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Home My WebLink About1995 01-04 CCP Work Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 4, 1995 7 p.m. Work Session 1. Call to Order 2. Roll Call 3. Discuss Selection of Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tem (10 minutes) 4. Discuss Council Liaison Appointments (15 minutes) 5. Discuss Commission Member Appointments (20 minutes) 6. Review City Council Handbook (30 minutes) 7. Bond Issue Status Report - Diane Spector (30 minutes) S. Review of January 9, 1995, City Council Agenda (15 minutes) 9. Review of Data Privacy and Open Meeting Law Requirements - City Attorney LeFevere (30 minutes) 10. Adjournment: 9:30 p.m. City of Brooklyn Center • City Council Handbook December 1994 r Table of Contents INTRODUCTION Congratulations and Welcome .............................. ........ ...... 1 Local Government in Minnesota ................ ............................... 1 Home Rule Charter Cities .. ............................... ................ 2 Council- Manager Form of Government ............ ............................... 2 Management Team ........................ ............................... 2 Responses to Citizen Concerns ................. ............................... 3 ADMINISTRATION OF COUNCIL AFFAIRS Council Meetings ......................... ............................... 4 Open Meeting Law ................... ............................... 4 Quorum.......................... ............................... 4 Regular Meetings .................... ............................... 4 Executive Sessions ................... ............................... 4 Work Sessions ..................................................... 4 Notice of Meetings ` .................................................. 4 Order of Business ............ .. ............................... ........ 5 VaryingOrder ........................... ............................... 5 Agenda............................... ............................... 5 Call to Order ....................... ............................... 6 RollCall ......................... ............................... 6 a a Approval f A ... .. ..... 6 o B enda and Consent A .................... .... . . Open Forum 6 PublicHearing ..................................................... 6 Addressing the Council .................................................... 7 Addressing the Council After Motion is Made ....... ............................... 7 Limitations Regarding Public Comments and Reports ... ............................... 7 Presiding Officer ................. ............................... ...... 7 Questions to be Stated ...................... ............................... 7 Maintenance of Order ...................... ............................... 8 Motions............................... ............................... 8 Motions Out of Order ................................................ 8 Division of Question .................. ............................... 8 Precedence of Motions ................. ............................... 8 Motion to Adjourn ................... ............................... 8 I'I Motion to Fix Hour of Adjournment ........ ............................... 9 Motion to Table .................................................... 9 Motion to Limit or Terminate Discussion ..... ............................... 9 Motion to Amend ............ ....................... ........... 9 Motion to Continue .................................................. 9 Delegation of Authority ..................... ............................... 9 City Commissions ........................ ............................... 10 Duties at First Meeting of Council ............. ............................... 10 Conferences and Associations .................... 11 RULES, DECORUM, AND ORDER Points of Order ......................... ............................... 12 Parliamentary Appeal 12 Decorum and Order - Council Members .......... ............................... 12 s n nn in Table of Contents M Lfu 0 U LOILIV Decorum and Order - Employees .............. ............................... lip Decorum and Order - Public ................. ............................... 1 Enforcement of Decorum ................... ............................... 13 Personal Privilege ....................................................... 13 Conflict of Interest ...................... ............................... 13 Limitation of Debate ...................... ............................... 13 Dissents and Protests ..................................................... 14 Rulings of Presiding Officer Final Unless Overruled .. ............................... 14 LEGISLATIVE POWERS Ordinances, Resolutions, and Motions .......... ............................... 15 Relationship Ordinances to State Law ........................................... 15 Request for Adopting Ordinances ...... ............................... 16 Requirements for Adopting Resolutions .......... ............................... 16 SPECIFIC COUNCIL FUNCTIONS Auditing Disbursements ................... ............................... 17 Board of Equalization ..................... ............................... 17 Purchasing and Letting Contracts .............. ............................... 17 Elections............................................................ 18 Levying Taxes ......................................................... 18 Public Improvements and Activities ............................................ 18 Regulation and Licensing ................... ............................... 18 Planning and Zoning ...................... ............................... 40 Housing and Redevelopment and Economic Development Authorities ....................... Preparing the Budget ...................... ............................... 20 The Budget Process ...................................................... 20 Management Team Review ........ ......................................... 20 Preliminary Property Tax Levy .............................................. 21 City Council Budget Work Sessions ............. ............................... 21 Truth in Taxation Hearings ................................................. 21 LEGAL CONSIDERATIONS AND RESPONSIBILITIES Legal Authority and Responsibility ............................................ 22 Personal Liability of Mayor and Council Members ... ............................... 22 Official Interest in Contract ................................................. 23 Legislative Immunity from Slander Suits .......... ............................... 24 Defense and Indemnification ................. ............................... 24 SUMMARY Unwritten Duties of Mayors and Council Members ... ............................... 25 Relationship with Administrative Personnel ........ ............................... 25 Formulation of City Policy ................ ............................... 26 APPENDIX .......................................................... 27 0 1NI'RODUCTION D R53 nA Li LJL rd Congratulations and Welcome! The City staff and I would like to welcome you to your new role as a very important team member of the legislative branch of Brooklyn Center government. This booklet has been developed to assist you in fulfilling your new responsibilities and to provide you with information on the City's form of government, its structure, and guidelines for the conduct of the public business by or on behalf of the City Council. In order to provide you with an interesting, yet informative summary, this manual has been designed as an easy to read guide on your new responsibilities as a Council Member and to provide some background on the history, structure, and operations of the City government as it relates to providing quality public services to the citizens of our community. If you have any questions, please do not hesitate to contact me. The Staff and I look forward to working with you in the best interests of the citizens and community. Sincerely, Gerald G. Splinter City Manager Local Government in Minnesota In Minnesota, the Legislature can, within the limits of the State Constitution, provide for the "creation, organization, administration, consolidation, division, and dissolution of local government units and their functions, for the change of boundaries thereof, and for their officers ... " (Minnesota Constitution, Art. XII, Sec. 3). Municipalities are subject to the "absolute sovereignty" of the Minnesota State Legislature, with the limited exception that under the constitution's "home rule" provisions, a city may enact a charter outlining its form of organization and governmental powers. Local charter provisions must conform to the State Constitution and to those state statutes which apply to "home rule" cities. As is the case with the City of Brooklyn Center, a Charter establishes the guidelines under which the City must operate. In a "home rule" charter form of government, charters may be more restrictive than a "statutory city ", but can not establish criteria that subordinates state statutes. Minnesota law divides cities into four classes based on population for the purpose of enacting legislation which affects them. First class cities are those with populations in excess of 100,000; second class - 20,000 to 100,000; third class - 10,000 to 20,000; and fourth class -under 10,000. Accordingly, subject to Minnesota classifications, the City of Brooklyn Center is classified as a second class city. City of Brooklyn Center Page 1 D rpgp Handbook Home Rule Charter Cities Any city in Minnesota may adopt a home rule charter, which a charter commission prepares for meeting the city's individual needs and desires. Such a charter is, in a sense, a local constitution. Local voters approve the charter and can change it. In certain cases, the Council can change the charter by ordinance, but must meet special provisions or requirements set forth in state law. The charter may provide for any form of city government as long as it is consistent with state laws applicable to home rule charter cities. City charters differ widely in the powers and duties they give to councils and other officials. All cities receive additional powers under a charter and must follow the regulations of other state statutes. For example, statutes other than the city charter give cities the authority to conduct planning, set up civil service commissions, and do many other things. In the City of Brooklyn Center the City Code has been organized to deal with a variety of local issues and provides City staff with procedural direction on resolving a myriad of City concerns in a fair, legally defensible, and uniform system of self - governance. Council- Manager Form of Government The City of Brooklyn Center, under its home rule Charter, has established a Council- Manager Plan. This provides for the aforementioned responsibilities, plus any additional responsibilities called for under the City Charter and applicable City Code (ordinances). The City Charter provides for t City Manager to serve as the Chief Administrative Officer with direct administrative control of a City organizational affairs, including the proper execution and enforcement of the City Charter, and any other pertinent county, state, and federal laws. In addition, the City Manager develops, implements, and enforces City ordinances and resolutions adopted by Council. Subject to the provisions of Section 6.02.3.b and 6.02.3.c of the City Charter, the City Manager shall appoint all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. The City Manager also acts as a liaison to Council by conducting research on policy issues, providing timely information, and developing recommendations on a wide range of public policy issues. Specific duties and responsibilities of the City Manager are established under Section 6.02 of the City Charter. Management Team Top level management of the City is facilitated by, and through, a team participation process. This process is designed to foster a high level of trust, openness, and cohesiveness between members of the team. Members of this group are the City Manager, Finance Director, City Attorney, Community Development Director, Police Chief, Fire Chief, Public Services Director, and the Assistant City Manager. City of Brooklyn Center Page 2 I', D /�j i d k LTOL:1 L3 The management team attends City Council meetings, participates in Council deliberations as required, and meets after each Council meeting to discuss issues, review alternatives, gather and share information and ideas, and conduct group problem- solving. Each member receives input from the group while also having the opportunity to express views on various issues of concern. In addition to the regularly scheduled meetings, the management team meets as necessary to consider a broad variety of City issues. These include administrative and operational concerns, as well as issues of regional and state -wide interest. Responses to Citizen Concerns Citizen concerns are typically brought to the staff's attention by directly contacting the staff, by appearing at Open Forum, or by communicating with one or more Council Members. Citizen concerns expressed during Open Forum are documented, names and addresses are recorded, and a staff report is generated to address the concern. A copy of the staff report is communicated to the citizen and Council outlining the City's response. Facilitation of this process usually begins the day following the Council meeting when the management team meets to discuss each item in which Council directed that a staff report or some other type of action be taken in response to the citizen's concern. A Customer Service Request form is used by the management team to respond to service requests brought to their attention by a Council Member. The nature of the service request, along with the department response, the time involved, and the disposition of the request is entered on the City's computer network system. If, for example, a Council Member is contacted directly by a citizen over a service issue, the process would begin with the Council Member reporting the situation to the City Manager's office. A Customer Service Request form would be completed, assigned a code number, and transmitted to the appropriate department for action. Forms are processed on the City's computer system, with a printed "hard" copy being sent to the requesting official once final actions are initiated. City of Brooklyn Center Page 3 ADMINISTRATION OF COUNCIL AFFAIRS D nnA bu Up Council Meetings Is City Councils can exercise their powers, both governmental and proprietary, only in meetings that comply with the following requirements: Open Meeting Law The State's Open Meeting Law, with a few minor exceptions, specifies that all meetings must be open to the public and that all votes taken must be recorded in a journal which is available to the public. Quorum A quorum (or a certain minimum number of members) must be present. A Council quorum in Brooklyn Center is three members. Regular Meetings 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. Regular meetings will be cablecast and the videotapes will be retained for three mont after approval of the official minutes of the meeting. The written Council minutes are t permanent record for the City. Executive Sessions Executive Sessions are closed meetings (non - public) called by the Council to discuss publicly- sensitive issues related to 1) City labor negotiations, 2) ongoing or imminent litigation involving the City as a legal party, or 3) employee performance reviews on positions appointed directly by Council. State law requires that the media and other interested parties be notified of Executive Session dates and times, and that a brief synopsis be given concerning the issues discussed. Work Sessions Work Sessions may be called when deemed necessary. Notice shall be delivered in the prescribed manner. 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 transact any form of City business. That provision sets specific procedures the Council mus follow in calling the meeting. City of Brooklyn Center Page 4 - rjoni a 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. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Council Report 5. Presentations 6. Approval of Agenda and Consent Agenda 7. Open Forum 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items (includes ordinances, resolutions, discussion items) 11. Adjournment Varying Order 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. 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 Tuesday preceding the Council meeting. On Tuesday 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. City of Brooklyn Center Page 5 MM n plan Wo k Call to Order The Mayor, Mayor pro tem, or Acting Mayor pro tem shall call the Council meeting t4 order. Roll Call Before proceeding with the business of the Council, the City Clerk shall record attendance of the Council Members in the minutes. 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. Open Forum 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. Public Hearing In interest of establishing a non - threatening and positive environment, the following rules are established: 1. City Staff introduces item and gives staff report and recommendation 2. Questions of Staff by Council 3. Presiding Officer opens Public Hearing a. Comments by applicant (if applicable, i.e., Planning Commission applicant) b. Comments by concerned persons Presiding Officer will ask persons to identify themselves for the public record before speaking at the hearing. Presiding Officer will then set a time limit for statement.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. 4. Close the public hearing 5. Questions by Council 6. Discussion by Council 7. Action by Council City of Brooklyn Center Page 6 Di fkl Rlan Wbok U�u U Addressing the 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 or 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. Addressing the 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 � .'rmission from the Presiding Officer. 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. Presiding Officer The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor pro tem shall preside. In the absence of the Mayor and Mayor pro tem, the Acting Mayor pro tem shall preside. At its first regular meeting in January, the Council, by a majority vote, shall designate a Mayor pro tem. 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 h m i designate t e e ber who received the most votes in their most recent election shall be as Acting Mayor pro tem. 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. City of Brooklyn Center Page 7 Q o 9 ; � ook Maintenance of Order The Presidin g P 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. 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. 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. 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. 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 Amend Postpone Motion to Adjourn (Not Debatable) A motion to adjourn shall be in order at any time except: a. When made as an interruption of a member while speaking, b. When discussion has ended and vote on a motion is pending, and C. While a vote is being taken A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 0 City of Brooklyn Center Page 8 '1 d k Motion to Fix Hour of Adjournment Unless otherwise agreed to by at least a majority of the Council, all meetings and Work Sessions of the Council shall be adjourned by 11:00 p.m. A motion to set a different, specific time at which to adjourn, shall be undebatable and shall be unamendable except by unanimous vote. 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. 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. 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. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. Delegation of Authority The Council may not delegate its administrative or legislative authority to others where exercise of discretion is involved. This means that the Council cannot give committees and /or individuals power to make decisions on the Council's behalf. In Brooklyn Center, the Council has sole authority for setting policy and enacting legislation. Typically, policy matters are researched by City staff with formal, non - binding recommendations provided to Council. Under the City Charter, Section 2.09 establishes organizational limitations on the type and amount of participation the Council may have in the administrative affairs of the City. If Council Members City of Brooklyn Center Page 9 nD un it dbook n M c have questions or concerns regarding any administrative matter, the Charter prescribes that Council_ Members "shall deal with and control the administrative service solely through the City Manage and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately." City Commissions The Council appoints members to all committees, boards, and commissions which serve in a purely advisory role to the Council. These commissions /committees /boards are as follows: Financial Commission, Housing Commission, Human Rights and Resources "Commission, Park and Recreation Commission, Planning Commission, Ad hoc City Communications Task Force, North Metro Convention and Visitors Bureau, and Northwest Hennepin Human Services Advisory Council. The Charter Commission is a statutory commission. The terms of Commission members are staggered for two or three years with appointments ending on December 31 of each year. Appointments are made by the Council as terms expire or as vacancies occur. A listing of current Commission members is included in the Appendix. Duties at First Meeting of Council Council performs several specific duties at the first meeting of the new year. a. 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. b. The Council must designate the official newspaper of the municipality where the City will publish required materials. c. The Council must designate an official depository for the cash funds of the City. d. In the absence of a provision for it elsewhere, the Council should decide upon a time and place for its regular meetings. e. 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. City of Brooklyn Center Page 10 F D i u ok Conferences and Associations Council Members are encouraged to attend state and national conferences and seminars that provide information on a wide range of local government issues. The City is an active member of a number of local, state, and national groups such as the North Metro Mayors Association, the League of MN Cities, the National League of Cities and the Association of Metropolitan Municipalities, along with a variety of other intergovernmental advisory groups. Memberships in these groups serve to keep the Council Members appraised of new legislative mandates, programs and initiatives; provide educational and training opportunities; and allow local representatives the opportunity to meet with other city officials to share common experiences and solutions. Travel arrangements can be handled either directly by the attending Council Member or by contacting the City Manager for travel assistance. Reimbursable items typically include conference fees, travel expenses, lodging, and meals. Council Members need to complete a travel expense report and may request an advance against anticipated travel expenses in most cases. In any case, receipts need to be retained for expense reimbursement upon your return. As with all city activities, conference expenditures are budgeted in the preceding year requiring the Council with a Co to plan ahead selecting specific events to attend along p by se g spec c g redetermined number p of Council participants. If Council Members have further questions on travel - related items, please feel free to contact the City Manager's office. City of Brooklyn Center Page 11 RULES, DECORUM, AND ORDER D V - &-A 4 0 Points of Order The Presiding Officer shall determine all points of order subject to the right of any member to appeal to the Council. 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 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. 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. A Council Member desiring to question the staff shall address the question to the Co 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 or 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. 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. 0 City of Brooklyn Center Page 12 . D [�A d o k Decorum and Order - Employees Staff member 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. 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. 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. Personal Privilege e The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are questioned or impugned. 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. Limitation of Debate A Council Member normally should speak only once on a subject until every other member choosing to speak has done so. City of Brooklyn Center Page 13 ntc gnVok - Dissents and Protests Any Council Member shall have the right to express dissent from or protest any action of the Council. A Council Member wishing to have the dissent or protest entered in the minutes should state so with language such as " I would like to the minutes to show that I am opposed to this action for the following reasons:" 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. City of Brooklyn Center Page 14 °d LEGISLATIVE POWERS Ordinances, Resolutions, and Motions In statutory cities and most home rule cities a Council takes official action through either an ordinance or a resolution. An "ordinance" is a City law that regulates or governs people or property and provides a penalty for its violation, or that sets a permanent rule for the organization and procedure of the local government. A "resolution" is any action of a temporary or ni contracts, and other routine administrative nature such as the ordering of assessments the letting of c s t g g actions in the conduct of the City's business. The distinction between an ordinance and resolution is in subject matter, not terminology. A Council cannot change an ordinance into a resolution merely by changing its name. Nor can a Council bypass the procedural requirements for the passage and publication of an ordinance by calling an enactment a resolution. However, a resolution a Council passes and publishes with all the formalities necessary for passing an ordinance is equivalent to an ordinance. Where there is any question about the classification of a particular piece of legislative business, the Council should consult with the City Attorney. As previously mentioned, the City of Brooklyn Center has its ordinances codified within the City Code. Another type of Council action is called a "motion." This type of action is a parliamentary term except where a home rule charter prescribes otherwise. It refers to a formal proposal which brings a question before the Council for deliberation. Usually, motions only require a majority vote of a Council quorum to pass. Section 3.04 through 3.11 of the City Charter identifies a variety of legislative procedures to be followed in ordinance, resolution and motion usage. I Relationship Ordinances to State Law Local ordinances must not contradict or be inconsistent with state laws covering the same subject. In general, a City may pass stricter regulations, but it may not be more lenient in its laws than the corresponding state statutes. This holds true in all legislative action taken by Council. In some cases, a state law may "pre -empt the field" meaning a City cannot legislate on the subject at all. Cities sometimes pass ordinances which contain the same provisions as a corresponding state law. For example, in order to have all the effective provisions in one body of law, local ordinances might restate state liquor laws for their jurisdiction. Ordinances, in a specific sense, are the laws of the community. They do, in many cases, carry criminal penalties of a fine and /or imprisonment. In Brooklyn Center, violators are subject to misdemeanor prosecution that carries penalties of imprisonment and a maximum $700 fine, or both should the offense warrant it. City of Brooklyn Center Page 15 I N qo LO ULrJJ Request for Adopting Ordinances In home rule cities, like Brooklyn Center, the Charter usually sets out the requirements for the passage of ordinances. These requirements frequently include a time lapse between introduction and final passage; a minimum number of Council Members voting their approval of it; and publication in the official newspaper before taking effect. The Brooklyn Center City Charter prescribes three legislative protocols in the adoption of City ordinances. The first category includes emergency ordinances which take effect immediately upon passage or at some later date as directed, and must have unanimous vote of the Council Members present. The second category is voter adopted ordinances which shall take effect after election results are certified, or at such later date as prescribed. The third, and most typical category, is by Council action which directs a minimum seven (7) day interval between introduction and final passage, plus a 30 day period after publication before it becomes effective (City Charter Section 3.05 and 3.09). Requirements for Adopting Resolutions Generally, requirements, as previously mentioned, don't apply to passing resolutions. A formal resolution implies the proposition be in writing before the Council votes on it, but in the absence of statutory or Charter regulations, an informal motion that the Council adopts and includes in the minutes is equivalent to a resolution. In Brooklyn Center, the majority vote of all Council Members present is necessary to pass a resolution. City of Brooklyn Center Page 16 SPECIFIC COUNCIL FUNCTIONS This section lists some of the more important functions of the City Council. The list is by no means all inclusive. More extensive information on most of these functions is available in the City Code. Auditing Disbursements All City disbursements are reviewed and approved by the Finance Department. The check register is submitted to the Mayor and City Manager for approval. If City Council members are interested, copies of the check register can be made available for their review. The City Manager and Treasurer are required to sign all checks that disburse City funds. The Mayor and Treasurer are required to sin all checks that disburse E.D.A. funds. In addition, the City Manager serves as 1 g ty g ) the Chief Accounting Officer responsible for the proper accounting of all City monies, as 2) the Chief Budget Officer responsible for the development and strict enforcement of the annual budget, and 3) as the Chief Purchasing Officer responsible for the letting and making of contracts and purchases subject to Charter restrictions, along with other related duties associated with meeting the cash flow requirements of the City. In most instances, the City Manager has delegated these responsibilities to the appropriate City staff. However, the ultimate responsibility for the supervision and proper execution of these functions belongs to the City Manager. Board of Equalization Under the City's Charter, the Council shall constitute a Board of Equalization. The Board meets between April 1 and June 30 annually to examine the City's assessment rolls, to determine that all assessments of taxable property in the district have been legal and just, and to hear and determine complaints from taxpayers. The Council, pursuant to Section 7.04 of the City Charter, serves as the Board of Equalization to equalize assessments of property for taxation purposes each year. The date of the meeting is selected by the Council and submitted to the County. Purchasing and Letting Contracts Under the City's Charter, the City Council shall by resolution establish and maintain a purchasing policy for the city. The purchasing policy was last revised on October 1, 1986 and contains some dollar thresholds for advertising for bids and letting contracts which are lower than those allowed by Minnesota Statutes. This policy should be updated during 1995. The City Manager is the Chief Purchasing Officer of the City and is authorized to let bids for contracts and make purchases for up to $5,000. All contracts over $5,000 are awarded by the City Council. All contracts over $15,000 must be advertised for bids. City of Brooklyn Center Page 17 o k Elections City Councils are responsible for the conduct of all elections within their jurisdiction. This includes appointing election judges for the actual election and serving as the Election Canvass Board to certify the results of the municipal election. In Brooklyn Center, the Deputy City Clerk has administrative responsibility for elections within the City. Levying Taxes Within the limits of City charters and various state laws, Councils have the power to levy taxes and otherwise raise revenues for their cities. Under the City's Charter, the Council has the express powers to raise money by taxation pursuant to the laws of the State of Minnesota. Each year, the City is required to hold a public meeting(s) called Truth in Taxation for the purpose of explaining to their constituency the manner, the levels, and the objectives of City spending. Budget documents developed by the City are an excellent tool for Council Members to explain to their constituencies the nature of City expenditures. The Office of the City Manager is always available should you have questions about property taxes and other sources of City revenue. Public Improvements and Activities Cities, through their Councils, are also responsible for installing and maintaining pub infrastructure improvements such as City and public safety facilities, streets and stormwater system;" street and traffic lights, public parks and recreation structures, and water and sewage mains and systems. If these improvements result in a special benefit to particular parcels of property, the City can use special assessments to help defray the cost. The City of Brooklyn Center, in addition to those public service functions just listed, also has responsibility for three municipal liquor stores, a municipal golf course, a swimming pool, the Earle Brown Heritage Center, and several open air hockey rinks. These engineering and public benefit projects include, but are not limited to, planning and zoning, housing and redevelopment, recycling and solid waste activities, sidewalk replacement, and a variety of other projects as may be authorized by the Council. Regulation and Licensing The City of Brooklyn Center has the authority and is required, under statute and Charter, to regulate and license certain businesses and occupations. In addition under their general policy gu bus p g p Cy powers, the City may license a wide variety of occupations which affect public health, safety, morals, or welfare. They may also regulate, through licensing, potential nuisances within their jurisdiction. Thus, cities have the authority to require licenses for liquor establishments, contractors, dogs, etc. If the licensing ordinance includes definite standards, the Council can usually give administrative officials the authority to issue licenses. Licenses cannot be a means for raising revenue, except in a few special cases, such as liquor licenses. City of Brooklyn Center Page 18 Fro Planning and Zoning ODOM The Planning Commission is appointed by the City Council as a planning agency advisory to the City Council and has the powers and duties conferred upon it by statute, charter, ordinance, or resolution. One of the Commission's functions is to hold public hearings and make recommendations to the City Council on comprehensive plan amendments, rezoning requests, special use permit proposals, preliminary plat applications, variance requests, and planned unit development proposals. In addition, the Planning Commission makes recommendations to the City Council on site and building plans for commercial, industrial, and multiple residential properties as well as amendments to, and appeals from, the provisions of the City's zoning ordinance. The Planning Commission serves as the Board of Adjustment and Appeals for the purpose of considering and making recommendations to the City Council on zoning, subdivision, and sign ordinance variances and appeals. The Planning Commission may also initiate comprehensive plan amendments; rezoning applications; and zoning, subdivision, and sign ordinance amendments or respond to direction from the City Council to consider such matters. The City Council makes all final decisions on advisory matters reviewed by the Planning Commission. Housing and Redevelopment and Economic Development Authorities The Council functions as the Housing and Redevelopment Authority (HRA) and the Economic Development Authority (EDA) for the City. The City Manager serves as Executive Director of both of these Authorities. The HRA may buy, own, and sell land for housing and economic development purposes and engage in other housing and redevelopment activities consistent with Minnesota law. The EDA is responsible for the proper management of plans for Tax Increment Financing (TIF) districts in the City and for recommending modifications to these plans to the City Council. These EDA activities are guided by Minnesota law regarding the conditions and qualifying uses for TIF and by Council policy direction on the specific eligible uses for TIF. Generally, Minnesota law requires that the use of TIF should (1) provide an impetus for economic development, increase employment opportunities, or promote other public benefit purposes as defined by the City; (2) conform with general plans for the development or redevelopment of the City; (3) support development that would not otherwise occur if solely dependent on private investment in the reasonably near future; and (4) afford the maximum opportunity, consistent with the sound needs of the City as a whole, for development or redevelopment by private enterprise. City of Brooklyn Center Page 19 Preparing the Budget i In the light of tight financial resources for cities, preparing a budget is of utmost importance. The process of allocating funds to the various needs of City government helps the Council determine the priorities of City programs and services. Council Members must make difficult choices between programs that compete for limited funds. Also, keeping track of the budget from month to month is the best way to ensure that funds will be available at the end of the fiscal year for the purposes the Council deems important. In the City of Brooklyn Center, the major budget effort typically begins in May of the preceding year, with the involvement of all City departments in preliminary development and analysis, and culminates in formal Council adoption of a balanced budget. Each year the City must hold Truth in Taxation hearings prior to formal budget adoption. Th ese hearings g p rovide citizens with an opportunity to review the budget, ask questions, and express their views on City spending. The City Manager has the overall responsibility for developing and presenting the budget, and then implementing and enforcing the budget once adopted by the Council. As it stands, the budget is a dynamic spending plan. It is a reflection of Council spending priorities, City needs and legislative mandates, and attempts to address a variety of pressing demands for more and better services, while simultaneously minimizing the budgetary impact on taxable private properties within the City. The Budget Process 0 Due to the complexity and magnitude of the City's budget, a management process has been developed to ensure that a comprehensive review of the entire budget takes place. The total City budget includes many different funding components which adds to the multifaceted nature of City government. In addition to City considerations, a host of statutory requirements must also be complied with during each step of the budgetary process. As a result, the budget process becomes one of the more important activities of City administration. P Y Management Team Review The first stage of the budget process for the next fiscal year (same as a calendar year), begins in April of the preceding year, with the City Manager and Finance Director drafting a budget calendar. Towards the end of April, preliminary revenue forecasts are developed to identify next year's funding sources. By late Mayor early June, City departments have identified total potential expenditures they would like included in the next fiscal year. However, it is with the realization that not all demands can or will be accommodated. Requests for funding include operating expenses, capital outlays, staffing and programming. After initial review, expenditures and revenues are compared. At this point, a comprehensive review of every proposed item occurs, with division managers delivering presentations to the management team. This phase of the process is extremel important because it is used to explain each item, its operational necessity, benefit and cos City of Brooklyn Center Page 20 D foAn nd k Proposed expenditures, in this manner, are measured using a cost - benefit approach. Some items are then dropped, others are included. The entire management team process will usually be concluded by the end of July, with the preliminary budget document then ready for the next stage in the process - -City Council and Financial Commission review. Preliminary Property Tax Levy Based upon the preliminary budget document, the City Council must adopt a preliminary property tax levy by September 15 of each year. This preliminary levy is certified to Hennepin County for use in preparing the Truth in Taxation Notices which the county mails to each property owner in mid November. City Council Budget Work Sessions At this point, the budget has already gone through intensive review by the management and the Financial Commission. The City Council's role includes an in -depth detailed analysis of the budget. Some budget issues include: 1) impact of budget on City operations, 2) the tax levy implications, 3) effect of budget on the property tax, 4) levels of City spending, 5) staffing, 6) effects of state legislation, 7) state aids, 8) federally funded programs, 9) proposed capital outlays, 10) dates for public hearings, and a range of other primary and secondary concerns tied to final adoption of the budget. After these discussions have taken place, and the necessary changes enacted, the final step in the process, public hearings, take place. In addition, the City Council typically holds a workshop early in the year to establish goals and priorities which are used by staff in the development of departmental budgets. Truth in Taxation Hearings These public hearings are mandated by the State of Minnesota to allow for public input on City budgets. Formal adoption of the budget cannot take place until the public hearings have been held. Dates for the hearings must be certified to the County by September 15th of each year. Hearings must then be set between late November and mid December. County and School District hearings are also taking place during this time frame, and City hearings may not occur on the same day. Subject to state law, the County Treasurer will mail out "Parcel Specific Truth in Taxation Notices" prior to the meeting dates to all City taxpayers. These notices identify the tax impact that the taxing jurisdictions will have on taxable City properties in comparison to the prior year. Taxing jurisdictions include the County, School District, City, and various special taxing districts authorized by state law. Final adoption of the budget by the City Council must happen by December 20. Certification of the tax levy to Hennepin County must happen by December 28. Incorporating changes into the Adopted Budget document and copying it may last well into January. As you now probably realize, the budget process will then begin all over again in April. In reality, City budgeting, in many senses, is a continuous, year -round process that requires constant attention and invites continuous scrutiny from many different quarters. City of Brooklyn Center Page 21 D LEGAL CONSIDERATIONS AND RESPONSIBILITIES Some cities call members of the Council aldermen, councilmen, or counselors. Different cities usl different titles. In Brooklyn Center, it has been the practice to use the title, Council Member. Any eligible voter living in the City who is 21 years of age or older and will have resided in the City for at least 30 days by election day may run for office of Council Member. In Brooklyn Center, Council Members are at -large and serve for four years. Legal Authority and Responsibility The authority and responsibility of Council Members arise from their role as members of the City's legislative body. Because each has the right to vote on every question before the Council at official Council meetings, each one must be fully informed about the contents, implications, and probable consequence of all proposals. Every Council Member must also examine each Council action to be sure that it is within the power of the Council to take such action, and that the City legally fulfills the conditions necessary to execute the action. In Brooklyn Center, the City contracts a City Attorney to ensure that legal processes are complied with in all matters that affect the City. This individual also serves in an advisory capacity to the Council on legal questions that frequently arise during the course of City business. We live in a time where legal challenges to City actions are always a part of the public policy process. By being proactive in responding to those challenges, the City can minimize the financial and legal impact on City operations. Council Members have full parliamentary privileges during Council meetings, including the rig to speak, to make motions when the chair recognizes them, and to introduce new ordinances an* amendments to existing ordinances. The Council's bylaws or rules of procedure usually spell out these parliamentary privileges. The administrative authority of councilmembers is dependent, in part, upon the form of Council organization. In Council- Manager governments, the Council controls the administrative departments only indirectly by formulating general policies which the City Manager executes through his /her office. Personal Liability of Mayor and Council Members The powers and functions of City Council Members and of the Councils themselves are under rigid control of state law and home rule charters. Council Members must strictly adhere to such legal requirements. All actions they take must be solely in the interests of the public welfare. A comprehensive discussion of personal liability of public officers is beyond the scope of this manual. Briefly, however, Mayors and Council Members are not personally liable for an illegal expenditure if they make the expenditure in good faith through a mistake or error in judgement. They are liable if they act in deliberate violation of clear prohibitions in the law even if they act in good faith. City of Brooklyn Center Page 22 1 jd o In other areas, personal liability usually depends on whether the act is "discretionary" or i "ministerial." Personal liability does not generally exist where a public officer must exercise judgement or discretion as to the manner of performing the duty unless the officer is guilty of a willful wrong. The public official is subject to liability, however, for wrongdoing when a duty is ministerial; that is, when it is in obedience to the mandate of the law, and the officer must do it in a set manner without any exercise of judgment. Because the possibility of personal liability does exist, Council Members should take all possible precautions before proceeding with any official action. First, they should become familiar with their statutory and Charter authority. Second, although it is not necessarily a defense, they should always act in good faith and in a sincere attempt to promote the public welfare. Evidences of good faith include regularity of procedure in Council meetings, strict conformity with legal and Charter requirements, and openness and honesty in handling all public business. Third, they should seek the advice of the City attorney whenever they are in doubt about the validity of an action or procedure. The next few sections speak to some of the concerns you may have as they relate to your new position. Official Interest in Contract With certain exceptions, Minnesota laws forbid any Council Member to have a personal financial interest in (or to benefit from) the making of any sale, lease, or contract with the City. Exceptions are: a. the designation of a bank in which the Mayor or Council Members is interested as the official depository for City funds if the official discloses interest; b. the designation of an official newspaper in which a City official is interested when it is the only newspaper complying with statutory or Charter requirements relating to official publications; C. a contract with a cooperative association in which a City official is a shareholder, but not an officer or manager; d. a contract for competitive bids that are not required by law; e. a contract with a volunteer fire department for the payment of compensation or retirement benefits to its members; and f. a contract with a municipal bank for the payment of compensation to its members. If, however, a Council Member is simply an employee of a firm and receives no commission, bonuses, or other remuneration directly or indirectly from its contracts, and is not a stockholder, the Council may enter into a contract with the organization for which the officer works without respect to the amount of the contract. City of Brooklyn Center Page 23 RWb Legislative Immunity from Slander Suits Council Members in Minnesota do not have an absolute privilege to make derogatory statements during Council meetings under the protection of legislative immunity. Legislative immunity protects Council Members from responsibility for words they use on a proper occasion and which are pertinent to any proper inquiry or investigation pending before the Council. However, this immunity does not allow them to wander from the subject and make unnecessary statements that would hurt the reputation or good name of other people. Generally, there are five elements that must all be present to provide immunity; 1. the officer must make the statements in good faith; 2. the speaker must have an interest to uphold or a duty to perform in making the statements; 3. the officer must limit the remarks to matters which are pertinent; 4. the speaker must make the statement only to the people who are participating in the inquiry; and 5. the officer must make remarks only on the right occasion or during actual proceedings of the inquiry. 0 If any of these conditions are lacking, Council Members may be subject to liability even though they are conducting City legislative business. Defense and Indemnification If someone sues a councilmember for an action taken in the course of his /her official duty, the City must pay for the cost of defending the official in court, and for any judgements against the official. The only exceptions are for actions outside the scope of official duties, or cases of malfeasance or willful or wanton neglect of duty. City of Brooklyn Center Page 24 SUMMARY D Council Members frequently take actions on behalf of the City for which they must assume personal liability. Consequently, it is advisable that they make every attempt to become familiar with their statutory and charter authority and to adhere strictly to the limits of such authority. They should also base every action on a sincere desire to promote the public interest. If they have any doubt about the legality of a proposed action, or about the proper procedures to follow in executing a program, they should discuss their concerns with the City Manager. Unwritten Duties of Mayors and Council Members Council Members form a vital link between citizens and government. Whether by mail, telephone, or just on the street they are the conduit in an important two -way exchange of information. The first exchange is from the citizen to the government. In most cities, the Council Member is the first person to whom the average citizen comes with complaints, requests for assistance, recommendations f r 1 handle these contacts with extreme tact o policy, Council Members should ese c p cy, , not only to maintain good relations, but to maintain citizen support for the government itself. The second flow of information is just as vital, but not so frequent. Council Members should pass on information about City programs and policies to the citizens and contact the City Manager with questions that need to be addressed. It is our duty to educate citizens, to explain the local governmental operation and the reasons for it, as well as the meaning of City policies. In this way, Council Members can obtain and maintain citizen support and create a more harmonious and cooperative atmosphere for the conduct of government business. Creating and maintaining good relationships between government and the citizen is a partnership which requires trust and honesty. Relationship with Administrative Personnel The relationship between Council Members and administrative personnel is dependent on the particular form of government. Council Members should be careful to restrict that relationship to the defined channels. Unofficial Council interference in administrative affairs can disrupt business, weaken employee morale, and create antagonistic relationships between administrators and Council Members. Council Members should not attempt to exert any influence over the hiring and firing of administrative personnel, except for those people whose appointment they are responsible, namely the City Manager. Federal, State, and local laws have made personnel administration a very complex affair, with mishandlings costing public employers hundreds of thousands of dollars in litigation, claims, and damages. The City of Brooklyn Center has a very strong commitment in providing its employees with a fair, accountable, and uniform system of personnel administration including procedures to address employee grievances. City of Brooklyn Center Page 25 PfU U Lrd 00 Formulation of City Policy • As members of the City's legislative body, Council Members have the duty to formulate government policy. This complex task covers more than writing and passing resolutions and ordinances. Council Members must discover what the public wants through their contacts with the citizens and interest groups. From conferences with administrative officials and from their own observations and studies of City problems, they must determine the City's needs. They must also find out what policies the City can successfully pursue. Council Members must then translate this information into policies that will attain the greatest good for the greatest number of people. Developing good public policy is just like putting a puzzle together by making certain that all the pieces fit correctly. One source of help is current research in the local government field. No City has a totally unique problem. Every City can facilitate progress by using information gained through research. Council Members can get such information from the Office of the City Manager, or organizations like the League of Minnesota Cities, and other professional groups for City officials. To keep abreast of new developments, Council Members will find it helpful to play an active role in such organizations and to read their publications. In conclusion, it is our hope that this manual has provided you with some insights into the workings of your local government. The City staff and I look forward to working with you to make Brooklyn Center a community its residents can be proud of now and in the future. Should you have any questions, please feel free to contact me at your convenience. City of Brooklyn Center Page 26 APPENDIX 2 A ru 1995 City Council Members Mayor Myrna Kragness 3401 63rd Avenue North Brooklyn Center, MN 55429 h - 561 -7442 Term of Office - 1/1/95 - 12/31/98 Councilmember Barb Kalligher 5548 Girard Avenue North Brooklyn Center, MN 55430 h - 566 -3836 Term of Office - 1/1/93 - 12/31/96 Councilmember Kristen Mann 5415 East Twin Lake Boulevard Brooklyn Center, MN 55429 h - 535 -7646 Term of Office - 1/1/93 - 12/31/96 Councilmember Debra Hilstrom 3509 66th Avenue North Brooklyn Center, MN 55429 h - 561 -6487 Term of Office - 1/1/95 - 12/31/98 Councilmember Kathleen Carmody 7024 Knox Avenue North Brooklyn Center, MN 55430 h - 566 -3114 Term of Office - 1/1/95 - 12/31/98 City of Brooklyn Center Page 27 3 City of Brooklyn Center City Council Regular Session • and Work Session Schedule 1995 January 4, Work Session, Wednesday July 10 January 9 July 17, Work Session January 23 July 24 January 30, Work Session February 13 August 14 February 21, Work Session, Tuesday August 21, Work Session February 27 August 28 March 13 September 11 March 20, Work Session September 18, Work Session March 27 September 25 April 10 October 10, Tuesday April 17, Board of Equalization October 16, Work Session April 24 October 23 May 8 November 13 May 15, Work Session November 20, Work Session May 22 November 27 June 12 June 19, Work Session June 26 • CHARTER COMMISSION Court Appointed Ted Willard Rodney L. Snyder 6825 Drew Avenue North (29) 6408 Willow Lane (30) 561 -2975 566 -6631 6/20/90- 12/1/97 4/9/94- 4/8/98 Ron Christensen Marie Nyquist 6101 June Avenue North (29) 7006 Dallas Road (30) 533 -1930 561 -3953 .2/3/87- 2/3/95 4/13/92- 4/10/96 Diane Swanson Tim Willson 7006 Willow Lane (30) 6718 Colfax Avenue North (30) 560 -8893 566 -6423 3/24/94- 1/14/98 11/16/92 - 9/18/96 Tony Kuefler Beverly Wolfe 5943 Abbott Avenue North (29) 1707 Amy Lane (30) 561 -3251 566 -3889 • 11/10/86- 9/18/96 3/3/89- 2/14/97 Ulyssess Boyd Robert J. Mickelson, Jr. 4807 Azelia Avenue North (29) 4006 61st Avenue North (29) 537 -3215 536 -9187 5/18/89- 4/20/97 2/14/93- 2/11/97 Eileen Oslund, Chairperson ADMINISTRATIVE ASSISTANT 6000 Ewing Avenue North (29) Carole Blowers 537 -2858 8624 Riverview Lane, B.P. 55444 5/25/91 - 5/8/95 560 -0421 • FINANCIAL CONMSSION 0 Financial Commission meets on the 1st Monday of each month 7:30 .m. City Hall. The Financia l � P � Y Commission advises the City Council on financial matters in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Donn Escher, Chairperson Lawrence Peterson 3107 65th Avenue North (29) 5830 June Avenue North (29) 561 -4533 537 -7022 7/13/92- 12/31/96 10/25/93- 12/31/95 Denis Kelly Ned Storla 7130 Fremont Avenue North (30) 4207 Lakeside Avenue North, #328 (29) 561 -1022 535 -5431 7/13/92- 12/31/95 4/26/93- 12/31/94 Lee Anderson Ron Christensen 5344 North Lilac Drive (30) 6101 June Avenue North (29) 588 -8758 533 -1930 12/20/93- 12/31/96 7/13/92- 12/31/96 Viola "Vi" Kanatz 2901 O'Henry Road (30) • 561 -3069 7/13/92 - 12/31/94 FOR FURTHER INFORMATION CALL 569 -3300 a HOUSING COMMISSION • Housing ommission meets on the 2nd Tuesday of each month, 7:30 .m., City Hall. The Housing g Y P tY g Commission advises the City Council on housing matters in Brooklyn Center. Commissioners serve a three -year term. Chairperson and eight members. Robert Torres, Chairman Todd Cannon 4501 Winchester Lane (29) 2205 Brookview Drive (30) 537 -0813 566 -0372 12/5/88- 12/31/94 2/22/93- 12/31/95 Keith Tuttle Vince Opat 5827 Drew Avenue North (29) 6012 York Avenue North (29) 535 -0309 560 -9538 12/6/93- 12/31/96 12/6/93 - 12/31/96 Maria Olek Neal Nelson 6612 Ewing Avenue North (29) 3519 53rd Place (29) 561 -2001 537 -5228 5/23/94- 12/31/96 3/27/89 - 12/31/94 Ernie Erickson Jack Kelly 6800 Drew Avenue North (29) 6129 Scott Avenue North (29) • 560 -0092 533 -0891 (h); 545 -5000 (w) 8/28/89- 12/31/94 7/11/94- 12/31/95 FOR FURTHER INFORMATION CALL 569 -3300 HUMAN RIGHTS AND RESOURCES COMMISSION Human Rights and Resources Commission meets on the 2nd Wednesday of each month, 7:30 p.m., City Hall. The Human Rights and Resources Commission advises the City Council on the protection of civil rights and the preservation of human needs in the community. Commissioners serve a three -year term. Chairperson and eight members. Chair Sherry Maddox 5711 Knox Avenue North (30) 560 -8926 4/26/93- 12/31/94 Agatha Eckman Sharon Achtelik 5624 Humboldt Avenue North (30) 3213 Thurber Road (29) 560 -6825 566 -1914 10/13/86 - 12/31/94 4/22/91- 12/31/96 Susan Larsen Brown John Henry 5829 Shores Drive (29) 2912 Northway Drive, #301 (30) 533 -3947 560 -2359 6/22/87- 12/31/95 4/25/94 - 12/31/95 Wayde Lerbs Daniel Reiva • 5107 E. Twin Lake Blvd. (29) 1707 Amy Lane (30) 536 -9925 566 -3889 8/22/94 - 12/31/95 8/9/93- 12/31/94 Charlotte Nesseth 4225 66th Avenue North (29) 535 -4629 8/22/94- 12/3,1/96 FOR FURTHER INFORMATION CALL 569 -3300 PARK AND RECREATION COMNIISSION Park and Recreation Commission meets on the 3rd Tuesday of each month, 7:30 p.m. City Hall. The Park and Recreation Commission advises the City Council on the park and recreation program in Brooklyn Center. Commissioners serve a three -year term. Chairperson and six members. Arvid (Bud) Sorenson, Chairman Art Mead 6901 Toledo Avenue North (29) 3825 56th Avenue North (29) P.S.A. III P.S.A. V 566 -4524 537 -9186 9/24/79- 12/31/96 5/9/88- 12/31/95 Sarah Robinson Pollock Thomas Shinnick 7018 Girard Avenue North (30) 5324 Oliver Avenue North (30) P.S.A. II P.S.A. I 566 -9160 560 -0273 5/23/88- 12/31/95 11/13/89 - 12/31/94 Don Peterson Margaret Knutson 3715 58th Avenue North (29) 3300 66th Avenue North (29) P.S.A. V P.S.A. IV 533 -5949 566 -3622 . 11/7/83- 12/31/95 11/8/93- 12/31/94 Kay Lasman 4407 Woodbine Lane (29) P.S.A. III 560 -6689 1/10/94- 12/31/96 FOR FURTHER INFORMATION CALL 569 -3300 PLANNING CONMSSION Planning ommission meets on the 2nd and 4th Thursday of each month 7:30 .m. City Hall. The g Y P , tY Planning Commission advises the City Council on planning, zoning, sign, and subdivision matters. Commissioners serve a two -year term. Chairperson and six members. Tim Willson, Chairperson 6718 Colfax Avenue North (30) 566 -6423 2/22/93- 12/31/94 Robert Mickelson Dianne Reem 4006 61st Avenue North (29) 6225 Chowen Avenue North (29) 536 -9187 561 -2690 12/28/92- 12/31/94 2/22/93- 12/31/94 Mark Holmes Donald Booth 7207 Grimes Avenue North (29) 5824 James Avenue North (30) 560 -3036 560 -8864 1/8/90- 12/31/93 1/10/94 - 12/31/95 Ella Sander 732 Willow allow Lane North (30) 566 -0460 • 9/6/88- 12/31/96 FOR FURTHER INFORMATION CALL 569 -3300 City of Brooklyn enter Organization I� ELECTORATE �1 Cit Council Advisory - -_— �_ Commissions Purchaoing �) Personnel City Attorney - - - - - - _ City Manager Elections Licenses City Clark See Chart 1 PersonnelSLructure F_ PUBLIC SERVICES FIRE DEPARTMENT P POLICE DEPARTMENT FINANCIAL SERVICES COMMUNITY -Engineering -Fire Prevention -Pa - Accounting DEVELOPMENT p - Invesd anon a r Assessing Street QMr[ce 1 rassion - Crime ravontI_ -Utll L Billing spe Sanitary Sower - ErnargencyProperodnoas Y g - Inctions - Cnrnnwnity Programs -Risk Management - EOA/IiRA -Central Garage Soo Clrort E Personnel StrtrcUU•o Supprnt Swvlcos Management Infonnotion Services Zoning ov't kgs __ _____ Liquor Stores• -EOIiC -Storm Sewer Snu Chart P Pnreonnal Structure _ -Water Dept -Planning •Park Mntce Soo Chart G Personnel Structure nocreatlon Programs • Sao Chart H - Community Center* Personnel Structure -Golf Course Sea Chart D Personnel Structure 31 City of Brooklyn Center A great place to start. A great place to stay. • December 30, 1994 MEMORANDUM TO: Mayor and Council Members FROM: Diane Spector, Director of Public Service SUBJ: Bond Issue Status Report As you know, staff, the Council, and the Commissions have been discussing the possibility of a Spring, 1995 bond issue to finance several large capital improvement projects. The purpose of the memo is to summarize where we're at, to describe the decisions which are yet to be made, and to provide a brief outline of how we would go about this process should the Council desire to move forward with it. Improvements Being Discussed The improvements proposed to be included in the discussion of a bond issue fall into four categories, although in a sense they are all interconnected. 1) Police Department /City Hall. As it has been discussed on numerous occasions, the Police Department is in desperate need of additional space. A space needs study conducted by an architectural consultant in 1989 concluded that the department has about one -half the space it needs. While the number of sworn personnel has increased since the facility was built in 1971, an even more important factor in this increased need for space lies with the civilian personnel and special projects and programs which have been introduced since that time. DARE, TAP, COPS, and other programs have greatly expanded the responsibilities of the department without a concomitant increase in space to house the employees and volunteers which make the programs possible. In addition, the holding facility is no longer up to code; it is being grandfathered in with the understanding that the City intends to do something about it within the next few years. At the same time, other components of the entire Civic Center complex are aging and are in need of replacement. The HVAC system which serves the complex is 25 years old, and is not energy efficient. The roof on City Hall leaks and needs to be replaced (the roof on the Community Center was replaced several years ago). The windows throughout the complex are single pane, and are also not efficient. Lighting is poor; walls are minimally insulated. Neither City Hall nor the Community Center are properly accessible under ADA, and there 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 5¢9 -3494 An Affirmative Action /Equal Opportunities Employer are numerous building code violations. The layout of space no longer is adequate for today's needs. The Council Chambers is not accessible, is insufficiently lit, has poor acoustics, and could benefit from upgraded video technology. Numerous studies have been conducted over the years to develop options and alternatives for the Civic Center complex. The most recent comprehensive study, the 1989 space needs study, concluded that the most cost - effective option would be to construct a new addition to City Hall for the Police Department, in the space between City Hall and the Community Center (in the area currently occupied by stairs and the chlorine storage building), and to remodel the existing City Hall to replace the HVAC, the roof, and make accessibility, building code and space use changes. Based on previous studies, our best guesstimate of this cost would be $6 -7 million. 2) Community Center. The Park and Recreation Commission has discussed in the past the need to consider providing additional recreational opportunities at the Community Center. Proposals for improvements at the Community Center range from simply doing "minor" remodelling such as adding an elevator and making other minor space use and accessibility modifications, to adding a senior /activity center area, to adding a whole "field house" or "health club" option which might include a m an indoor walking/running /runnin track handball P g gym, g g courts, larger exercise facilities, etc., similar to the new community centers at Shoreview or Maplewood. Improvements could range from $1 million to $10 million. 3) Fire Stations. Both fire stations are in need of remodelling and expansion, primarily to provide improved training and living areas, at an estimated cost of $1.2 million. It has also been proposed to roll into this item about $300,000 for the scheduled replacement of several large pieces of equipment, such as the salvage van, the rescue van, and a mini pumper. 4) Parks. The issue which really got the debate regarding a bond issue moving was the recognition that most of our playground equipment and many of our park shelter buildings need to be replaced. We have been in the slow process of replacing playgrounds a few at a time, but it is apparent that we simply do not have the funding available to do all that needs to be done. A rough estimate of the cost to replace equipment, buildings, field lights, etc, and add additional improvements to the parks is $2.5 million. Other recreational improvements have also been discussed by the Commission, such as an ice arena, a golf dome, and new park facilities, such as the development of the Joslyn site. Based on previous estimates and other cities' findings, it is estimated an ice arena could cost $4 million. A golf dome might require $200,000 to build. The Twin Lake Trail, trail head improvements, and development of the Joslyn site are estimated to cost an additional $1 million. Some of these improvements wold be constructed as enterprises, meaning the bonds would presumably be repaid and operating expenses met with proceeds, rather than with General funds. Where are we at? and What decisions are yet to be made? It is essential that the Council and staff learn the community's desires and level of support as soon as possible. To do this, the council has authorized hiring a professional opinion survey firm which specializes in this area to conduct an extensive opinion survey. In order for this firm to develop survey questions which will address the right topics, we must determine which improvements are realistic and which should be discarded for now. The Council has been presented with a listing of the improvements which have been discussed, but no consensus has emerged regarding which should stay and which should go. If the Council desires to keep discussion of a bond issue moving, and this does not in any way commit the Council to actually calling for a referendum, the most immediate decision to be made is whether the improvement list should be pared down or if the surveyor should inquire about the level of support for all these improvements. If the list is to be pared down, obviously the second decision is to agree on an amended list of proposed improvements. Outline of Process The following is a brief description of the various steps in the process. Bear in mind that the Council can choose to terminate further consideration of the bond issue at any time, and can also amend proposed projects, etc., at any time. If the Council were to begin the process immediately, then an election could realistically be called by June. Should the voters approve the referendum, the earliest construction could start on major improvements would be 1996; playground equipment replacement generally does not require a lot of lead time, and some of those improvements could be made in 1995. 1) Select one or more improvements to be considered for financing through a bond issue. 2) Conduct opinion surveys regarding the proposed improvement(s), how much the community is willing to pay, and how the proposed improvement(s) should be packaged. 3) Based on survey results, establish improvement projects, and authorize development of preliminary plans and cost estimates. This would require hiring architectural, engineering, and/or or landsca a Tannin consultants. i also capable re preparing f this p planning an City staff is of p p g some o s information (primarily in the areas of equipment). 4) Conduct informational meetings. Conduct neighborhood meetings. Refine plans based on public feedback. 5) Call a special election to consider a bond referendum. 6) About 4 -6 weeks prior to the election, begin the campaign. The City provides informational material only, while interested citizen's groups organize themselves as "yes" or "no" committees. 7) If the voters so authorize, engage a financial consultant to broker the sale of bonds. 8) When the sale is complete and funding is in hand, the real work begins. Consultants are engaged to prepare final plans and specifications, projects are bid and contracts let, and construction begins. Commissioner PETERSON moved and Commissioner POLLACK seconded a motion to adopt the following resolution: PARK AND RECREATION COMMISSION RESOLUTION RECOMMENDING CONSIDERATION OF A PARK BOND ISSUE WHEREAS, the Brooklyn Center Park and Recreation Commission sees Brooklyn Center as a city with a bright future which has the potential to attract young families; and WHEREAS, comprehensive upgrading of park facilities would enhance the city's image and increase its attractiveness. NOW THEREFORE, BE IT RESOLVED, BY THE BROOKLYN CENTER PARK AND RECREATION COMMISSION that this Commission strongly recommends that the City Council consider a park bond referendum in Spring, 1995, or at the soonest possible date. We see the following items, in priority order, as essential for consideration: A. Replacement of aging playground equipment in all City neighborhood parks as soon as possible, taking into consideration neighborhood and ADA needs. B. Repair or replacement of all shelter buildings as soon as possible, to meet ADA accessibility requirements, and recreation and operational needs. C. Implementation of general and operational park improvements, such as replacement or addition of lights, athletic field maintenance, restroom facilities, and storage buildings. D. Construction of a field house and activity center at the Community Center. E. Acquisition and development of new park land, including the Willow Lane redevelopment area and the Joslyn site. F. Construction of a hockey arena. G. Development of the Twin Lake /Preserve /Kylawn nature area and Twin Lakes Tail system, in cooperation with the cities of Crystal and Robbinsdale. BE IT FURTHER RESOLVED that the Park and Recreation Commission stands ready and willing to provide advice and counsel on this matter, and requests to be involved in the development of this bond referendum. The following Commissioners voted in favor of the resolution: PETERSON, LASMAN, KNUTSON, MEAD, POLLACK, and SORENSON The following Commissioners voted in opposition to the resolution: None The following Commissioners were absent from voting: SHINNICK June 22, 1994 D CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 9, 1995 7 p.m. Rough Draft 1. Call to Order 2. Roll Call 3. Opening Ceremonies P g 4. Approval of Minutes: * a. December 14, 1994 - Special Session * b. December 19, 1994 - Regular Session C. December 20, 1994 - Executive Session d. December 20, 1994 - Special Session 5. Adjourn 1994 City Council 6. Administer Ceremonial Oath of Office 7. Call to Order 1995 City Council • 8. Roll Call 9. Council Report 10. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *a. Proclamation Declaring January 23, 1995, as POW /MIA National Day of Prayer *b. Proclamation Declaring January 16, 1994, as Martin Luther King, Jr. Day *c. Resolution Designating Official Newspaper *d. Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Position • *e. Licenses 11. Open Forum CITY COUNCIL AGENDA -2- Vnuary 9, 1995 12. Public Hearing: a. Consideration of Issuance of a Currency Exchange License to Cash Etc. to Operate at 6818 Humboldt Avenue North, Brooklyn Center 1. Resolution Authorizing Issuance of a Currency Exchange License to Cash Etc. to Operate at 6818 Humboldt Avenue North, Brooklyn Center 13. Planning Commission Item: 14. Council Consideration Items a. Select Presiding Officers - Mayor Pro Tem and Acting Mayor Pro Tern b. Designate Council Liaisons to Commissions C. Mayoral Appointment of Commissioner to the Shingle Creek Watershed and West Mississippi Watershed Commission 15. Adjournment