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HomeMy WebLinkAbout1995 05-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 22, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Barb Kalligher, Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Assistant City Manager Nancy Gohman, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. POINT OF PRIVILEGE Councilmember Mann asked for a personal privilege. She commented the members of the Council have taken oaths as elected representatives to follow laws and she did not want to violate due process. She asked who had submitted Item 8(p) as an agenda item. The City Attorney stated he had suggested the item be added because he had been told the resolution was ready for presentation at the meeting. Councilmember Mann asked whether the date "1992" in the resolution was a typographical error. The City Attorney said it was not an error. Councilmember Mann asked whether the City Manager has resigned and whether the City has received notification of the City Manager's resignation. The City Attorney said there has not been a resignation. The Council has been given a proposed agreement under which terms the City Manager would resign. Councilmember Mann asked whether Item 8(p) is a new contract. The City Attorney stated Item 8(p) is not an employment agreement but is, instead, a contract for involuntary resignation. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom (for discussion purposes) to terminate the City Manager under the at -will clause of his employment contract and with an effective date of July 1, 1995. 5/22/95 - 1 - Councilmember Mann stated she had made her thoughts clear earlier that it is time for a change. She stated Council should not consider a new contract but should move forward under the terms of the existing 1995 contract. The City Attorney clarified Item 8(p). The agreement is not an employment contract but a proposed severance agreement. The City Manager's legal counsel and the City Attorney prepared the agreement. The agreement provides for benefits which are included in the existing employment contract. During preparation of the document, the City Attorney had no authority to negotiate the terms of the agreement, only to memorialize requested terms of settlement. The City Attorney explained the resolution's reference to 1992. The 1995 employment agreement calls for benefits in the case of involuntary resignation or termination by the Council. There are three factors affecting benefits: (1) Some benefits are automatic regardless of resignation or termination. (2) Some benefits are arguably up for discussion. There are four findings that can be made which affect benefits. The City Manager's ten -year period was from 1982 to 1992. The law was passed in 1992. There was a further explanation of legal issues, including the "highly compensated employee" law. (3) Some benefits are not clearly and not arguably required, such as attorney fees and out - placement funding. The. City Attorney reiterated he did not negotiate the agreement. He only transferred the information into the format of a severance agreement. He is satisfied the Council could act on the document legally if it chooses. Councilmember Mann announced she would not look at a new package but would only use the existing contract. She called the question on the earlier motion. The City Attorney noted the presiding officer may or may not call the question when he or she is asked to call the question by a member. Councilmember Carmody noted she would prefer to have further discussion on the matter. Councilmember Kalligher commented she would like to request an Executive Session be scheduled. Councilmember Mann noted there was a motion on the floor. Councilmember Hilstrom asked Councilmember Mann to amend the motion to request the City Manager's resignation as opposed to the wording of "terminate." Councilmember Mann said she would need to see a written resignation. Councilmember Hilstrom asked Councilmember Mann whether the motion could be amended to say "request for resignation." There was a motion by Councilmember Hilstrom to amend the earlier motion. Councilmember Mann noted the City Attorney had stated the City Manager has not resigned. She stated she would not amend the motion. I 5/22/95 -2- Councilmember Carmody stated she was under the impression that two weeks ago Councilmember Mann, Councilmember Hilstrom, and Councilmember Kalligher called the City Attorney to request the termination of the City Manager. Councilmember Mann called a point of order. Councilmember Carmody stated Councilmember Mann had opened the issue. Councilmember Mann called the question. Councilmember Carmody asked that the question not be called and that the Council continue with the regular agenda items. Councilmember Hilstrom noted the meeting could not move forward with a motion on the floor. The City Attorney noted a re- ordering of the agenda is an option. He stated the presiding officer has authority to determine whether to act on a motion or await further consideration. It is the will of the body. Mayor Kragness stated the motion could wait as the Council had other business to consider. Councilmember Mann stated she wished to go on record as stating she would not vote for the consent agenda. She said she would not look at two contracts. She would abstain from voting. Mayor Kragness noted Item 8(p) was not a part of the consent agenda. OPENING CEREMONIES Helen Jacobson offered the invocation. COUNCIL REPORTS Councilmember Mann announced an open hearing of the Hennepin Recycling Group on May 24, 1995, at the Crystal Community Center at 7 p.m. Councilmember Hilstrom stated she had taken part in the Mayor's Bowl Across. The event was successful and the City had been thanked for its participation. Mayor Kragness stated she had attended the Governor's Day of Excellence event. Chrissy Wendell, a Brooklyn Center resident, was the youngest person honored at the event. Mayor Kragness also attended the American Heart Association North Hennepin Affiliate. She stated she serves on the Board of Directors and has been nominated as president of the group. A Brooklyn Center resident, Linda Kieffer, was honored by the association as "Rookie of the Year" for community programs for the year. Mayor Kragness stated she was proud of both residents and excited for their awards. 5/22/95 -3 - Mayor Kragness noted the City Council held a goal - setting session on May 18, 1995. She read the seven goals written by the Council, which were to develop a five -year strategic plan, to revitalize the City's housing stock and overall development, to re- examine and re -define the role of the City, to display team spirit, to encourage friendly treatment of residents as customers, to enhance the City's public image, and to enhance City services. Mayor Kragness commented the past two weeks have been difficult for the City. She asked residents to bear with the Council as it attempts to do what is best for the City. She stated the City needs to work together and move forward. She also read a short poem. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Mann asked that Items 6(a)(3) and 6(b) be removed. Councilmember Carmody noted Staff had requested the removal of Item 6(d). The City Manager agreed Staff had requested it due to a change in the amount. The City Attorney noted the agenda could be re- ordered and the issue taken up separately. Councilmember Kalligher proposed Item 8(p) be removed from the agenda and an Executive Session be held to discuss it. Councilmember Carmody stated she was against holding an Executive Session as the matter should be discussed openly. Councilmember Kalligher commented she thought it would be the City Manager's decision whether the meeting should be open or not. The City Attorney stated an Executive Session could be held if the purpose were a performance review but the Council would not have authority to hold an Executive Session for the purpose of discussing a severance package. Mayor Kragness commented these steps are putting the "cart before the horse." There was a motion by Councilmember Kalligher to hold an Executive Session as soon as possible for the purpose of discussion of the City Manager's performance. The City Attorney noted if an Executive Session were to be scheduled during an open meeting, such as tonight's Council meeting, the three -day posting requirement would not be in effect. Councilmember Mann asked whether, in that case, Executive Session could be held following the meeting in progress. The City Attorney said it could. Councilmember Mann seconded the motion. 5/22/95 -4- Councilmember Carmody reiterated she was opposed to holding an Executive Session. She indicated she felt such an action would prove to residents of Brooklyn Center that the Council does not want to be honest with them. She stated she believed the relationship between the Council and the City Manager is not recoverable and discussion of the kind suggested would be moot. Mayor Kragness agreed and stated she would vote against holding an Executive Session. She mentioned such an action would have been appropriate two weeks ago. Councilmember Carmody agreed and noted that three people were not present for the meeting two weeks ago. She stated she does not agree with terminating the City Manager. She called the question of the motion regarding Executive Session. Councilmember Mann noted she had seconded the motion for the purpose of discussion and would support the motion if the Executive Session were held following the current meeting. Roll call vote on the removal of Item 8(p) from its place on the agenda: Councilmember Hilstrom, aye; Councilmember Mann, aye; Councilmember Kalligher, aye; Councilmember Carmody, nay; and Mayor Kragness, nay. The motion carried. Mayor Kragness called a vote regarding holding an Executive Session later this evening. Councilmember Mann stated she wanted to go into Executive Session immediately. Mayor Kragness noted it would not be fair to people in attendance regarding other matters. Councilmember Kalligher suggested Executive Session be called for Tuesday or Wednesday. Councilmember Carmody said she would not be available at those times. The City Attorney suggested the matter be broken down and a vote taken on whether or not to hold an Executive Session, without setting a date. There was a motion by Councilmember Kalligher to hold an Executive Session as soon as possible. Councilmember Mann objected to the motion as too open- ended. She stated she wanted the meeting to be held tonight following the regular Council meeting and asked for the motion to be amended as such. There was no second to the motion. Roll call vote on holding Executive Session as soon as possible: Councilmember Kalligher, aye; Councilmember Hilstrom, nay; Councilmember Mann, nay; Councilmember Carmody, nay; and Mayor Kragness, nay. The motion failed. 5/22/95 - 5 - There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to request the City Manager's resignation and add a discussion of the resignation to the agenda. Councilmember Carmody stated the relationship with the City Manager has been severed. The working relationship is not functioning. There has been publicity. It is impossible to recover the situation. She stated she is opposed to the request for resignation but will support it as there is no alternative. Mayor Kragness indicated agreement with Councilmember Carmody. She stated she is opposed to the action but would vote in favor with a heavy heart for the sake of expediency. The motion passed unanimously. Regarding the Consent Agenda, Councilmember Carmody mentioned the May 2, 1995, Special Work Session began at 6:30 p.m. but the minutes state it began at 7 p.m. There was a separate meeting from 6:30 p.m. to 7 p.m., but there should be a written record of the meeting. The City Attorney stated those minutes will be prepared by his office. Councilmember Mann asked whether they will be minutes of a separate Executive Session. The City Attorney stated they will be regular minutes of a special meeting. Councilmember Mann noted the minutes from the May 2, 1995, Special Work Session can then remain on the Consent Agenda. f There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to approve the May 22, 1995, agenda and consent agenda as printed. The motion passed unanimously. APPROVAL OF MINUTES APRIL 17. 1995 - BOARD OF EQUALIZATION There was a motion by Councilmember Carmody and seconded by Councilmember Kalli -her to approve the minutes of the April 17, 1995, Board of Equalization as printed. The motion passed unanimously. Councilmember Mann abstained. APRIL 24. 1995 - REGULAR SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to approve the minutes of the April 24, 1995, regular session as printed. The motion passed unanimously. Councilmember Kalligher abstained. MAY 2-1995 - SPECIAL WORK SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to approve the minutes of the May 2, 1995, special work session as printed. The motion passed unanimously. Councilmember Kalligher abstained. 5/22/95 - 6- MAY 8. 1995 - REGULAR SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to approve the minutes of the May 8, 1995, regular session as printed. The motion passed unanimously. Councilmembers Kalligher, Hilstrom, and Mann abstained. RESOLUTIONS RESOLUTION NO. 95 -118 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) ZODIAC BOAT FOR THE FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 95 -119 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -G, BROOKLYN DRIVE SANITARY SEWER MANHOLE REPAIR The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 95 -120 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 95 -121 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, CONTRACT 1995 -D, HUMBOLDT AVENUE STREET AND UTILITY IMPROVEMENTS, 69TH AVENUE TO 73RD AVENUE 5/22/95 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 95 -122 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 LIQUOR FUND BUDGET AND AWARDING THE BID FOR THREE SAFES FOR THE LIQUOR STORES The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RECOMMENDATION OF THE FINANCIAL COMMISSION REGARDING AMENDMENT OF THE ADEQUATE GENERAL FUND BALANCE FORMULA CONTAINED IN THE FINANCIAL MANAGEMENT POLICIES There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to approve the recommendation of the Financial Commission regarding amendment of the adequate general fund balance formula contained in the Financial Management Policies. The motion passed unanimously. RATIFICATION OF ADMINISTRATIVE APPROVAL OF LICENSES There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to ratify the following list of licenses which were administratively approved on May 10, 1995. MECHANICAL SYSTEMS Air and Furnace Care 8733 Humboldt Ave. N. All- American Heating & A /C, Inc. 1900 Glenwood Ave. Allied Fireside, DBA Fireplace Corner 2700 Fairview Ave. Aspen Heating 1871 E. Minnehaha Louis Degidio, Inc. 6501 Cedar Ave. S. Environmental Comfort Systems, Inc. 890 N. Mill St. Fore Mechanical, Inc. P.O. Box 130788 Gas Supply, Inc. 2238 Edgewood Ave. S. Minnesota Heating & A/C 10701 93rd Ave. N. NewMech Companies, Inc. 1633 Eustis St. NW Sheetmetal Co. of St. Paul 2136 Wabash Ave. P & D Mechanical Contracting Co. 4629 41st Ave. N. Pete's Repair, Inc. 8835 Xylon Ave. N. Quality Air, Inc. 7907 5th St. N.E. Ron's Mechanical 1812 E. Shakopee Ave. Sheet Metal Services 30 N.W. Main, Bethel United Heating & A/C 2702 Idaho Ave. N. 5/22/95 - 8 - RENTAL DWELLINGS Initial: Robert C. Witt 7100 Unity Ave. N. Renewal: Doug and Kathleen Williams 5107 Drew Ave. N. Jack and Nancy Wold 5907 -09 June Ave. N. Bobby and Sally Robson 1107 57th Ave. N. SIGN HANGER Electric Sign and Lighting 11328 Zane Ave. N. Nordquist Sign Co., Inc. 312 W. Lake St. Universal Signs, Inc. 1033 Thomas Ave. RESOLUTIONS CONTINUED RESOLUTION NO. 95 -123 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A NON - INTOXICATING BEER AND A WINE LIQUOR LICENSE TO FUDDRUCKERS, INC., DBA FUDDRUCKERS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a .motion b ouncilmember Carmody and seconded b Councilmember Kalli her by Y Y g to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. AMUSEMENT DEVICES - VENDOR B & K Music and Sales 133 Spring Valley Circle GARBAGE AND REFUSE COLLECTION VEHICLES Environmental Refuse 4123 Russell Ave. N. MECHANICAL SYSTEMS Blaine Heating, A/C and Electric, Inc. 13562 Central Ave. N.E. Brooklyn Air Heating and A/C 5801 Lyndale Ave. N. Royalton Heating & Cooling Co. 4120 85th Ave. N. Thermex Corporation 4850 Park Glen Road 5/22/95 -9- MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Ford, Inc. 2500 County Road 10 RENTAL DWELLINGS Initial: Todd McDonald 7013 Girard Ave. N. Renewal: Marcus Corporation 6415 James Circle N. Leray /Keith Mortensen 4110 Lakebreeze Ave. N. Edward Doll 1201 57th Ave. N. Heidi Amundsen 2816 67th Lane N. Outreach Community Center 507 69th Ave. N. TAXICAB Town Taxi 2500 Washington Ave. #134 The motion passed unanimously. Councilmember Hilstrom a requested re-ordering of the agenda items. Councilmember Hilstr 4 g agenda 0 indicated agreement. The City Attorney noted there was a general agreement to do so. OPEN FORUM Mayor Kragness noted the Council had received three requests to use the open forum session this evening. She asked that public comments concerning the resignation of the City Manager be held until the Council's discussion of that item at the end of the a Dan McFarren, 4413 71st Avenue North, spoke regarding the Woodbine Neighborhood improvements. He stated he has attempted to communicate with City Staff but has been unsuccessful. He distributed a map detailing the area concerned. He stated the City is going to install a circle at the dead end and a long driveway which he will need to maintain. He will need to shovel an extra 25 feet which does not belong to him and he will have to drive around the circle whenever he leaves his driveway. He added his neighbor at 4407 71st Avenue North will have difficulty getting up his driveway in the winter. He stated he would like to know the reasoning behind the changes because they do not make sense to him. Councilmember Hilstrom looked at the map and verified details Mr. McFarren had discussed. Mayor Kragness noted the Council had received a letter from Mr. McFarren and had forwarded it to Staff. Mayor Kragness noted she understood a City Staff member had visited the resident at the property. 'i 5/22/95 -10- Councilmember Carmody asked Mr. McFarren whether he had attended the public hearing held on the Woodbine improvements. Mr. McFarren said he had. The Director of Public Services explained Staff had determined the roadway would never be developed further to the south and connected to another roadway. Therefore, it was decided that rather than replacing the roadway, it would be replaced as a driveway to serve the property. The same type of change has been made six or seven times in other areas of the City. She noted once the land becomes a driveway the City will no longer plow it. It is in the best interest of the community to not replace a roadway that only serves a private garage. Regarding the traffic circle, neighbors in the area had specifically asked the City to address this corner of roadway. City Staff discussed the proposed changes with residents and received their approval. Mr. McFarren stated the change only affects three people. The Director of Public Services said there are five property owners affected. Mr. McFarren said the other two neighbors are only slightly affected. Of the three greatly affected, two said no to the change and one agreed because he would be getting a "free ride." The Director of Public Services said, of the five affected, two received the project enthusiastically and one understood and agreed. Mr. McFarren said the one neighbor had not expressed understanding to him, and he still believed the neighbor would not be able to drive up his driveway. The Director of Public Services noted they had obviously heard two different stories. She added the driveway difficulty is an existing condition. Mr. McFarren said the condition will not be the same because as it is now the resident can head into the driveway straight on. The Director of Public Services said the change will help the situation. The Director of Public Services noted the plan has been approved. An amendment of the plan would cost approximately $5,000. Mayor Kragness verified the property belongs to the City rather than to the resident, and that the City needs the property for utility easement. The Director of Public Services confirmed this. There was a discussion concerning access to a proposed pond. Mr. McFarren added he will have to haul his garbage down the long driveway to the road. Councilmember Hilstrom suggested Staff be requested to work out a solution with Mr. McFarren. The Director of Public Services stated Staff is willing to work with the resident. Councilmember Kalligher requested Staff to meet with Mr. McFarren and then write a memo to Council regarding the results. The Director of Public Services agreed. 5/22/95 Mr. McFarren asked whether he will have to drive around the circle every time he leaves the driveway and whether the City will plow the circle. The Director of Public Services said he will have to drive around the circle. The City will plow around the circle and up to the curb. Mr. McFarren expressed further disagreement. The Director of Public Services noted there is a similar situation on Halifax. Mr. McFarren said the Halifax situation does not affect residents. Councilmember Carmody noted that a driveway to St. Alphonsus is affected by the Halifax traffic circle. Mayor Kragness asked whether Staff will work with Mr. McFarren. Mr. McFarren said he will work with Staff but it may be futile. Councilmember Kalligher told Mr. McFarren if the efforts are futile he should call the Councilmembers. The Director of Public Services urged quick action so that construction can begin. Mr. McFarren verified the City will need to use the driveway for utility maintenance. The Director of Public Services confirmed this, but said it would be only occasionally, and that the primary access to the pond would be through the Edina Realty parking lot. Councilmember Hilstrom left the meeting at 7:49 p.m. COUNCIL CONSIDERATION ITEMS PLANNING COMMISSION APPLICATION NO. 95005 In the absence of the Planning and Zoning Specialist, the Director of Public Services presented Planning Commission Application No. 95005, submitted by the City of Brooklyn Center, which is a request for a Preliminary Plat approval to combine into two lots the various properties acquired by the City for a pond area and Park and Ride facility located at the northwest quadrant of 65th Avenue North and Brooklyn Boulevard. She reviewed the plans in detail. She noted the two conditions placed on the application by the Planning Commission are standard conditions for similar situations. She noted the Planning Commission recommended approval of this application at its May 11, 1995, meeting. Councilmember Mann asked whether the application should be reviewed by the Shingle Creek Watershed Commission. The Director of Public Services stated the Watershed Commission reviewed the plans two years ago and approved them and they have not changed. Councilmember Hilstrom returned to the Council table at 7:52 p.m. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to approve Planning Commission Application No. 95005 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provision of Chapter 15 of the City ordinance. 5/22/95 - 12- The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 95006 In the absence of the Planning and Zoning Specialist, the Community Development Specialist presented Planning Commission Application No. 95006, submitted by VenStar Corporation, which is a request for a Special Use Permit for the placement of fill in the floodway and Site and Building Plan approval for a 20,000 square foot expansion to the General Litho Services, Inc. building previously approved by the City Council under Planning Commission Application No. 95004. Councilmember Kalligher left the meeting at 7:55 p.m. The Community Development Specialist reviewed the applications. He noted the first condition placed on the approval by the Planning Commission is a reiteration of 16 original conditions. He stated representatives of VenStar Corporation were present to answer questions. He noted the Planning Commission recommended approval of this application at its May 11, 1995, meeting. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve Planning Commission Application No. 95006 subject to the following conditions: 1. All conditions listed under Planning Commission Application No. 95004 shall be continued and complied with prior to issuance of building permits for this project, as per City Council conditions cited in their March 27, 1995, meeting minutes. 2. The applicant shall receive the appropriate approvals from the Shingle Creek Watershed Mana Commission, the Army Corps of Engineers, and the Department of Natural Resources prior to the issuance of permits for this project. 3. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this project. The motion passed unanimously. JOINT MEETING WITH CHARTER COMMISSION AND FINANCIAL COMMISSION Mayor Kragness stated a decision has been made to postpone a meeting with the Charter Commission. Councilmember Carmody asked whether the June 19 work session could be dedicated to the meeting with the Financial Commission. The City Manager said it could be arranged that way. Councilmember Kalligher returned to the Council table at 8:01 p.m. 5/22/95 - 13 - i Councilmember Carmody asked whether, in that case, an additional work session would be needed to replace the June 19 work session. The City Manager said the Council could make that decision. There was a motion by Councilmember Carmody and seconded by Councilmember Kalligher to hold a joint meeting with the Financial Commission in place of the scheduled work session on June 19, 1995. The motion passed unanimously. Donn Escher, a member of the Financial Commission, addressed the Council. He expressed approval of the date of the joint meeting but cautioned Council should be aware the Financial Commission is at an early stage of budget preparation. He also asked the Council to bring goals and ideas to the session. DISCUSSION OF CITY'S OWNERSHIP OF APARTMENT BUILDINGS Councilmember Carmody noted she wished to discuss whether a policy would be in order regarding the City's ownership of apartment buildings. The City has owned a particular building for approximately two years. There is a conflicting interest in that the City also does the housing inspections. She stated although sometimes the situations are temporary, the City should not be in the rental business. She proposed a time limit be set for the ownership of any apartment building. Councilmember Hilstrom suggested a time limit be set but language be included stating Staff could bring certain situations for special consideration by the Council. Councilmember Mann said she would agree to a policy containing a time limit but including a clause which would allow for review if more time were necessary. Councilmember Kalligher asked whether office buildings would be included in the policy. Mayor Kragness said office buildings would fall under special consideration. Councilmember Carmody asked whether the City owns any office buildings. Councilmember Hilstrom said it does. Mayor Kragness noted the current building owned should be taken care of soon. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to request Staff to write a proposed policy regarding City ownership of apartment buildings. The motion passed unanimously. APPROVAL OF REVISED CONTRACT BETWEEN THE FIVE CITIES TRANSPORTATION PROJECT AND NATIONAL SCHOOL BUS SERVICE Councilmember Carmody explained the organization serves seniors aged sixty and over. The City Human Rights and Resources Commission has never believed the service it provided was worthwhile. The service only transports residents to North Memorial and is very costly. She suggested Council approve the contract but direct Staff to research the other two or three 5/22/95 - 14- companies which provide these services and report to the Human Rights and Resources Commission. Councilmember Kalligher left the meeting at 8:09 p.m. The City Manager explained Councilmember Carmody is interested in considering a better way of providing services. Councilmember Mann said she would support the approval of the contract but it should be investigated whether transportation to medical services could be added. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the revised contract between the Five Cities Transportation Project and National School Bus Service to include the policy for National Drivers Assistance. The motion passed unanimously. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to direct the Human Rights and Resources Commission to study the transportation needs and consider the options available. The motion passed unanimously. Councilmember Carmody commented she had received a telephone call from a Mrs. Folsted. She expressed thanks to her for providing information and following up on the matter. PAY EQUITY COMPLIANCE REPORT The City Manager indicated the City is required by law to make an annual report on the issue of pay equity. The Assistant City Manager discussed the contents of the report which will be submitted on behalf of the City. She noted this review is presented to the Council for information purposes only and no action is required. The report will be submitted to the state for certification. It appears the City will be in compliance with regard to pay equity. The State will issue a response but it has been known to be a year before it is received. Mayor Kragness asked about the guidelines for compliance. The Assistant City Manager explained the report must show equal pay for males and females and Brooklyn Center's report does show 101 percent equal pay. FAMILY SERVICES COLLABORATIVE The Assistant City Manager stated Northwest Hennepin Human Services Council wants to research setting up satellite sites. The issue of transportation will also be addressed. A Councilmember is needed to participate in the planning and serve as a voice for Brooklyn Center. 5/22/95 - 15 - i Councilmember Carmody recommended Councilmember Hilstrom for involvement on the committee. Councilmember Hilstrom accepted the appointment. There was a consensus of opinion by the Council. ACQUISITION OF SINGLE - FAMILY HOMES ALONG BROOKLYN BOULEVARD The City Manager indicated Staff would like policy direction on this issue as there have been communications from residents wishing to sell their properties. Councilmember Carmody noted the Council had declined to purchase another property earlier for financial reasons and she wouldn't expect to be able to consider one at this time, either. The properties closer to 69th and Brooklyn Boulevard would be a higher priority and these would be a secondary priority. She asked whether the Council has scheduled which homes it would want to acquire if available. The Director of Community Development explained there has been no area set. Properties have been considered when they have been on the market for sale or the owners have approached the City regarding selling. In general, the policy has been to respond to owners who approached Staff and to sales listing if it was believed the timing was right. Councilmember Carmody asked whether it is best to buy as the financing is available. The Director of Community Development said acquiring homes in the specific area being discussed is low priority in general and the resources are not available. Councilmember Carmody indicated perhaps Council should set a range of houses and otherwise just automatically say the City is not interested. The Director of Community Development suggested the Council formalize a policy that it would want to see offers on properties for sale and then act on those. Mayor Kragness noted financing is uncertain due to proposed budget cuts. Funding would be on an as- needed basis for this. The Director of Community Development stated any acquisition would be done individually on the merits of the property. Councilmember Hilstrom left the meeting at 8:23 p.m. Councilmember Carmody asked whether Council is being asked to agree to purchase a home or to set a policy. The Director of Community Development stated Staff is asking Council to approve a policy for deciding on home purchases as they arise. Mayor Kragness said such a policy sounds feasible. Councilmember Mann stated that is the policy the City is currently working under. -The Director of Community Development agreed but stated the policy has been informal and it needs to be formalized. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to direct Staff to prepare a written policy concerning acquisition of single - family homes. The motion passed unanimously. 5/22/95 - 16- RESOLUTION NO. 95 -124 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN HENRY FOR HIS DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. Councilmember Hilstrom returned to the Council table at 8:26 p.m. SALE OF BONDS (FOUR COURTS APARTMENT'S PROJECT) The City Manager noted a resolution is the final action required in this matter. The Community Development Specialist noted this resolution is for the final issuance of housing revenue bonds. There is no financial commitment on the part of the City in this matter. Representatives of Dominium Company are present at this time. Councilmember Mann left the meeting at 8:28 p.m. Councilmember Carmody noted Council has considered this item previously so it has no questions on the issue. RESOLUTION NO. 95 -125 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF RENTAL HOUSING REVENUE REFUNDING BONDS (FOUR COURTS APARTMENTS PROJECT), SERIES 1995A AND TAX CREDIT INVESTOR REVENUE BONDS (FOUR COURTS APARTMENTS PROJECT), SERIES 1995B UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF INDENTURES OF TRUST AND LOAN AGREEMENTS AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. IMPROVEMENT PROJECT NOS. 1995 -07 AND 08 The Director of Public Services noted the resolution approves acquisition of easements. Three of the four easements relate to the traffic "kidney bean." The "V" at 71st Avenue and Kyle Avenue North will be straightened. Property owners on the north side of the road are affected 5/22/95 - 17 - and all are in favor of the project and agree with the valuations. An office /condominium complex is also in agreement. Regarding the planned meeting with Mr. McFarren, who spoke earlier in Open Forum, the Director of Public Services stated any action taken regarding Mr. McFarren's property would not be connected to these easements. The City Manager commented at the original hearing, residents requested action be taken to correct the odd shape, and the proposed plan is the best answer to the problem. Staff has met with residents. The situation is difficult but this plan meets the requirements effectively. A similar arrangement on Halifax Place is working well. Councilmember Mann returned to the Council table at 8:33 p.m. Councilmember Hilstrom asked the City Manager whether this resolution could be affected by further discussions between the Director of Public Services and Mr. McFarren. The City Manager stated there could be an effect on the shape of the island but he does not expect that to happen. The roadway needs to be straightened. Mr. McFarren's concern appears to be his added responsibility for plowing, etc. Councilmember Hilstrom commented if this resolution were passed but changes were made, the matter would come back to the Council. The City Manager verified this and stated Staff will make an effort to resolve the issue and proceed. RESOLUTION NO. 95 -126 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACQUISITION OF EASEMENTS FOR ROADWAY AND UTILITY PURPOSES, IMPROVEMENT PROJECT NOS. 1995 -07 AND 08, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -127 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET SPRING CLEAN -UP /EARTH DAY CELEBRATION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. Councilmember Kalligher returned to the Council table at 8:36 p.m. 5/22/95 - 18 - IMPROVEMENT PROJECT NOS. 1995 -07 08 AND 09 The City Manager noted a written report is included in Council materials. There is still the potential of a property tax freeze by the legislature which would limit the City's ability to pay the debt service paid for this project. There are options such as a contingency arrangement or delaying action. The Director of Public Services noted regarding Option No. 3 that the next meeting would be beyond the bid period and Staff did not obtain any air -tight assurance that bids would be held. The City Manager commented Option No. 3 is not as solid as Option No. 1 and Option No. 2 for that reason. Councilmember Mann stated she preferred Option No. 1. There was a consensus of opinion to follow the procedure outlined in Option No. 1. RESOLUTION NO. 95 -128 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1995-07,08, AND 09, CONTRACT 1995 -B, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. The City Manager explains this action delays the project pending outcome of legislation. If there is no tax freeze, the contract could be signed as early as tomorrow. However, if the governor is given an option, there would be a week waiting period. As far as timing is concerned, this is the fastest method and approach to take. IMPROVEMENT PROJECT NO. 1993 -18 The Director of Public Services explained she would be presenting a preliminary design of the proposed project for comment. She reviewed the design in detail. The Park and Ride contains 222 stalls with access off of 65th Avenue. The pond consists of two cells with the final design looking somewhat different from preliminiary designs seen earler due to requirements of the Corps of Engineers relating to wildlife habitat. The trail is linked to the trail system at Brooklyn Boulevard. Residents have also asked that the trail be linked at 66th Avenue North. The trail will be used for recreational walking and will have extensive landscaping. The final plan for landscaping will be developed this fall with the property owners. She noted an attempt will be made to preserve the grove of oak trees at 65th Avenue North and Brooklyn Boulevard. The parking lot has been designed around it. There will be mature trees maintained within the Parking lot for aesthetic purposes. Regarding the shelter and bike locker areas, the Director of Public Services said the shelters proposed will have an adaptation to the Metropolitan Council Transit Operations (MCTO) 5/22/95 - 19- generic shelter roof in order to preserve the farm theme. A bus windvane will be added as an extra touch. The two shelters will be a sufficient size for the 222 parking stalls as the MCTO has stated many people wait for the bus in cars rather than the shelter. The Director of Public Services also stated that the consultant who prepared the conceptual design had shown some park facilities, such as a playground and a basketball court. The residents to the south of the area adamantly opposed active recreation facilities and the Park and Recreation Department believes that the area is adequately served by other parks. Therefore, park facilities have been eliminated from the design but could be reconsidered if necessary. The Brooklyn Center City Council recessed at 8:54 p.m. The meeting of the Brooklyn Center City Council was reconvened by Mayor Kragness at 9:09 p. M. RESOLUTION NO. 95 -129 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY DESIGN AND AUTHORIZING THE DEVELOPMENT OF FINAL PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1993 -18, POND, PARK, MTC PARK AND RIDE, AND 65TH AVENUE REALIGNMENT The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -130 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13131 TO PROVIDE FOR THE AWARD OF AN ASSESSMENT STABILIZATION GRANT FOR THE JAMES /KNOX STREET IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. PROCLAMATION Member Kathleen Carmody introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING JUNE 16, 1995, AS THE DAY OF THE AFRICAN CHILD The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. 5/22/95 -20- PURCHASE OF PROPERTY FOR A STORM WATER POND The City Manager commented the final figures are available for this purchase. The Director of Public Services explained the purchase was previously approved by the Council at $70,000. There was confusion by all parties on the purchase price, but there has now been an agreement on the price of $79,000. She recommended the negotiated price of $79,000 be approved. RESOLUTION NO. 95 -131 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AMENDING NEGOTIATED AGREEMENT AND AUTHORIZING THE PURCHASE OF PROPERTY FOR A STORM WATER POND The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. DISCUSSION OF SEVERANCE AGREEMENT Councilmember Hilstrom asked the City Attorney to comment regarding the City Manager's 1995 employment contract as compared to the proposed settlement agreement. Mayor Kragness noted there are citizens present to address the issue. Councilmember Hilstrom questioned whether the Council should decide on the package first before taking public comment. The City Attorney stated it is up to the Council whether and when to take public comment. Mayor Kragness indicated she preferred to hear the citizens who have waited and called them to speak. She noted there were two registrations for comment on this issue and opened the meeting to the public at approximately 9:17 p.m. Walter Bursch, 6028 Emerson Avenue North, stated he moved to Brooklyn Center over 35 years ago and has been proud of the City's leadership, good schools, and hard - working citizens. He expressed concern about recent events. Secretive actions do not "sit well" with him and he believes all units of City government should follow the open meeting laws. He asked the Council to please describe the deficiencies on which the termination of the City Manager is based. He indicated he would like to trust and support the Council but he will need its help in understanding the situation. Madeleine Roche, 816 69th Avenue North, noted she was speaking with regret and anger to reproach the City Council on its actions. The actions reminded her of teenagers on the telephone and such actions are not worthy of the City Council. Absenting themselves from a Council meeting is a cop out and doesn't sit well with citizens. She suggested if resignations are being considered, the Council might start with the resignations of Councilmembers Mann, Kallig and Hilstrom. The City of Brooklyn Center does not need this kind of leaders. 5/22/95 -21- Rather, it needs Councilmembers who have integrity, honesty, and are prepared. The Councilmembers need the City Manager to guide them through one or two years as they learn their jobs. Jerry Pedlar, 5330 62nd Avenue North, the president of the Brooklyn Center Taxpayers' Association, stated the activities of the City Council lack integrity and fairness, reek of cowardice, and are possibly illegal. He stated he was told three weeks ago that Councilmember Kalligher was the swing vote in a movement to remove the City Manager. At that time, he had asked Councilmember Kalligher what part of the City Manager's performance was wrong and what could go sour in the relationship in only four months and she had said the City Manager's 1994 performance was basically good as far as the two senior members of the Council were concerned. He asked how this action could have been taken without due process. He challenged the Council to make public a list of objections which Councilmember Hilstrom had written. He stated the City Manager deserves due process and was not given it. He also said the Councilmembers work for the citizens and decisions should be fair and in the best interest of the community. He reiterated he would like to see the list of concerns regarding the City Manager, noting he understood the contents are minor details. Councilmember Hilstrom stated she did prepare a list and does not object to its release. However, at this point the City Manager has the option of whether or not it is released to the public. She added she remains confident in her process. Mr. Pedlar commented from the standpoint of a business manager an employee is generally given more than 4 -1/2 months just as a manager would expect that much time. Councilmember Carmody stated, regarding the list of concerns, she has not as yet seen any evidence for the items detailed. She noted she still does not understand the listing. Don Poss, 3212 65th Avenue North, stated he is a long -time resident and former City Manager (for eleven years) of Brooklyn Center. He said he has known the City Manager for a long time and has known him to be competent, honorable, and loyal. He also stated the citizens are realists and are not present to question the Council's authority to terminate an employee at will for no reason. He expressed his opinion that the City Manager may be feeling freed at this point. He stated his concern is that three councilmembers are blackening the name of Brooklyn Center. He said even the Brooklyn Park charge was legal but many are of the opinion this was illegal. Mr. Poss also stated that no City Attorney would begin a process to terminate a City Manager without express instructions from a City Council but there was no formal instruction given in an open meeting. In addition, there has been publicity. He then asked whether it is true the City Attorney advised Councilmember Kalligher not to attend the May 8, 1995, Council meeting. Councilmember Kalligher answered it is true. Councilmember Mann called a point of order. She said there is not an interrogation in process. 5/22/95 -22- Mr. Poss asked where the City Attorney got the authority to bring a resolution to this meeting. He said he believes there have been many secret meetings. A good illustration that there were secret meetings is the collusion of non - attendance at the May 8 meeting. He said the Council had a fresh start in January and he felt positive about the City government. However, the City Council has done much in the past three weeks to tear down the positive image. The public image cannot be rebuilt with money and it is in the toilet right now. The Councilmembers were elected to exhibit integrity and have done a poor job of it. Councilmember Kalligher called a point of order. She said there should be no clapping by the audience. Mayor Kragness asked the audience to restrain its response. John Barlow, a resident of Brooklyn Park but an employee of Brooklyn Center, commended the Council for its actions. He noted the Council is moving forward and there will always be resistance to change, as is being heard. He said he moved his business out of Brooklyn Center because of arguments and was unhappy with the city government and policies, including bully tactics. He asked where there is proof a secret meeting was held. Councilmember Carmody stated a trial is not in progress and evidence cannot be required. Mr. Barlow noted groundwork is being laid for a suit on the open meeting law. The issue is not whether the City Manager did good work. It is a matter of the City moving forward. Mayor Kragness stated there is a right way and a wrong way to go forward and the one used was wrong. Mr. Barlow answered that this is the opinion of a certain group of people. He added there was once a vendetta to get rid of Mr. Barlow also and he would still like to discuss it with the people involved. In the current case, the Council was taking some initiative and the community is resistant to change. Councilmember Carmody P Y responded to Mr. Barlow b stating the action taken was not an action of the Council but of only three members of the Council. This action has far from improved the City's image and others have noticed. She said this Council is controversial and doesn't accomplish anything. The situation could have been handled in an upright manner. Mayor Kragness commented the image campaign came out of the Chamber of Commerce, not the City government. The image campaign should be kept separate from this issue. She stated the Council is sorry it has happened, but it has. Gene Lhotka, 6035 Lyndale Avenue North, stated he is concerned about the way in which the issue was brought out. It was not handled in a forthright manner. He commented he has worked with the City Manager and admires his work. He stated he has no hidden agendas and hope the Council doesn't either. He told the Councilmembers their constituents are asking for them to be forthright. 5/22/95 -23 - Ned Storla, 4207 Lakeside Avenue North, spoke as a member of the Financial Commission. He stated the City Manager attends meetings of the Financial Commission and is candid, knowledgeable, and articulate. He stated he respects the City Manager. He stated he also respects the City Council. The Council has indicated a desire to move on and dragging on the resolution to this matter for months or years will not be a constructive action. The severance benefit package is a financial cost but it is also an investment in the next city manager, as candidates will be watching how the Council treats the current City Manager at this time. He urged the Council to be careful about providing a secure environment for employees. The way this situation is handled will reflect upon the City of Brooklyn Center and everyone needs to do his or her own part to keep the reflection positive. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing at 9:41 p.m. The motion passed unanimously. Councilmember Mann stated there needs to be a clarification on whether the Council will terminate the City Manager. Councilmember Mann stated she had made a motion earlier and repeated the motion as being to terminate the City Manager at will as according to the Charter under the terms of his signed 1995 City Manager's compensation agreement with the effective date of July 1, 1995. The motion was seconded by Councilmember Kalligher. Councilmember Hilstrom stated she had understood the Council had acted earlier to ask for the City Manager's resignation not termination and the purpose of this discussion was to determine the settlement package. The City Attorney confirmed her statement. Mayor Kragness stated settlement cannot be discussed until a resignation is received. The City Attorney said that was correct. He stated his understanding was the document presented is a statement of terms under which the City Manager would submit an involuntary resignation. He stated he did not have the authority or direction to negotiate an agreement. This is only a statement of satisfactory terms. If Council agrees to the agreement, the resignation will be forthcoming. Councilmember Hilstrom asked the City Manager whether the City Attorney's statement was correct. The City Manager said his attorney had advised him not to comment on the action. He added he was contacted by the City Attorney, after which he approached his counsel and the two attorneys worked out the settlement. The City Attorney stated he had made attempts to keep the City Council informed. His effort was only to put the City Manager's requests into lawful written form so that it would be in an adoptable format. He stated the document is legal and is acceptable to the City Manager. He indicated he would be happy to explain the document in detail if the Council desires it. 5/22/95 -24- Councilmember Kalligher asked whether, if the proposed settlement package were accepted by the Council, the City Manager could come back at any time for further recourse. The City Attorney said the agreement contains a waiver of all claims prior to the date of execution. He referred to the last sentence of paragraph 7 on page 2 of the agreement. Councilmember Mann asked whether the terms in the sentence referenced legally mean the same as "hold harmless." The City Attorney answered it is a different concept. The indemnification is for the City Manager's protection concerning actions taken during his tenure as City Manager. It would not be appropriate to ask the City Manager to indemnify the City against a third party. They are different legal concepts. Councilmember Hilstrom read Item No. 10. She asked whether that paragraph would deny her the right to make statements. The City Attorney stated it would depend on whether the statements made were acrimonious. Mayor Kragness asked for a definition of the word "acrimonious." The City Attorney stated acrimonious statements would be highly emotional or highly negative statements. He also noted this paragraph is identical to one used by the City of Brooklyn Park in an agreement. Councilmember Hilstrom asked how different the agreement is from the provisions of the employment contract. The City Attorney detailed the provisions. The amount of time for notice of termination is different. The salary is the same in both documents. The term "pay" needs to be defined in order to know whether the provisions referring to "pay" differ. "Pay" may include benefits such as car allowances, dues, and memberships. It is a question of interpretation of the term. The same concern comes out of the use of the term "deferred compensation." The City Attorney was unsure on the comparison in regard to the PERA contribution. Vacation and sick leave clauses are the same. The items requested in paragraph seven are not in the employment contract. The contract also does not require the waiving of all claims, so there is some compensation between the two. A reference letter is not a provision of the employment contract. Mayor Kragness noted a letter of reference is a common courtesy. The City Attorney also said the City would not dispute re- employment insurance. It is mutually respectful but is not in the contract. The 15 -day cooling off period is required by law. There was a motion by Councilmember Kalliaher to accept the proposed settlement agreement between the City of Brooklyn Center and the City Manager. Councilmember Mann noted a motion was already on the floor and had been duly seconded. She repeated the motion as being to terminate the City Manager at will as according to the Charter under the terms of his signed 1995 City Manager's compensation agreement with the effective date of July 1, 1995. She stated the employment agreement with the City Manager was signed less than six months ago and is in effect. 5/22/9 -25 - Mayor Kragness called for a second to the motion. Councilmember Mann stated the motion had been seconded by Councilmember Kalligher. Councilmember Kalligher stated she seconded the motion for discussion purposes. The City Attorney noted the proposed resolution requires findings before the agreement can be passed. He recommended the resolution be acted upon first. Councilmember Mann called the question. Mayor Kragness called for a vote on the motion to terminate the City Manager under the terms of the contract. Roll call vote: Councilmember Mann, aye; Councilmember Hilstrom, nay; Councilmember Kalligher, nay; Councilmember Carmody, nay; Mayor Kragness, nay. The motion failed. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to approve the resolution making findings. The City Attorney noted three changes to the drafted severance agreement. Signature lines need to be added; the names of signatories need to be added; and the word "voluntary" needs to be removed from Exhibit C. RESOLUTION NO. 95 -132 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION MAKING FINDINGS PURSUANT TO MINNESOTA STATUTES SECTION 465.722, SUBDIVISION 3(3) AND APPROVING EXECUTION OF SEVERANCE AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND GERALD SPLINTER The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and the resolution was amended to include three recommended changes to the severance agreement. Roll call vote: Councilmember Mann, nay; Councilmember Hilstrom, aye; Mayor Kragness, aye; Councilmember Kalligher, aye; Councilmember Carmody, aye. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:06 p.m. J" — 9AIM& - 6f ' 4 t4� Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 5/22/95 -26-