
1
2. Services Dependent on City Funding. General services that the City could provide
itself and has chose to contract for its provision by another entity, where the provision of
the service in Brooklyn Center is dependent on the City's provision of financial support
at a given level. Increased costs of providing these services over time are to be
anticipated in the budget process based on allocation of costs to provide the service in the
city.
Guideline: The services will be funded and included in the budget at a level necessary
for the provision of the service.
The City Council will review these services in February of each year to determine if the
delivery mechanism through contract is appropriate and effective. Unless the Council
directs notice of intent to terminate contractual provision of services by March of any
given year, the budget will include participation for the following year.
3. Services Aided by City Funding. General services that the City could provide itself and
has chosen to contract for its provision by another entity and the provision of service in
Brooklyn Center would be aided by City financial support, but is not dependent on City
financial support.
Guideline: Based on a timely application for funding, the City Council will consider the
following factors in determining funding in this category and allocate funding up to a
total amount determined by the City Council
• service is unique in the City: that is, there is a rationale for funding the
organization's service provision, as opposed to funding one organization out of a
group of similar organizations without an objective basis for differentiating
between the organizations
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• request meets an important community need
• service does not duplicate other services offered in the community
• number of residents served or benefit to community is high in relation to the
amount requested/provided from/by City
• program requires City support to provide level of service
• use of volunteers is reasonable and cost effective
• other funding sources have been explored/used
• budget request is reasonable in light of organization's overall budget
• administrative costs and program service costs are in reasonable balance
Reference: City Council Minutes 3/14/94; City Council Resolution Nos. 98-66; 99-186
City of Brooklyn Center March 2006 Page 246
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2.41 Capital Improvements Fund and Infrastructure Construction Fund Expenditure Policy
1. Policy Objective
The City of Brooklyn Center makes large unrestricted capital expenditures through one of
two funds. Generally, small capital expenditures are funded through the general fund and
planned for as part of the annual budget process for the general fund. Large unrestricted
capital expenditures for municipal buildings and park improvements are funded through
the capital improvements fund based on City Council Resolution No. 68-246, which was
approved in 1968. Large unrestricted capital expenditures for street and utility
improvement projects are funded through the infrastructure construction fund. Capital
expenditures are also made through other funds such as the M.S.A. construction fund, the
street construction fund, the water utility fund, the sanitary sewer utility fund, and the
storm drainage utility fund. These funds each have restrictions in place to guide their
expenditures.
The objective of this policy is to clarify funding for all unrestricted capital expenditures
by specifically defining which capital expenditures are eligible for funding through the
capital improvements fund and infrastructure construction fund. Unrestricted capital
expenditures not meeting the criteria for the capital improvements fund must be made
from the general fund operating budget.
1
Specifically excluded from this policy are capital expenditures that are to be reimbursed
by insurance proceeds. These may be accounted for through the capital improvements
fund at the discretion of the Director of Finance.
2. Source of Funds
The sources are ad-valorem taxes, issuance of bonds, state and federal grants, transfers of
unrestricted balances from other funds, and investment earnings.
3. Use of Funds
The infrastructure construction fund may
expenditures on infrastructure improvements
value in excess of $50,000. The types of
include projects such as:
be used, pursuant to this policy, for
and similar projects having an aggregate
expenditures contemplated by this policy
street repair, replacement, and construction
bridge rehabilitation and construction
water, sanitary sewer, storm drainage, and street light utility improvements
The capital improvements fund may be used, pursuant to this policy, for expenditures on
capital equipment, infrastructure improvements and construction, and similar projects
having an aggregate value in excess of $50,000. The types of expenditures contemplated
by this policy include projects such as:
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• building construction, repair, reconstruction, and remodeling, including
component systems for heating, ventilation, and air conditioning
• equipment and furnishings, including furniture, lights, and communications
cabling
• park landscaping, shelter, and improvements
• computer, radio, and telephone systems
The expenditures from the capital improvements fund and infrastructure construction
fund are to be used for general governmental capital needs and not for enterprise fund
capital needs, except as the general governmental portion of a joint project for both
general and enterprise purposes.
Additionally, the capital improvements fund may be used to provide loans to other funds
maintained by the City. However, loans from the capital improvement fund may only be
made to proprietary funds which have the ability to generate revenue and repay the loan
within 10 years at prevailing interest rates.
4. Authority to Spend
Expenditures meeting the above criteria may be funded through the capital improvements
fund based on the following authority limits:
1. Expenditures from $0 to $50,000: Not eligible for funding from the capital
improvements fund. Funding is required through the general fund operating
budget.
2. Expenditures from $50,001 to $300,000: The City Council may, through simple
majority, approve these expenditures.
3. Expenditures over $300,001: Following a public hearing, the City Council may,
through a 4/5ths majority, approve expenditures in this category.
5. Spending Limitation/Fund Balance Requirement
The objective as described above and previously defined in City Council Resolution No.
68-246 requires the capital improvements fund and infrastructure construction fund to be
a permanent source of funding for planned major expenditures. As such, the following
criteria is established to comply with that intent:
1. Planned Expenditures: If the proposed capital expenditure is in excess of
$300,000, it must have been included in the five-year Capital Improvement
Program for at least two years.
2. Additionally, the five-year Capital Improvements Program must be approved b
the City Council at a public hearing on an annual basis.
City of Brooklyn Center March 2006 Page 248
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6. Role of the Financial Commission
If a review of an expenditure is requested by the City Council from the Financial
Commission, the Financial Commission will respond on the basis of the following
questions:
1. Does the expenditure comply with the Capital Improvements Fund Expenditure
Policy?
2. Is the expenditure appropriate considering the financial condition of the City?
Reference: Administrative; City Council Resolution No. 97-84; City Council Minutes 1/10/94
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City of Brooklyn Center
March 2006
Page 249
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City Council Code of Policies
2.42 Capital Reserve Fund Policy
1. Policy Objective
The objective of this policy is to provide funds to meet emergency needs for capital
expenditures that may arise from time to time. While the City carries property and
casualty insurance, the City may need additional funds beyond insurance proceeds in the
event of natural or other disaster impacting its buildings and their contents, as well as
other improvements to real property. Also, unanticipated failure of buildings or
improvements to buildings may require immediate expenditure of funds for repair or
replacement that are not covered by insurance. The funds placed in the Capital
Expenditure Reserve Fund are not to be considered a source for planned or recurring
capital needs, but only to deal with emergency needs as described due to damage, loss, or
failure of existing buildings and other improvements to real property.
2. Use of Funds
Funds may be expended from the Capital Expenditure Reserve Fund for the repair or
replacement of buildings or other improvements to real property and their contents where
the repair or replacement is necessitated by damage to such buildings or other
improvements to real property and their contents due to:
1. natural disaster such as a tornado, storm, flood, earthquake, or fire
2. fire, vandalism, terrorism, explosion, building or component collapse
3. Authority to Spend
Expenditures meeting the criteria for the use of funds may be funded through the Capital
Expenditure Reserve Fund upon Resolution of the City Council finding that the criteria
for expenditure have been met and that the use of funds would not otherwise be covered
by insurance proceeds, except that the City Council may authorize the use of Capital
Expenditure Reserve Funds in anticipation of the receipt of insurance proceeds providing
that such funds used in anticipation of insurance proceeds are repaid to the Capital
Expenditure Reserve Fund from such insurance proceeds.
City of Brooklyn Center March 2006 Page 250
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SECTION II - GENERAL POLICIES
4. Fund Balance
City Council Code of Policies
The Capital Expenditure Reserve Fund shall be established at $1,000,000. Such fund
balance shall increase each year by the interest earned on the fund balance. In the event
that the fund would drop below $1,000,000, the City Manager shall prepare a plan for
restoring the balance to $1,000,000. The fund balance target should reflect an analysis of
the City's uninsured exposure to the losses identified in this policy. Such plan, as well as
whether the balance should be made higher or lower, shall be reviewed by the Financial
Commission and City Council. The plan adopted by the City Council shall be included in
the budgetary process if the fund's balance is not restored by transfer of existing funds
from another fund, such as the Capital Improvement Fund.
Reference: City Council Resolution No. 97-84
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City of Brooklyn Center
March 2006
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City Council Code of Policies
PURCHASING/DISPOSAL OF PROPERTY POLICIES
2.50 City Purchasing Policy
The policy of the City of Brooklyn Center shall be to follow the Uniform Municipal Contracting
Law set forth in Minnesota Statutes Section 471.345 as the same may be amended or renumbered
from time to time. The City Manager shall be the chief purchasing agent for the City; all
purchases for the City and all contracts shall be made or let by the City Manager for which State
Law does not require solicitation of bids.
The City Manager shall establish an administrative purchasing policy to implement the
provisions of the Uniform Municipal Contracting Law.
Reference: City Council Resolution Nos. 96-106; 83-172; 81-43; City Council Minutes 8/12/91
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DISPOSAL OF PROPERTY
2.51 City Disposal of Property Policy
The policy of the City of Brooklyn Center shall be to follow Minnesota State Law regarding
disposal of public property. It is necessary from time to time for the City to dispose of surplus,
unused, or unneeded equipment or supplies. Such property includes supplies and equipment,
including electronic equipment, that have no market value or nominal market value or the cost of
environmentally sound disposal is more than its value. It is in the best interests of the City for
the City Manager to dispose of such property without incurring undue or unnecessary costs or
commitment of staff resources in order to properly dispose of such property.
The City Manager is authorized to dispose of surplus, excess, or unneeded property that, because
of its state of disrepair, obsolescence, or other cause, is no longer of use to the City, in
accordance with the following procedures:
1. Such property may be transferred to any other public agency to which transfer is
authorized by Minnesota Statutes, Section 471.64, or other Statute governing the transfer
of property from a City to another public agency.
2. When the City Manager determines that the cost of lawful and environmentally sound
disposal of property exceeds its fair market value, the City may transfer such property to
any party willing to receive the property at the lowest cost to the City or may dispose of
the property through any duly authorized public authority receiving such property for
disposal.
3. Disposal of property determined to be of value will be accomplished consistent with
applicable State Law.
Reference: City Council Resolution No. 2005-108; 2004-16; 2000-197
City of Brooklyn Center March 2006 Page 253
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City Council Code of Policies
DEVELOPMENT AND HOUSING POLICIES
2.60 Housing Bond Policy & Procedures
1. Application
A. Applicant will submit a written application that acknowledges that the City has,
and reserves, the right to decline to issue bonds or other assistance at any time, in
the absolute and sole discretion of the City Council.
B. Applicant will pay non-refundable application fee of $5,000 for bond request of
$5,000,000 or more and $3,000 for bond requests less than $5,000,000 to cover
City costs in processing and considering the application. If such funds are
exhausted, the City may decline to proceed with consideration of the application
until additional funds are paid to cover additional City expenses.
C. Applicants will identify all significant investors and principals (more than 5%
ownership interest, officers, partners, etc.). Applicants will identify, as to the
applicant, and all significant investors and principals:
1. All housing developments in which such person has, or has had, an
interest.
2. For each such development, provide the address of the development and
the name, address and telephone number of the chief appointed executive
or administrative officer of the municipality in which the development is
located.
3. For each such development, whether any criminal citations, charges or
complaints were issued, whether or not they resulted in convictions,
against any owners or managers for violations of building, housing
maintenance, rental licensing or similar laws, rules or regulations during
the period in which the individual had an ownership interest. For each
such citation, charge or complaint indicate the jurisdiction, date or dates of
the alleged offense and final resolution.
4. For each such development, whether the local licensing authority ever
revoked, suspended or declined to a renew rental license; served notice of
intent to revoke, suspend not renew a license; or conducted a hearing on
specified charges, complaints or violations of building, housing
maintenance or rental licensing laws, rules or regulations that could have
resulted in revocation, suspension or non-renewal of a license during the
period in which the individual had an ownership interest. For each such
instance indicate the jurisdiction, date or dates of the incident and final
resolution.
City of Brooklyn Center March 2006 Page 254
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D. Applicant will identify managers or proposed managers of the facility and, as to
each manager or proposed manager and the officers, significant investors and
principals of the manager, provide the same information identified in Subsection
C.
E. Applicant will provide detailed information on the sources and uses of funds
received in connection with the financing or refinancing.
F. For existing facilities applicant will present a detailed survey of the facility
prepared by qualified professionals, including but not limited to: structural
conditions; condition of roof, doors, windows and any other potential points of
infiltration of air or water; mold; building exterior; life/safety systems and
equipment; plumbing and HVAC systems; and unit interiors.
G. Applicant will submit a detailed building maintenance, repair and replacement
program and schedule including a description of sources of funds or financing
available to pay for such program. For existing facilities the program will
describe when and how all deficiencies identified in the building survey will be
addressed.
H. Applicant will describe all plans to provide security, maintain habitability and
avoid crime (the Security and Crime-Free Housing Plan). Such plan could
include tenant screening procedures and policies, tenant rules and regulations,
lease terms, physical building security, on-site management, etc.
2. Contract Terms
A. Covenants on use of funds, maintenance, compliance with laws and liability will
be enforceable by the City as well as the Trustee.
B. Applicant will pay the City attorney's and consultant's fees and costs for all
litigation or administrative actions to enforce covenants.
C. Applicant will provide and maintain an irrevocable letter of credit, in an amount
specified by the City, that the City may draw upon if applicant fails to pay City's
fees and costs. The letter of credit may also be drawn upon for payment of
liquidated damages for false, incomplete or misleading statements in the
application.
D. Applicant will comply with representation about the use of funds secured by the
financing or refinancing. The applicant will provide evidence of such expenditure
of funds and books and records of the applicant will be available for inspection by
the City or its authorized representatives. Funds remaining after all work
identified as work to be accomplished with the proceeds of the financing or
refinancing, will be deposited in a building maintenance fund.
City of Brooklyn Center March 2006 Page 255
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City Council Code of Policies
E. Applicant will comply with the maintenance repair and replacement program
approved as a part of the application process and provide quarterly reports with
such detail as is requested by the City to verify compliance.
F. Applicant will comply with the Security and Crime-Free Housing Plan approved
as a part of the application process and provides quarterly reports with such detail
as is requested by the City to verify compliance.
G. Applicant will comply with all federal, state and local laws, regulations, and
ordinances relating to licensing, housing maintenance, building and fire codes or
habitability.
H. The applicant may not transfer the facility or change managers without City
consent. The City will not be required to consider approval of a transfer of
ownership or change of manager until all information on the transferee or new
manager that is required by this policy for the initial applicant or manager has
been provided to the City and the City has had adequate time to review such
information and investigate the background of the proposed transferee or new
manager.
I. Failure to comply with these requirements is an event of default and City, as well
as the Trustee, may exercise appropriate remedies for default under the bond
documents.
3. Waiver
The City may waive or modify any of the requirements of these Procedures in its absolute
and sole discretion if it determines that the public interest is adequately protected without
full compliance with these Procedures. In deciding whether to waive or modify
procedures the City may consider such factors as: whether the bonds are an initial issue
or refunding bonds, the past experience of the City with the applicant, the condition of
the facility, and the proposed use of bond proceeds.
Reference: City Council Resolution Nos. 2003-75; 94-177
City of Brooklyn Center March 2006 Page 256
RESOLUTION NO. 2006-46
SECTION II - GENERAL POLICIES
City Council Code of Policies
2.61 Business Subsidy Policy
The following business subsidy policy is intended to satisfy the requirements of Minnesota
Statutes, Sections 116J.993 and 116J.994 (the "Act"), in particular, Section 116J.994,
subdivision 2, thereof. Terms used but not defined herein have the meaning given them in the
Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the
property with respect to which the Business Subsidy is provided.
1. Mandatory Criteria
All Projects must comply with the following criteria:
A. But For Test. There is a substantial likelihood that the Project would not go
forward without the Business Subsidy. This criterion may be met based solely on
representations of the recipient of the Business Subsidy.
B. Waae Policv. If the Project results in an obligation to create new jobs pursuant to
a subsidy agreement, the wage for each part-time and full-time job required to be
created pursuant to the subsidy agreement shall, within two years of the benefit
date, pay at least $7.00 per hour.
C. Feasibilitv. The recipient must demonstrate to the satisfaction of the City that the
Project has been adequately financed and either has been or will be completed in a
timely fashion.
D. Compliance with Act. The Business Subsidy must satisfy all requirements of the
Act.
2. Evaluative Criteria
The following criteria recognize that the award of a Business Subsidy may serve a variety
of public purposes of varying importance depending upon the specific Project facilitated
by the Business Subsidy. The degree of importance to be attached to various public
purposes which may be served by a particular Project must therefore involve the exercise
of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be
applicable to all projects.
In any event, the City may disregard any evaluative criterion it determines to be either
irrelevant or unimportant in the case of the particular project, as permitted by the Act.
The evaluative criteria are as follows:
A. Jobs. The number of full-time equivalent jobs to be created or retained by the
proposed Project for a period of at least two years from the estimated benefit date.
B. Tax Base. The net increase in property taxes estimated to be generated by the
Project in the first full year of operation.
City of Brooklyn Center March 2006 Page 257
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C. Services to the Community. Whether the Project will provide services or
facilities needed in the community. For example, the Project may provide needed
health care services, commercial facilities, or other services or facilities needed in
the community.
D. Blighted Propertv. Whether the Project is located on property which is, or is
likely to become blighted, and is not likely to be developed or redeveloped
because of the blight or other adverse conditions.
E. Design and/or Other Amenitv Concessions. Whether, as a result of the Business
Subsidy, the Project will include design and/or amenity features not otherwise
required by law.
F. Comnatibilitv. Whether the Project is compatible with the comprehensive plan.
G. Utilization of Existing Infrastructure Investment. Whether and to what extent the
Project will utilize existing public infrastructure capacity or will require additional
publicly funded infrastructure.
H. Leveraged Public Funds. The ratio of private funds which will be applied towards
the capital cost of the project compared to the Business Subsidy.
1. Other Factors. Depending on the nature of the Project, such other factors as the
City may deem relevant in evaluating the Project and the Business Subsidy
proposed for it.
Reference: City Council Resolution No. 00-20
City of Brooklyn Center March 2006 Page 258
RESOLUTION NO. 2006-46
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City Council Code of Policies
STREET/ALLEY LIGHTING AND RESIDENTIAL STOP SIGNS POLICIES
2.70 Street and Alley Lighting Policy
1. A street light may be installed at every intersection of two or more public streets open for
traffic within the City. On any streets with a curb-to-curb width in excess of 52 feet, and
where there is normally a significant amount of pedestrian traffic, two street lights may
be installed at each intersection.
2. Mid-block street or alley lights may be installed in any block in which the centerline to
centerline distance between cross streets is greater than 700 feet, upon receipt of a
petition signed by a majority of the residents on the block, including the signatures of the
residents adjacent to the specific location where such mid-block light is requested.
Before the street light can be installed, property owners located adjacent to the proposed
street light must dedicate utility easements to the extent necessary for connection of the
proposed street light to the electrical distribution system. In such instances, additional
street or alley lights may be installed so that the distance between street lights does not
exceed 700 feet.
1
3. Additional street or alley lights will be considered for individual approval upon receipt of
a petition from the property owners in the affected area, or upon recommendation from
the Chief of Police or from the Director of Public Works when such petition or
recommendation demonstrates a specific warrant affecting traffic safety or public safety.
4.
The type of lights installed under the provisions of the above three paragraphs shall be as
follows:
A. If the electrical distribution system within the area is overhead, the light shall
consist of a steel mast arm and luminaire mounted on a conventional wood pole
with overhead electrical service.
B. If the electrical distribution system within the area is underground, the light shall
consist of a steel mast arm and luminaire mounted on a conventional wood pole
with underground electrical service.
C. The size of luminaries to be installed shall be as follows:
On collector and arterial streets
On local residential streets
5.
High Pressure Sodium
250 watt
150 watt
All street and alley lighting requests and installations should be coordinated through the
Director of Public Works.
Reference: City Council Minutes 2/12/96; City Council Resolution No. 90-88
City of Brooklyn Center
March 2006
Page 259
RESOLUTION NO. 2006-46
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City Council Code of Policies
2.71 Residential Stop Sign Policy
The purpose of this policy is to provide for fair and uniform treatment of requests for Stop signs
in residential areas. Such requests are evaluated by the City's Administrative Traffic Committee,
and subject to appeal to the City Council.
1. The provisions of the Manual of Uniform Traffic Control Devices shall be followed.
2. The Administrative Traffic Committee should review speed data, accident records, clear
view triangle surveys, and any other relevant data when considering a Stop sign at a
particular location.
3. If a sight obstruction in the clear view triangle is contributing to the sense of danger at the
intersection, or to a history of accidents at the intersection, staff should order the removal
of that obstruction, according to City ordinances, before considering a Stop sign.
4. If an intersection experiences three or more recorded right angle accidents in a three year
period, Stop signs should be considered.
5. If average speed at the 85th percentile is more than five miles per hour over the speed
limit, then police should increase enforcement in the area for one year, before considering
a Stop sign.
6. Absent engineering data which clearly indicates the need for a Stop sign, a residential
intersection should be left uncontrolled.
Reference: Administrative
City of Brooklyn Center March 2006 Page 260
RESOLUTION NO. 2006-46
SECTION II - GENERAL POLICIES
SCHEDULE FOR PROFESSIONAL SERVICES POLICIES
City Council Code of Policies
2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services
1. Need for Policy
The City needs a policy and procedure to provide for the orderly conduct of requesting
proposals for professional services for handling financial affairs, to ensure that all
services will be periodically reviewed, and that the proper balance will be maintained
between cost and quality of services.
2. Policy
A. All professional services in the area of City finances will be periodically let out
for request for proposals (RFPs) according to an established schedule.
B. Service levels will be monitored by the City Council and Staff and if
unsatisfactory service is received, that contract will be re-advertised prior to the
year set in the schedule.
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C. Quality of service will be the primary factor in awarding a contract for
professional service, but cost will also be a determinant.
3. Procedure
A. A schedule shall be established for the conduct of RFPs. The schedule should be
adhered to unless there is a performance problem or other justification for an
earlier RFP. Going to the market too frequently with RFPs expends Staff time,
requires extensive orientation of new professionals, and discourages quality firms
from submitting proposals at their most attractive price since they will expect to
only have the contract for a short time.
B. Specifications tailored to the professional service to be advertised will be
prepared by Staff, reviewed by the Financial Commission, and approved by the
City Council.
C. A review committee made up of the City Manager and Finance Director shall
review proposals for Banking Services, Insurance Agent, Risk Management
Consultant, and Custodian for Investment Securities. Proposals for Auditor and
Financial Advisor shall be initially screened by Staff, and then reviewed by a
committee of City Council Members and Financial Commission Members
appointed by the Mayor in consultation with the Chair of the Financial
Commission, with the approval of the City Council, which committee shall also
include the City Manager and Finance Director.
City of Brooklyn Center
March 2006 Page 261
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City Council Code of Policies
D. The specifications will emphasize the abilities, qualifications, and experience of
the applicant firms to provide high quality service to the City. Price will be
considered after one or more applicants have been identified as providing the
desired quality of service. When appropriate, the specification shall require prices
to be submitted in a separate, sealed envelope to be opened after applicants have
been ranked according to quality.
E. The City Manager shall make a recommendation to the City Council of a provider
to be appointed to a multi-year engagement. It shall be written in the engagement
that the appointment may be terminated earlier.
Schedule of Requests for Proposals (RFPs)
_
Professional
Financial Banking Insurance Agent Risk Management Custodian for Auditor
Service
Advisor Services Consultant investment
for bond sales securities
Normal luterval
6 years 6 years 6 years 6 years 6 years 6 years
Between RFPs
I Last R
FP'
1 1998 1 1996 1 1990 1 1999 1 1998 1 1994
_
f 2000`
I I I I I
_
200I
1 I I I I RFP I
2002
1 RFP I I I I
2003``
I 1 RFP I RFP 1 1
200
-
1 RFP
I I 1 RFP
2005
1
2006 _
I I I I I I
Reference: City Council Resolution Nos. 2000-120; 99-20; City Council Minutes 5/28/96
City of Brooklyn Center March 2006 Page 262
RESOLUTION NO. 2006-46
SECTION II - GENERAL POLICIES
City Council Code of Policies
2.81 Schedule for Requests for Proposals for Legal Services
The City Council wants to ensure that legal services will be periodically reviewed and that the
proper balance will be maintained between cost and quality of services. The City Council
resolves that requests for proposals for civil and criminal services be solicited on an alternating
four-year basis, and the schedule should be adhered to unless there is a performance problem or
other justification for an earlier request for proposal. The schedule for soliciting requests for
proposals for legal services is as follows:
• Criminal Law Services every four years beginning 1997
• Civil Law Services every four years beginning 1999
Reference: City Council Resolution No. 97-186
City of Brooklyn Center
March 2006
Page 263
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City Council Code of Policies
MISCELLANEOUS POLICIES
2.90 Policy for the Sale of Salvaged Street Name Signs
The City Council desires to make available to the public for purchase street name signs which
have been removed and would otherwise be salvaged. Such salvaged signs shall be made
available on a first-come, first-served basis, at a cost intended to represent the salvage value of
the sign plus an appropriate handling fee. The City Manager is hereby authorized and directed to
establish a program for the sale of salvaged street name signs on the basis of this policy. All
proceeds from the sale of these signs shall be deposited in the Traffic Control Signs and Striping
Materials line item in the General Fund budget.
Reference: City Council Resolution No. 00-43
City of Brooklyn Center March 2006 Page 264
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City Council Code of Policies
2.91 Bias/Hate Crime Response Plan
The City Council wishes to take a proactive approach to making and keeping Brooklyn Center a
positive place to live, work, and visit for all persons. In response to a bias/hate crime, and at the
victim's request, the following will occur:
1. Immediate Response.
A. Upon receiving notice from the staff liaison of an incident, an assigned Responder
will call the victim to set up a visit.
1. This visit will allow the responder to ask questions to determine which
community partners to notify (according to victim's requests and LMHRC
guidelines).
2. The victim will be given a disclaimer that the Responder is not a legal
advisor or investigator.
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2. Initiate Network Response.
A. Notify the staff liaison and Mayor of the response.
B. Contact the State Project Coordinator, LMHRC, to seek support and ensure that
the Minnesota Department of Human Rights is notified.
C. Identify if the affected area is participating in a neighborhood watch program.
Crime watch coordinator would contact the neighborhood watch block captain.
The goal would be to have one of the victim's neighbors attend the interview, thus
adding a familiar face to the process.
D. The City staff will send letters to the media, conduct interviews with local cable
channel, and plan/conduct community-wide response when appropriate, and first
and foremost with the victim's approval.
E. Conduct follow-up contact. Follow-up contact should be made within one week,
in person or by phone. Check on any recurrences, other problems, and offer
continued support.
F. Subsequent follow-up within one month (if appropriate).
G. The team and network representatives involved in the response shall meet as
necessary, review the process, and take action or make needed changes.
3. Review Response.
A. The Response Team shall review the overall process.
B. The Response Team shall send letters of appreciation to the network
representatives involved.
C. The Response Team shall inform the City Manager and Police Chief of the
outcome.
Reference:
City of Brooklyn Center
City Council Resolution No. 97-79
March 2006
Page 265
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SECTION II - GENERAL POLICIES
City Council Code of Policies
2.92 Policy Regarding the Use of City Water Towers for Personal Wireless Service Facilities
This policy is established as a guide to City staff in the preparation and administration of site
lease agreements which would permit the location of antenna arrays and ancillary equipment
("facilities") for personal wireless services on City-owned water towers.
1. Policy Objectives
City actions taken with regard to telecommunication activities must comply with a
number of federal parameters established by the Telecommunications Act of 1996. For
example, local actions must foster rather than discourage competition, thus the City will
not discriminate against one or a group of providers in favor of another or another group
of providers or potential providers. Under the same act, local actions which result in a
prohibition on provision of telecommunication services are invalid. Thus staff is directed
to facilitate establishment and provision of lawful wireless telecommunications services
with the following local objectives in mind.
A. Minimize the overall number of sites through co-location requirements;
B. Insure that facilities will be safe and blend into their environment when possible;
and
C. That they be placed in suitable locations with residential locations being a last
resort.
2. Policy Regarding Use of City-Owned Water Towers for Personal Wireless Service
Facilities
A. Introduction
The City of Brooklyn Center has received requests from personal wireless service
providers to place antenna arrays and ancillary equipment ("facilities") on City-
owned water towers. The Brooklyn Center City Council has determined that a
uniform policy for reviewing these requests is desirable.
B. Priority of Users
Priority for the use of City-owned water towers for telecommunication facilities
will be given to the following entities in descending order:
1. City of Brooklyn Center;
2. Public safety agencies, including law enforcement, fire, and ambulanc
services, which are not part of the City of Brooklyn Center and privat
entities with a public safety agreement with the City of Brooklyn Center;
City of Brooklyn Center March 2006 Page 266
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City Council Code of Policies
3. Other governmental agencies, for uses which are not related to public
safety; and
4. Entities providing licensed commercial personal wireless services
including but not limited to cellular, personal communication services
(PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to
the general public.
C. Minimum Requirements
The placement of personal wireless service facilities on City-owned water towers
must comply with the following requirements:
1. The facilities will not interfere with the purpose for which the water tower
is intended;
2. The facilities will have no adverse impact on surrounding private property;
3. The applicant is willing to obtain adequate liability insurance and commit
to a lease agreement which includes equitable compensation for the use of
the water tower, and other necessary provisions and safeguards. The fees
shall be established by the City Council after considering comparable rates
in other cities, potential expenses, risks to the City, and other appropriate
factors.
4. The applicant will submit a letter of credit, performance bond, cash
deposit, or other security acceptable to the City to cover the costs of the
facility's removal;
5. The facilities will not interfere with other users who have a higher priority
as discussed in Section B regarding Priority of Users.
6. Upon reasonable notice, the facilities may be required to be removed at
the user's expense;
7. The applicant must reimburse the City for any costs which it incurs
because of the presence of the applicant's facilities;
8. The applicant must obtain any necessary land use approvals; and
9. The applicant will cooperate with the City's objective to promote co-
locations and thus limit the number of separate antenna sites requested.
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D. Special Requirements
The use of City-owned water tower sites, for personal wireless service facilities
brings with it special concerns due to the unique nature of these sites. The City's
water towers represent a considerable public investment and play a vital role in
the operation of the City's water distribution system. For these reasons, the
placement of personal wireless service facilities on water tower sites will be
allowed only when the City is fully satisfied that the following requirements are
met:
1. The applicant's use of the facility will not pose a risk to the City's water
supply;
2. There is sufficient room on the structure and/or on the grounds to
accommodate the applicant's facilities;
3. The presence of the facilities will not increase the maintenance costs to the
City;
4. The presence of the facilities will not be harmful to the health of workers
maintaining the water towers; and
5. The applicant's facilities will conform to the City's standards for
appearance.
E. Application Process
All applicants who wish to locate personal wireless service facilities on City-
owned water towers must submit to the City Manager a completed application,
the application fee, and detailed plan that complies with this policy along with
other pertinent information requested by the City.
F. Termination
The City Council may terminate any lease if it determines that any one of the
following conditions exist:
1. A potential user with a higher priority cannot find another adequate
location and the potential use would be incompatible with the existing use;
2. A user's frequency broadcast unreasonably interferes with other users of
higher priority, regardless of whether or not this interference was
adequately predicted in the technical analysis; or
3. A user violates any of the standards in this policy, the lease agreement, or
any other conditions attached to the City's permission.
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Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it, and provide an opportunity for the user to
address the City Council regarding the proposed action. This procedure need not
be followed in emergency situations.
G. Reservation of Right
Notwithstanding the above, the City Council reserves the right to deny, for
reasonable cause, the use of any or all City-owned property by any one or all
applicants.
H. Effective Date
This policy shall be effective October 28, 1996.
Reference: City Council Resolution No. 96-215
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2.93 Long-Term Deer Population Management Plan
The City of Brooklyn Center is an urban community with very little appropriate habitat for deer.
High deer populations continue to pose a risk to human safety due to auto-deer accidents, cause
destruction of landscaping and yard plantings, and further disrupt the already altered ecosystem
of the City. The density of deer in Brooklyn Center far exceeds the recommended norm of
twenty deer per square mile of habitat area. The City Council's goal is to create an acceptable
environmental balance that will facilitate the peaceful co-existence of citizens and wildlife. The
City Council adopts the long-term deer population management plan as follows:
1. The City of Brooklyn Center will develop an educational program that will provide
residents with information on deer habits and guidelines for limiting localized deer
damage through the use of screening, alternative plantings, and other techniques.
Educational materials will be distributed through a variety of methods including public
informational meetings, pamphlets, City Web Site, newspaper articles, and City
Newsletter.
2. In order to prevent irreparable damage to the ecosystems in Brooklyn Center and to
prevent significant injury or damage to persons or property, the City Council hereby sets
the maximum deer population density to twenty (20) per square mile per City-designated
management district. Actual numbers are to be collected via aerial count.
3. It is understood the adoption of this plan is consistent with the Minnesota DNR URBAN
DEER POPULATION CONTROL POLICIES AND PROCEDURES dated April
10,2002, (exhibit attached) governing the conduct of deer population removal outside the
normal hunting season.
4. The City will utilize bow hunters to reduce the number of deer in each management
district to the goal of 15-20 deer per square mile. By the end of five years, the initial
reduction period, it is projected that the deer population will be to a level that requires
maintenance rather than aggressive reduction. The City will strongly encourage use of
non-lethal methods to address deer damage but recognizes that harvesting of deer will be
necessary to maintain the population goal.
5. Each Spring the City Manager or City Manager's designee will review educational
material, deer population numbers (current and projected) per an annual aerial survey,
browse survey if appropriate, deer population management options, and recommend
methods and deer harvest targets for the upcoming season.
6. The City Manager's recommendations must be approved by the City Council following
public hearing prior to initiation of City management plans. Annual plans approved by
the Council will be forwarded to the Department of Natural Resources.
Reference: City Council Resolution No. 2003-165
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2.94 Employee Service Recognition Program
The City of Brooklyn Center's Employee Service Recognition Program is to recognize City
employees for years of service to the City. Effective January 1, 1997, the City of Brooklyn
Center's Employee Service Recognition Program will include recognition of part-time City
employees for their years of service to the City. The program recognizes all regular full-time
and part-time employees who work 20 or more hours a week year round for the City of Brooklyn
Center. The recognition is accomplished by the presentation of awards by the City Manager or
by the Department Director.
Awards are for recognition of years of service as follows:
Five Years Awards such as City of Brooklyn Center sweatshirt and a personalized letter from
the City Manager are given to employee.
10 Years Awards such as an engraved paperweight or engraved key chain and a
personalized letter from the City Manager are given to the employee.
15 Years Awards such as an engraved letter opener, pocket knife, or desk clock and a
personalized letter from the City Manager are given to the employee.
20 Years Awards such as an engraved desk set and a personalized letter from the City
Manager are given to the employee. Council recognizes years of employment at a
Council meeting.
25 Years Awards such as an engraved wall clock or wrist watch and a personalized letter
from the City Manager are given to the employee. Council recognizes years of
employment at a Council meeting.
30 Years Awards such as an engraved weather instrument and a personalized letter from the
City Manager are given to the employee. Council recognizes years of
employment at a Council meeting.
Awarded Upon Retirement to Employee Who Has Completed Ten Years or More of
Service: Awarded personalized Council resolution giving thanks for the work and dedication of
the retiring employee mounted on a plaque presented by the City Manager.
Employee Service Recognition Program is funded through the budget.
Reference: City Council Resolution No. 97-25
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2.95 Business Ethics Policy
The City of Brooklyn Center shall operate its business in accordance with the highest ethical
standards and with the applicable laws of the United States and the State of Minnesota and the
Charter and ordinances of the City of Brooklyn Center. Specific matters or types of transactions
not covered by such specific provisions shall be conducted in accordance with the following
general policy.
For purposes of this statement of business ethics policy, the term "public official" shall include
all elected officials, all members of boards or commissions, and the City Manager and all
employees of the City. The term "employee" shall include those personnel defined as employees
in the City's Personnel Rules and Regulations.
1. Offering or Accepting Gifts and Gratuities
A. No public official shall misuse his or her position to secure special privileges or
exemptions for such person or any other person.
B. No public official shall directly or indirectly receive, or agree to receive, any
compensation, gift, reward, or gratuity in payment for the performance of his or
her official duties except as may be provided by law.
C. Whenever a public official deals with a City supplier or customer, he or she has
an obligation to act solely in the best interest of the City. This obligation include
not only those acts formalized by written contracts but also covers everyday
business relationships with vendors or customers.
D. No public official shall ask for or accept (directly or indirectly) payment, favors,
or any other thing of significant value from a current or potential City supplier or
customer, or any other person in consideration for assistance or influence, or upon
the representation that such assistance or influence has been or will be rendered,
in connection with a purchase or any other transaction or proceeding affecting the
City. This policy does not bar the acceptance of unsolicited entertainment or
advertising favors which are of negligible value and are legally permissible, when
no assistance is given for or any obligation to render assistance is assumed by
such acceptance. No public official may accept free meals or purchase meals,
goods, or services at reduced prices from businesses in the City of Brooklyn
Center or from vendors which sell or offer to sell goods or services to the City,
unless such free meals or discounted meals, goods, or services are available on the
same terms to the public at large or to all government employees. This policy
does not apply to unsolicited acceptance of a meal which is incidental to a
specifically scheduled business meeting relating to City business.
E. No public official shall offer or give (directly or indirectly) payments, favors,
any other thing of significant value to an employee or agent of a current
potential supplier, customer, or union in consideration for assistance or influenc ,
or upon the representation that such assistance or influence has been or will be
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rendered, in connection with a sale or any other transaction or proceeding
affecting his or her employer or principal and the City. This policy generally does
not apply to meals, entertainment, or advertising favors which are of insignificant
value and are legally permissible and are given or offered without condition that it
obligate the recipient.
F. Acceptance or giving of gifts must be limited to incidentals which are obviously
of an advertising nature as items of insignificant value, or which in no way would
cause the City to be embarrassed or obligated, and no gifts or entertainment may
be accepted which, due to value, circumstances, disposition of the gift, frequency
or repetition of donation could cause the City to be embarrassed or obligated.
Gifts which do not fit in these categories must be returned.
G. Any questions concerning the application of this policy regarding specific
transactions by City employees should be referred to an employee's immediate
supervisor or department head, or the City Manager. Any questions concerning
the application of this policy regarding specific transactions by all other public
officials should be referred to the City Attorney.
H. The provisions of this policy do not supersede any provision of an employment
agreement with the City which is more restrictive than this policy.
2. Conflicts of Interest
A Prohibited conduct
1. A public official may not engage in any activity or become involved in
any arrangement (directly or indirectly) through a family member or any
other person acting on his or her behalf which will conflict, or may
reasonably be viewed as conflicting, with his or her obligations and
responsibilities to the City or involve the use of City information or
goodwill for personal gain or for the gain of others.
2. A City employee must make prior disclosure of any contemplated
consulting, representation, or secondary employment arrangement. If the
City Manager determines that the proposed activity would violate this
policy, the employee may not engage in it and continue City employment.
B. Action to be taken by public official
1. Whenever any public official, in the discharge of official duties, would be
required to take an action or make a decision which would substantially
affect the individual's financial interests or those of an associated
business, (unless the effect on the individual is no greater than on other
members of the official's business classification, profession, or
occupation), they shall:
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a. Prepare a written statement describing the matter requiring action
or decision and the nature of the potential conflict of interest;
b. Deliver copies of the statement to the City Council, the City
Manager, and the employee's immediate superior, if any;
C. If a potential conflict of interest presents itself and there is
insufficient time to comply with the provision of clauses (a) and
(b), the public official shall orally inform the City Council or
superior of the potential conflict.
2. If the public official is not a member of the City Council, the City
Manager shall make a determination in the matter. If there is no
immediate superior, the public official shall abstain in a manner prescribed
by the City Council from influence over the action or decision in question.
If the public official is a member of the City Council, at the member's
request, the City Council shall excuse the member from taking part in the
action or decision in question.
3. Safeguarding City Assets
A The department head or assigned manager/supervisor at each location i
responsible for the safeguarding of all City assets and the correctness of dat
submitted to the Finance Department and contained in the financial reports.
B. Special protection shall be afforded assets which are readily saleable because of
high intrinsic value or common usage. Attention should also be given to
machinery, equipment, and records which, if damaged, would stop or drastically
reduce operations for an extended period. Examples of assets or documents
which could provide access to assets and which need protection are:
Cash
Marketable securities
Readily marketable products, parts and subassemblies
Precious metals (raw or in any high content form)
Check blanks
Stamps/postage meters
Common tools and equipment
High value, portable equipment
Data processing and other office equipment, including programs
Vital records
C. Although the preparation of the financial reports is the duty of the Financ
Department, department heads are responsible for the accuracy and reliability o
the financial data. Consequently, the department heads should be concern
about all those factors which are involved in the propriety of recordkeeping and in
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the care taken as to the procurement, handling, upkeep, and disposal of assets of
all kinds.
D. The objective should be to safeguard City assets and maintain reliable financial
records at a level of acceptable business risk. No false, misleading, or artificial
entries shall be made on the books and records of the City. No funds or assets
shall be maintained by the City for an illegal or improper purpose. All
transactions must be fully and completely documented and recorded in the City's
accounting records. All City payments, except from authorized petty cash funds,
must be approved by the department head or the acting department head in the
department head's absence.
4. Political Activities
A The rights of employees to express their personal views on matters of public
policy and to participate in partisan political activities on personal time shall be
protected. An employee shall neither gain favor nor incur disadvantages within
the City because of any decision or activity regarding the employee's personal
political participation.
1
B. Any questions concerning the application of this policy regarding specific
transactions should be discussed with an employee's immediate supervisor,
department head, or City Manager.
Reference: City Council Minutes 7/8/91
City of Brooklyn Center
March 2006
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