Loading...
HomeMy WebLinkAbout1992 12-28 CCP Regular Session r - CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 28, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. 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. 7. Approval of Minutes: *a. December 10, 1992 - Special Session *b. December 14, 1992 - Regular Session 8. Mayoral Appointment: a. Planning Commission 9. Discussion Items: a. 1993 Pay Plan and 1992 Collective Bargaining Agreements 1. Resolution Setting Wages and Salaries for the Calendar Year 1993 2. Severance Benefits for Laid Off Employees 3. Labor Agreements - Public Works and Police b. Appointment of Director of Community Development C. Joint Meeting of City Council and Advisory Commissions d. Youth in Government Program 10. Resolutions: a. Amending the 1992 General Fund Budget to Increase Appropriations for Various Operating Departments and Carrying Forward Certain Appropriations to the 1993 Budget b. Approving a Supplementary Agreement with the State of Minnesota Department of Health *11. Licenses 12. Adjournment 612 425 2249 1992 1 -12-22 - 12:49 61'2 425 2 2 49 OSSEiO SCHOOLS 010 P02 December 23, 1992 yeti �:1� Mr. Jerry Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Hear Jerry: I enjoyed talking with you yesterday about Minnesota 2000, and want to formally invite you, the City Council, Administration, and other interested citizens to come to our kick -off meeting for District 279 on January 7th at Paris Center High School from 7:00 pm to 9:00 pm.. I have attached a little background information about Minnesota 2000 to this letter, and al%o presented below is the text of a flyer that will go home with elementary students. Thank you for your help. Text o flyer.- Parents and other members of the community in the school district are organizing a local planning group for Minnesota 2000. Minnesota 2000 is a statewide program to help individual communities focus on their educational needs. Minnesota has a tradition. of educational excellence, but given the competitive world in which our children will live and work, our educational system will not he adequate to meet the requirements of our children's future unless changes begin now. This change requires involvement by all of us - it can't be left to educators alone. Fvery community member has a responsibility to improve the learning of student;. A meeting will be held on January 7 at Park Center High School in Brooklyn Park. Everyone in the community interested in helping to improve education is invited and encouraged to attend and participate. The meeting will last from 7:00 pm to 9:00 Pm. Following a kick -off presentation by Joe Nathan, Director of the Initiative for School Reform at the U of M's Humphrey Institute, small groups will discuss the six National Education goals ('detailed below), and develop an action plan to continue the process. For more information, contact Jahn Wright at 783 -2642, or John Herron at 566 -2573. Sincerely, Jan Herron 199, - 1�' 4'1 �,i` c,`q1 0 . = =:EU SCHOOL 0 11) P 03 H Y TION The National Education Goals By the year 2000: 1. All children in America will start school ready to learn. 2. The high school graduation rate will increase to at least 90 percent. 3. American students will leave grades four, eight, and twelve having demonstrated competency in challenging subject matter including English, mathematics, science, history, and geography; and every school its America will ensure that all students learn to use their minds well, so that they may be prepared for responsible citizenship, further learning, and productive employment in our modern economy. 4. U.S. students will be first in the world in science and mathematics achievement. 5. Every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship, 6. Every School in America will be free of drugs and violence and will offer a disciplined environment conducive to learning. AMERICA 2000 Education Strategy Track I For today's students: better and more accountable schools. Tra ck II For tomorrow's students: a new generation of American schools. Track III For the rest of us (yesterday's students /today's work force): a nation of students. Track IV Communities where learning can happen. 612 425 ' 2' 2 - : - :SE 0 SS H 0 J L'S' 010 F04 49 11 1929- 1'` -23 1: C 1� x '2 5 FACT SHEET p FOR YOUR P'4 P %a squ nk4ft Questions and Answers about MINNESOTA 2000 WHAT IS NENNUOTA 2000? MINNESOTA 2000 is a process to help individual communities focus on their own educational needs. Through this statewide program, citizens will have the opportunity to discuss, describe and pose solutions to the challenges which face the education system in their own communities. 110 main focus of MINNESOTA 2000 is to encourage communities to establish their own education goals and strategies for achieving them, WHY MUinSOTA 2000? Given the competitive world in which our children will Eve and work, Minnesota's education system will not be adequate to meet the requirements of our children's future unless changes begin now. Students of the 1990s must know substantially more than their parents did to succeed. But our schools aren't equipped to meet the mounting needs of today's students. A successful prescription for change must include two components: Developing strategies for delivering essential social services to students in cooperation with schools and strengthening both the content and the vigor of the academic program. Minnesota has a tradition of educational excellence, and we are fortunate to have teachers who are among the most qualified and innovative in the nation. But such change re- quires involvement by all of us — it cannot be left to educators alone. Every community member has a responsibility to improve the learning of students. And the driving force for change must come from within every community. WHAT IS THE HISTORY OF MINNESOTA 2000 MINNESOTA 2000 was initiated by Governor Arne Carlson in September 1991. The MINNESOTA 2000 initiative was announced soon after President Bush unveiled AMERICA 2000, his strategy for achieving t:xczUcncc in national education during the next decade. WHAT ARE THE GOALS OF MINNESOTA 2000? Using the goals of President Bush's plan as a foundation, the MINNESOTA 2000 goals have been adopted to reflect our state's unique needs and capabilities. MINNESOTA 2000 encourages participants to consider the following challenges in their community's education system: - School and learning readiness. - High school graduation. - Mastery of academic and complex thin-king skills. Science and math achievement. - Literacy and responsible citizenship. Drug- and violence -free schools. 612' 425 2249- 19 4 2 5 2) 24 9 [I` 'SE C1 H 0 C1 L S' 0 F 15 6 1 FO'A 'Y OUR Page 2 - Questions & Answers about MINNESOTA 2000 : n 11 IS MINNESOTA 2000 A RIGID PLAN THAT ALL COMMUNITIES MUST FOLLOW? No. MINNESOTA 2000 is not a state- dictated education reform program. No single blueprint for education reform fits every school and community in Minnesota. To succeed, MINNESOTA 2000 must be based in local needs and on local initiatives. The MINNESOTA 2000 initiative will be effective only when involved citizens create programs or tailor reform efforts to the needs and circumstances of individual schools and their communities. HOW MANY COMMUNITIES ARE PARTICIPATING IN THE COMMUNITY MEETINGS? To date, 125 communities throughout the state are participating. Other communities will be added throughout the year, WHO WILL PARTICIPATE IN THESE MEETINGS? Anyone and everyone interested in improving education in their community. Additional Community meetings will be planned during the summer. WHAT WILL COMMUNITY MEMBERS DO AT THESE MEETINGS? Each community will discuss how the education opportunities in their community stack up against the national and state education goals. They will then adopt an education goal or goals for the community (which may or may not be one of the national or state goals outlined above), develop an action plan for reaching these goals, and develop a way to measure progress against these goals. WHAT HAPPENS AFTER THE COMMUNITY MEETINGS ARE OVER? Throughout the next two years, communities will be encouraged to develop creative ways to implement the action plans discussed at their local meetings. Late this summer, each community will submit a community action plan to Governor Carlson. The reports will be used to help link communities with similar goals. HOW CAN I FIND OUT MORE? Co ntact Your local community organizer, or the MINNESOTA 2000 Hotline at 612-296-2822, CITY OF BROOKLYN CENTER Council Meeting Date December 28, 1992 Agcnda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF DECEMBER 10, 1992 - SPECIAL SESSION CITY COUNCIL MINUTES OF DECEMBER 14, 1992 - REGULAR SESSION DEPT. APPROVAL- P ot U A;x. W 0..) Patti A. Page, Deputy City Clerk * *W>ri * MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached �) RECOMMENDED CITY COUNCIL ACTION CORRECTION 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 NOVEMBER 23, 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 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES Al Johnson offered the invocation. OPEN FORUM Ulysses Boyd addressed the City Council stating his concern for the upkeep of property in Brooklyn Center especially by absentee owners. He reported there are many homes in need of outside maintenance such as painting and landscaping, and many of these homes are owned by elderly residents. Mr. Boyd suggested the City promote and encourage a paintathon and cleanup in the Spring of 1993. Mayor Paulson thanked Mr. Boyd for his suggestion COUNCIL REPORTS Councilmember Pedlar distributed a brochure to the Council from American Volkssport Association, an organization which promotes physical fitness. Volkssport has requested permission to use Brooklyn Center's trails and walkways for their physical fitness programs. Councilmember Pedlar reported the Park and Recreation Commission had unanimously approved Volkssport's request and is asking Council if they would like to see a presentation by Volkssport. Councilmember Rosene inquired to what extent the City's trails would be impeded by this group. Councilmember Pedlar answered it is a season -long event, without a start or stop time, and the trail -ways will not be closed to the residents at any time. He further explained this is an 11/23/92 - 1 - CORRECTION opportunity for economic benefit to the City because so many people would be coming through the City. Councilmember Rosene stated he had no problem with approving this at the Commission level. I Councilmember Scott asked how the program works. Councilmember Pedlar answered it is organized as an on -going event, not one in which the members participate all at once. Councilmemeber Cohen asked if the Council needs to take any action. Councilmember Pedlar answered he is asking if the Council approves of this type of use of the City's trails and walkways, and does the Council want this type of presentation brought for their review. Councilmember Cohen answered he had no problem approving as long as the rest of the community is not denied use of the trails. Councilmember Pedlar asked the City Manager if he could see any difficulties in granting approval. The City Manager answered no. Councilmember Cohen asked the City Attorney if the City will have any additional liability by endorsing this activity. The City Attorney answered no. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the recommendation by the Park and Recommendation Commission to grant use of the City's trails and walkways to the American Volkssport Association. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff and the Housing Commission to review Mr. Boyd's recommendations and reference to outside maintenance, such as landscaping, and to organize a paintathon in the Spring of 1993. • The motion passed unanimously. Councilmember Rosene reported he had called staff to request preparation of a resolution honoring Dr. Marl Ramsey, and he congratulated staff for having already done so. Councilmember Rosene read the resolution honoring Dr. Marl Ramsey. RESOLUTION NO. 92 -261 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS FOR DR. MARL RAMSEY, SUPERINTENDENT OF OSSEO SCHOOL DISTRICT NO. 279 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. None were made. 11/23/92 -2- CORRECTION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to table Application No. 92001 per the applicant's request until the Brooklyn Boulevard Study is completed. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:05 p.m., and reconvened at 9:18 p.m. RESOLUTIONS (CONTINUED The City Manager presented a Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs. The groups were: Brooklyn Center Community Oriented Policing; Brooklyn Center Charter Commission; Brooklyn Center Rotary Club; Brooklyn Swim Club; Children's World; Evergreen Park School & P.T.O.; Kids on the Move Daycare; Neighbors of Bellvue; Target "Good Neighbors;" Textgron Financial Corporation and Twin Lake Association. RESOLUTION NO. 92 -268 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and the motion passed unanimously. Councilmember Pedlar asked staff to provide a copy of this resolution to the Park and Recreation Commission. Councilmember Rosene stated it was a pleasure to have such groups working in the City and there are also a number of individuals and families involved in this activity. He mentioned Bill Price and his wife have been cleaning up the Mississippi, and he thanked the City Manager for installing a sign with their names. Councilmember Scott reported she met with staff regarding the police canine unit. She stated she had received many calls supporting this program. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to free the funds that were made available in 1992 and put the canine unit back on the street as soon as possible. 11/23/92 Councilmember Rosene explained he is not as enthusiastic as Councilmember Scott because of the substantial amount of time spent with the dog by its trainer, and the difficulty of handling the pay for this time. Councilmember Rosene was also concerned about the times the dog is not available and recommended working with other communities to coordinate the use of dogs. Councilmember Scott stated such a plan is underway for after the first of the year, and she reminded Council the cost of a dog is much less than the cost of a police officer. Councilmember Rosene agreed stating the citizens want more protection, but the budget does not allow for hiring of another officer. Councilmember Pedlar stated Councilmember Scott indicated there are funds for 1992, but asked where the funds will come from in 1993. The City Manager stated the money has been found in the police department budget. He explained the police department had estimated $30,000 for the domestic abuse fund, however with the addition of three other communities to the program, at least $6,000 of that fund will be available. Councilmember Pedlar was concerned about the availability of the dog. He supported this, but would like to stipulate that the funding is required to come from within the police department, and there would be no reduction of staff in the police department as it relates to the funding for 1993. Councilmember Pedlar believed there are philanthropic funds available, such as donations from the Lions Club. He asked data be collected in early 1993 as to the availability of the dog. The City Manager explained the domestic abuse program would not be cut back, the reduction in proposed expenses was because three other communities are joining the program. He stated the Lions Club and others have helped in the past with one -time expenses, but the base program funds should really come from City funds. Councilmember Pedlar stated there is some difference of opinion in the police department about the use of dogs. He suggested Chief Hampton address this topic during his meetings with staff. Councilmember Scott explained the previous problem was because there were no guidelines by which the canine program operated. She further explained Chief Hampton will communicate with the officers the parameters by which the program operates. Councilmember Cohen asked if the funding with other communities will be handled by mutual aid. The City Manager answered it may be handled under the existing aid agreement or by creating a new one. He stated the three or four police chiefs will get together to coordinate the scheduling. The motion passed unanimously. 11/23/92 - 12- 0 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 10, 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, and Philip Cohen. a - ) uncilmember Dave Rosene arrived at 5:25 p,m, Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, EDA Coordinator Brad Hoffman, City Assessor ;Mark Parish and Council Secretary Nancy Berg. CONTINUED PUBLY HEARING The City Manager stated the Brooklyn Center City Council conducted an initial state mandated hearing on November 30, 1992, and at that meeting the City Council adjourned the hearing to December 10, 1992, He explained State Law requires municipalities to adopt their budget and certify their tax .levies at either the initial or the adjourned public hearing date for their annual budget, meaning the Brooklyn Center City Council must adopt its budget and tax Ievies on the evening of December 10, 1992, The City Manager reminded the Council the Financial Commission recommended the City Council cut $75,000 from the proposed 1993 budget, add this $75,000 to the contingency fund and approve the tags levy as proposed. The City Manager explained this is a continuation of the public hearing, and also staff has provided answers to questions that were raised at the first public hearing. The City Manager summarized the answers to questions from the public, 1. Why has the number of full -time employees increased while the population has decreased over the past tcn years. The City Manager explained the City's population decreased from a high of approximately 37.,000 to the current level of approximately 29,000. During this period of time there was a net increase of nine fililtime employees, During this 10 year period 19 new positions were added and 10 c:dsting positions were eliminated. Of the new 12/10/92 _ 1 _ positions added, 13 were in the Police Department, The Police Department was responsible for most of the increased employees, and was a result of the City's commitment to combating crime and drugs. 2. Mr. Perry, 3831 Eckberg Drive, testified that his proposed tax had increased nearly $500 while the value of his home had been reduced by $4,500. The City Manager explained the tax increase was caused by a change in Mr. Perry's homestead classification. 3. Why does the City of Brooklyn Center replace vehicles versus rehabilitating them? The City Manager stated the City currently considers replacing small trucks after five to seven years, and larger trucks after 10 to 3.2 years. The City currently replaces drive train elements in the larger trucks to extend their life beyond the 10 to 12 years. 4. The City Manager answered the questions raised by Ms. Nancy Carlson, 6024 Aldrich Avenue North. a. Ms. Carlson suggested the City Manager is a member of the Brooklyn Center r stated he is not a member of the Association. The 'i Mana s Taxpayers City Manager BCTA. b. The Earle Brown Heritage Center is running in a deficit, The City Manager agreed this is true; however, it has always been projected and a mailer of public record that the Heritage Center would operate in the red for a period of three to five years. At the current growth rate, it is anticipated the Heritage Center will be operating in the black in 1995, C. Why is the Earle Brown Heritage Center hiring another salesperson, and the salaries at the Heritage Center are too high. The City Manager explained the Heritage Center has requested a third salesperson for the simple reason it desperately needs additional help in this area. As to the salaries of the sales people and the others noted at the public hearing, the sales people tend to be at the lower end of the pay scale as opposed to the competition. The City Manager explained the Heritage Center sales people are paid $27,000 to $32,OU0 without commission, and stated that Atrium Catering is currently hiring at $35,000 to $43,000 plus incentives, I Why does the Earle Brown Heritage Center need $54,000 in capital outlay? The City Manager stated the amount is $35,716, and the Center will make a profit from renting this equipment to companies using the facility. 12/10/92 -2- e. The labor expenses run 58 percent and 35 to 40 percent is the norm, The City Manager answered the actual ratio is 51.7 percent, and all business would have to carry a capitalization cost such as a mortgage to their expense side. If such an expense were applied to the Inn, the labor to expense ratio would be around :35 percent. f. The Inn is projected to lose $139,600 in 1993. The City Manager answered yes, it is correct the Inn will experience losses, but the projected amount is $122,904, not $139,600. Ms. Carlson had also questioned why a hostess at the inn would earn $28,100. The City Manager explained this amount reflects an estimate of the part -time hours which might be needed to cover the Inn seven days a week, it is not one person's salary. g. Why spend $30,000 per year on a business retention/job expansion program? The City Manager explained as Brooklyn Center starts to redevelop, it is vitally important to the future of the City that it retain the businesses currently in the City. He further explained the survey was funded with a federal grant (CDBG funds), not property tax dollars, and this constitutes the only activity or program directed at the businesses of Brooklyn Center. h. The City Manager explained the EDA Coordinator position is not new, and under the City's budget, it is proposed to consolidate the EDA with the Planning =d Inspections Department. i. Young families no longer want to move into Brooklyn Center. The City Manager stated in 1992 Brooklyn Center received $2,187,157 in first time home buyer mortgage money. j. The budget is fat, the City is inefficient, poorly managed, and staff is incompetent. The City Manager replied the average homeowner pays slightly more than $20 per month for all the services the City provides. These services include police, tire, parks, community center, street maintenance, snow removal, and many other services. The, City Manager further stated the Financial Commission has reviewed the budget in great detail and has approved it. The City Manager informed Council staff received notification from the League of Minnesota Cities that the City's 1992 December Local Government Aid payment will be approximately $140,000 more than was anticipated. He stated staff has reviewed a number of aptions available to the Council on the use of this money, and it is recommended the Council not fund any ongoing operating cost increases with this one -time windfall in 1993 which will not be. available to fund these programs into 1994. Mayor Paulson opened the meeting for the purpose of a public hearing regarding the proposed 1993 City of Brooklyn Center budget at 7:25 p.m. 12/10/92 -3- Joseph Noonan, explained he had viewed the first public hearing on cable television, and had also reviewed the proposed budget, Mr. Noonan disapproved of the proposed budget, and asked the Council revise the budget to accommodate for the shortfall, rather than increasing taxes. He explained the federal and state governments recently attempted, through a tax increase, to balance their budgets, and it did not work. Mr. Noonan defined the role of government is to learn to live within the City's means. He stated it was a disservice by City Council to continue to buy -off on the psychology that it can pass on the increase because the residents are getting a good deal. Mr. Noonan stated members of the Council had a negative attitude. He mentioned Councilmember Cohen had stated he did not want to micro- bisect the budget to >:uid a decrease, and this is inappropriate. He also mentioned Councilmember Scott had explained personnel constitutes 59,8 percent of the budget and this figure is high because of unions. Mr, Noonan felt the fact the City has union contracts does not prevent the Council from reviewing the salaries. Mr. Noonan stated as a business owner himself, the Council must operate the City like a for- profit business, and each councilmember must be open to change. Mr. Noonan agreed the City should use bench - marking by comparing itself to both for- profit businesses and other cities, He suggested the City become a broker of services. He also suggested the City forego its capital equipment, and look at contracting these services. Mr. Noonan recommended the City discontinue the liquor businesses, sell the golf course, and also sell the Earle Brown Heritage Center. He further recommended the City lease property rather than own, and to aggressively seek competitive bids for all services such as legal, office supplies, insurance, etc. Mr. Noonan strongly recommended the City decrease the size of its staff, and he observed that many of the managers' salaries are too high. He further stated Council must he committed to keeping businesses in Brooklyn Center. Mr. Noonan expressed concern about the attitudes of the City Council toward one another and stated the Council has been unfair to Mayor Paulson. Joe Hall addressed the Council stating he is the Mayor of Osseo, the city with the highest tax increase. Mr. Hall stated city staff is only accountable through the City Council, and thG staff at Osseo did not do its job; they were not levying enough money. Nancy Carlson, 6024 Aldrich Avenue North, explained she had not stated the City Manager was a member of the BTCA. She said she had stated the City Manager way the BTCA's hired gun. Councilmember Cohen asked for an explanation. Ms. Carlson explained this is someone who shoots down creative, imaginative ideas. Ms. Carlson asked how much was borrowed to finance the Earle Brown Heritage Center. The City Manager answered approximately $11 million, which will be paid back in the year 2002. Ms. Carlson asked if there is any money remaining from the $11 million. The City Manager stated no, explaining the City cannot sell bonds for more than the amount of the 12/10/92 - 4- construction project. When a City sells bonds, it must expend the money for that purpose. Ms. Carlson called the Council's attention to a proposed new project entitled COOP NW. She stated this is something the City cannot afford. Ms. Carlson also asked Council to not allow the, conversion of two - bedroom apartments into three - bedroom apartments. Gary 5hallcross addressed the Council asking that his position be modified rather than eliminated. Mr. Shallcross provided Council with a memo outlining the proposed position and stated it is a position he believed the Council will need to create, and he asked the Council to consider him for the position. Fred Capshaw, 6910 Willow Lane, stated the proposed COOP NW program is very exciting to him, He stated the program will provide training for people of color and women to become police officers, at no cost to the City. He further stated he is receiving excellent services from the City of Brooklyn Center, and he believed the staff was doing a very good job of preparing a budget during such difficult times. Mr. Capshaw believed the budget was very conservative, and staff should he complimented. Mr. Capshaw explained he is the chairperson for the Communications Task Force. He explained the Communications Task Force will be joining forces with the Cliwnber of Commerce to prepare a brochure and a video of the services available to the residents of Brooklyn Center. He explained the brochure and video will be prepared at no cost to the residents, and it will be provided to realtors, service clubs, PTAs, school clubs, etc. to promote the City of Brooklyn Center. Mr. Capshaw spoke in favor of the proposed half- time communication position which will promote the City through press releases, major events, attractive logos and slogans. He stated the City must project a positive image. Mr. Capshaw informed Council there will be a meeting in January for the public to provide input for the brochure and video. Don Escher, chairman of the Financial Commission, reviewed the budget process for the Council. Mr. Escher stated the Financial Commission is comfortable with the levy, however, it does not like it. He explained the Financial Commission will be looking in more detail at staffing and capital outlay in 1993. He reiterated the Financial Commission does not like the levy of 8 percent, but it understands it, and the Commission will be doing more to evaluate the City and its services in the next year. Councilmember Pedlar asked the amount proposed for all capital outlay in 1993's budget. The Director of Finance answered $471,493. Councilmember Scott asked if the Brooklyn Center liquor stores were losing money. The Director of Finance answered the liquor stores have never lost money since their beginning in 1959, and average $125,000 to $155,000 in net profits. Councilmcmber Pedlar asked why the funding for the canine unit can now come from funds requested for domestic abuse. The City Manager answered at the time of preparing the 12/10/92 - 5 - L budget, the police department was unaware other cities would be joining and thus decreasing the costs, Councilmember Rosene stated the residents want more police officers, and it was his understanding Chief Hampton was also asking for additional officers. He asked Council to find a way to fund another police officer. Councilmember Pedlar agreed with Councilmember Rosene, however he stated the Police Chief is new and is looking at a reorganization of the police department. Councilmember Pedlar suggested Council delay recommending the addition of another police officer until adequate data can be reviewed and evaluated. Mayor Paulson asked the City Manager to share Chief Hampton's memo requesting additional police officers. The City Manager agreed to provide Council with a copy, imid lie explained Chief Hampton will be reconsidering his request as some of the figures he was looking at misrepresented response time to emergency calls. Councilmember Rosene stated he would like the Council to show support for the new Police Chief, Councilmember Pedlar stated the new Police Chief will need to collect adequate data to justify additional police officers. Councilmember Pedlar further stated each department head must be accountable for their department. Mayor Paulson expressed frustration with the fact the residents want more protection, the Council wants more protection, and the Police Chief wants more protection, then why doesn't it happen. Mayor Paulson asked that all data supporting additional officers be provided to Council. Councilmember Pedlar asked if the Police Chief has data supporting his request, and if so, was the information being repressed. The City Manager answered no, he did not belicvc it had heen. The City Manager explained it is his responsibility to bring the Council a budget, and he was not recommending a change at this time because he believed some of the data provided was flawed, Councilmember Rosene stated the Council must show it is listening to the public, and the Council must provide a financially responsible budget. Councilmember Cohen agreed with Councilmember Rosene, however Council cannot give everyone what they want, the City cannot afford it. Councilmember Cohen stated it comes down to leadership by the Council. The Police Chief has only been with the City for 60 days, and the Council must wait until the Chief has had time to fully evaluate the figures and to speak with all of the officers. He further stated the goal should be more in the area of crime prevention; keeping the people who commit crimes off the streets. Councilmember Cohen suggested expanding the - neighborhood crime watch programs. He further agreed the COOP NW was a good example of cities coming together to provide better services, and the multi- community approach was the answer as cities cannot continue to provide everything on their own. 12/10/92 -6- Councilmember Cohen asked the City Manager to review the request with the Police Chief and provide Council with a final analysis, Councilmember Scott stated she had spoken with the Police Chief and she understood he was looking at a major reorganization. She stated he has not had time to sit down with all the people in his department, and he was not looking at requesting additional officers in 1993, he was looking into the future. Councilmember Scott agreed Crime Watch is growing and working, and the Police Department is looking at putting an article in the paper every week about crime prevention, Councilmember Scott stated the Police Department must be educated to deal with the ethnic changes in the community. Councilmember Scott also stated she had reviewed the bench - marking process, and believed it to be valuable, but cautioned the City to be careful in its comparisons. She urged staff to continue to look at contracting out services but only if it is good service, and to continue to look at joint powers. Councilmember Rosene reminded Council the City Manager recommended eliminating the water tanker ($77,750) and placing that amount in the Contingency Fund as recommended by the Financial Commission. Councilmember Rosene asked, on behalf of the Human Rights and Resources Commission, that an additional $2,750 be reserved to assist the funding of the February mccting of the Human Rights &c Resources Commission with all commissions. Councilmember Rosene also asked that funds be provided to assist qualified residents to participate on commissions by providing them with child care and possibly a Simple dinner. Councilmember Rosene explained it is the wish of the Human Rights and Resources Commission that all residents be given an opportunity to serve on commissions and the lack of funds to obtain child care or a meal should not prevent them from participating. Councilmember Pedlar asked where the City is projected to be at the end of 1992 as far as the operating budget is concerned. The Uirector of Finance answered it is projected the City will fall within $100,000 positive, which will go back into the general fund balance. Councilmember Cohen stated the Human Rights and Resources Commission should look into the legalities of providing meals and child care, and also the administration of such services to target those it wishes to attract. Councilmember Cohen explained the City had tried to sell the Earle Brown buildings, and had put them on the register of National Historic Sites. He further stated the decision to move forward with the Earle Brown Heritage Center was a public decision to give the City an identity, Councilmember Scott agreed with the capital expenditures for the Earle Brown Heritage Center stating this is a money - making avenue for the Center. Councilmember Scott thanked all the residents who came forward to address the Council and give their suggestions and opinions. 12/10/92 - 7 - Councilmember Pedlar stressed the City must begin to operate like a business. He stated staff is doing a good job, but staff must always be reevaluating and looking for better ways to manage the City. However, he was very distressed by the proposed elimination of one fulltime position and the cutting of one position from fulltime to parttime. Councilmember Pedlar reminded Council he is very concerned about the high number of management positions, He disagreed with the elimination of the planning position and expressed concern with the high amount of management in the Public Works Department. Councilmember Pedlar recommended the communication position funds be moved into unallocated funds until approval by the new council next year. Councilmember Rosene inquired what the cost of funding the two Planning Department positions would be; why the additional $140,000 of Local Government Aid received in 1992 was not used to continue the two positions; and whether the Director of Finance believed that there would be substantial reductions in Local Government Aid for 1993. The Director of Finance responded that it would cost approximately $67,000, or approximately one -half of the $140,000, to continue the two Planning Department positions. He also responded that the $140,000 in additional Local Government Aid was not used to continue the positions because the League of Minnesota Cities had recommended that cities not spend the additional funds for any ongoing operating costs. He also responded that he believed that it was very likely that their would be substantial reductions in 1993 Local Government Aid, The City Manager explained when expenses are to be reduced, this means a cut in personnel. Councilmember Pedlar reiterated his concern uvcr too ina.ny managers. He suggested the workers be empowered -- given more responsibilities on their own without constant supervision. Mayor Paulson stated the Council must look at removing mid -level management. He further min - Y Stated he dad not want people Currently employed to be eli Hc. su �g ested cuts shou be made when the opportunities arise through retirements, resignations, etc. Councilmember Pedlar stated he did not want to make these upper management cuts now, he was looking to makc them in the 1994 budget. He disagreed strongly with the elimination of the Shallcross P osition. Councilmember Pedlar stated it seemed staff had found funds to provide a canine unit, and has now decided not to install the water tanker, are there other areas the budget could be cut. The City Manager explained Council had requested further cuts, and he was recommending the elimination of the water tanker because it was the last capital outlay recommendation. Councilmember Pedlar stated his comments were not to criticize staff -= staff has done a very good job. The City Manager stated Council must make a judgment about these choices, and he did not recommend the canine unit nor the $75,000 contingency fund. The City Manager Stated the only way to make further reductions, was to eliminate personnel. 12/10/92 -8. Councilmember Cohen stated he had very deep feelings for the personnel involved. He stated he accepted the recommendations of the City Manager and if the Council agrees to the reorganization, he requested a resolution be prepared setting forth the history and reasoning for the reorganization of the department, and also a resolution as requested by the League of Minnesota Cities stating the disposition of the $140,000 LGA aid. Donn Escher, chairman of the Financial Commission presented the history and procedures followed by the Financial Commission in determining its recommendation. The CAjimnission feels strongly that any additions to the budget by the Council be offset by decreases. He also stated the Commission supports the concept of the reorganization. Councilmember Pedlar asked if the Financial Commission will be addressing the levels of management. Bonn Escher answered yes, in 1993. Mayor Paulson stated the work of the Financial Commission has been good, and agreed the Commission must take a look at the levels of management. Gary Shalleross clarified he is not proposing to retain his current position, but he was asking to be considered for employment with the EDA. The City Manager used an overhead slide to show the Council the department reorganization. Councilmember Cohen asked how the City ewsletter is distributed. The City Manager ty tY g answered it was handled by the Swim Club, 6 times a year, at a cost of $1000 each true. Councilmember Cohen asked the Park and Recreation Commission look at other clubs who might be interested and put it out for bids. RESOLUTIONS The City Manager presented a Resolution to Adopt the 1993 Proposed Budget. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to revise the Resolution to Adopt the 1993 Proposed Budget to show $77,500 be taken from the Park budget because of the elimination of the water tanker, $75,000 be added to the contingency Fund,$2,500 he added to the Council's Professional Services account, and $140,000 LGA aid remain in the Fund Balance. The motion passed unanimously. RESOLUTION NO. 92 -269 Member Dave ROScnc introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1993 PROPOSED BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. 12/10/92 -9- Mayor Paulson stated there had been a lot of good discussion, and based upon those comments at the hearings, he would like to see changes in the budget. Mayor Paulson stated he would be voting against the budget and the levies. Councilmember Pedlar stated staff had done a very good job, however he did not like to support the elimination of positions, He. stated he had mixed emotions on this buduct, but Council must move forward. He further stated he would reluctantly support the budget. Councilmember Pedlar made a friendly amendment to the motion that the funds for the communication position be moved to unallocated funds to allow for review of this position by the new council. Mayor Paulson stated the communication position had been scrutinized by the Council, the staff, the newspaper, and just about everyone. He felt after all the examination of the position, it .bad become a very good position, and he wanted it to become a dynamic sparkplug for the community, Councilmember Pedlar stated the councilmembers -elect also have an opinion on this position and they should be given the opportunity to review. Councilmember Pedlar stated he would not be able to vote for this resolution without this amendment. Mayor Paulson reminded Councilmember Pedlar he is in favor of the marketing position for the Earle Brown Heritage Center, and this position is every bit as important. Councilmember Scott reminded Council a budget must be adopted tonight. Mayor Paulson stated he was not voting against the budget because of one particular item, it was the overall budget. Councilmember Scott reiterated a budget must be adopted tonight, and Council can make cuts anytime. Councilmember Cohen stated he had no problem with placing the funds for the communication position in unallocated funds. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to amend the resolution to include that the one -half time communication position funds be moved to the unallocated funds and be addressed by the new Council following instatement in January, 1993. Councilmember Cohen stated the new Council should take a look at this position and whether it could be handled by a current staff member. 12/10/92 There was a motion by Mayor Paulson and seconded by Councilmember Rosene to add to the amendment that the funds for the Earle Brown Heritage Center position be moved to unallocated funds and be, addressed by the new Council following instatement in January, 1993, Councilmember Cohen withdrew his second to the amendment. The motion failed due to a lack of a second. The motion passed. Mayor Paulson and Councilmember Pedlar voted against the motion. The City Manager presented a resolution to authorize a final tax levy for 1993 budget appropriations. RESOLUTION NO 92 -270 Meujber Celia Scott intrudmxd the following rvziulutivn and mvGd its dduptiun; RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1993 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed: three ayes, two nays. Mayor Paulson and Councilmember Pedlar voted against the motion. The City Manager presented a resolution to cancel part of a tax levy previously certified for the redemption of the $700,000 certificates of indebtedness sold in 1991, . RESOLUTION NO. 92 -271 Member Celia Scott introduced the following resolution and movcd its adoption; RESOLUTION TO CANCEL PART OF A TAX LEVY PREVIOUSLY CERTIFIED FOR THE REDEMPTION OF THE $700,000 CERTIFICATES Oki INlaEKI'EDNESS SOLD IN 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution Approving a Final Tax Capacity Levy for the Purpose of Defraying the 0).St of Operation, Providing Informational Service, and Relocation Assistance Pursuant to the Provisions of MSA 469.001 through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1993. RESOLUTION-N-0, 22 -272 Mcjabcr Philip Cohen introduced the following resolution and moved its adoption: 12/10/92 - 11 - RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rk - iSe,ne , , and the motion passed unanimously, Councilmember Cohen stated as the Council moves on, he believed the City will be sharing more services with other cities and the County. 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 11:10 p.m. Deputy City CIerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Bcrg Northern Counties Secretarial Services 12/10/92 .12. 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 14, 1992 CITY HALL CALL TQ ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 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 Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, 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 two requests to use the open forum session this evening. Ulyssess Boyd addressed the Council stating he had two suggestions. Mr. Boyd suggested the Council require or request the MTC to install shelters at all bus stops and to post bus schedules at all shelters. He stated this was very important because it would enhance the image of Brooklyn Center, and it would increase participation on public transportation. Mr. BoyXs second suggestion was to extend an invitation to junior and senior high students to observe City Council meetings in order to learn how city government works. Mr. Boyd explained he had learned the school had randomly asked students who their mayor and representative were and 60 percent did not know. Mr. Boyd wanted the young people in the community to learn about their government. Mr. Boyd spoke with an official at the school and was told this could be accomplished, and students could be given the opportunity to write a paper about their experience for extra credit. Mr. Boyd reminded Council one of these students might some day sit in the Oval Office. 12/14/92 - 1 - Mayor Paulson agreed with Mr. Boyd and stated he had been working with an intern from g g Y Y the high school to develop a program for seniors to become nonvoting members of the City Council. Mayor Paulson asked staff to contact the intern to follow -up on this program. The Personnel Coordinator stated the intern is Lesley Hanson, and she has been out of the country and only just recently returned. The Personnel Coordinator informed Council she has been working with Ms. Hanson and expects a program to be in place sometime after the first of the year. Mayor Paulson asked staff to follow -up with Ms. Hanson or someone else at the school district in order to ensure the development of this program. Mayor Paulson asked Mr. Boyd to go before the MTC and repeat his suggestion because Council and staff have also requested shelters and signage. The City Manager informed Council a list of suggested shelter locations had been provided to the MTC. Gary Shallcross addressed the Council about the severance benefits that were discussed on December 10, 1992, at the Council meeting when the 1993 budget was aduptcd. He reminded Council that Mr. Escher referred to a displacement program and perhaps some other benefits to assist those whose positions were being eliminated from the City payroll. Mr. Shallcross stated after speaking to the City Manager and the City Attorney he was told the City Council cannot create a benefit outside of its contract or at least outside of the budget. Mr. Shallcross stated there seemed to be a misunderstanding as to what the Council meant when it adopted the budget. He stated it was his understanding and Mr. Escher's understanding this benefit would be provided. Mr. Shallcross believed it was with this compassionate approach the Council approved the budget. The City Manager explained staff was planning to provide Council with a severance proposal at the last Council meeting in December, and staff was also looking for any contractual arrangements that might be available. Couneilmember Pedlar agreed displacement services had been discussed. The City Manager explained the Financial Commission had recommended a placement service, and staff was requesting bids for this service. He informed Council State Law authorizes the City Council to establish a Severance package as part of what it does for an employee. The City Manager stated it was staff intention to create a policy which is specific and ongoing. The City Manager will provide a proposal to the City Attorney and to Council by December 28, 1992. Mayor Paulson asked if the severance package will be retroactive. The City Manager answered no, but it will still apply to Mr. Shallcross. Mr. Shallcross stated he was not just speaking for himself, but for all employees who may be in the same situation. Councilmember Cohen asked staff provide Mr. Shallcross a draft copy of the proposal before Mr, Shallcross goes out of town. 12/14/92 -2- Paul Benson, 5517 Pearson Drive, and Paul Lynch, addressed the Council stating Mr. Benson had purchased his home from Mr. Lynch, and the property has an easement encroachment due to a utility drainage easement by the City. Mr. Benson stated the problem was discovered about six months ago when he tried to refinance his home, and the finance company will not okay his mortgage because of this encumbrance. Mr. Benson explained a building permit was issued by the City in 1978 to Mr. Lynch to build the garage which is over an easement. Councilmember Scott asked if the City and Mr. Benson could draft a letter of agreement stating if there is a problem, the City would be able to access the easement. The City Manager explained this was a complicated issue as the permit was issued without the City's knowledge of the easement. The City Manager further explained the finance company will not accept a letter of agreement between the City and the homeowner. Councilmember Cohen asked staff to do everything possible to work out this problem for Mr. Benson. Councilmember Cohen suggested the City Attorney contact the finance company to see what could be done to solve this problem. He asked staff and the City Attorney to explore all possibilities to solve this matter. The City Attorney agreed to pursue this matter, and stated this was not a title problem, it is a physical problem of a garage being built over a drainage pipe. Mr. Benson explained it was a question of assumption of liability, and he asked the City amend the easement allowing the garage, and then it would be the responsibility of the City to fix the garage if it had to get into the drainage easement. Councilmember Rosene agreed fixing the garage would not be too high a price to pay if it was the City's mistake by losing this easement on the plat. Councilmember Pcdlar asked if the easement of record had been lost by the City. The City Attorney answered in general cities do not keep as complete records as does the county, and in this case the record was probably not readily available when the building permit was issued. The City Attorney further explained by issuing a permit, the City does not guarantee the owner the legal entitlement to build, Councilmember Pedlar asked if the City and the homeowner could each accept a partial risk. The City Attorney answered the finance company would be reluctant to accept this because, in the event of a foreclosure, the finance company would then be accepting partial risk. Councilmember Cohen again asked the City Attorney to contact the finance company and work with both Mr. Benson and the finance company to resolve this matter. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to directing the City Attorney to work with the finance company and Mr. Benson to explore all possible solutions to this encumbrance, and directing staff to put this matter on the 12/14/92 -3- December 28, 1992, City Council agenda as a formal resolution. Councilmember Pedlar urged the City Attorney and staff to seek all alternatives available to resolve this problem. Councilmember Rosene asked Mr. Benson if he would be willing to accept the risk while he holds the mortgage if the City accepts the risk in the event of a default. Mr. Benson answered yes. The motion passed unanimously. COUNCIL REROORTS Thera were no council reports. _APPROVAL OF AGENDA AND CONSENT AGE DA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmembers Cohen and Rosene requested item 7b be removed. APPROVAL OF MINUTES NOVEMBER 16 1992 - BUDGET WORK SESSION There was a motion by Councilmember Rosene and scc:ondcd by Councilmember Cohen to approve the minutes of November 16, 1992, budget work session as printed. The motion passed unanimously. NOVEMBER 30, 1992 - SPECIAL SESSION There was a motion by Councilmember Roscnc and seconded by Councilmember Cohen to approve the minutes of November 30, 1992, special session as printed. The motion passed unanimously, RESOLUTIONS RESOLUTION NO. 92 -273 Member Davc Rosenc introduced the following resolution and moved its adoption: RESOLUTION APPOINTING CITY OF BROOKLYN CENTER EMERGENCY MANAGEMENT COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION No. 92 -27 Member Davc Roscnc introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PC.JBLIC SERVICE OF BARBARA JENSEN 12/14/92 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 2� -275 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION Al JTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO? A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN - ANOKA SUBURBAN DRUG TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 91-276 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TE RMINATINGCONTRACTFORPROFESSIONALSERVICESWITH LEGEND TECHNICAL SERVICES AND APPROVING A NEW CONTRACT WITH ENVIRONMENTAL PROCESS INC. FOR PHASE II PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1992 -14, AIR QUALITY STUDY FOR CIVIC CENTER AND CITY GARA.OE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. BE SOLUTION NO, 92-277 Member Davc Rosenc introduced the following resolution and moved its adoption: RES01..J JTION EXPRESSING SUPPORT FOR FINANCING PROPOSAL F RO M THE OWNER OF NORTH LYN APARTMENTS TO THE FEDERAL NATIONAL MORTGAGE ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. PERFORMANCE BOND RELEAS There was a motion by Councilwcmber Rosene and seconded by Cnuncilmember Cohen to approve the following list of performance bond releases: Maranatha Place Investors Savings Bank 12/14/92 - - i PERFFQRMANCE BQND RED= ION There was a motion by Councilmembcr Roscne and seconded by Councilmember Cohen to approve the following performance bond reduction: New Horizon Day Care LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the following list of licenses: BOUNCING ALLEY Earle Brown Bowl 6440 James Circle Cpl ERCIAL FENNEL_ Brooklyn Pet Hospital 4902 France Ave. N. GASOLINE SERVICE STA110N Holiday #504 6849 Brooklyn Blvd- ME NICAL SYST Quality Air, Inc. 7907 5th Street NE NONPERISHABLE VENDING MACHINES Service America Corporation 7490 Central Ave. NE U.S. Post Office 6848 Lee Ave. N. PERISHABLE V NDING M CHINES Service America Corporation 7490 Central Ave. NF. U.S. Post Office 6848 Lee Ave. N. PUBLIC DANCE Days Inn 1501 Freeway Blvd. Earle Brawn Bowl 6440 James Circle _RENTAL D ELLING5 Initial: Craig Seherber 907 - 57th Ave. N. Diane Barnes 1342 67th Lane N. Renewal: Lenny Mazurek 4200 Lakebreeze Ave. Mrs. Delbert P. Bruce 4741 Twin Lake Ave. 12/14/92 -6- TA XICAB AB Blue & White, #555 415 - 5th Ave. SE TOBACCO RELATED PRO TJQTS Applebee's 1347 Brookdale Center Brookdale Unocal 76 5710 Xerxes Ave, N. Brooklyn Center Municipal Liquor #1 1500 - 69th Ave. N. Brooklyn Center Municipal Liquor #2 6450 Brooklyn Blvd. Brooklyn Center Municipal Liquor #3 1966 - 57th Ave. N. Brooklyn Center Service 76 6245 Brooklyn Blvd. Brooks Food Market 6$04 Humboldt Ave. N. Duuos Bros. American Legion Post 630 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle Holiday #504 6849 Brooklyn Blvd. NOVEMBER 23, 1992 - REGULAR SESSION CouncilmernbCT C',nhen asked that the motion on Page 2, be changed to read: There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff and the Housing Commission to review Mr. Boyd's recommendations and reference to outside maintenance, such as landscaping, and to organize a paintathon in the Spring of 1993. The motion passed unanimously. Councilmember Rosene asked Council Reports be changed to reflect it was Councilmember Pedlar not Councilmember Rosene reporting on the Park and Recreation Commission. The first paragraph of Council Reports will read: Councilmember Pedlar distributed a brochure to the Council from American Volkssport Association, an organization which promotes physical fitness. Volkssport has requested permission to use Brooklyn Center's trails and walkways for their physical fitness programs, Councilmember Pedlar reported the Park and Recreation Commission had unanimously approved Volkssport's request and is asking Council if they would like to see a presentation by Volkssport. Councilmember Rosene asked the 8th paragraph on page 11 be changed to state he thanked, riot he asked. The paragraph will read: Councilmember Rosene stated it was a pleasure to have such groups working in the City and there are also a number of individuals and families involved in this activity. He mentioned Bill Price and his wife have been cleaning up the Mississippi, and he thanked the City Manager for installing a sign with their names. 12/14/92 -7- There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to approve the minutes of November 23, 1992, regular session as amended. The motion passed unanimously, PLANNING COMMISSION ITEM The City Manager presented Pluni>uig Commission Application No. 92015 submitted by Brookdale Office Park Partnership on behalf of Cardinal Stritch College is a request for spacial use permit approval to operate an educational use in the five story office building at 3300 County Road 10. The Director of Planning and Inspection explained the property is zoned CIA (Service /Office), therefore, a special use permit is required because educational uses arc considered special uses in CIA zoning districts. He stated the application was considered by the Planning Commission at its November 19, 1992, meeting, and was recommended for approval. Councilmember Cohen clarified the applicants will have to seek the sewer availability charge determination from the Metropolitan Waste Control Commission. Councilmember Rosene asked what percentage of the fourth floor the college will occupy. The Director of Planning and Inspection answered about 25 percent. Councilmember Rosene stated he was familiar with Cardinal Stritch College and its fine reputation. He agreed the addition of Cardinal Stritch College would be a definite plus for the community. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve Planning Commission Application No. 97015 submitted by Brookdale Office Park Partnership subject to the following conditions: 1. The special use permit is issued to the applicant on behalf of Cardinal Stritch College to operate a night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall occupy 2,316 sq. ft. of rentable space on the fourth floor as indicated in the applicant's submittal. Any alteration or expansion of the School use within the office building shall require an amendment to this special use permit. 2. The applicant shall receive a sewer availability charge determination from the MWCC and a certificate of occupancy from the Building Official prior to December 31, 1992. 3. Classes shall be held between 6 p.m. and 10 p.m. weekdays and on weekends. No weekday daytime classes are acknowledged by this special use permit. 4. The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. 12/14/92 - 8 - i The motion passed unanimously. DISCUSSION ITEM D_ET MINAT N OF PLI E TO NIN E LA N BY DCO PRRFIN_ IShUtJG, 68(K) SHI CREEK PARKWAY REQARDINQ QQ0RQLJS EMISSIONS The City Manager presented the dctcrminatioTi of compliance to zoning regulation by Wooden Prefinishing, 6800 Shingle Creek Parkway, Regarding Odorous Emissions. The City Manager apologized to the neighbors of Woodco Prefinishing for the delay in handling their complaints. He explained there was confusion between the City and the Pollution Control Agency (PCA), Councilmember Rosene stated in the Ordinance it reads before making a determination, the Council shall personally observe any alleged noncompliance, and determination shall be by an independent testing organization satisfactory to all parties concerned. He asked if a staff member was sent to the site and detected odorous emissions, would this be adequate to make a determination of noncompliance. The City Manager answered this is usually done by an independent testing organization. Councilmember Rosene stated Council may need to rewrite the ordinance, as it is unnecessary to hire an independent testing organization. There was a motion by Councilmember Rosene and seconded by Councilmember Scott that reconsideration of the Compliance Ordinance be put on the December 28, 1992, City Council agenda. The City Attorney explained according to the Ordinance, the City Council would have to personally smell the odor, by convening at the site, and make a determinution. He, explained staff is proposing to handle these situations before they come to the Council. Councilmember Paulson asked if Council could take the word of the neighbors. The City Manager answered yes, under the Nuisance ordinance the Council could hold a public hearing, and if the nuisance effects the enjoyment of adjacent properties, Council could then take action. He further explained it could be handled as a misdemeanor complaint, and the adjacent landowners could simply testify in Court. Clay Larson, the Building Official, explained once Woodco receives its PCA permit, the PCA becomes the enforcer on odor problems. Councilmember Cohen tabled action on the motion until after the public hearing on this matter, 4 2 -9- 12/1 /9 Mayor Paulson opened the meeting for the purpose of a public hearing on Determination of Compliance to Zoning Regulation by Woodco Prefinishing, 6800 Shingle Creek Parkway, Regarding Odorous Emissions at 8:10 p.m. He inquired if there was anyone present who wished to address the Council Gloria Finneman, 6907 Logan Avenue North, informed Council the odor from Woodco during the day is very noticeable, and her husband must wear a mask to mow the lawn. Ms. Finneman reminded Council of the language in the Ordinance: None of the uses shall at any time cause the discharges of toxic, noxious or odorous matters in such concentrations as to be detectable beyond the limits of the immediate site. Ms. Finneman stated she and her husband cannot be outside during the weekdays, and often on Saturdays, because of the odor. Councilmember Rosene stated the odor goes beyond the immediate neighborhood. He stated he lives seven blocks from Woodco, and he has at times also detected the odor. Councilmember Rosene expressed concern the odor could be toxic or harmful. Rick and Denise Wood, owners of Woodco Prefinishing, informed Council the business had been moved to Brooklyn Center ten months ago. Mr. Wood stated he was informed of the odor problem this past Summer, and he has been working to correct the problem ever since. 0 He explained his business uses lacquer -based products, which is the main contributor to the odor, and he is currently testing water -based products. He explained the water -based products are new and still in the test - market stage. Mr. Wood assured Council once a water -based product is produced which meets his needs, he will switch totally to water -based products. Mr. Wood further explained he raised the stacks from five feet to 20 feet, and was currently working with the heating and ducting company to install new filter holders. He stated Woodco had previously used a styro pad filter, and the company will be switching to paper filters, Mr. Wood explained the heating and ducting company had recommended the installation of two paper filter holders, but he is installing three. Mr. Wood also explained there is a 3 -M odor monitor that can be clipped onto a person's belt and was USHA approved, which the person wears and 3 -M evaluates the level and odor the person has come into contact with. Mr. Wood also stated Woodco Prefinishing has PCA and EPA identification numbers, Councilmember Pedlar asked Mr. Wood who would pay the expense of the monitors if used. Mr. Wood answered he would. Councilmember Pedlar asked Mr. Wood if he understood staff's recommendations. Mr. Wood answered yes. Councilmember Pedlar stated it had been a number of months since Mr. Wood was notified of the odor, and this matter should have been resolved by now. Councilmember Pedlar stated the Council must protect the citizens. 12/14/92 - 10- Mr. Wood stated this matter was first brought to his attention six months ago, and it takes a long time to develop the water -based product and test it. Councilmember Rosene asked Mr. Wood why he had not been using a water -based product before. Mr. Wood explained the water -based product was just now being developed, at his request, by the vendor. Mr. Wood further explained he will be using the rest of the lacquer - rased product this week and will then be switching to the water -based product. Councilmember Rosene asked Mr. Wood why he didn't just start using the water -based product now, Mr. Wood answered because it is expensive, and he was unable to sell it to anyone else as it was a special product and color for his company. Councilmember Scott asked the Woods why they have not applied for the PCA permit yet. Mrs. Wood explained she has been with Woodco Prefinishing since September, and she has been trying to fill out the application but does need some assistance. Mrs. Wood agreed to contact the PCA for assistance with the application. Councilmember Rosene stated he was concerned about the compliance language in the ordinance, and asked if Council would be able to order Woodco to cease operation using this ordinance, Clay Larson explained under the ordinance, the initial determination of noncompliance to the zoning ordinance and how to deal with it can be accomplished by staff. He further explained once a PCA permit is obtained, the PCA will take over. In the case of Woodco, Mr. Larson stated there was a misunderstanding on the part of staff that the PCA was handling the complaints, However, the PCA does not become involved until Woodco obtains its PCA permit. Councilmember Scott asked Mr. Larson to contact the PCA to obtain assistance for Mrs. Wood in filling out the application, and to also find out how long it will take to obtain the permit once it has been applied for. Councilmember Scott asked Mr. Larson to call right away and get this matter expedited, RECESS The Brooklyn Center City Council recessed at 8:35 p,m. Mayor Paulson informed Council, staff and the audience that Mr, Wood had samples of the styro and paper filters, and of the lacquer and water -based products for their review during recess. The Brooklyn Center City Council reconvened at 8 ;54 p.m. Councilmember Rosene stated Mr. Larson had mentioned to him the Woods have been very cooperative in working with City staff and answering questions of Council. Councihneiaber Rosene commended Mr. Wood for his cooperation, and also for offering to pay for the monitors if needed; however, it is imperative of Council to make an initial finding of non - compliance, and to instruct staff to follow -up on their recommendations, Councilmcmber Rosene also suggested a change of enforcement in the ordinance language. 1 - 12/ 4/92 11 Councilmember Cohen asked Mrs. Wood if the PCA application is very complicated. Mrs. Wood answered yes, it is . Councilmember Cohen suggested she contact the Small Bus Administration Service Corps. He explained this was a group of retired administrators who might be able to assist her without charge. Councilmember Pedlar stated he was concerned about hazardous emission, although he did not know if the product was toxic, He also asked Mr. Larson to contact the PCA to s ec how long it will take the Woods to obtain the permit. Councilmember Pedlar expressed concern aver the delays and wanted this matter resolved quickly. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve staff recommendations and direct staff to work directly with `'Vuudco and hold in abeyance any cease orders until March 1, 1993, and direct Mr. Wood to develop a work plan and progress report to remedy and eliminate the odor problem, and direct Mr. Wood to obtain the PCA permit prior to March 1, 1993. Ambros Finneman, 6907 Logan Avenue North, stated when Woodco was testing the water - based product there was no odor. Orville Harris Jr., 1820 69th Avenue North, contested the Council's delay of action as unnecessary. He explained the odor problem was not just a problem for the surro unding neighborhood, but for all of Brooklyn Center. He stated people using Palmer Trails notice the odor and it is embarrassing. Councilmember Cohen clarified the motion will require this matter to be resolved by March 1, 1993. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to make an initial determination of noncompliance by Woodco Prefinishing, and direct staff to recommend changes and enforcement to the ordinance language. Councilmember Pedlar also asked the ordinance clarify noxious odors. The motion passed unanimously. Councilmember Scott encouraged the residents to take the opportunity to review the samples provided by Mr. Wood as there was a definite difference between the products. STAT REPORT, REGARDING WATER MANAGEMENT STUDY The City Manager presented the status report regarding water management plan. He explained on-January 27, 1992, the City initiated development of a Water Management Plan as required to comply with state mandates and to provide a blueprint for future 12/14/92 -12- improvements to the City's storm drainage system. He further explained one priority issue which is being addressed under Phase I of this study is the 63rd /65th Avenue storm drainage system, with emphasis on resolving periodic flooding problems west of Brooklyn Boulevard. The Director of Public Works stated the members of the Water Management Task Force and City staff met with the Park and Recreation Commission on October 14 and again on November 17 to discuss the possible use of portions of Orchard Lane Park and Marlin Park for storm water ponding. He explained after consideration of this matter the Park and Recreation Commission recommended: The possible construction of storm water ponds in these parks be discussed with residents at neighborhood information meetings. Along with the consideration of storm water ponds, consideration should also be given to functional short and long -term needs at each park for park and recreational purposes. The Park and Recreation Commission is willing to consider approval of the development of storm water ponds in these parks if it can be shown the park and recreational needs are met. The Director of Public Works continued to explain the preliminary report regarding the 63rd /65th Avenue system indicated a need for three storm water ponds, one in Orchard Lane Park, one in Marlin Park and one in the SW quadrant of the 1694 /13rooklyn Boulevard interchange. Conferences have been held with MNDOT and the MTC, the Water Management Task Force, and the Park and Recreation Commission. Agreement had been reached with MNDOT that they will not need to participate in developments in the southwest quadrant of the 1694/Brooklyn Boulevard interchange. The Director of Public Works recommended an agreement between WC and the City be executed to develop a preliminary plan for development of a Park and Ride facility and a storm water pond, splitting the costs for this study on a 50150 basis. MTC and City staff also recommend the consulting firm of Strgar Roscoe Fausch Inc. (SRF) be selected to do the recommended study at a total cost of $31,500. He further stated the 4.1 acre vacant parcel in this area is currently being actively marketed, and staff recommends the City hire an independent appraiser, Peter J. Patchin, of Peter J. Patchin Assoc. to appraise the value of this parcel. In addition, staff recommends the Council direct staff to conduct a series of four public informational meetings relating to the overall storm drainage plan for the 63rd/65th Avenue drainage area, and relating to each of the three ponding areas including the proposed joint - use facility with MTC. Couneilmember Scott asked what exactly the $31,500 fee to Strgar Roscoe Fausch Inc. will be providing. The Director of Public Works answered the plan is expected to be final as far as the footprint of what the whole area will need. He also expected the plan will include two or three options for this area. 12/14/92 13 Councilmember Scott expressed concern about the access to the proposed Park and Ride facility with its close proximity to the freeway ramp. The Director of Public Works stated 0 staff has discussed these considerations with the MTC, MNDOT and SRF, and that this will be addressed in detail in the proposed study. The City Manager stated the MTC is looking for a facility for 200 to 300 cars. Mayor Paulson asked the City Attorney if he would have a conflict of interest in voting on this matter. The City Attorney answered no. RESOLUTION NO. 92 -278 Member Cclia Scott introduced the following resolution and moved ita adoption: RESOLUTION ESTABLISHING PROJECT NO. 1992 -29, STORM WATER TREATMENT POND IN THE SOUTHWEST QUADRANT OF THE I694/BROOKLYN BOULEVARD INTERCHANGE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. Member Dave Rosene introduced the fallowing resolution and moved its adoption: RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH METROPOLITAN TRANSIT COMMISSION FOR PRELIMINARY SITE PLANNING OF PROPERTY IN THE SOUTHWEST QUADRANT OF THE I694/BROOKLYN BOULEVARD INTERCHANGE, IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 92 -280 Member JGriy Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO JOINT CITY /MTC USE OF PROPERTY IN THE SOUTHWEST QUADRANT OF THE I694 /BROOKLYN BOULEVARD INTERCHANGE, IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Cclia Scott, and the motion passed unanimously. RESOLUTION NO, 92 -281 Member Philip Cohen introduced the following resolution and moved its adoption: 121492 -14- RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL APPRAISAL SERVICES RELATING TO PROPERTY IN THE SOUTHWEST QUADRANT OF THE 1694/BROOKLYN BOULEVARD INTERCHANGE, IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to direct staff to conduct a Series of four public information meetings relating to the overall storm drainage plan for the 63rd/65th Avenue drainage area, and relating to each of the three ponding areas (including the proposed joint -use facility with MTC). The motion passed unanimously, RE TEST BY VILLAGE PROP RETIES, `1E OWNERS OF EVERGREEN PARK MANOR APARTMENUS, TO EXPAND AN EXISTING AGREEMENT WITH THE CITY OF RROOKL) jN CENTER TO ACQUIRE ADDITIONAL LAND The City Manager presented the request by Village Properties, the Owners of the Evergreen Apartment Manor Apartments, to expand an existing agreement with the City of Brooklyn Center to acquire additional land. He explained the City Council on October 13 and October 26, 1992, considered a request by Village Properties to expand or revise an existing agreement they have with the City to acquire additional land. Village Properties was seeking to expand or alter the agreement whereby they would acquire the underlying rights to surplus MNDOT right -of -way to combine with their property through platting or registered land survey to allow them to meet the density requirements of the Zoning Ordinance and enable them to have up to eight three - bedroom apartment units within their complex. The City Manager further stated the City Council tabled consideration of this matter to allow further review and a report by the City Attorney to the City Council. The City Manager reported the City Attorney had supplied Council with the report in their agenda packages. Councilmember Rosene asked for data which would quantify the type and size of families the three - bedroom apartments would attract. The City Manager reported staff had been unable to locate such data. Councilmember Scott reported she had contacted some rental agencies in Brooklyn Center and was told they receive many inquiries for three - bedroom apartments, but there are none available in Brooklyn Center. Councilmember Scott further reported the Evergreen Apartment Manor Apartments are extremely well -run; and Mr. Solie, one of the owners, has a good track record. Councilmember Scott walked through the apartment buildings and reported they were very clean, and the grounds seem to be in very good condition, Councilmember Rosene stated there were some residents who were against the three - bedroom apartments stating this would not be good for the community, but these allegations 12/14/92 - is- are unsubstantiated. Councilmember Rosene felt it was obvious there is a need for three- bedroom apartments in Brooklyn Center. Mr. Solie, owner of Village Properties, stated he receives many calls for three - bedroom apartments, and it is their policy to screen and choose their tenants very carefully. Councilmember ra a r. Solie answered es the Cohen as if he will be market rate, M , he asked t rents Y Y will rent for $650. Councilmember Cohen asked if they use housing grunts. Mr. Solic answered they use Section 8, but not overall housing grants. Councilmember Rosene stated he was approaching this as an experimental situation to find out what sort of impact this increase will have on apartment rentals. He explained if the Council was not satisfied, it would not have to allow ocher aparnurjit vwiYbrs thr, opportunity to convert to three - bedroom apartments. Councilmember Cohen agreed with Councilmember Rosene and Councilmember Rosene might want to consider a resolution directing staff to monitor the operatiuu of thrcc- bedroom apartments and report back on the occupancy and any information that would serve to provide a record, RESOLUTION NO, 92 -2$2 Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE APPROVAL OF APPLICATION NO. 85016 ANDO AUTHORIZING THE MAYOR AND THE CITY MANAGER TO ENTER INTO A REVISED AGREEMENT WITH THE OWNERS OF THE EVERGREEN PARK MANOR APARTME NT UIRE ADDITIONAL I ONAL LAND A 8 TO �� The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, Mayor Paulson asked for data on the market for three - bedroom apartments and stated he would like to see larger families in homes rather than apartments. He further stated the property - owners had done a good job of managing their apartments, however he would be voting against this resolution. The motion passed. Mayor Paulson and Councilmember Pedlar voted against the motion. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to directing staff to monitor operation of the three- bedroom apartments and to report back the occupancy and any information that would serve to provide a record. The motion passed unanimously, 12/14/92 -16- PLANNING COMMISSION APPQINTME,NT The City Manager presented the list of commission members whose terms will oxpire on December 31,1992. The City Manager informed Council the appointments are made by the Mayor and approved by the Council Mayor Paulson stated he was pleased with the number of applications received as it speaks very well for the citizenry of Brooklyn Center. Mayor Paulson appointed Robert Mickelson to the Planning C.ornmission. Kathleen Carmody addressed Council stating Tim Wilson had applied for the Planning Commission and at the time Council considered his application, the appointment to the Planning Commission was tabled. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to withdraw the matter from the table, and the motion passed unanimously. Mayor Paulson stated he would like citizens to serve on one commission, not multiple commissions. Kathleen Carmody stated she was currently on the Human Rights and Resources Commission, but would like to apply for the Planning Commission. She asked if she should resign from one commission before applying for another. Mayor Paulson encouraged her to apply, and not to resign first. Councilmember Pedlar asked Mayor Paulson how he had come to the decision to appoint Robert Mickelson. Mayor Paulson answered he was impressed with his resume, and especially with the fact that Mr. Mickelson contacted him to discuss Ms application. Councilmember Pcdlar agreed Mr. Mickelson's application was outstanding, however there were many qualified applicants. The City Manager explained that according to the resolution setting policies for appointment to commissions, a unanimous vote was required for appointment to the Plmuung Commission this evening. He noted if a unanimous vote was not obtained this evening the issue would come to the Council at their next meeting and a majority vote would be. required this time. 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. Vote on the motion: three ayes, one nay, and one abstain. Councilmember Pedlar voted no, and Councilmember Cohen abstained. Mayor Paulson asked staff to advertise the future commission openings. Councilmember Cohen reminded Council the Mickelson application has to be tabled for two weeks, so it will be put on the December 28, 1992, agenda. Councilmember Scott stated there was a problem last year with commission reappointments. 12/14/92 -17- She explained very often commission members are reappointed without being asked if they want to be. She suggested staff contact commission members prior to the end of their appointment to see if they want to be reappointed. Councilmcrnber Rosene stated there was a problem with the policy of acceptance of applications. He had been contacted by residents who wanted to apply for commission appointments, but they were told the City had enough applications already. The Personnel Coordinator stated this was a misunderstanding, and staff was only informing the applicants the deadline for accepting applications had past. She stated if Council so desires, staff will no longer require a deadline for applications. C Rosene stated there is a real advantage to the deadline, however staff should simply state the deadline for the particular position was past, but to encourage the person to apply for future openings. Mayor Paulson stated that Council would like to see all applications. Councilmcmber Pedlar asked the Mayor if he was suggesting advertising for each position, even if the member would like to be reappointed. Mayor Paulson answered yes, he would like each opening advertised. Councilmember Pedlar disagreed explaining he thought the person should be allowed to remain on the commission as long as he /she was doing a good job. Councilmember Scott agreed she would have a problem with not approving people for reappointment. She stated it was not fair to ask people who are doing a good job to reapply. Mayor Paulson agreed to reappointment if they are doing a good job, however if they are not, we have no method for removal -- there are no checks or balances, or accountability. Kathtcen Carmody stated the best way to find out if someone is doing a good job is through the commission liaison. She further explained she would be insulted if she was not reappointed. Councilmesnber Rosene stated there might be a problem with reappointment in that it might be hard for someone new to the community to become appointed if there are nrver any openings. Councilmember Rosene asked Council to consider gender as well as geographic location of applicants to keep all areas, genders and races represented. Councilmcinbcr Cohen stated sometimes you have to go beyond the applications to find the right people. He explained a great number of people have moved up from one commission to another. Councilsucmber Rosene stated the C must �uncil must b careful not o io n akc a members and show respect for their talents. member feel snubbed by not reappointing him/her. MINT MEETING OF CITY C(_7I3 CIL AN VI�ORY � OMMISS QNS- 12/14/92 -18 - The City Manager presented the joint meeting of City Council and advisory commissions for discussion by the Council. He explained the Human Rights and Resources Commission recommended, and the City Council approved, the scheduling of a joint meeting of the City Council and its advisory commissions. He stated the commission would like to begin planning this meeting and has suggested it be scheduled on Wednesday, February 10, 1993, in the evening. The Personnel Coordinator asked Council to approve February 10, 1993, as the date for the joint meeting of the City Council and advisory commissions. She explained the Human Rights and Resources Commission was meeting on December 16 and will prepare a budget for presentation at the December 28, 1992, City Council meeting. Councilmember Rosene asked for an idea of the cost and location. The Personnel Coordinator answered the event will be held at Constitution Hall, and stated the cost could be compared to the open house for Chief Hampton which was $450. Councilmember Rosene agreed this was reasonable. Councilmember Scott asked staff bring back an estimate for a lite snack with the meeting starting at 7 p.m. QRP ANCI� The City Manager presented an Ordinance Amending Chapter 6 Regarding the Administrative Code. He indicated this ordinance amendment was offered fora first reading on November 23, 1.992, published in the City's official newspaper on December 2, 1992, and is offered this evening for second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 6 Regarding the Administrative Code at 10:40 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing at 10:40 p.m. The motion passed unanimously. ORDINANCE NO 92- Member Cclia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Philip Cohen, and the motion passed unanimously. DISCIUSSIQN ITEMS (CQ IN_UBRI 1993 HENNF.PIN R HRG) BUQG 12/14/92 - 19 - 1 presented the 1993 Hennepin The City Manager re in Recycling Group (HRG) Budget and P t7' g p answered questions of Council. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve the 1993 Hennepin Recycling Group (HRG) Budget. The motion passed unanimously. S"1'ATUS REPORT REGA AVE IMPROVEMENT PR - The City Manager presented the status report regarding the 69th Avenue Improvement Project. The Director of public Works reported on the construction status and reviewed all project costs. Councilmember Pedlar asked why there was a problem with the wicking. The Director of Public Works answered the soil did not react according to the predictions by the consultants, however it was very difficult to predict how the soil would react. Councilmember Pedlar asked how far behind the wicking is. The Director of Public Works answered about two months, noting that when the proposal to install wick drains was presented to the Council, Staff advised the Council that it is difficult to predict the time frame needed to attain desired consolidation. Councilmember Rosene stated he was pleased to see the contractor proposed to recycle some of the old bituminous street surface for on -site use as an aggregate base. The Director of Public Works presented a Resolution Approving Change Order No. 4 to Contract No. 1992 -B, 69th Avenue Reconstruction, Phase 2, and answered questions of Council. RES LU I"i' ON NO. 92 -283 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NQ. 4 TO CONTRACT NO. 1932 -B, 69TH AVENUE RECONSTRUCTION, PHASE 2 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Director of Public Works presented a Resolution Approving Amendment to Contract for Professional services with SEH, Inc. for 69th Avenue Improvement Project No. 1990 -10. RE Q LITN NCB 1 -254 Member Celia Scott introduced the following resolution and moved its adoption: 12/14/92 -20- { RESOLUTION APPROVING AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES WITH SEH, INC. FOR 69TH AVENUE IMPROvEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosen, and the motion passed unanimously. The Director of Public Works presented a Resolution Approving Plans and Specifications and Directing Advertisement for Bids for 69th Avenue Landscape Plan, Project No. 1990 -10, Contract No. 1992 -N. Councilmember Cohen agreed with the installation of the irrigation system explaining this is a main thoroughfare which should be kept beautiful. Councilmember Rosene asked how much maintenance the irrigation system will require. The Director of Public Works answered irrigation systems must be activated and deactivated each year, and will require routine maintenance. Councilmember Pedlar agreed the irrigation system was a good idea to ensure the life of the landscaping. Councilmember Scott was in agreement with the irrigation system. RESOLUTION NO, 92 -1.85 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR 69TH AVENUE LANDSCAPE PLAN, PROJECT NO. 1990 -10, CONTRACT NO. 1992 -N The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. Mayor Paulson stated it is very hard to maintain the landscaping in the center islands. The Director of Public Works answered the irrigation system will improve the chances of success in the life of the landscaping. Councilmcmbcr Pedlar questioned the warranty on the landscaping by the nursery. Sue Mason, of S.E.H., answered the nursery guarantees the plants for one year with maintenance, which includes pruning, watering and replacement. Councilmember Pedlar asked if there will be a reduction in the landscaping bid due to the irrigation system. The Director of Public Works answered he would expect the bid to be lower. The motion passed unanimously. The Director of Public, Works presented a Resolution Approving Revised Project Cost Estimate. 12/14/92 -21- R ES O LUTION Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING REVISED PROJECT COST ESTIMATE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. EQNDIN 1 FOR _APITAI CASTS C)F I�B 7R13AN HE START FACILITY The City Manager presented the funding for capital costs of suburban head start facility to be located in the City of Brooklyn Part to serve the northwest suburbs. He explained Brooklyn Center's share of the cost to accomplish this program and facility was proposed to be $38,100. Councilmombcr Scott asked if this was a one -time cost to rehabilitate the building. The City Manager answered yes. Mayor Paulson asked how students from Brooklyn Center will get to the facility in Brooklyn Park. The City Manager answered the Head Start program has its own transportation system. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to direct staff to prepare resolutions to join the northwest suburbs in supporting and financing this facility. The motion passed unanimously. CONS A ION OE 1993 LIQUOR L "_7UNSU 0 The City Manager presented the 1993 liquor license applications. There was a motion by Councilmember Sett and seconded by Councilmember Pedlar to approve the issuance of liquor licenses for 1993. The motion passed unanimously. ADS RNM NT There was a ;Lotion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:30 p.m. Deputy Ci ty Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 12/14/92 -22- s4 CITY OF BROOKLYN CENTER council Meeting Date December 28, 1992 < Agenda Item Numbcr REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PLANNING COMMISSION APPOINTMENT DEPT. APP : i Geral G.p inter, City Manager MANAGER'S REVIEW/RECONEMENDATION: No comments to supplement this report Comments below /attached SUIVEVIARY EXPLANATION: (supplemental sheets attached ) • At your last regularly scheduled meeting Mayor Paulson submitted the name of Robert Mickelson for appointment to the Planning Commission. Approval of the nomination was not unanimous by the City Council. In accordance with adopted City Council appointment procedures the nomination may be approved by majority vote at a subsequent meeting. (Attached please find that portion of council resolution pertaining to this matter.) RECOMMENDATION: The City Council consider by motion the approval of appointment of Robert Mickelson to the Planning Commission. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the planning function. Representation Requirements Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 10, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Resignations— Removal from Office — Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Notices of vacancies shall be posted for 30 days before any official City Council action is taken. Vacancies shall be announced in the City's official newspaper and notices of vacancies shall be sent to all members of standing advisory commissions. Applications for Planning Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk who shall forward copies of the applications to the Mayor and City Council. The Mayor shall present at a regular City Council meeting the nominee for Planning; Commission appointment who has submitted the re quired application form By unanimous vote the City Council may pprove . an a ppointment at the City Council me .ling , which the nominee was presented, or, by maiority vote. the City Counc may approve an - ippoin� cmenr at a regular City Council meeting, following the oresentati in of the nominee._ -5- �� CITY OF BROOKLYN CENTER Council Meeting Date December 28, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1993 PAY PLAN AND 1993 COLLECTIVE BARGAINING AGREEMENTS DEPT. APPR V Gera1 S inter, City Manager MANAGER'S REVIEW/RECOMNENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) • Attached please find copies of the 1993 proposed compensation plan for the City of Brooklyn Center. We are recommending a general salary increase of 2.9% and an additional $20 per month in employer health insurance contribution. In our review of salary increases recommended for 1993 in other suburban communities, the pattern appears to be ranging from 2.5% to 3.5% with most around 3 %. These same communities have employer insurance contribution increases in the range of $15 to $30 per month. We have reached a settlement in the Police Law Enforcement Labor Services Local 82 1993/94 contract. Attached please find a table indicating the settlement which has been approved by the Local. The major elements of the settlement are a two year contract with 2.9% wage increase and $20 additional employer insurance contribution with wages and insurance open for negotiation in 1994. I have also reached a tentative agreement with Public Works Local 49 and attached is a summary of the offer the unit will be voting on on Monday, December 28, 1992. This agreement involves a one year contract with 2.9% on wages and $20 per month additional employer insurance contribution plus some other items. Attached is a table indicated a summary of the 1993 contract offer. In the bargaining we could not come to an agreement on the 1994 contract so we settled for a one year agreement and an agreement to study four separate issues in 1993. These issues are detailed as study issues on the attached table. I have enclosed a copy of the 1993/94 Police agreement for your adoption. If the 1993 Public Works Local agreement receives favorable consideration by the membership I will also have this agreement at your council desk Monday evening. These settlements and the proposed increases for non - organized employees represent salary increases consistent with those settlements and salary increases being approved by metro suburban communities. The settlements in the bargaining units in the suburban area range from close to 3% to as high as 3.5 %. Adoption of the recommendations contained in the attached documents will • keep Brooklyn Center salaries in line with the suburban employment market. An addition to the Employee Position and Classification Plan is proposed for 1993. (Schedule L "Severance Benefits for Laid Off Employees ".) It provides for up to $2,000 in expenses paid by the employer for "Outplacement Services" and payment by the City of three months employer contribution for health and life insurance. The total cost of this benefit would be approximately $3,000 per laid off employee. This type of assistance was recommended by the Financial Commission for laid off employees. Because of Federal Fair Labor Standards ACt (FLSA) requirements we have renamed two schedules in the Employee Position and Classification Plan. Schedule C FLSA Exempt Employees was formerly titled "Supervisory/Professional Employees" and Schedule D Non - Exempt Employees was formerly titled "Technical /Clerical Employees. Several positions were shifted from the exempt schedule to the non - exempt schedule to assure FLSA compliance. We are also proposing an increase of 1/2 cent per mile (for a total of 28¢ per mile) for the reimbursement rate for employee business use of personal automobiles. RECOMMENDATION: We recommend the Council's favorable consideration of the attached resolution approving the 1993 compensation plan and a motion authorizing acceptance and signature of the 1993/94 contract with LELS Local 82 and the 1993 contract settlement for Local 49. • (AAPC7RSW) Member introduced the following resolution and moved its adoption: i RESOLUTION NO. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1993 ---------------------------------------------------------------- WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the 1984 Minnesota Pay Equity Act requires every political subdivision to establish "equitable compensation relationships" between its employees; and WHEREAS the City Council has reviewed the 1993 Employee Position and Classification Plan; and WHEREAS, the 1993 Employee Position and Classification Plan meets the requirements of establishing "equitable compensation relationships "; and WHEREAS, the 1993 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1993 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performances; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1993 by adoption of the attached Position and Classification Plan (Schedules A through L) for the calendar year 1993 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager may move an individual employee to pay grades in the attached Position and Classification Plan (Schedules A through L), but he is limited to authorizing increases due to Pay Equity Act compliance by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 1993 City Employee Position and Classification Plan is approved and adopted because it is generally an equitable pay plan for City employees, however parts of the Plan were approved and adopted solely for the purpose of compliance with the mandate of Minnesota statutes, Sections 471.999; that adoption of said Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that said Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and RESOLUTION NO. I BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1992 budget appropriations; and BE IT FURTHER RESOLVED that the City Manager be authorized to make interim appointments to fill vacant positions whenever a position is vacant because the regular employee is on leave of abscence, vacation leave, sick leave, or is absent for any other reason and to establish rates of pay for such appoint- ments consistent with the 1993 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1993. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconde member , and upon vote being taken thereon, the foll voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I (FFFPCI) D D D 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN EFFECTIVE JANUARY 1, 1993 Adopted: Resolution No. 92- F D D q (FFFPC2) e o u C . P D 0 CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN --------------------------------------------------------------------------------- TABLE OF CONTENTS ----------------- Contents Schedule Page ---------------------------------------- - - - - -- -- - - - - -- - - -- Positions Authorized A 1 -3 Executive Pay Plan B 4 Executive Positions Salary Maximums B -1 5 FLSA Exempt Pay Plan C 6 FLSA Exempt Monthly Salary Schedule C -1 7 FLSA Non - Exempt Pay Plan D 8 FLSA Non - Exempt Hourly Wage Schedule D -1 9 Police Officers Pay Plan E 10 Local No. 49 Pay Plan F 11 Employee Insurance Benefits G 12 City Manager Compensation Agreement H 13 -18 Personnel Expense Reimbursement Policy I 19 -20 Employee Training Policy J 21 Retirement Paid Health Insurance Program K 22 -23 Severance Benefits for Laid Off Employees Program L 24 Executive Pay Plan Conversion Schedule B -2 25 FLSA Exempt Conversion Schedule C -2 26 FLSA Non - Exempt Conversion Schedule D -2 27 ® D (FFFPC3) 0 E CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE A PERMANENT FULL -TIME AND SALARIED PART -TIME POSITIONS AUTHORIZED POSITIONS AUTHORIZED ------------------------------------------------------------------------------------------ POSITIONS EXEMPT ORGANIZATIONAL AUTHOR- ORGAN- FROM SALARY UNIT POSITION IZED IZED OVERTIME SCHEDULE - - - - - -- -- - - - - -- - - - - - -- CITY MANAGER'S OFFICE: City Manager 1 No Yes -Exec B Personnel Coordinator 1 No Yes -Admn C Administrative Assistant /Deputy City Clerk 1 No Yes -Admn C Administrative Secretary /Deputy City Clerk 1 No No D Administration /Elections Secretary 1 No No D Switchboard Operator /Receptionist 1 No No D ASSESSING DEPARTMENT: Assessor 1 No Yes -Exec B Appraiser II 1 No No D Assessment Technician 1 No No D Assessing Secretary 1 No No D FINANCE DEPARTMENT: Director of Finance /City Treasurer 1 No Yes -Exec B Assistant Director of Finance 1 No Yes -Admn C Management Information Systems Coordinator 1 No Yes -Prof C Staff Accountant 1 No Yes -Prof C Payroll /Personnel Technician 1 No No D Utilities Technician 1 No No D Accounting Technician 1 No No D Finance Secretary 1 No No D Data Entry Operator 1 No No D GOVERNMENT BUILDINGS DIVISION: Maintenance Supervisor 1 No Yes -Exec C Maintenance Custodian 1 No No D Lead Custodian 1 No No D Custodian 1 No No D FIRE DEPARTMENT: Fire Chief /Emergency Management Coordinator 1 No Yes -Exec B POLICE DEPARTMENT: Police Chief 1 No Yes -Exec B Police Captain 2 No Yes -Admn C Police Lieutenant 1 No Yes -Admn C Police Sergeant 5 L #82 No E Police Officer 31 L #82 No E Administrative Analyst, Police 1 No Yes -Admn C Administrative Services Manager, Police 1 No Yes -Admn C Code Enforcement Officer 1 No No D Property Room Supervisor 1 No No D Public Safety Dispatcher 6 No No D Police Secretary 2 No No D Police Classification Operator 1 No No D Police Receptionist 1 No No D -1- 1993 Positions Authorized, Sched 1 A COMMUNITY DEVELOPMENT DEPARTMENT: Planning and Zoning Specialist 1 No Yes -Prof C Inspector /Building Official 1 No Yes -Admn C Inspector 1 No No D Housing Inspector 1 No No D Planning and Inspection Receptionist 1 No No D ENGINEERING DIVISION: Director of Public Works 1 No Yes -Exec B City Engineer 1 No Yes -Prof C Public Works Coordinator 1 No Yes -Admn C Engineering Technician IV 1 No No D Engineering Technician III 3 No No D Engineering Secretary 2 No No D STREETS DIVISION: Public Works Superintendent 1 No Yes -Exec C Supervisor of Streets and Parks Maintenance 1 No No D Maintenance II 11 L #49 No G Mechanic 3 L #49 No G Night Service Person 1 L #49 No G Public Works Dispatcher 1 No No D PARKS AND RECREATION DEPARTMENT: Director of Recreation 1 No Yes -Exec B Program Supervisor 3 No Yes -Admn C Aquatics Supervisor 1 No Yes -Admn C Maintenance II 6 L #49 No G Parks and Recreation Secretary 1 No No D MUNICIPAL GOLF COURSE: Golf Course Manager 1 No Yes -Exec C PUBLIC UTILITIES DIVISION: Supervisor of Public Utilities 1 No No D Maintenance II 7 L #49 No G LIQUOR STORES DEPARTMENT: Liquor Stores Manager 1 No Yes -Exec B Supervisor, Retail 2 No Yes -Exec C ECONOMIC DEVELOPMENT AUTHORITY: Director of Community Development 1 No Yes -Exec B Community Development Specialist 1 No Yes -Admn C EARLE BROWN HERITAGE CENTER: EBHC Manager 1 No Yes -Exec C EBHC Maintenance Supervisor 1 No Yes -Exec C EBHC Salesperson 3 No Yes -Admn C EBHC Innkeeper 1 No Yes -Exec C EBHC Maintenance Custodian 1 No No D EBHC Secretary 1 No No D EBHC Receptionist 1 No No D ------------------------------------------------------------------------------------------ TOTAL PERMANENT FULL -TIME POSITIONS AUTHORIZED: 145 -2- 1993 Positions Authorized, Schedule A, Continued: ---- ---------- ------------ --------- --- ---------- SCHEDULED PART -TIME POSITIONS AUTHORIZED: ---------------------------------------- FIRE DEPARTMENT: Assistant Fire Chief 1 No Yes -Vol C Senior Fire Training Officer 1 No Yes -Vol C Fire Training Officer 1 No Yes -Vol C Fire Inspector, Days 1 No Yes -Vol C Fire Inspector 4 No Yes -Vol C Fire Education Officer 1 No Yes -Vol C LIQUOR STORES DEPARTMENT: Clerk /Stocker As Needed No No H Cashier As Needed No No H Cashier /Office Assistant 1 No No H i n 2EM D D D -3- D � D CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B EXECUTIVE POSITIONS - ANNUAL SALARY SCHEDULE EXECUTIVE PLAN ----------------------------------------------------------------------------------------- RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT POSITION MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM City Manager $69,398 $77,563 $78,379 $81,645 $85,727 $86,544 $93,892 -------------------------------------------- - - - - -- ---------------- ----------------------- Director of Public Works $56,867 $63,557 $64,226 $66,902 $70,247 $70,916 $76,937 ----------------------------------------------------------------------------------------- Director of Finance/ City Treasurer $52,876 $59,097 $59,719 $62,207 $65,317 $65,939 $71,538 Chief of Police $51,504 $57,563 $58,169 $60,593 $63,623 $64,229 $69,682 ----------------------------------------------------------------------------------------- Director of Community Development $48,296 $53,978 $54,546 $56,819 $59,660 $60,228 $65,342 ----------------------------------------------------------------------------------------- Director of Recreation $46,424 $51,885 $52,431 $54,616 $57,347 $57,893 $62,808 Fire Chief $44,891 $50,172 $50,700 $52,813 $55,454 $55,982 $60,735 ----------------------------------------------------------------------------------- City Assessor $44,015 $49,193 $49,711 $51,782 $54,371 $54,889 $59,549 ------------------------------------------------------------------------ -Liquor -- - - - -- Stores - - - - - -- Manager - - $39,258 $43,877 $44,339 $46,186 $48,495 $48,957 $53,114 ----------------------------------------------------------------------------------------- INTERVALS: Each range has a spread of approximately 35% from minimum to maximum. The minimum is approximately 85% and the maximum is approximately 115% of the midpoint. SALARY RANGES: I: GROWTH RANGE. The lower range (approximately 85% to 95% of the midpoint) should normally include relatively inexperienced employees, as well as those whose performance remains below fully satisfactory levels. II. PERFORMANCE RANGE: The middle range (approximately 96% to 105% of the midpoint) should include the normally experienced, fully satisfactory employees and represent the established "going- rates ". III. MERIT RANGE. The top range (approximately 106% to 115% of the midpoint) should include only those employees who have demonstrated superior performance over a significant period on the job or at comparable levels of responsibility. SALARY SETTING AUTHORITY: The City Council must approve individual salary adjustments within Merit Range III. Salaries within Growth Range I and Performance Range II may be established by the City Manager. The City Manager is authorized to set salaries below the minimum range when performance or qualifications are less then required for the position. The City Manager's salary is established by the City Council. OVERTIME: These positions are exempt from overtime. -4- { "N Aso%*. '""" CITY P OF ) BROOKLYN CENTER 1992 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B -1 EXECUTIVE POSITIONS - 1993 MAXIMUM ANNUAL SALARIES ESTABLISHED EXECUTIVE POSITIONS -------------------------------------------------------- - - - - -- 199 SALARY S ------------------------------------------------------------------------------------------- IN ADDITION TO THE SALARY SETTING AUTHORITY GRANTED THE CITY MANAGER IN EXECUTIVE PLAN SCHEDULE B TO SET SALARIES IN GROWTH RANGE I AND PERFORMANCE RANGE II, THE CITY MANAGER IS HEREBY AUTHORIZED TO SET INDIVIDUAL SALARIES WITHIN MERIT RANGE III DURING THE CALENDAR YEAR 1993 TO THE MAXIMUM SALARIES SHOWN IN THIS SCHEDULE. -------------------------------------------------------------------------------------------- CONVERSION TABLE --------------- - - - - -- MAXIMUM MONTHLY HOURLY POSITION ANNUAL SALARY EQUIVALENT EQUIVALENT --------------------- - - - - -- ------- - - - - -- --- - - - - -- ---- - - - - -- Director of Public Works $71,655 $5,971 $34.318 -------------------------------------------------------------------------------------------- irector of Finance/ City Treasurer $67,928 $5,661 $32.533 - ------- --- --------- ----- ----- - - - - - - --- --------- --- Chief of Police $65,000 $5,417 $31.130 -------------------------------------------------------------------------------------------- NOTE: The Executive positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at an annual salary. This schedule also converts the annual salary to monthly and hourly. The conversions are for informational purposes only and are not a part of the official wage schedule. -5- D (FFFPC7C) CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE C POSITIONS EXEMPT FROM OVERTIME PER FLSA - GRADE RANGE AND MONTHLY SALARY FLSA EXEMPT ------------------------------------------------------------------ - - - - -- - MLOYM GRADE RANGE MONTHLY SALARY RANGE FROM SCHEDULE C -1 FROM SCHEDULE C -1 ------------------- - - - - -- ------------------- - - - - -- GOING GOING POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM --------------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- City Engineer E34A E36C E38C $3,978 $4,608 $4,841 Police Captain E32A E34C E36C $3,786 $4,386 $4,608 Personnel Coordinator E32A E34C E36C $3,786 $4,386 $4,608 Public Works Superintendent E31A E33C E35C $3,694 $4,279 $4,495 Assistant Director of Finance E31A E33C E35C $3,694 $4,279 $4,495 Police Lieutenant E29A E31C E33C $3,516 $4,072 $4,279 Management Information Systems Coordinator E26A E28C E30C $3,265 $3,782 $3,973 E.B.H.C. Manager E26A E28C E30C $3,265 $3,782 $3,973 Planning and Zoning Specialist E25A E27C E29C $3,185 $3,689 $3,876 Public Works Coordinator E23A E25C E27C $3,032 $3,512 $3,689 Inspector /Building Official E22A E24C E26C $2,958 $3,426 $3,599 Staff Accountant E22A E24C E26C $2,958 $3,426 $3,599 Community Devlp. Specialist E21A E23C E25C $2,886 $3,342 $3,512 Golf Course Manager E20A E22C E24C $2,815 $3,261 $3,426 Program Supervisor, Recreation E20A E22C E24C $2,815 $3,261 $3,426 E.B.H.C. Maint. Supervisor E20A E22C E24C $2,815 $3,261 $3,426 Administrative Analyst, Police E19A E21C E23C $2,747 $3,181 $3,342 Administrative Services Manager, Police E17A E19C E21C $2,614 $3,028 $3,181 Maintenance Supervisor E16A E18C E20C $2,550 $2,954 $3,104 Administrative Assistant/ Deputy City Clerk E12A E14C E16C $2,311 $2,676 $2,812 E.B.H.C. Salesperson E12A E14C E16C $2,311 $2,676 $2,812 E.B.H.C. Innkeeper E11A E13C E15C $2,254 $2,611 $2,743 Supervisor, Liquor Retail E8A E10C E12C $2,093 $2,425 $2,547 Aquatics Supervisor E8A ElOC E12C $2,093 $2,425 $2,547 Part -time Positions: Assistant Fire Chief $505 Fire Education Officer $180 Senior Fire Training Officer $335 Fire Training Officer $260 Fire Inspector, Days $455 Fire Inspector $260 -6- ®. D . ipn (FFFPC7C) CITY F BROOKLYN POSITIONS EXEMPT FROMOVERTIME T PER I FEDERAL LO LABOR P0 L STANDARDS- M0NTHLY C-1 PROGRESSION STEPS MERIT STEPS GRADES A B C D E E1 $1,761 $1,849 $1,942 $2,039 $2,141 E2 $1,805 $1,895 $1,990 $2,090 $2,194 E3 $1,850 $1,943 $2,040 $2,142 $2,249 E4 $1,896 $1,991 $2,091 $2,195 $2,305 E5 $1,944 $2,041 $2,143 $2,250 $2,363 E6 $1,992 $2,092 $2,197 $2,306 $2,422 E7 $2,042 $2,144 $2,252 $2,364 $2,482 E8 $2,093 $2,198 $2,308 $2,423 $2,544 E9 $2,146 $2,253 $2,366 $2,484 $2,608 E10 $2,199 $2,309 $2,425 $2,546 $2,673 Ell $2,254 $2,367 $2,485 $2,610 $2,740 E12 $2,311 $2,426 $2,547 $2,675 $2,809 E13 $2,368 $2,487 $2,611 $2,742 $2,879 E14 $2,428 $2,549 $2,676 $2,810 $2,951 E15 $2,488 $2,613 $2,743 $2,880 $3,024 E16 $2,550 $2,678 $2,812 $2,952 $3,100 E17 $2,614 $2,745 $2,882 $3,026 $3,178 E18 $2,680 $2,814 $2,954 $3,102 $3,257 E19 $2,747 $2,884 $3,028 $3,179 $3,338 E20 $2,815 $2,956 $3,104 $3,259 $3,422 E21 $2,886 $3,030 $3,181 $3,340 $3,507 E22 $2,958 $3,106 $3,261 $3,424 $3,595 E23 $3,032 $3,183 $3,342 $3,510 $3,685 E24 $3,107 $3,263 $3,426 $3,597 $3,777 E25 $3,185 $3,344 $3,512 $3,687 $3,872 E26 $3,265 $3,428 $3,599 $3,779 $3,968 E27 $3,346 $3,514 $3,689 $3,874 $4,068 E28 $3,430 $3,602 $3,782 $3,971 $4,169 E29 $3,516 $3,692 $3,876 $4,070 $4,274 E30 $3,604 $3,784 $3,973 $4,172 $4,380 E31 $3,694 $3,879 $4,072 $4,276 $4,490 E32 $3,786 $3,975 $4,174 $4,383 $4,602 E33 $3,881 $4,075 $4,279 $4,493 $4,717 E34 $3,978 $4,177 $4,386 $4,605 $4,835 E35 $4,077 $4,281 $4,495 $4,720 $4,956 E36 $4,179 $4,388 $4,608 $4,838 $5,080 E37 $4,284 $4,498 $4,723 $4,959 $5,207 E38 $4,391 $4,610 $4,841 $5,083 $5,337 E39 $4,501 $4,726 $4,962 $5,210 $5,470 E40 $4,613 $4,844 $5,086 $5,340 $5,607 NORMAL PROGRESSION: A is starting wage. Advance to Step B after six months probationary period. Advance to Step C after eighteen months employment. Additional grade advances in Step C, within the City Council authorized limits shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be at the discretion of the City Manager. The City Manager is authorized to set salaries below the minimum grade range when performance or qualifications are less then required for the position. INTERVALS: Grades 1 through 40 represent 2 1/2% advances. Steps A through E represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -7- D D D _. (FFFPCIOC) CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE D POSITIONS NOT EXEMPT FROM OVERTIME PER FLSA - GRADE RANGE & HOURLY RATES FLSA NON-EXEMPT ------------------------------------------------------------------ - - - - -- EMPLOYEES --------------------------------------------------------------------------------------- GRADE RANGE HOURLY WAGE RANGE FROM SCHEDULE D -1 FROM SCHEDULE D -1 ------------------- - - - - -- ------------------------- GOING GOING POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM -------------------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- Engineering Technician IV N37A N39C N41C $17.83 $20.65 $21.70 Appraiser II N34A N36C N38C $16.56 $19.18 $20.15 Supervisor of Streets and Parks N33A N35C N37C $16.15 $18.71 $19.66 Supervisor of Public Utilities N33A N35C N37C $16.15 $18.71 $19.66 Inspector, Community Development N31A N33C N35C $15.38 $17.81 $18.71 Engineering Technician III N27A N29C N31C $13.93 $16.13 $16.95 Housing Inspector N25A N27C N29C $13.26 $15.36 $16.13 Maintenance Custodian N24A N26C N28C $12.93 $14.98 $15.74 Admin. Secretary /Deputy City Clerk N21A N23C N25C $12.01 $13.91 $14.62 Lead Custodian N20A N22C N24C $11.72 $13.57 $14.26 Payroll /Personnel Technician N20A N22C N24C $11.72 $13.57 $14.26 Public Safety Dispatcher N20A N22C N24C $11.72 $13.57 $14.26 E.B.H.C. Maintenance Custodian N20A N22C N24C $11.72 $13.57 $14.26 Assessment Technician N20A N22C N24C $11.72 $13.57 $14.26 Public Works Dispatcher N19A N21C N23C $11.43 $13.24 $13.91 Utilities Technician N17A N19C N21C $10.88 $12.60 $13.24 Accounting Technician N17A N19C N21C $10.88 $12.60 $13.24 Code Enforcement Officer N14A N16C N18C $10.10 $11.70 $12.30 Property Room Supervisor N14A N16C N18C $10.10 $11.70 $12.30 Police Classification Operator N14A N16C N18C $10.10 $11.70 $12.30 Engineering Secretary N14A N16C N18C $10.10 $11.70 $12.30 Assessing Secretary N14A N16C N18C $10.10 $11.70 $12.30 Finance Secretary N13A N15C N17C $9.86 $11.42 $12.00 Police Secretary N13A N15C N17C $9.86 $11.42 $12.00 Data Entry Operator N13A N15C N17C $9.86 $11.42 $12.00 Parks and Recreation Secretary N13A N15C N17C $9.86 $11.42 $12.00 Planning & Inspection Receptionist N13A N15C N17C $9.86 $11.42 $12.00 E.B.H.C. Secretary N13A N15C N17C $9.86 $11.42 $12.00 Administration /Elections Secretary N13A N15C N17C $9.86 $11.42 $12.00 Switchboard Operator /Receptionist N8A N10C N12C $8.71 $10.09 $10.60 Police Receptionist N8A N10C N12C $8.71 $10.09 $10.60 E.B.H.C. Receptionist N8A N10C N12C $8.71 $10.09 $10.60 Custodian N6A NBC N10C $8.29 $9.61 $10.09 --------------------------------------------------------------------------------------- -8- D TE M P 0 9 OF B r i l POSITIONS ) NOT T EXEMPT R FROM Y OVERTIME PER FEDERAL LABOR STANDARDS I F MONTHLY SALARY D -1 PROGRESSION STEPS MERIT STEPS GRADES A B C D E N1 $7.33 $7.70 $8.08 $8.49 $8.91 N2 $7.51 $7.89 $8.28 $8.70 $9.13 N3 $7.70 $8.09 $8.49 $8.91 $9.36 N4 $7.89 $8.29 $8.70 $9.14 $9.59 N5 $8.09 $8.50 $8.92 $9.37 $9.83 N6 $8.29 $8.71 $9.14 $9.60 $10.08 N7 $8.50 $8.93 $9.37 $9.84 $10.33 N8 $8.71 $9.15 $9.61 $10.09 $10.59 N9 $8.93 $9.38 $9.85 $10.34 $10.86 N10 $9.15 $9.61 $10.09 $10.60 $11.13 N11 $9.38 $9.85 $10.34 $10.86 $11.41 N12 $9.62 $10.10 $10.60 $11.13 $11.69 N13 $9.86 $10.35 $10.87 $11.41 $11.98 N14 $10.10 $10.61 $11.14 $11.70 $12.28 M15 $10.36 $10.87 $11.42 $11.99 $12.59 N16 $10.62 $11.15 $11.70 $12.29 $12.90 N17 $10.88 $11.43 $12.00 $12.60 $13.23 N18 $11.15 $11.71 $12.30 $12.91 $13.56 N19 $11.43 $12.00 $12.60 $13.23 $13.90 N20 $11.72 $12.30 $12.92 $13.57 $14.24 N21 $12.01 $12.61 $13.24 $13.90 $14.60 N22 $12.31 $12.93 $13.57 $14.25 $14.96 N23 $12.62 $13.25 $13.91 $14.61 $15.34 N24 $12.93 $13.58 $14.26 $14.97 $15.72 N25 $13.26 $13.92 $14.62 $15.35 $16.12 N26 $13.59 $14.27 $14.98 $15.73 $16.52 N27 $13.93 $14.63 $15.36 $16.12 $16.93 N28 $14.28 $14.99 $15.74 $16.53 $17.35 N29 $14.63 $15.37 $16.13 $16.94 $17.79 N30 $15.00 $15.75 $16.54 $17.36 $18.23 N31 $15.38 $16.14 $16.95 $17.80 $18.69 N32 $15.76 $16.55 $17.37 $18.24 $19.16 N33 $16.15 $16.96 $17.81 $18.70 $19.63 N34 $16.56 $17.39 $18.25 $19.17 $20.13 N35 $16.97 $17.82 $18.71 $19.65 $20.63 N36 $17.40 $18.27 $19.18 $20.14 $21.14 N37 $17.83 $18.72 $19.66 $20.64 $21.67 N38 $18.28 $19.19 $20.15 $21.16 $22.21 N39 $18.73 $19.67 $20.65 $21.69 $22.77 N40 $19.20 $20.16 $21.17 $22.23 $23.34 N41 $19.68 $20.67 $21.70 $22.78 $23.92 NORMAL PROGRESSION: A is starting wage. Advance to Step B after six months probationary period. Advance to Step C after eighteen months employment. Additional grade advances in Step C, within the City Council authorized limits, shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be at the discretion of the City Manager. The City Manager is authorized to set salaries below the minimum grade range when performance or qualifications are less then required for the position. INTERVALS: Grades 1 through 40 represent 2 112% advances. Steps A through E represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -9- (FFFPCI3) CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE E POLICE OFFICER POSITIONS HOURLY RATE SCHEDULE, L.E.L.S., LOCAL NO. 82 POLICE OFFICERS -------------------------------------------------------------- - - - - -- PLAN HOURLY RATE PROGRESSION STEPS P1 P2 P3 P4 P5 POSITION (72 %) (79 %) (86 %) (93 %) (100 %) ----------------- - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- - - - - - -- Police Officer $13.691 $15.022 $16.353 $17.684 $19.015 CONVERSION TABLE Monthly $2,373 $2,604 $2,835 $3,065 $3,296 Annual $28,477 $31,245 $34,014 $36,783 $39,551 NORMAL PROGRESSION: Step P1 is the starting wage. Advance to Step P2 after six months of employment. Advance to Step P3 after one year of employment. Advance to Step P4 after two years of employment. Advance to Step P5 after three years of employment. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. INTERVALS: P5 is top police officer salary. P1 is 72% of P5; P2 is 79% of P5; P3 is 86% of P5; P4 is 93% of P5. CONVERSION TABLE HOURLY MONTHLY ANNUAL Sergeant (P5 monthly salary plus $345) $21.006 $3,641 $43,692 LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational credits to be paid as supplementary pay: EDUCATIONAL LONGEVITY COLLEGE QUARTER CREDITS PERCENT ------------ - - - - -- ----------------- - - - - -- - - - - - -- 4-8 years 45 -89 3% 8 -12 years 90 -134 5% 12 -16 years 135 -179 7% 16 years and over 180 or more 9% SPECIAL JOB CLASSIFICATION: I. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $150 per month or $150 prorated for less than a full month in addition to their regular wage rate: CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Investigator $0.865 $150 $1,800 B. School Liaison Officer $0.865 $150 $1,800 B. Juvenile Officer $0.865 $150 $1,800 2. Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $50 per month or $50 prorated for less than a full month in addition to their regular wage rate: CONVERSION TABLE HOURLY MONTHLY ANNUAL A. Corporal $0.288 $50 $600 ------------------------------------------------------------------------------------------ NOTE: The Police Officer positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual. The conversion tables are for informational purposes only and are not a part of the official wage schedule. -10- D D D �CITY CENTER 1993 EMPLOYEE POSITION CLASSIFICATION PLAN SCHEDULE F UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 49 ------------------------------------------------------------------------- NOTE: The following Wage Schedule will be in effect from the first payroll period in 1993 through the last payroll period in 1993: CONVERSION TABLE HOURLY -------------------------- POSITION RATE MONTHLY ANNUAL Maintenance III $14.83 $2,580 $30,965 Maintenance II $14.27 $2,483 $29,796 Mechanic $14.87 $2,587 $31,049 Night Service Person $14.04 $2,443 $29,316 Maintenance I Beginning $10.30 $1,792 $21,506 Maintenance I Step 1 $11.30 $1,966 $23,594 Maintenance I Step 2 $12.30 $2,140 $25,682 Maintenance I Step 3 $13.28 $2,311 $27,729 Welding $14.58 $2,537 $30,443 Crew Leader When assigned in writing by the department head to assist a super- visor as crew leader while perform- ing such duties. *W ORKING OUT OF CLASSIFICATION PAY: Employees required by the employer to operate certain tems of heavy e quipment y q pment will be paid the Maintenance III rate of pay for those hours assigned to the unit. Employees hired after February 7 1984 in the Maintenance I class - Y > ification who are required by the employer to operate certain items of light equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit. STANDBY PAY: Public Utility employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five (5) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one 1 hour of over - Y p () time pay for each week night served in such status. Public Utility employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this agreement. NOTE: The above positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual equivalents. The schedule converts the hourly rate to an annual rate b multiplying the hourl Y y rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight 10 hours. There are 2,088 normal work hours in 1993. The schedule converts the annual rate to the monthly rate by dividing the annual rate by twelve months. The conversions are for informational purposes only and are not a part of the official wage schedule. -11- 0 �. D DW CITY P OF 6) : � BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE G EMPLOYEE INSURANCE BENEFITS EMPLOYEE --------------------- - - - - -- INSURANCE BENEFITS ------------------------------------------------------------------------------------------ L.E.L.S., LOCAL NO. 82, POLICE OFFICERS: --------------------------------------- The City will contribute up to a maximum of $300 per month per employee toward health, life, long -term disability insurance, and dental insurance. (Dental insurance not to exceed $30.) In addition, the City will provide a $10,000 Group Term Life Insurance policy. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: ----------------------------------------------------------------- The City will contribute, effective with insurance premiums due January 1, 1993, payment of an amount not to exceed $300 per month toward the cost of coverage under the Brooklyn Center Group Hospital- Medical Insurance Plans and Group Dental Insurance as fringe benefit compensation for full -time employees and eligible dependents. Dental Insurance not to exceed $30 per month. In addition, the City will provide a $10,000 Group Term Life Insurance policy. NON- ORGANIZED CITY EMPLOYEES: ---------------------- - - - - -- The City will contribute, effective with insurance premiums due January 1, 1993, payment of an amount not to exceed $300 per month toward the cost of coverage under the Brooklyn Center Group Hospital- Medical Insurance Plans and Group Dental Insurance as fringe benefit compensation for full -time employees and eligible dependents. Dental Insurance not to exceed $30 per month. In addition, the City will provide a $10,000 Group Term Life Insurance policy. CITY MANAGER: As provided in the City Manager's Personal Service Contract. ------------------------------------------------------------------------------------------ 4 0 -12- D D) BROOKLYN ITY OF CENTER EMPLOYEE 993 CITYMANAGER 'SCOMPENSATIONAGREEMENTTION AND CLASSIFICATION PLAN CITY MA NAG E ------------------------------------ - - - - -- COMPENSATION AGREEMENT THIS AGREEMENT, made and entered into as of this 29th day of December, 1992, by and between the City of Brooklyn Center, State of Minnesota, a municipal corporation (Employer) , and Gerald G. Splinter (Employee). WITNESSETH: WHEREAS, Employer desires to employ the services of Employee as City Manager of the City of Brooklyn Center; and WHEREAS, it is the desire of the City Council (Council), to provide certain benefits, establish certain conditions of employment, and to set working conditions of the Employee; and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee; (2) make possible full work productivity to assuring Employee's morale and peace of mind with respect to future security; and (3) act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee. NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, Employer and Employee agree as follows: Section 1. Duties. Employer agrees to employ Employee as City Manager to perform the functions and duties specified in the Charter of the City and the City Code and to perform other legally permissible and proper duties and functions as the Council may from time to time assign to Employee. Section 2. Term. A. Nothing in this agreement prevents, limits, or otherwise interferes with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this Agreement. B. Nothing in this agreement prevents, limits, or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Section 3 of this Agreement. -13- " m um j 0. t rul 6 = F , 993 City Manager's Compensation Agreement, ; Schedule H,'ontnued: ----------------------------------------------------------------- C. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer during the term of his employment. The term "employed" is not to be construed to include occasional teaching, writing, consulting, or military reserve service performed on Employee's time off. Section 3. Termination and Severance Pay. A. In the event of dismissal by the Council, the Employee shall be notified at least 30 days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons therefor, and further, shall be granted a hearing thereon, if requested. B. In the event of voluntary resignation or death, the Employee shall receive severance pay based on 100% of his unused vacation leave and one -third of his unused sick leave. C. In the event of involuntary resignation or dismissal, severance pay based on 100% of his unused vacation leave and one -third of his unused sick leave plus eight months pay (to include health, dental, and life insurance premiums) shall be paid to the Employee. However, in the event that the Employee is terminated because of his conviction of any illegal act involving personal gain to him, the Employer shall have no obligation to pay the eight months severance sum designated in this paragraph. D. The Employee will give Employer 30 days notice in advance of resignation, unless the parties agree to waive this notice. Section 4. Salary. Employee's salary for 1993 shall be $80,465 per annum and adjustment to the Employee's salary shall be reviewed annually in conjunction with the establishment of salaries for City employees. Section 5. Hours of Work. It is recognized that Employee must devote substantial time outside normal office hours to business of the Employer; therefore, -14- D 9cnL1 993 City Manager's Compensat on('greement, - c edu e nu ed: ----------------------------------------------------------------- Employer recognizes that Employee will take time off during normal office hours consistent with Federal Fair Labor Standards Act regulations. Section 6. Automobile. Employee shall receive $250 per month if the Employer does not provide a car for the Employee's twenty -four hour business use. Section 7. Vacation and Sick Leave. Employee shall be granted sick leave and holiday benefits granted to other employees and will earn four weeks vacation per year. Section 8. Disability, Health and Life Insurance. The full premium cost for individual and family coverage under the Brooklyn Center Group Health and Dental Plan and /or Insurance Plan and the full premium cost for two times Employee's annual salary of term life insurance under the Brooklyn Center Group Life Insurance Plan shall be paid by the Employer on the Employee's behalf. It may be necessary, in order to maintain IRS nontax status of all employee insurance benefits, to modify this section of the Employee's compensation package. If the Finance Director recommends modification in the payment of the Employee's insurance benefits as the simplest and most effective method for assuring "qualification" of Brooklyn Center's employee group insurance plans under IRS regulations, then the Employee's salary is to be adjusted an equivalent amount to compensate for any reduction in insurance benefits. Section 9. Retirement. Minnesota State Law provides City Managers with a choice of pension plans: PERA or a deferred compensation fund. Employer will contribute to the qualified fund of the Employee's choice a dollar amount equivalent to the required PERA contribution. Section 10. Dues and Subscriptions. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement and for the good of the employer. -15- 1993 City Manager's Compensation Agreement, Schedule Con inue : ----------------------------------------------------------------- Section 11. Professional Development. Employer will, at a minimum, provide the cost for the Employee to attend the state and /or national ICMA conferences or job - related courses, seminars, or training of equivalent cost. Section 12. General Expenses. Employer recognizes that certain expenses of a nonpersonal and generally job- affiliated nature will be incurred by Employee and agrees to reimburse or to pay those general expenses. Section 13. Indemnification. Employer will defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager. Employer will compromise and settle any claim or suit and pay the amount of any settlement or judgement rendered thereon. Nothing herein shall be deemed a waiver on the limitations of the liability set forth in Minnesota Statutes Chapter 466. Section 14. Bonding. Employer will bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 15. Other Terms and Conditions of Employment. A. The Council, in consultation with the Employee, may fix such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter, the City Code, or any other law. Section 16. No Reduction of Benefits. Employer will not at any time during the time of this Agreement reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across - the -board for all employees of the Employer or as otherwise agreed by Employer and Employee. -16- [�ACp'�'j, Y .I Yj n.- * 1993 City Manager's Compensation greement, Schedule H, Continued: ----------------------------------------------------------------- Section 17. Notices. Notices pursuant to this agreement are given by deposit in the custody of the United States mail, postage prepaid, address as follows: (1) EMPLOYER: City of Brooklyn Center, Minnesota Mayor 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (2) EMPLOYEE: Gerald G. Splinter City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States mail. Section 21. General Provisions. A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement is effective on January 1, 1993. D. This Agreement may be amended at any time by mutual consent of Employer and Employee. E. This Agreement may be executed in any number of counterparts. -17- 1993 City Manager's Compensation Agreement, VchEe n d - H, uTe ontint . ----------------------------------------------------------------- IN WITNESS WHEREOF, the City of Brooklyn Center by its City Council has caused this agreement to be executed and delivered in its behalf by its Mayor and duly attested by its Deputy City Clerk, and the Employee has executed this Agreement as of the day and year first above written. THE CITY OF BROOKLYN CENTER, MINNESOTA EMPLOYER By Todd Paulson, Mayor Attest: Patricia A. Page, Deputy City Clerk EMPLOYEE Gerald G. Splinter -18- (FFFPCI8) ITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHED I PERSONNEL EXPENSE REIMBURSEMENT POLICY PERSONNEL EXPENSE -------------------------------- - - - - -- REIMB 17LCCY ----------------------------------------------------------------------------------------- It is necessary that there be a uniform policy of reimbursement for travel, lodging, meals, and mileage expenses incurred by City employees and officials while performing their duties as representatives of the City of Brooklyn Center. It is also necessary that existing reimbursement policies be reviewed annually, and be adjusted when necessary, to reflect the current costs of travel, lodging, meals, and the use of personal automobiles for business use. Therefore, all existing reimbursement policies are hereby ammended to be as follows for costs incurred on January 1, 1993 and thereafter: 1. Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Brooklyn Center. 2. In order to qualify for travel reimbursement, trips to a destination exceeding 100 miles from Brooklyn Center must have the prior approval of the City Manager. 3. Requests for travel advances intended to defray costs incurred while on a trip and prior to susbmission of an expense report shall be submitted to the City Manager for approval at least seven days in advance of the trip. 4. Travel advances shall be limited to 90% of the estimated expenses for lodging, meals, and other related travel expenses. Costs of transportation and registration shall be advanced in full. 5. A properly verified, itemized expense claim shall be submitted to the City Manager for approval within ten days following the date of return from an authorized trip. Expense claims shall be accompanied by receipts for: a. Transportation costs to and from the destination via coach, tourist, or economy class transportation. b. Lodging costs not to exceed a reasonable single occupancy rate as determined by the City Manager. C. Conference or meeting registration fees. d. Any unusual items for which advance approval has been obtained from the City Manager. 6. The mode of transportation must be approved by the City Manager prior to any authorized trip. Personal automobile use for authorized trips will be reimbursed at a rate of 28 cents per mile, or an amount equal to air travel tourist class, whichever is the lesser. -19- i 1993 Personnel Expense Reimbursement Policy, Schedule I, Continued ------------------------------------------------------------------ 7. Reimbursement for meals while on authorized travel will be for actual expenditures with a maximum of $31 per day allowable, including tips. There shall be no per diem for meals or any other expenses. The maximum meal reimbursement for any fraction of a full day shall be as follows: a. Breakfast - $7.00 b. Lunch - $9.00 c. Dinner - $15.00 The full cost shall be reimbursed for meals which are a scheduled activity of a conference or meeting and the cost of such meals is not included in the registration fee. 8. Employees and officials of the City shall be reimbursed for luncheon and dinner costs as authorized by the City Manager in accordance with the following provisions: a. The actual cost of the meal not to exceed $12.00 will be allowed for meals associated with attendance at training sessions when meals are an integral part of the program or when there are training sessions before and after the meal, or, for attendance at regular luncheon meetings of professional or related associations. b. The entire cost of related meals shall be reimbursed to those employees or officials designated to represent the City at meetings or other City business functions that the Council or City Manager deems necessary. 9. Employees or officials of the City who, in the conduct of official City business, are authorized or required to use their personal automobiles for transportation shall be reimbursed at the rate of 28 cents per mile for mileage incurred in the conduct of such business. An itemized mileage expense claim must be submitted to the City Manager for approval. 10. Certain employees of the City are required to drive a City vehicle to their home and keep it there while off -duty. They must do so to be able to respond to emergency situations. These emergency situations include fire and police protection, civil defense and restoring City services such as water, sewer, and streets. It may also be necessary to keep a City vehicle at home for security purposes or other City business purposes. These vehicles must be used for City business use only and cannot be used for the personal use of any employee. The employees who are authorized to keep a City vehicle at their home on a regular basis while off -duty are as follows: The Director of Emergency Management The Chief of Police The Fire Chief The Supervisor of Street and Parks Maintenance The Supervisor of Public Utilities The Liquor Stores Manager -20- (FFFPCI9) Mu, vn2 CITY O F BTRAININGCENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE J ------- ----------- - - - - -- TRAINING ----------------------------------------------------------------------------------------- In 1964, the City Council established a policy pertaining to employee training. The purpose of the policy is to promote and encourage employees of the City of Brooklyn Center to pursue further education and training to increase awareness and proficiency in their positions. In support of this policy, it is hereby amended to be as follows for costs incurred on January 1, 1993 and thereafter: 1. VOLUNTARY PARTICIPATION TRAINING. -------------------------------- The City of Brooklyn Center will reimburse to City employees attending job related courses who have been employed by the City of Brooklyn Center, on a full -time basis of a period of at least 18 months, 60% of the cost incurred by the employee for the payment of tuition and fees and purchases of textbooks required for such courses, provided the conditions listed below are met. Employees who have been employed by the City of Brooklyn Center on a full -time basis with at least five complete years of employment will receive 75% of the cost incurred for tuition, fees, and textbooks, provided the following conditions have been met: a. The course has been approved by the City Manager prior to registration for, or participation in, the course. b. The employee attains a grade of "C" or better in the course, or in those cases where grades are not assigned, the employee must show proof of satisfactory completion of the course. C. The employee has submitted, on forms to be provided by the City Manager's office, a written critique of the course, stated the value of the training to his or her position, and made such suggestions as may be pertinent for the conduct of future training sessions. d. The attendance of the employee at course sessions has been satisfactory. e. Individuals who are receiving compensation or reimbursement for education costs from the federal or state government shall not be eligible for additional reimbursement from the City. 2. REQUIRED PARTICIPANT TRAINING. ----------------------------- In those instances where the City Manager deems it necessary or advisable that an employee attend training sessions, the City shall pay all costs for fees, tuition, and textbooks. The employee shall attend such courses or training sessions on his or her regular work time, or if such courses are only after regular work hours, compensatory time shall be granted to the employee. Upon completion of ,the training, the employee shall submit a critique of the course as required in paragraph lc above. -21- i PJ (FFFPC20) SCHE DULE K CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN RETIR MENT RETIREMENT PAID HEALTH INSURANCE PROGRAM PAI HEALTH ---------------------------------- - - - - -- INSURANCE PROGRAM ----------------------------------------------------------------------------------------- Minnesota Statutes 1990, Section 471.61, requires local governments to allow a former employee and the employee's dependents to continue to participate indefinitely in the employer sponsored hospital, medical, and dental insurance group that the employee participated in immediately before retirement, provided that the former employee is receiving a disability benefit or an annuity from a Minnesota public pension plan other then a volunteer firefighter plan, or has met age and service requirements necessary to receive an annuity from such a plan. However, the statutes do not mandate that the City contribute towards the payment of the premium for such insurance. The City Council has determined that it is in the best interest of the City of Brooklyn Center that retiring employees have available to them, at their option, a quality health insurance program and that the City should participate in the cost of that health insurance program for long -time employees until the retiree reaches age sixty -five (65) or becomes eligible for Medicare coverage. On August 13, 1990, the City Council adopted Resolution No. 90 -166 establishing the City's Retirement Health Insurance Program with the intent to provide retirement health insurance coverage for employees retiring after that date and on or before December 15, 1995. However, Minnesota Statutes 179A.20, Subd. 2a, limits the period of time which a City may obligate itself to pay benefits provided by Resolution No. 90 -166. The City Council has determined that the period shall be one year. The Council has also determined that it is in the best interest of the City to continue such benefits as are provided by Resolution No. 90 -166 and to include the program within the City's Employee Position and Classification Plan. Therefore, the City Council has determined to continue the Retirement Health Insurance Program with the following provisions: I. Qualified employees shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single person premium until such time as the retiree is eligible for Medicare coverage or at age sixty -five (65), whichever is sooner. If the retiree desires to continue the family coverage, and if such coverage is available under the City's policies, the additional cost for family coverage shall be paid monthly by the retiree to the City of Brooklyn Center. In lieu of City payment of the single person premium, the qualified employee may select to receive a lump -sum payment of an amount calculated by multiplying the number of months between the date on which the employee retires and the employee's sixty -fifth birthday times the monthly average single person premium which the City is paying for employees at the time of the employee's retirement. 2. To qualify under this program, an employee, on the day of his /her retirement, must meet eligibility requirements for a full retirement annuity under PERA or PERA Police without reduction of benefits because of age. In addition, to be eligible for this program an employee must have been employed full -time by the City of Brooklyn Center for the last ten (10) consecutive years prior to the effective date of his /her retirement. Employees participate in this program on a voluntary basis. -22- I u 1993 Retirement Health Insurance Program, Schedule K, Continued --------------------------------------------------------------- 3. Eligible employees, as described in provision two (2) above, who become disqualified from participation under the policies of the City's health insurance carriers because of a move out of the service area of such carriers, may elect to continue participation in this program as follows. The employee may recommend to the City an insurance carrier providing health insurance in the area to which the employee has moved. Upon approval of the carrier by the City, qualification for coverage by the employee and submission of any additional information reasonably required by the City, the City will make monthly payments to the carrier on behalf of the employee for premiums for such policy up to the amount paid by the City for the lowest single person premium of the City's employee health insurance plans at the time of payment. Any additional amount required shall be paid by the eligible employee. Eligible employees electing this option must prove residence in a non - covered geographic area and must submit a written notice of election to the City Manager on a form provided by the City. Once an eligible employee has been removed from coverage under the City's group health insurance plans pursuant to such an election, the employee may not thereafter reenter the group and will not be covered under the City's group policies. 4. The City Manager is authorized to administer the Retirement Health Insurance Program and to fund this program from the City of Brooklyn Center's Employees' Retirement Fund until such funds are depleted, at which time the program will be funded from the General Fund. 5. The obligations imposed on the City by the program are subject to the limitations of law, including Minnesota Statutes 179.20, Subd. 2a, pursuant to which such obligations will expire unless reenacted from time -to -time by the City Council. 6. In accordance with provision five (5) above, the provisions of this program shall apply only to employees retiring on or before December 31, 1993. 7. In the event that the City discontinues providing group health insurance coverage for active employees or in the event that the City discontinues this program anytime after the date specified in provision six (6) above, all benefits provided for in this policy, including benefits to retirees under the program, will also be discontinued. 8. In the event that the City decides to discontinue the Retirement Paid Health Insurance Program for active employees at the next expiration date, consideration will be given to continue the Program for employees who had previously retired under the provisions of the Program. -23- N (FFFPC21) SCHEDULE L CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SEVERANCE BENETTTS SEVERANCE BENEFITS FOR LAID OFF EMPLOYEES PROGRAM FOR LAM= ------------------------------------------- - - - - -- EMPLOYEES PROGRAM ------------------------------------------------------------------------------------------ Due to severe budget constraints, the City Council has found it necessary in some budget years to reduce the number of City employees through lay offs. To recognize the hardship of such lay offs, 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. Therefore, the City Council has determined to offer the Severance Benefits for Laid Off Employees Program with the following provisions: 1. Employees qualified for severance benefits are those who are employed in a full - time capacity as a benefits - earning employee with the City of Brooklyn Center at the time of lay off. Employees participate in this program on a voluntary basis. 2. At the City's expense, qualified employees may, at their choosing, participate in an outplacement service at a cost not to exceed $2,000 or within six months of lay off, whichever is reached first. Outplacement services consist of a career assessment, resume development, cover letter writing assistance, interviewing skills, networking, and developing job resources, all of which are provided by a professionally qualified outplacement service. 3. The qualified employees will be allowed to continue health and life insurance coverage held at the time of lay off pursuant to COBRA law. The City will pay the portion of the premium costs for which other City employees are eligible for a period of three months after the lay off date or earlier if other coverage is provided by another employer. 4. The City Manager is authorized to administer the Severance Benefits for Laid Off Employees Program and to fund this program from the City of Brooklyn Center's Employees' Retirement Fund until such funds are depleted, at which time the program will be funded from the General Fund. 5. In the event that the City discontinues providing group health insurance coverage for active employees or in the event that the City discontinue this program, all benefits provided for in provision three (3) above paid for by the City will also be discontinued. -24- D D D 4: (FFFPC4C) ~ CITY OF BROOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE B -2 EXECUTIVE POSITIONS ANNUAL SALARY CONVERSION SCHEDULE EXECUTIVE PLAN ----------------------------------------------- - - - - -- CONVERSION S ABLE ------------------------------------------------------------------------------------------ RANGE I RANGE II RANGE III GROWTH PERFORMANCE MERIT ---------- - - - - -- ------------------- - - - - -- --------------- POSITION MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM --------------- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- City Manager Annual: $69,398 $77,563 $78,379 $81,645 $85,727 $86,544 $93,892 Monthly: $5,783 $6,464 $6,532 $6,804 $7,144 $7,212 $7,824 Hourly: $33.237 $37.147 $37.538 $39.102 $41.057 $41.448 $44.967 ----------------------------------------------------------------------------------------- Director of Annual: $56,867 $63,557 $64,226 $66,902 $70,247 $70,916 $76,937 Public Works Monthly: $4,739 $5,296 $5,352 $5,575 $5,854 $5,910 $6,411 Hourly: $27.235 $30.439 $30.760 $32.041 $33.643 $33.964 $36.847 ----------------------------------------------------------------------------------------- Director of Annual: $52,876 $59,097 $59,719 $62,207 $65,317 $65,939 $71,538 Finance /City Monthly: $4,406 $4,925 $4,977 $5,184 $5,443 $5,495 $5,962 Treasurer Hourly: $25.324 $28.303 $28.601 $29.793 $31.282 $31.580 $34.262 ----------------------------------------------------------------------------------------- Chief of Police Annual: $51,504 $57,563 $58,169 $60,593 $63,623 $64,229 $69,682 Monthly: $4,292 $4,797 $4,847 $5,049 $5,302 $5,352 $5,807 Hourly: $24.667 $27.569 $27.859 $29.020 $30.471 $30.761 $33.373 ---------------------------------------------------------------------------------------- Director of Annual: $48,296 $53,978 $54,546 $56,819 $59,660 $60,228 $65,342 Community Monthly: $4,025 $4,498 $4,546 $4,735 $4,972 $5,019 $5,445 Development Hourly: $23.130 $25.852 $26.124 $27.212 $28.573 $28.845 $31.294 ----------------------------------------------------------------------------------------- Director of Annual: $46,424 $51,885 $52,431 $54,616 $57,347 $57,893 $62,808 Recreation Monthly: $3,869 $4,324 $4,369 $4,551 $4,779 $4,824 $5,234 Hourly: $22.234 $24.849 $25.111 $26.157 $27.465 $27.727 $30.081 ----------------------------------------------------------------------------------------- Fire Chief Annual: $44,891 $50,172 $50,700 $52,813 $55,454 $55,982 $60,735 Monthly: $3,741 $4,181 $4,225 $4,401 $4,621 $4,665 $5,061 Hourly: $21.500 $24.029 $24.282 $25.294 $26.558 $26.811 $29.088 ----------------------------------------------------------------------------------------- City Assessor Annual: $44,015 $49,193 $49,711 $51,782 $54,371 $54,889 $59,549 Monthly: $3,668 $4,099 $4,143 $4,315 $4,531 $4,574 $4,962 Hourly: $21.080 $23.560 $23.808 $24.800 $26.040 $26.288 $28.520 ----------------------------------------------------------------------------------------- Liquor Stores Annual: $39,258 $43,877 $44,339 $46,186 $48,495 $48,957 $53,114 Manager Monthly: $3,272 $3,656 $3,695 $3,849 $4,041 $4,080 $4,426 Hourly: $18.802 $21.014 $21.235 $22.120 $23.226 $23.447 $25.438 ----------------------------------------------------------------------------------------- NOTE: The Executive positions are classified as exempt under the Fair Labor Standards Act (FLSA) and are compensated at an annual salary. This schedule converts the annual salary to a monthly salary by dividing the annual salary by twelve months. The schedule converts the annual salary to an hourly equivalent by dividing the annual salary by the normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays & Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1993. This conversion schedule is for informational purposes only and is not an official wage schedule. -25- jD o 'r (FFFPC7C) CITY OF BOOKLYN CENTER 1993 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE C -2 FLSA EXEMPT POSITIONS MONTHLY SALARY CONVERSION SCHEDULE MONTHLY RATE CONVERSION TABLE ---------------------------------------------------------------------------------------- MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY MONTHLY ANNUAL HOURLY - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- - - - - - -- $1,761 $21,132 $10.121 $1,849 $22,189 $10.627 $1,942 $23,298 $11.158 $1,805 $21,660 $10.374 $1,895 $22,743 $10.892 $1,990 $23,880 $11.437 $1,850 $22,202 $10.633 $1,943 $23,312 $11.165 $2,040 $24,477 $11.723 $1,896 $22,757 $10.899 $1,991 $23,895 $11.444 $2,091 $25,089 $12.016 $1,944 $23,326 $11.171 $2,041 $24,492 $11.730 $2,143 $25,717 $12.316 $1,992 $23,909 $11.451 $2,092 $25,104 $12.023 $2,197 $26,360 $12.624 $2,042 $24,507 $11.737 $2,144 $25,732 $12.324 $2,252 $27,019 $12.940 $2,093 $25,119 $12.030 $2,198 $26,375 $12.632 $2,308 $27,694 $13.263 $2,146 $25,747 $12.331 $2,253 $27,035 $12.948 $2,366 $28,386 $13.595 $2,199 $26,391 $12.639 $2,309 $27,711 $13.271 $2,425 $29,096 $13.935 $2,254 $27,051 $12.955 $2,367 $28,403 $13.603 $2,485 $29,823 $14.283 $2,311 $27,727 $13.279 $2,426 $29,113 $13.943 $2,547 $30,569 $14.640 $2,368 $28,420 $13.611 $2,487 $29,841 $14.292 $2,611 $31,333 $15.006 $2,428 $29,131 $13.951 $2,549 $30,587 $14.649 $2,676 $32,117 $15.382 $2,488 $29,859 $14.300 $2,613 $31,352 $15.015 $2,743 $32,920 $15.766 $2,550 $30,605 $14.658 $2,678 $32,136 $15.391 $2,812 $33,742 $16.160 $2,614 $31,371 $15.024 $2,745 $32,939 $15.775 $2,882 $34,586 $16.564 $2,680 $32,155 $15.400 $2,814 $33,763 $16.170 $2,954 $35,451 $16.978 $2,747 $32,959 $15.785 $2,884 $34,607 $16.574 $3,028 $36,337 $17.403 $2,815 $33,783 $16.179 $2,956 $35,472 $16.988 $3,104 $37,245 $17.838 $2,886 $34,627 $16.584 $3,030 $36,359 $17.413 $3,181 $38,177 $18.284 $2,958 $35,493 $16.999 $3,106 $37,268 $17.848 $3,261 $39,131 $18.741 $3,032 $36,380 $17.423 $3,183 $38,199 $18.295 $3,342 $40,109 $19.209 $3,107 $37,290 $17.859 $3,263 $39,154 $18.752 $3,426 $41,112 $19.690 $3,185 $38,222 $18.306 $3,344 $40,133 $19.221 $3,512 $42,140 $20.182 $3,265 $39,178 $18.763 $3,428 $41,136 $19.701 $3,599 $43,193 $20.686 $3,346 $40,157 $19.232 $3,514 $42,165 $20.194 $3,689 $44,273 $21.204 $3,430 $41,161 $19.713 $3,602 $43,219 $20.699 $3,782 $45,380 $21.734 $3,516 $42,190 $20.206 $3,692 $44,299 $21.216 $3,876 $46,514 $22.277 $3,604 $43,245 $20.711 $3,784 $45,407 $21.747 $3,973 $47,677 $22.834 $3,694 $44,326 $21.229 $3,879 $46,542 $22.290 $4,072 $48,869 $23.405 $3,786 $45,434 $21.760 $3,975 $47,706 $22.848 $4,174 $50,091 $23.990 $3,881 $46,570 $22.304 $4,075 $48,898 $23.419 $4,279 $51,343 $24.590 $3,978 $47,734 $22.861 $4,177 $50,121 $24.004 $4,386 $52,627 $25.204 $4,077 $48,927 $23.433 $4,281 $51,374 $24.604 $4,495 $53,942 $25.835 $4,179 $50,151 $24.018 $4,388 $52,658 $25.219 $4,608 $55,291 $26.480 $4,284 $51,404 $24.619 $4,498 $53,975 $25.850 $4,723 $56,673 $27.142 $4,391 $52,689 $25.234 $4,610 $55,324 $26.496 $4,841 $58,090 $27.821 $4,501 $54,007 $25.865 $4,726 $56,707 $27.159 $4,962 $59,542 $28.516 $4,613 $55,357 $26.512 $4,844 $58,125 $27.837 $5,086 $61,031 $29.229 ---------------------------------------------------------------------------------------- NOTE: Th Supervisory - Professional positions are classified as exempt under the Fair Labor Stadards Act (FLSA) and are compensated at a monthly salary. This schedule convert the monthy salary to an annual equivalent by multiplying the monthly rate by twelve month The schedle converts the annual salary to an hourly equivalent rate by dividing the annua rate by to number of normal work hours in the current year. The number of normal work hours is etermined by subtracting Saturdays and Sundays from the total number of days in the year nd multiplying that number by eight hours. There are 2,088 normal work hours in 1993. Ths conversion schedule is for informational purposes only and is not an official wage schedule. -26- FOL FF FPC 10C CITY OF BRO .1 - A tF PLAN SCHEDULE D -2 OKLYN C T 9� POSTTI� t ( ) E(� l� � EE �C FLSA NON- EXEMPT POSITIONS MONTHLY SALARY CONVERSION SCHEDULE HOURLY RATE CONVERSION TABLE ------------------------------------------------------------------------------------------ HOURLY ANNUAL MONTHLY HOURLY ANNUAL MONTHLY HOURLY ANNUAL MONTHLY -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- $7.33 $15,305 $1,275 $7.70 $16,070 $1,339 $8.08 $16,874 $1,406 $7.51 $15,688 $1,307 $7.89 $16,472 $1,373 $8.28 $17,296 $1,441 $7.70 $16,080 $1,340 $8.09 $16,884 $1,407 $8.49 $17,728 $1,477 $7.89 $16,482 $1,373 $8.29 $17,306 $1,442 $8.70 $18,171 $1,514 $8.09 $16,894 $1,408 $8.50 $17,739 $1,478 $8.92 $18,626 $1,552 $8.29 $17,316 $1,443 $8.71 $18,182 $1,515 $9.14 $19,091 $1,591 $8.50 $17,749 $1,479 $8.93 $18,637 $1,553 $9.37 $19,568 $1,631 $8.71 $18,193 $1,516 $9.15 $19,103 $1,592 $9.61 $20,058 $1,671 $8.93 $18,648 $1,554 $9.38 $19,580 $1,632 $9.85 $20,559 $1,713 $9.15 $19,114 $1,593 $9.61 $20,070 $1,672 $10.09 $21,073 $1,756 $9.38 $19,592 $1,633 $9.85 $20,571 $1,714 $10.34 $21,600 $1,800 $9.62 $20,082 $1,673 $10.10 $21,086 $1,757 $10.60 $22,140 $1,845 $9.86 $20,584 $1,715 $10.35 $21,613 $1,801 $10.87 $22,693 $1,891 $10.10 $21,098 $1,758 $10.61 $22,153 $1,846 $11.14 $23,261 $1,938 $10.36 $21,626 $1,802 $10.87 $22,707 $1,892 $11.42 $23,842 $1,987 $10.62 $22,166 $1,847 $11.15 $23,275 $1,940 $11.70 $24,438 $2,037 $10.88 $22,720 $1,893 $11.43 $23,856 $1,988 $12.00 $25,049 $2,087 $11.15 $23,288 $1,941 $11.71 $24,453 $2,038 $12.30 $25,675 $2,140 $11.43 $23,871 $1,989 $12.00 $25,064 $2,089 $12.60 $26,317 $2,193 $11.72 $24,467 $2,039 $12.30 $25,691 $2,141 $12.92 $26,975 $2,248 $12.01 $25,079 $2,090 $12.61 $26,333 $2,194 $13.24 $27,650 $2,304 $12.31 $25,706 $2,142 $12.93 $26,991 $2,249 $13.57 $28,341 $2,362 $12.62 $26,349 $2,196 $13.25 $27,666 $2,306 $13.91 $29,049 $2,421 $12.93 $27,007 $2,251 $13.58 $28,358 $2,363 $14.26 $29,776 $2,481 $13.26 $27,683 $2,307 $13.92 $29,067 $2,422 $14.62 $30,520 $2,543 $13.59 $28,375 $2,365 $14.27 $29,793 $2,483 $14.98 $31,283 $2,607 $13.93 $29,084 $2,424 $14.63 $30,538 $2,545 $15.36 $32,065 $2,672 $14.28 $29,811 $2,484 $14.99 $31,302 $2,608 $15.74 $32,867 $2,739 $14.63 $30,556 $2,546 $15.37 $32,084 $2,674 $16.13 $33,688 $2,807 $15.00 $31,320 $2,610 $15.75 $32,886 $2,741 $16.54 $34,531 $2,878 $15.38 $32,103 $2,675 $16.14 $33,709 $2,809 $16.95 $35,394 $2,949 $15.76 $32,906 $2,742 $16.55 $34,551 $2,879 $17.37 $36,279 $3,023 $16.15 $33,729 $2,811 $16.96 $35,415 $2,951 $17.81 $37,186 $3,099 $16.56 $34,572 $2,881 $17.39 $36,300 $3,025 $18.25 $38,115 $3,176 $16.97 $35,436 $2,953 $17.82 $37,208 $3,101 $18.71 $39,068 $3,256 $17.40 $36,322 $3,027 $18.27 $38,138 $3,178 $19.18 $40,045 $3,337 $17.83 $37,230 $3,103 $18.72 $39,092 $3,258 $19.66 $41,046 $3,421 $18.28 $38,161 $3,180 $19.19 $40,069 $3,339 $20.15 $42,072 $3,506 $18.73 $39,115 $3,260 $19.67 $41,071 $3,423 $20.65 $43,124 $3,594 $19.20 $40,093 $3,341 $20.16 $42,097 $3,508 $21.17 $44,202 $3,684 $19.68 $41,095 $3,425 $20.67 $43,150 $3,596 $21.70 $45,307 $3,776 ----------------------------------------------------------------------------------------- NOTE: The Technical and Clerical positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly wage rate. This schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays & Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1993. The monthly wage is determined by dividing the annual wage by twelve months. This conversion schedule is for informational purposes only and is not an official wage schedule. -27- MASTER LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1993 between the City of Brooklyn Center, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Local No. 82, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: Sergeant Police Officer 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 1 ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Local No. 82. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 82. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Brooklyn Center Police Department. 3.5 EMPLOYER: The City of Brooklyn Center. 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Local No. 82. 3.8 INVESTIGATOR /DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and /or job position of INVESTIGATOR /DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 2 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel, to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 3 ARTICLE VI UNION SECURITY 0 6.1 The EMPLOYER shall deduct the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and /or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 4 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. 5 Stems 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 2 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 3 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER - designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and 6 shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived ". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be 7 extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized - -Step 4 of Article VII or another appeal procedure - -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Brooklyn Center. In the event any provision of the AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this AGREEMENT. Employees promoted from classifications covered by this AGREEMENT to a position outside the bargaining unit will continue to accrue seniority under this AGREEMENT until the 8 completion of their promotional probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this AGREEMENT. Employees lose seniority under this AGREEMENT under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this AGREEMENT after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job- relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full -time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often than every four (4) months. 9.6 One continuous vacation period shall be selected on the basis of seniority until May 15 of each calendar year. 9 ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; C. suspension; d. demotion; or e. discharge. 10.2 Suspension, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and /or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. 10 ARTICLE XII WORK SCHEDULES 12.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a. hours worked on assigned shifts; b. holidays; C. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII OVERTIME 13.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest six (6) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 11 13.7 When uniformed patrol employees have less than twelve (12) hours of duty free time between assigned shifts they will be compensated at a rate of one and one -half (1 -1/2) times the employee's regular base pay rate for the next shift. For purposes of this Article, shift extensions, elected overtime, voluntary changes of shifts, City contracted work, training, and court time are considered as duty free time. 13.8 As an option to monetary compensation for overtime a uniformed patrol officer may annually elect compensatory time off at a rate of one and one -half (1 -1/2) time, and an employee qualifying for investigator differential on a long -term basis may annually elect compensatory time off at a rate of straight time plus one -half (1/2) hour monetary compensation. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the EMPLOYER with prior approval of the EMPLOYER - designated supervisor. 13.9 Employees given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one -half (1 -1/2) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE XIV COURT TIME An employee who is required to appear in Court during their scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the employee's base pay rate. An employee reporting to court after a scheduled "dog watch" shift or any other shift 12 ending between 0300 and 0600 hours, shall receive a minimum of three hours a at one and one -half 1 -1 times the employee's 3 ) ' pay 2 { /) base P Y pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. ARTICLE XV CALL BACK TIME An employee who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1- 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hours minimum. ARTICLE XVI WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII STANDBY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. ARTICLE XVIII UNIFORMS The EMPLOYER shall rovide required uniform and equipment items. P q In addition, the EMPLOYER shall pay to the uniformed officers a maintenance allowance of $85.00 per year. Plainclothes officers including the trainee, shall be paid a clothing allowance of $325.00 per year. 13 ARTICLE XIX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE XX LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1978 the following terms and conditions are effective: 20.1 After four 4 continuous ee O Y ears of c ous each employee P Y shall choose to be paid three percent (3 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (5 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9 %) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 14 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Educational Credits Stated Percentage in Terms of College Pay Ouarter Credits Increment 45 - 89 3% 90- 134 5% 135 -179 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 -year degree is not automatically 180 credits - -or a 2 -year certificate is not automatically 90 credits.) Job - related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job - related seminars, short courses, institutes, etc. shall also be counted. The EMPLOYER shall determine which courses are job - related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78- PN- 370 -A. ARTICLE XXI WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 15 21.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXII DURATION This AGREEMENT shall be effective as of January 1, 1993, and shall remain in full force and effect until the thirty -first day of December, 1994 for all items except that the items of wages and employer insurance payment shall be open for negotiations for calendar year 1994. IN WITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of , 1992. FOR THE CITY OF FOR LAW ENFORCEMENT LABOR BROOKLYN CENTER: SERVICES #82 16 APPENDIX A 1. WAGE RATES - 1993 Police Officer After 36 months of continuous employment ... $3,296.00 per month After 24 months of continuous employment 93% of After 36 months rate After 12 months of continuous employment 86% of After 36 months rate After 6 months of continuous employment 79% of After 36 months rate Starting rate 72% of After 36 months rate Sergeant ... $345.00 above the After 36 months rate for police officer 2. a. Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred fifty dollars ($150.00) per month or one hundred fifty dollars ($150.00) prorated for less than a full month in addition to their regular wage rate: Investigator (Detective) School Liaison Officer Juvenile Officer Paramedic. b. Employees classified by the EMPLOYER to the following job classification will receive fifty dollars ($50.00) per month or fifty dollars ($50.00) prorated for less than a full month in addition to their regular wage rate: Corporal. A -i C. Employees classified by the EMPLOYER to the canine handler classification will receive the following in addition to their regular wage rate: 1) The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. 2) The officer will receive forty -five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. 3) When the officer uses time off (sick, vacation or comp time) for any whole scheduled shift, he must take time equivalent to one -half hour less than whole shift and be paid for whole shift. 4) When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. 5) When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours; he must take the actual time used in leave time. 6) When the dog is out of the care of the canine officer, all the above items do not apply. 3. a. The EMPLOYER will contribute up to a maximum of three hundred dollars ($300.00) per month, per employee, for calendar ear 1993 for general health life long-term disability, Y � g g including dependent coverage. b. If for 1993 the unit employees vote to use thirty dollars ($30.00) of the three hundred dollars ($300.00) per month, per employee, of health and life insurance for dental insurance for all unit A -ii employees, then such thirty dollars ($30.00) can be used to bid out a dental insurance program, provided that the bidding process would be in compliance with State law and that this would not otherwise be precluded by State law. A -iii APPENDIX B 0 This supplementary agreement is entered into between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82 for the period beginning January 1, 1993 and ending December 31, 1994. ARTICLE B -I DEFINITIONS 1. REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for investigator (detective), school liaison officer, juvenile officer, and paramedic; and excluding any other special allowance. ARTICLE B -II VACATIONS 1. Permanent full -time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at 4.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours after fifteen (15) years of service. 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 2. Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. B -i 40 3. Vacation may be used as earned, except that the EMPLOYER shall approve the time at which the vacation leave may be taken. No employee shall be allowed to use vacation leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 4. Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred (200) hours of vacation leave. 5. Employees leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE B -III SICK LEAVE 1. Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety -six (96) hours per year (computed at 3.69 hours per pay period) of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 2. Sick leave shall be used normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents- B -ii in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special use days (32 hours) cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick leave accumulation. 3. Sick leave shall accrue at the rate of eight (8) hours per month or ninety -six (96) hours per year until nine hundred sixty (960) hours have been accumulated (shall be computed at 3.69 hours per pay period) and at the rate of four (4) hours per month or forty -eight (48) hours per year after nine hundred sixty (960) hours have been accumulated (shall be computed at 1.85 hours per pay period). Employees using earned vacation or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers Compensation benefits shall be credited against the compensation due employee's utilizing sick leave. 4. In order to be eligible for sick leave with pay, an employee must: a. notify the EMPLOYER prior to the time set for the beginning of their normal scheduled shift; b. keep the EMPLOYER informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the EMPLOYER. 5. Employees abusing sick leave shall be subject to disciplinary action. B -iii ARTICLE B -IV SEVERANCE 1. An employee shall give the EMPLOYER two (2) weeks notice in writing before terminating his employment. 2. Severance pay in the amount of one -third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate, shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause, severance pay shall not be allowed. ARTICLE B -V HOLIDAY LEAVE 1. Holiday leave shall be granted for the following holidays: New Year's Day Columbus Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day and two (2) floating Labor Day holidays 2. Employees shall receive compensatory time off for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the EMPLOYER. 3. An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veterans' Day, Columbus Day, Martin Luther King's Day, or Presidents' Day shall receive time and one -half (1 -1/2) his regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. 4. Except as provided in B -V paragraph 3 above, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. B -iv ARTICLE B -VI LEAVES OF ABSENCE 1. In cases of demonstrated need and where sick leave has not been abused, the EMPLOYER shall grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence the EMPLOYER will not permanently fill the employee's position and the employee's benefits and rights shall be retained. 2. An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and his compensation for regularly scheduled working hours lost because of jury service. 3. Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the EMPLOYER equal to the difference between his regular pay and his lesser military pay. 4. Employees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status and pay as if such leave had not been taken, subject to the specific provisions of Chapter 192 of the Minnesota Statutes. ARTICLE B -VII AGREEMENT IMPLEMENTATION 1. The EMPLOYER shall implement the terms of this AGREEMENT in the form of a resolution. If the implementation of the terms of this AGREEMENT require the B -v adoption of a law, ordinance or charter amendment, the EMPLOYER shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution or charter amendment. ARTICLE B -VIII FALSE ARREST INSURANCE 1. The EMPLOYER will provide each employee and pay 100% of the premium due thereon, with false arrest insurance provided, however, that the EMPLOYER will not be obligated to contribute to the purchase of coverage for any punitive damage claims which may constitute a portion of such false arrest insurance. In the event that separate coverage cannot be obtained (i.e., for false arrest insurance coverage not including punitive damage claims) then the EMPLOYER shall not be obligated to pay for any premium which may become due for such insurance. In that event, the UNION may on behalf of its members obtain quotes for such insurance, including insurance containing separate coverage for punitive damage claims arising out of false arrest, and the EMPLOYER shall make contribution to the purchase of such insurance as shall be otherwise required according to the first sentence of this Article. ARTICLE B -IX SENIORITY 1. The EMPLOYER shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 2. No time shall be deducted from an employee's seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call -up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. 3. There shall be an initial probationary period for new employees of twelve (12) months. B -vi 4. The EMPLOYER shall give the UNION and the employees at least two (2) weeks written notice in advance of any layoff. 5. The EMPLOYER shall recognize reverse seniority by classification as the primary factor when calling off duty employees to duty and when considering scheduled duty changes if such employees are qualified. ARTICLE B -X TRAINING 1. The EMPLOYER shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, et�sec ., for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three years. The EMPLOYER need not make such reimbursement for attendance at a course located more than 60 miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the EMPLOYER provides in- service training to its employees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Board, and if the EMPLOYER provides its employees with an opportunity to attend such in- service training courses, to the extent that such opportunity is provided to each employee, the obligation of the EMPLOYER to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. 2. The EMPLOYER shall pay each employee his regular salary while attending continuing education courses whether or not such courses attended are in- service training courses or courses given by instructors other than the EMPLOYER. The obligation of the EMPLOYER to pay such salaries shall not exceed a total of 48 hours every three years. B -vii LELS POLICE LOCAL #82/ CITY OF BROOKLYN CENTER 1993 -1994 AGREEMENT 1993 Two year contract 2.9% wage increase $20 increase on insurance (From $280 to $300) Martin Luther King Day as a premium holiday Three hour minimum court time for power and dog watch Clothing allowance for investigator trainee $25 increase in sergeant differential (from $320 to $345) Increase in dental contribution by $10 (currently $20 of monthly health insurance contribution can be directed to the dental policy and that will increase to $30 per month) 1994 wages and insurance open for negotiation LOCAL #49 /CITY OF BROOKLYN CENTER AMENDED 1993 CONTRACT OFFER • One year contract • 2.9% wages • $20.00 /month additional employer insurance contribution • $30.00 /month use toward dental insurance • Add Sewer Jet to Heavy Equipment list 1993 STUDY ISSUES - No contract language • Establishing Maintenance IV classification • Conversion of earned excess sick leave to vacation • Phone calls during call back time • Employer provided uniforms I CITY OF BROOKLYN CENTER Council Meeting Date December 28, 1992 �h Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: APPOINTMENT OF DIRECTOR OF COMMUNITY DEVELOPMENT DEPT. APPR , W� Splinter, Geraldy Manager MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached SUND IARY EXPLANATION: (supplemental sheets attached ) • The City Council, as a part of its consideration and approval of the 1993 budget, reorganized the EDA /HRA and Planning and Inspections departments to a department of Community Development. As a part of this process a new department position was established, that of Director of Community Development. I am recommending the appointment of G. Bradford Hoffman to the position of Director of Community Development. Mr. Hoffman is currently the EDA /HRA Coordinator and is imminently qualified to assume the responsibilities of this position. Because this position is a department head position and the City Charter requires City Council finalization of City Manager's appointment to department head positions I am requesting consideration of the attached resolution. RECOMMENDED CITY COUNCIL ACTION Approve resolution finalizing the City Manager's appointment of Director of Community Development. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A DIRECTOR OF COMMUNITY DEVELOPMENT WHEREAS, the City Council has created a department position of Director of Community Development in the 1993 budget; and WHEREAS, the City Manager has selected G. Bradford Hoffman as the new Director of Community Development effective January 1, 1993; and WHEREAS, Section 6.02, subdivision 3.(a), of the Brooklyn Center City Charter requires the City Council to finalize this appointment by a majority vote of the Council before the appointment becomes official. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager's appointment of G. Bradford Hoffman as Director of Community Development is hereby finalized effective January 1, 1993. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CITY OF BROOKLYN CENTER council Meeting Date 12128192 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: JOINT MEETING OF CITY COUNCIL AND ADVISORY COMMISSIONS DEPT. APPROVAL: A A11. 1111 Geralyn R. arone, Personnel Coordinator MANAGER'S REVIEW/RECONEVIENDATION: No comments to supplement this report Comments below /attached SU EVIARY EXPLANATION: (supplemental sheets attached ) • The human rights and resources commission is in the process of planning a joint meeting of the city council and advisory commissions on February 10, 1993. The commission has requested a budget for the meeting and is requesting council approval. 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. Approximately 75 people would be invited, although it is acknowledged that not everyone could attend. The human rights and resources commissioners have requested that light hors d'oeuvres be served, at a cost not to exceed $500. The tentative format of the meeting is to have the mayor provide some welcoming remarks and then allow each commission chair three to five minutes to introduce its members, talk about what the commission has been working on, and express its goals for the upcoming year. Staff would be asked to give a brief summary of the City's activities. RECOMMENDED CITY COUNCIL ACTION Consider the request from the human rights and resources commission to fund the joint meeting of the city council and advisory commissions in an amount not to exceed $500. CITY OF BROOKLYN CENTER Council Meeting Date 12/28/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION 40 ITEM DESCRIPTION: YOUTH IN GOVERNMENT PROGRAM DEPT. APPROVAL: A 1/7 A . —&� '014 Geralyn R. Barone, Personnel oordinator MANAGER'S REVIEW/RECONMENDATION: No comments is o supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNEVLARY EXPLANATION: (supplemental sheets attached ) The city council has requested the establishment of a youth in government program in which local high school students participate on the City's advisory commissions and city council. This is a progress report on the status of developing this program. Pat Sheehan of Park Center High School already works with the City of Brooklyn Park in such a program and has expressed interest in extending this to Brooklyn Center. However, since she is not teaching political science this trimester, she is unable to participate in the program at this time. Pat is checking with her colleagues to see if one of them would like to establish the program now; otherwise, if she teaches political science in the spring trimester, she would like to participate in this program. Ed Anderson of Brooklyn Center High School was extremely enthusiastic about this program. He teaches ninth grade civics; he feels there is a real need to teach students about local government and feels this would be an excellent opportunity to do so. Ed expects that we may be able to start involving Brooklyn Center High School students as early as January. He is talking with some of his colleagues to determine the level of interest amongst them. The city council needs to discuss several items related to this program before it is finalized. Specifically, these items are as follows: 1. Number of students from each school to participate on each commission. 2. What involvement will the city council have in selecting the students? Do you just take what the schools give you, or do you have some sort of confirmation process? • 3. How would you like this program communicated to students? Do you want someone from the council or staff to explain the program to students? This would involve going to the classes and talking to the students about local government and the opportunity to serve on an advisory commission or the city council. RECOMMENDED CITY COUNCIL ACTION Discuss issues related to establishing a youth in government program. O (REQDEPTS) CITY OF BROOKLYN CENTER Counci l Meeting Date ��. /� Z Agenda Item Number 0 Q � REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1993 BUDGET DEPT. APPROVAL: Paul Holmlund, Director of Finance **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report e Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution adjusts the 1992 General Fund Budget so that no department should exceed its appropriation. This adjustment is necessary because of the eighteen month span of time between budget preparation and the conclusion of the budget year. In the case of most departments listed in section 1, there simply were higher levels of activity than were anticipated and these costs will have to be covered by a transfer from the contingency appropriation. Children's Recreations experienced an increase in receipts to go along with its increased expenditures. Accordingly, the offset to its budget is partially from estimated revenues and partially from the contingency account. Sections 2 & 3 deal with requests by some departments to carry forward appropriations from the 1992 to the 1993 budgets. The attached memo from Sy Knapp explains the reasons for the Data Processing, Street Department, and Parks Maintenance carry over requests. The Community Center request is funds for Hepatitis B vaccinations which were approved for the City's lifeguards and custodial staff in Resolution 92 -180. The vaccination consists of a series of three shots ® administered over a period of time. All of the first and some of the second shots have already been given in 1992. The remaining shots will I be given in February 1993 and will be paid for at that time. The Unallocated Department request is for two items. First is defensive driving classes for City personnel which were recommended by the Safety Committee. The City Council approved $1,500 for this purpose in Resolution 92-211. The classes couldn't be scheduled before winter set in, and we want to offer them after the threat of bad winter weather is past us. Second is for the City Council approved addition of a part - time Communications Coordinator in 1993. Earlier this year, the Council earmarked $8,000 left over from the purchase of a new copy machine to be used for obtaining computer equipment and office furniture for the coordinator. These funds should be carried forward. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM December 17, 1992 TO: Paul Holmlund FROM: Sy Knapp SUBJ: Carry Over of 1992 Budget Funds to 1993 By way of this memo I request that you bring to the City Council my request to carry over funds budgeted in the 1992 General Fund budget for use in 1993. PAVEMENT MANAGEMENT PROGRAM The Council on September 14, 1992 approved resolution umber 92 -215, authorizing the expenditure of $56,320 for development of a pavement management program (PMP). The PMP was to be funded from $26,250 appropriated in Division 120 of the 1992 General Fund budget, and $30,070 from the Municipal State Aid Street Fund, Account No. 2911. Braun Intertec, the vendor for the PMP, is billing the city on a "percent completed" basis. The PMP is now approximately 30 percent complete, and $16,896 has been expended. Therefore, I request that the $9,354 unexpended funds in Division 20 authorized for the PMP be carried over to 1993. Carryover $9,354 from Division 120, Object No. 4551 REFORESTATION Park and Boulevard Replacement Trees The 1992 budget includes $6,250 for planting boulevard and park trees, $3,250 in Division 142, Street Maintenance, and $3,000 in Division 169, Park Maintenance. Earlier this year we informed the Council that an outbreak of the Japanese Tree Beetle had caused a quarantine to be imposed on several area nurseries. This quarantine affected Minnesota Valley Nursery, which submitted the lowest cost proposal for park and boulevard trees. When we learned of the quarantine, we consulted with state Agriculture Department experts, who advised us to delay planting of any trees until Spring, 1993. We informed the Council, who tentatively approved carrying over funds budgeted in 1992 for this purpose to 1993. If this carryover is authorized, we will of course verify with the Agriculture Department that it is safe to plant prior to purchasing any trees. Carryover $3,250 from Division 142, Object No. 4530 Carryover $3,000 from Division 169, Object No. 4235 Reforestation The 1992 budget includes a total of $7,800 for reforestation. $3,000 of that total was earmarked for the Residential Reforestation program. The remaining $4,800 was earmarked as matching funds for a $5,000 grant from the federal Small Business Administration for reforestation. The $5,000 grant will be available for expenditure in Spring, 1993. If the carryover is authorized, the $9,800 will be used to fund a program of boulevard tree planting, in accordance with the terms of the grant. Carryover $4,800 from Division 142, Object No. 4530 Sy Knapp cc: 1992 Budget File Barbara Gallo e: \en \bud et \92ca S S rry (RESDEPTS) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1993 BUDGET ------------------------------------------------------------- WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, Section 7.09 of the City Charter does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, in the course of carrying out city operations during 1992, some departments found it necessary to operate at higher levels of activity than was anticipated in the 1992 budget; and WHEREAS, some expenditures approved in the 1992 budget couldn't be completed due to technical difficulties and the departments are requesting the appropriations be carried forward to the 1993 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. To amend the 1992 General Fund Budget for increased activity. Increase the estimated revenue for Children's Recreation by $5,700. Reduce the appropriation of the Contingency Account in the Unallocated Department by $62,700. Increase the appropriations of the following departments: g P Charter Commission $1,700 Legal Council 6,300 Vehicle Maintenance 50,000 Weed Control 150 Social Services 250 Children's Recreation Programs 10,000 $68,400 2. To amend the 1992 General Fund Budget for amounts to be carried forward to 1993 as follows: Reduce the estimated revenues of the Transfers from Fund Balance Account by $31,354. Reduce the appropriations of the following departments: Data Processing $9,354 Street Department 8,050 Community Center 1,450 Parks Maintenance 3,000 Unallocated Department 9,500 $31,354 3. To amend the 1993 General Fund Budget for amounts to be carried forward from 1992 as follows: Increase the estimated revenues of the Transfers from Fund Balance Account by $31,354. Increase the appropriations of the following departments: Data Processing $9,354 Street Department 8,050 Community Center 1,450 Parks Maintenance 3,000 Unallocated Department 9,500 $31,354 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date December 28.1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING A SUPPLEMENTARY AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF HEALTH DEPT. APPROVAL: Brad Hoffman, EDA do rdinator Al f MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ® SUIVD4ARY EXPLANATION: (supplemental sheets attached ) The resolution before the Council authorizing a supplementary agreement with the State Health Department is necessary o facilitate the transfer of the City's Health Department to Hennepin rY tY P P County. In order to terminate our agreement with the State, a one year notice is required. The effective date of termination is January 1, 1994. The Supplementary Agreement allows the transfer to occur January 1, 1993. This is a housekeeping item necessitated by the elimination of the Health Department. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of resolution. Member introduced the following 0 resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A SUPPLEMENTARY AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF HEALTH WHEREAS, there exists between the State of Minnesota, Department of Health and the City of Brooklyn Center an agreement dated August 1, 1987 which delegates to the City the responsibility for regulating programs covering food, beverage and lodging establishments; and WHEREAS, the City wishes to relinquish its responsibilities under the delegation agreement to Hennepin County; and WHEREAS, the City is required to give one (1) year notice of termination to the State Department of Health, the effective date of which would be January 1, 1994; and WHEREAS, all parties involved have agreed to allow Hennepin County to assume the duties of the delegation agreement on January 1, 1993. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center authorizes the Mayor and City Manager to sign a Supplementary Agreement, a copy of which is attached, transferring all duties and responsibilities of the delegation agreement dated August 1, 1987 to Hennepin County. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly ass n adopted. P y p ed and p d. i r STATE OF MINNESOTA Department of Health SUPPLEMENTARY AGREEMENT WHEREAS, there exists between the State of Minnesota, Department of Health, hereafter "State" and the City of Brooklyn Center, hereafter "City" an agreement dated August 1, 1987, (a copy of which as attached as Exhibit A hereto).which delegates to the City the responsibility for regulatory programs covering food, beverage and lodging establishments; and WHEREAS, the City wishes to relinquish responsibility and the Hennepin Cotinty Board of Health, hereafter "Boar(" wishes to assume responsibility for food, beverage and lodging establishments, as described in the attachments hereto, to be effective January 1, 1993; and WHEREAS, there exists between the State and the Board an agreement dated October 12, 1987, (a copy of which is attached as Exhibit B hereto) which delegates to the Board the responsibility for regulatory programs covering food, beverage and lodging establishments in Hennepin County in cities which have not entered into delegation agreements with the State; and WHEREAS, an agreement has been reached between the City and the Board (a copy of which is attached as Exhibit C hereto) by which the Board will assume _the City's duties undar the agreement dated August 1, 1987 and will continue the level of protection and services currently offered to residents of the City; and WHEREAS, the State will not be adversely affected by the Board's assumption of the duties delegated to the City; THEREFORE, IT IS AGREED that the State will approve the transfer of the responsibilities of the City under the agreement dated August 1, 1987, to the Board. IT IS FURTHER AGREED THAT, pursuant to tha delegation agreement dated October 12, 1987, the Board will assume the responsibilities of the City to the State under the agreement dated August 1, 1987. IT IS FURTHER AGREED THAT all parties will Cooperate in effecting an orderly transfer of said responsibilities and will take such further reasonable administrative steps and execute such paperwork and documents as may be necessary to allow the City to transfer and the Board to carry out the said responsibilities. IT IS FURTHER AGREED that the State will grant the City a variance from the one year notice required in section 9 of - the delegation agreement in order for the transfer of responsibilities to be effective on January 1, 1993. This supplementary agreement is effective on January 1, 1993, and shall remain in effect under the same terms as the agreement dated 1, 1987. MINNESOTA DEPARTMENT OF HEALTH CITY OF BROOKLYN CENTER By: By.- Commissioner Mayor Date: Date: City anager Date: HENNEPIN COUNTY ©DARD OF HEALTH By: By: County minis rator Attest: ZT — erk of he County Board Approved as to form and legality: Assistant ounty A orney Datct CITY OF BROOKLYN CENTER Council Meeting Date 12/28/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk - I A MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on December 28, 1992: GASOLINE SERVICE STATION uperAmerica 6545 West River Road SuperAmerica 1901 - 57th Ave. N. City Clerk POOL AND BILLIARD S TABLES C D L 1317 North Highway 169 Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. City Clerk tDtt- PUBLIC DANCE Larken Inc. d /b /a Holiday Inn 2200 Freeway Blvd. City Clerk 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. Director of Planning and Inspection TAXICAB Blue and White Cab Co. 1304 East Lake Street T - #545 Police Chief 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. -4 City Clerk ilf-. GENE p (Dw \,C GENERAL APPROVAL: P. Page, Deput Jerk