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HomeMy WebLinkAbout1992 12-28 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 DECEMBER 28,1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:05 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, EDA Coordinator Brad Hoffman, City Attorney John Dean, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES A moment of silence was observed. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Cohen reported he had some information regarding Mr. Noonan who had addressed the Council at the budget hearing on December 10, 1992. Councilmember Cohen suggested he defer his report until after the last discussion item. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. None were made. APPROVAL OF MINUTES DECEMBER 10. 1992 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of December 10, 1992, special session as printed. The motion passed unanimously. 12/28/92 - 1 - DECEMBER 14, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of December 14, 1992, regular session as printed. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses: GASOLINE SERVICE STATION SuperAmerica 6545 West River Road SuperAmerica 1901 - 57th Ave. N. POOL AND BILLIARDS TABLES C D L 1317 North Highway 169 Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. PUBLIC DANCE Larkin Inc. d/b /a Holiday Inn 2200 Freeway Blvd. RENTAL DWELLINGS Initial: Scott Weicht 5301 Dupont Ave. N. Renewal: Walt Halberg 6835 Fremont Place N. Jerry and Karen Fobbe 4811 Lakeview Ave. N. Michael/Rosella/Joseph Korman 5321 Morgan Ave. N. Allan and Vicki Olson 7111 Riverdale Road Edward Sass 5103 Xerxes Ave. N. TAXICAB Blue and White Cab Co. 1304 East Lake Street #545 TOBACCO RELATED PRODUCT Country Store 3600 63rd Ave. N. Duke's Amoco 6501 Humboldt Ave. N. F & M Distributors 5951 Earle Brown Drive Holiday Inn 2200 Freeway Blvd. Snyder Bros., Inc. 1296 Brookdale Center SuperAmerica 6545 West River Road SuperAmerica 1901 - 57th Ave. N. Target 6100 Shingle Ck. Pkwy. 12/28/92 -2- r The motion passed unanimously. MAYORAL APPOINTMENT Mayor Paulson presented Robert Mickelson for appointment to the Planning Commission. Councilmember Cohen stated Mr. Mickelson is a member of the Disabili ty Rights hts Alliance and his knowledge from this committee will be an asset to the Planning Commission on accessibility issues. Councilmember Rosene stated Mr. Mickelson was a bright person from whose abilities the City would very much benefit. He further stated the City does not have many people who champion disability rights and adding him to the Planning Commission would be a big bonus to the City. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the appointment of Robert Mickelson to the Planning Commission. The motion passed unanimously. DISCUSSION ITEMS 1993 PAY PLAN AND 1992 COLLECTIVE BARGAINING AGREEMENTS The City Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1993. He explained staff was recommending a general salary increase of 2.9 percent and an additional $20 per month in the employer health insurance contribution. The City Manager informed Council the City had reached a settlement in the Police Law Enforcement Services Local 82 1993/94 contract and with the Public Works Local 49. Councilmember Rosene asked for an explanation of Item E, Section 21, on page 17 of the 1993 Employee Position and Classification Plan. Item E stated: E. This Agreement may be executed in any number of counterparts. Councilmember Rosene also asked for an explanation of lunch and rest breaks in the Master Labor Agreement Between City of Brooklyn Center and Law Enforcement Labor Services, Local 82. He explained the lunch break does not mention lunch, and the rest break does not mention resting. The City Manager explained the breaks are worded in such a way because the officers are on call during their breaks, meaning they can be interrupted during their breaks. Councilmember Rosene suggested the lunch break definition be changed to state it was a 30- minute break during which the employee may eat a meal, but may be called out on duty. The City Attorney explained Item E could be removed from the contract because this contract does not have to be signed by many parties. Item E is more appropriate to a document that has to be signed by many parties. 12/28/92 -3- LABOR AGREEMENTS - PUBLIC WORKS AND POLICE There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen authorizing acceptance and signature of the 1993/94 contract with LELS Local 82 and the 1993 contract settlement for Local IVOE 49. The motion passed unanimously. Mayor Paulson suggested the City Manager pass along encouragement and share the Council's commitment to the police force for the good job they do throughout the year. SEVERANCE BENEFITS FOR LAID OFF EMPLOYEES The City Manager presented Schedule L of the City of Brooklyn Center 1992 Employee Position and Classification Plan Severance Benefits for Laid Off Employees Program. He explained due to severe budget constraints, the City Council has found it necessary in some budget years to reduce the number of City Employees through layoffs. He further explained to recognize the hardship of such layoffs, the City Council has determined it is in the best interest of the City of Brooklyn Center to offer some severance benefits to certain employees. The City Manager reviewed the provisions of the Severance Benefits for Laid Off Employees Program. Councilmember Pedlar asked about the issue of the employees whose positions have been reduced from full -time to part -time. The City Manager answered it was his understanding the City could not offer benefits on an ongoing basis, such as health, to that employee unless it is offered to all part -time employees. Councilmember Pedlar explained the employee he was referring to had been with the City for 17 years, and some benefits or severance package should be provided. Councilmember Rosene stated the original position was terminated, and the employee must reapply for the part -time position. He explained the current employee, upon being terminated from the original position, would then be eligible for the severance package. Mayor Paulson asked what sick and vacation benefits the laid -off employee would receive. The City Manager explained the employee, after five years of service, would receive one - third of accumulated sick leave, and all accumulated vacation leave. Councilmember Rosene asked how large an impact it would be to include a month's pay in the severance package. The City Manager agreed it is not uncommon to offer an employee one- month's pay in the severance package. Councilmember Cohen asked if Council was asking staff to develop a resolution to provide laid -off employees with one month's pay. The City Manager recommended Council include an additional provision to the Severance Benefits for Laid Off Employees Program. which would provide the equivalent of one month's pay be provided as part of this severance package. 12/28/92 -4- Councilmember Pedlar stated the Council must develop some criteria. He recommended providing an employee with up to ten years of full -time employment with the City with two weeks pay, and an employee with over ten years with one month's pay. He cautioned the Council to be careful in setting a precedent. Councilmember Scott recommended: one week's pay for an employee with five years of service; two weeks' pay for an employee with ten years of service; three weeks' pay for an employee with fifteen years of service; and four weeks' pay for an employee with twenty years of service. She explained this would protect the City against an employee who has been with the City a short period of time. Councilmember Rosene agreed with Councilmember Scott to add item 6 to the provisions of Schedule L Severance Benefits as follows: One week pay to an employee with less than five years of service; two weeks pay to an employee with less than ten years of service; three weeks' pay for an employee with less than fifteen years of service; and four weeks' pay to an employee with over fifteen years of service. Councilmember Rosene explained this compensation would be pay only and would not include fringe benefits. Councilmember Cohen stated the Council did not know what the financial ramifications of this provision would be and recommended this concept be referred to staff and to the Financial Commission. Mayor Paulson asked how this referral would affect Mr. Shallcross and Ms. Larsen. The City Manager suggested the provision could be made retroactive. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar that employees with less than ten years of full -time service with the City of Brooklyn Center will receive an additional two weeks' pay, and employees with ten or more years of full -time service with the City of Brooklyn Center will receive four weeks' pay; and the Financial Commission be requested to review this provision and its ramifications, and the City Council review this provision in six to 12 months. The motion passed unanimously. RESOLUTION NO. 92 -287 Member Dave Rosene introduced the following resolution, with the removal of Item E, Section 21, General Provisions, on page 17 of the 1992 City Manager's Compensation Agreement, Schedule H, and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 12/28/92 - 5 - APPOINTMENT OF DIRECTOR OF COMMUNITY DEVELOPMENT The City Manager presented the Appointment of Director of Community Development. He explained he was recommending the appointment of G. Bradford Hoffman to the position f Director rec r to of Community Development. ment. P RESOLUTION NO. 92 -288 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A DIRECTOR OF COMMUNITY DEVELOPMENT The motion for the adoption of the foregoing was duly seconded by member Dave Rosene, and the motion passed unanimously. JOINT MEETING OF CITY COUNCIL AND ADVISORY COMMISSIONS The Personnel Coordinator presented the discussion item regarding the joint meeting of the City and Council and Advisory Commissions. She explained the Human Rights and Resources Commission was in the process of planning a joint meeting of the City Council and advisory commissions on February 10, 1993. She further explained the following people would be invited to the meeting: commissioners of human rights and resources, park and recreation, planning, housing, finance, drug awareness, and charter commission; Mayor and City Council; communications task force members; and City department heads and City Manager. She stated approximately 75 people would be invited, and that light hors d'oeuvres would be served at a cost not to exceed $500. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve funding for the joint meeting of the City Council and advisory commissions in an amount not to exceed $500. The motion passed unanimously. YOUTH IN GOVERNMENT PROGRAM The Personnel Coordinator presented the discussion item regarding the Youth In Government Program. She explained the City Council had requested the establishment of a youth in government program in which local high school students participate on the City's advisory commissions and the City Council. Councilmember Rosene stated the City of Brooklyn Center encompasses four school districts, and he recommended all four districts be represented in this program. Councilmember Cohen suggested the students be given a name plate and placed at a table instead of sitting in the audience. Councilmember Cohen recommended staff also contact counselors for recommendations of students who are planning to study city government in college. The Personnel Coordinator explained staff was currently discussing this program with the Social Studies Departments and Park Center and Brooklyn Center high schools to enable students to receive credit for their participation. 12/28/92 -6- Mayor Paulson recommended the program include one student from each of the four school districts in Brooklyn Center. He further recommended the schools or teachers recommend the students and suggested the Council provide a type of ceremony to honor each participant. Mayor Paulson also recommended Council or staff be available to speak at the schools if requested by the teachers. Councilmember Rosene recommended contacting student council members, and Mayor Paulson asked staff continue to involve Lexi Hanson. RESOLUTIONS The City Manager introduced a Resolution Amending the 1992 General Fund Budget to Increase Appropriations for Various Operating Departments and Carrying Forward Certain Appropriations to the 1993 Budget. He explained the Children's Recreations experienced an increase in receipts to go along with its increased expenditures. Mayor Paulson asked if there was an increase in fees for legal council. The City Manager answered yes, it appeared the budget would be exceeded by $6,300 due to civil matters. RESOLUTION NO. 92 -289 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1993 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager introduced a Resolution Approving a Supplementary Agreement with the State of Minnesota Department of Health. He explained the resolution before the Council authorizing a supplementary agreement with the State Health Department is necessary to facilitate the transfer of the City's Health Department to Hennepin County. RESOLUTION NO. 92 -290 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A SUPPLEMENTARY AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF HEALTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Councilmember Cohen reported on the information he had regarding Mr. Joseph Noonan who had addressed the Council at the December 10, 1992, budget session. 12/28/92 -7- I He provided Council with a copy of the City Manager's memo dated December 13, 1992 outlining various problems the City has had with Mr. Noonan. He explained Mr. Noonan had authorized his employees to take water from the City hydrants. Councilmember Cohen further explained anyone is accorded the right to come before the Council and make statements, and it was the responsibility of staff or Council members to bring forward information about the person who was making statements. Mayor Paulson stated this was not the opinion of the entire Council. He disagreed with bringing up matters against an individual who had come before the Council. He stated he was against the practice of discrediting a person who had addressed the Council. He explained this would not be a healthy way to conduct public discourse. Councilmember Rosene stated he believed the Councilmembers -elect would like to get going as soon as possible. He recommended a ceremony be held in the Council Chambers as soon after January 1 as possible. He explained the January 11 agenda was already very full and adding the swearing -in ceremony would make it very lengthy. Councilmember -elect Kalligher addressed the Council stating she would be able to come in sometime after the 1st of January to be sworn in at City Hall. Councilmember Rosene agreed if the Councilmembers -elect would prefer to come to City Hall before January 11 to be sworn in, this would be fine. Mayor Paulson recommended public recognition of the new Councilmembers take place on January 11, 1993. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:20 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 12/28/92 -8-