HomeMy WebLinkAbout1977 06-27 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY Or
HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
JUNE 27, 1977
CITY HALL
Call to Order The Brooklyn Center City Council met in special session
and was called to order by Mayor Philip Cohen at 7 :30 p.m.
Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar and
Lhotka. Also present were City Manager Donald Poss
City Attorney Richard Schieffer, Fire Chief Ronald Boman,
and Administrative Assistants .Brad Hoffman, Mary Harty,
and Ronald Warren.
Mayor Cohen announced that this special session of the*
City Council was called to formally accept the resigna-
tion of the City Manager, to appoint an interim City
Manager, and to deliberate the procedures for replacing
the present City Manager. He stated that agendas for
this evening's special session of the City Council were
distributed to approximately 65 people and passed around
a list containing names of those receiving the agendas.
He further stated that notice of the meeting was posted
on the City Hall message board at 10:30 a.m. June 24,
1977, and that reporters from the Brooklyn Center Post
and the Minneapolis Star and Tribune were also notified
of this evening's meeting. He added that he had contacted
the City's Open Meeting Law attorney and had explained
the manner in which notice for this meeting was given.
Mayor Cohen stated that the attorney had expressed the
opinion that the City was in compliance with notice
provisions of the Open Meeting.Law.
City Manager's The first item of business on the agenda was considera-
Resignation tion of the City Manager's resignation. The City Manager
requested that the City Council formally accept his
resignation as per the details of his letter of resignation
dated June 23, 1 977 to be effective July 23, 1977.
Action Accepting City Following a brief discussion there was a motion by Council -
Manager's Resignation man Britts and seconded by Councilman Lhotka to accept
the resignation of Donald G. Poss as City Manager
effective July 23, 1977. Voting in favor: Mayor Cohen,
Councilmen Britts Kuefler, Fignar, and Lhotka. Voting
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against: none. The motion passed unanimously.
Action Requesting Motion by Councilman Kuefler and seconded by Council -
Commendation man Britts to direct the staff to prepare a resolution
commending the City Manager for his outstanding service
to the City of Brooklyn Center. Voting in favor: Mayor
Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka.
Voting against: none. The motion passed unanimously.
Interim City Manager The City Manager reported that there a number of items
that must be addressed between the time of his effective
date of resignation and the time when a new City Manager
would brought on board. He stated that for this reason
he feels the Council should consider designating a
member of the City staff 'to be interim City Manager until
a permanent replacement is found. He further stated that
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the July 11 1977 City Council agenda i^ expected to be a heavy
agenda and that there are a number of oti or housekeeping type
items which may demand the calling of a special City Council
meeting on July 18, 1977.
Regarding a recommendation for an Interim City 'Manager, the
City Manager stated that he had discussed the matter with
some members of his staff regarding their interest in serving
as Manager during the interim period. He explained that some
were interested in serving as Interim Manager while others
were not and added that none he was aware of are interested
in seeking the full -time City Manager position. The City
Manager further explained that he had also limited his considera-
tion of an Interim Manager recommendation to someone who was
familiar with City Council proceedings as well as the functions
of the various departments within City government. He recom
mended that the City Council consider additional compensation '
for the person who serves as Inter Manager because that person
would be assuming additional duties requiring much more time
and effort. The City Manager then recommended James R. Merila,
Director of Public Works, as Interim City Manager,
A brief discussion ensued relative to the City Manager's recom-
mendation with Mayor Cohen stating that he felt that $200 a
month would be appropriate additional compensation for `4he
Interim City Manager. Councilman Kuefler inquired•as to the
effect this designation would have on Mr. Merila's work as
Director of Public Works. The City Manager responded that
the Director of Public Works' staff is at full strength and .-hat
although the task will be difficult and require contribution of
additional time, he feels he will be able to handle both jobs
adequately during the interim period.
Following further discussion there was a motion by Councilman Tentative Designation
Iritts and seconded by Councilman Figr_ar to tentatively desi gnate of Interim City Mana
James R. Merila as interim City Manager and to direct the
City Manager to prepare a resolution declaring this designation
and setting forth the terms and conditions of this interim appointL_
ment for the City Council's adoption at the July 11 , 1977 City
Council meeting. Voting in favor: Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Lhotka. Voting against: none.
The motion passed unanimously,
Mayor Cohen introduced the next item of business on the agenda,` Selection Procedures
that of deliberating the procedures to be utilized in selecting a for ive� City Ma_iager
new City Manager. He stated that following receipt of the City
Manager's letter of resignation on June 23, 1977, he contacted
Loren Law the Mayor of Richfield and the head of Loren Law
Associates, a management search company that specializes
in recruiting City Managers. He further stated that Mr. Lair
had forwarded background information relative to the consulting
- service his firm provides. Mayor Cohen distributed the informa-
tion to members of the City Council and reviewed the information
containeu .
Mayor Cohen commented that the City is beginning its search
for a new City Manager at a time when a number of other cities
such as Edina, Minnetonka, St Louis Park, New Brighton and
others are also looking for City Managers. He stated that he
felt the City should conduct a nation -wide search to fi1A Ole
vacancy and explained that the City Council is faced wit'n two
basic options for proceeding with the selection process; either
attempt to conduct the search ourselves or retain a consultant
to assist in the matter. He further stated that the stagy -Lard
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cost of retaining a management search consultant is
generally 25% of the manager's base salary plus "out
of pocket expenses that are incurred during the recruit -
ment procedure. He added that the cost to the City of
Blaine, which had recently utilized Loren Law Associates
for obtaining a new City Manager, was approximately
$10,200.
Mayor Cohen reported that Mr. Law has indicated that
the best time to attract potential City Managers is prior
to the time school starts in the fall, thus, enabling
the family to get settled. He further reported that
Mr. Law is prepared to undertake this endeavor
immediately and can hopefully provide candidate recom-
mendations by mid September if the City Council is
prepared to choose this option.
Mayor Cohen expressed the opinion that the search for
a manager should commence immediately and that due
to the requirements of Equal Employment Opportunity,
the Open Meeting Law, the Data Privacy Law, and other
laws and regulations affecting recruitment the Council
should retain a professional management search consul-
tant. He recommended that the City Council take action
to retain Loren Law Associates for this purpose
Mayor Cohen further reported as to the procedures
utilized by Mr. Law during his search process which
include: individual meetings with each Councilman
separately to determine their perspectives as to the
requirements of the position; a public meeting with
the Council as a whole to determine a collective
insight into the City Council's perceived duties and
responsibilities of a City Manager, and to discuss
salary and benefits for the position; various reports
and possibly other meetings; and finally recommendations
to the City Council of three or more candidates for City
Manager. The Mayor reiterated the importance of uti-
lizing a process that provides equal opportunity, data
privacy, openness, and also City Council input, and
added that Mr. Law's credentials suggest such a
professional approach, assuring that a well - qualified
candidate can be brought on board as soon as possible.
A lengthy discussion ensued relative to the Mayor's
recommendation. In response to an inquiry by Council-
man Fignar, Mayor Cohen stated that Mr. Law would
meet individually with each Councilman to gain their
insights but that there would be no closed meetings
of the City Council regarding this process. He added
that Mr. Law is very cognizant of the requirements of
the Open Meeting Law. Councilman Fignar further
inquired if the selection of a City Manager requires a
unanimous vote of the Council. Mayor Cohen responded
that only a majority vote is required to appoint a City
Manager, but that Mr. Law would not recommend a '
person to the City Council if he felt that person would
not be appointed unanimously by the City Council. In
response to a question, the City Manager pointed out
that Mr. Law attempts to synthesize the opinions of
Councilmen to find a manager that is acceptable to the
City Council as a whole.
Councilman Fignar also questioned if Mr. Law is
presently engaged in recruiting City Managers for other
municipalities. Mayor Cohen responded that Mr. Law
was not presently so engaged, and has assured that
a
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he would make this a full -time effort wh. { ^h would involve
approximately 300 man - hours.
i
In response to an inquiry, the City Manager stated that the
r
recruitment and selection of a Manager fo' a City of over
30,000 population is a major undertaking that is very time
consuming and demanding. He explained that in towns
of less than 10•,000 population it .is not uncommon for the
Council to undertake the process although they often seek
the consultation and assistance of neighboring City Managers
in their selection process. He speculated that Brooklyn
Center could receive between 250 and 400 applications for
the position which would be a very time consuming chore
for the City Council to just review.
Councilman Kuefler concurred with Mayor Cohen's
comments about the urgency of appointing a new City
Manager. He stated that there will be a number of
pressing issues before the City Council such as the budget,
critical areas planning, the mandatory Comprehensive
Planning Law, in addition to the regular City Council busi-
ness that warrants the attention of a full -time Manager.
He commented that he likes the professional approach of a
management search consultant and favors going with Loren
Law Associates for these reasons, and also because it is
a local organization with an understanding for our concerns
and problems.
Councilman Fignar concurred with the idea of hiring a pro -
fessional management search consultant, stating that the
City Council would in all likelihood itself expend the
vast majority of any fee paid to a consultant if it were to
undertake such an effort itself. He further stated that
normally when the City Council considers expending funds of
this magnitude for equipment or other purchases, the City
takes bids or quotations. He suggested that the City Council
might want to look further to determine the competitiveness
of consultants of this type. Mayor Cohen responded that
he doubted that the fees would vary much between consultants
and added that there are few firms in this area that do this
type of consulting work, and that he is not aware of any
others that have done management. searches for communities
the size of Brooklyn Center.
Councilman Britts stated that he is not opposed to retaining
a management search consultant because none of the members
of the City Council have ever been involved in such a process
before and also the City Council does not have the time to
adequately address the matter of recruiting a new City Manager
itself. He further stated that there must be other firms of
this type available locally and added that he favored spending
a little time, because of the expenditure involved, in reviewing
what other firms are available and their costs. He explained
that he feels this way because the Council has tentatively
appointed a capable interim City Manager and that the present
City Manager will not be leaving for a month which would
give the City Council time for further review.
Councilman Lhotka concurred with Councilman Fignar and Britts,
and stated that there should be further review relating to the
costs of other consultants He added that he too favors utilizing
the management search approach.
In response to an inquiry by Mayor Cohen, the City Manager
stated that retaining consultants is not subject to bids by
statute.
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Mayor Cohen stated that the City Council must also
consider the reaction of the City staff to any delay
in the selection of a replacement for the City Manager.
He cautioned that to delay runs the risk of losing
present members of the staff because of the uncertainty
of the entire matter. He added that as was indicated
earlier there are a number of other cities also looking
for City Managers presently and expressed the opinion
that the decision regarding the consultant should be
made this evening.
Further discussion ensued relative to how the City
Council should proceed with the selection of a new
City Manager with it being the consensus of the City
Council that its members should contact other City
Councils that have utilized Mr. Law's firm as to their
satisfaction with the process and to see if there are
other available consulting firms for a report and a
decision at a special meeting to be held on Wednesday
evening, June 29.
Action Continuing Motion by Councilman Lhotka, seconded by Councilman
Special Meeting Fignar to continue the special meeting until Wednesday,
June 29, 1977 at 7 :30 p.m. to deliberate the final
selection procedures for a new City Manager. Voting
in favor: Mayor Cohen, Councilmen Britts , Kuefler,
Fignar, and Lhotka. Voting against: none. The motion
passed unanimously. The meeting adjourned at 8 :30 p.m.
f ,
Cle k Mayor
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