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HomeMy WebLinkAbout1977 09-17 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 17, 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 3:12 p.m. Roll Call Mayor Philip Cohen, Councilmen Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present were Chief of Police Thomas O'Hehir, Deputy Chief of Police James Lindsay, Director of Planning and Inspection Blair Tremere, Chief Custodian Thomas Pfleghaar, and Admini- strative Assistants Ronald Warren, Brad Hoffman and Mary Harty. Deliberate Selection of Mayor Cohen stated that this special session of the City New City Manager Council was called to deliberate the selection of a new city manager. He explained that this process started on June 29, 1977 with the resignation of former city manager Donald Poss and will culminate today with the selection of a new city manager for the City of Brooklyn Center. He commented that the management search effort and the entire selection process has been very professional and compared it to other, less successful, management search endeavors conducted by other communities which had started their search procedures prior to Brooklyn Center's and are still in the process of attempting to name a new city manager. Mayor Cohen complimented members of the City Council for the time they have sacrificed and the efforts they have put forth in this selection process. Councilman Britts commended Loren Lave and Associates for a very unique and goal oriented process. He stated that Mr. Law's efforts have been directed toward trying to find the best candidate to serve the best interests of the City of Brooklyn Center and that because of the four excellent candidates recommended by Mr. Law to the City Council, the decision as to the new city manager will be more difficult than he originally anticipated. Councilman Britts also complimented the Mayor for his leadership in the process and his colleagues on the City Council for their dedication and hard work thus far in the selection process. He stated that because of this dedi- cation and hard work he is proud to serve with the people on the City Council. Councilman Kuefler also commended Mr. Law for the professional and logical approach he has taker in his recommendations to the City Council. He stated that he has enjoyed the process although the toughest part is yot to come, that being the selection of a new city manager. He further stated that there are four excellent candidates for the position and added that he felt the community would be pleased with the City Council's final selection, Councilman Fignar stated that he was convinced that the City Council had done the right thing in retaining Mr. Law for its management search. He stated that the community is already the winner in the selection process because of -1- 9 -17 -77 i the quality of the candidates still being considered for the position. He urged the City staff to accept and support the City Council's selection of a new city manager. Councilman Lhotka stated that this selection process has been an extremely worthwhile and gratifying experience. He complimented members of the City Council and Mr. Law for their efforts. Mayor Cohen requested,that Mr. Law recap the selection process for the benefit of those in attendance at this afternoon's meeting. Mr. Law stated that he has thoroughly enjoyed the selection -process which has been used. He explained that through this process he has had 'the opportunity to get to know better members of the City Council as well as the Ciiy staff. He further stated that this has been a good experience for him as well. He reported that the selection process was a team effort and thanked members of the City Council and the City staff for their input which they had given. He added that he has worked closely with the Acting City Manager who has been an asset in terms of coordinating and providing information needed. He thanked the press for their coopera- tion as well. . Mr. Law then reviewed the management search effort and the selection process which has taken place. He stated that the search process has proceeded, in his opinion, both legally and with high integrity and that the process has been profitable for the City Council, the community, and the City staff. He reported that the first undertaking following the resignation of the former.city manager was to review and evaluate the old city manager position description and to update it in terms of any additional duties and responsibilities. He explained that he had used the City Charter as a basis for developing a recom- mended position description and had also added a number of other responsibilities associated with the, position. He reported that he had conducted one -on -one interviews with members of the City Council, as well as City depart - ment heads regarding their views and perceptions of the responsibilities and duties of a city manager. Following the review of the City Charter and the one -on -one interviews a recommended position description and specifications for the position were reviewed with the City Council at an open meeting on July 18, 1977. He explained that during the meeting the City Council had agreed upon a position description and job specifications for the position of city manager. He explained that the objective of the position is to plan and direct the administration of City functions as established by the City Charter, ordinance, and City Council to insure efficient municipal services and development in line with Council objectives. The position includes overall responsibility for City treasurer functions, city clerk, planning and inspection, public works operation, assessing, finance, police, parks and recreation, volunteer fire protection, and liquor store operation. The city manager is also responsible for advising the City Council regarding the impact of policy decisions, and representing the interests of the City in metropolitan, state and national activities as delegated by the City Council. Mr. Law further .reviewed the major duties and responsibilities of city manager agreed upon by the City Council and used in the position description. 9 -17 -77 -2- Mr. Law also commented on the job specifications for I the position which include qualifications such as educa- tional and personal plus appropriate previous experience. He explained that the city manager position is a position of a generalist and the person filling that position must know about all phases of City government and be able to delegate certain responsibilities to department heads and staff. He pointed out that a city manager must also be, in essence, a good teacher or instructor for persons work- ing under him. He added that the person the City Council is looking for to fill the position must be someone who is still. growing and is not looking fora position just to be comfortable in or to retire in. Mr. Law reported that he had met with the City Council at an open meeting on September 7, 1977 to report on the search efforts and to conduct a brief workshop on how to interview the candidates. He explained that the Council during the last two days has met individually and inter- viewed each of the four candidates recommended for the position. He stated that the City Council members have made personal evaluations based on these one -on -one interviews and have filled out various worksheets and taken extensive notes and are now prepared to deliberate the selection of a new city manager. Mr. Law suggested that the City Council begin its delibera- tion by taking a vote as to their top two choices out of the four candidates. He further suggested that the Council, after the first ballot, vote again, and possibly by the third ballot they will have narrowed their choices to two candidates. He explained that during the deliberation the Council has the prerogative to change its mind and is not necessarily duty bound by any previous vote they might have made. Mayor Cohen pointed out that the Council had previously decided that the selection of the new city manager would be by a unanimous vote and indicated that a number of ballots might be necessary prior to arriving at a unanimous decision. He added that hopefully the Council, through the ballot process, will be able.to narrow down the number of candidates and arrive at a unanimous decision. First Ballot Following a brief discussion the Council proceeded to vote on its two top choices from the four candidates. The votes were passed to the clerk who read the results, which were as follows: Candidate Cohen Britts Kuefler Fignar Lhotka James Merila x Kent McClain x x x x Gerald Splinter x x x x Terry Zerkle x Mr. Law stated that two of the candidates, Kent McClain and Gerald Splinter, had recieved four votes while the other two candidates, James Merila and Terry Zerkle, received one each. Councilman Britts suggested that the City Council look at the strengths of each candidate in further deliberation. -3- 9 -17 -77 Councilman Kuefler stated that it was his opinion that all of the candidates were extremely close in their capability but that the main difference was in previous city manager experience He pointed out that both McClain and Splinter have had at least seven years previous experience as a city manager. He also explained that he rates James Merila high in public works ability, planning ability, and finance ability; and if the City Council were to rule out experience, Mr. Merila would have come out very high on his evaluations, but the City Council had previously agreed on using city manager or assistant city manager experience as a guideline. Councilman Kuefler added that Mr. Splinter has, in addition to these qualities, local experience in the city manager profession and has a good working relationship with the Metro Council, the State of Minnesota, and suburban municipalities Councilman Fignar stated that he had rated Terry Zerkle high because of the number of seminars and professional workshops that he has participated in that cover the overall spectrum of what this City is involved with today. He further stated that he felt this, along with Mr. Zerkle 's education which includes a master's in Public Administra- tion, are beneficial. He also pointed out that Mr. Zerkle is coming from a Chicago suburban community and seems to have a good understanding of labor relations problems and good rapport with the business community, both of which he feels are important. Councilman Fignar stated that Kent McClain comes from Flagstaff, Arizona with a population similar to that of Brooklyn Center but an area of approximately 100 square miles. He pointed out that Flagstaff has a $17 million a year budget, over 300 full - time employees, and Mr. McClain has a good working relationship with that City's police department as well as other City departments. He added that Mr. McClain also has an excellent academic background. Councilman Lhotka stated that he had voted for Mr. McClain and Mr. Splinter. He explained that Mr. Splinter has quite a bit of experience in the public sector and eight years experience as a city manager in North St. Paul. He stated that his financial background and public works background are excellent and that he has been involved in a number of large projects which have been completed. Regarding his planning background, Councilman Lhotka stated that he had developed a comprehensive plan in Plymouth and subdivision and zoning ordinance in North St. Paul. He added that perhaps his weakest area, which is not really a weakness, might be in labor relations. Regarding James Merila, Councilman Lhotka stated that his strong points are in public works, planning, and because of the recent budget that he had put together, finance. Council - man Lhotka stated that Terry Zerkle is strong in the financial area, public works, planning and has been involved heavily in labor relations. He stated that Mr. McClain's strong suit is in finance. He concluded by stating that all four of the candidates are excellent. Councilman Britts stated that he felt all four of the candidates had excellent backgrounds for the position and had satisfactorily answered the questions put to them during the one -on -one interviews. He explained that he had voted for Mr. McClain and Mr. Splinter based primarily on their experience because this was a 9 -17 -77 -4- criteria established by the City Council. He stated that Mr. McClain has seven years experience in Flagstaff and seems to be strong in the financial, public works, and planning areas in addition to a number of courses in public sector management. He added that Mr. McClain seems to be generally interested in this community in that he had taken the opportunity prior to the interviews to come to Brooklyn Center and actually sat through a City Council meeting. Regarding Mr. Splinter, Council - man Britts stated that he has eight years experience as city manager in North St. Paul, a good academic background has artici ated in two major ark developments, x eri- p p J p p e p ence in grantsmanship, program budgeting, affirmative action, labor relations and had reorganized the public works department in North St. Paul. He added that Mr. Splinter is also on the board of the Learning Center for Handicapped in North St. Paul. Regarding Mr. Zerkle, Councilman Britts stated that he has an excellent academic background and experience. Regarding James Merila, Councilman Britts stated that he has done an excellent job while being acting city manager and has demonstrated an ability to work well with people. Councilman Britts stated that to be objective in this decision he felt that experience was the key factor and that Mr. McClain and Mr. Splinter seemed to have more experience than the other two candidates. He added that he too felt that any of the four could be the city manager and do a creditable Job. Mayor Cohen stated that he had voted for James Merila because of his excellent public works and administrative background. He added that he has seen something within the past two months which has impressed him about Mr. Merila, that being his ability, within a short period of time, to take hold of a challenge and shift from his responsibilities as public works director into administra- tion of the City. He commented that he also looked at the candidates regarding their availability and knowledge of local, state and metropolitan affairs. He stated that Mr. McClain had good strengths in finance, planning and an excellent academic background. He pointed out that he favored Mr. Splinter because of his knowledge of local affairs. He concluded by stating that all of the candidates have excellent backgrounds and qualifications. A brief discussion ensued relative to the first ballot and the strengths of each of the four candidates. Recess The Brooklyn Center City Council recessed at 4:25 p.m. and resumed at 4:39 p.m. Mayor Cohen requested Mr. Law to review the background information and positive points of each of the candidates that were developed by his firm during the search process. Mr. Law proceeded to review the backgrounds of each of the four candidates. He stated that he has learned a lot about Mr. Merila within the past few months as he has served in the capacity of acting city manager for Brooklyn Center. He stated that Mr. Merila is among the top 10 % of public works administrators, has a good name in the field of public works, and is very strong in terms of being able to deal with people. '� -5- 9• -17 -77 He reported that Mr. Zerkle is, in his opinion, a "diamond in the rt?ugh He stated that he has high integrity, is an innovator, has good potential and is a real comer. He added that Mr. Zerkle has grown tremendously within the past few years. Regarding Mr. Splinter, Mr, Law stated that he has had the opportunity to meet with Mr. Splinter's wife and feels that he is a real family person and a hard worker. He stated that he is originally from the State of Iowa and was educated at Iowa University earning a master's of Public Administration at that institution. He stated that following college he did intern work at Ames, Iowa and later became an administrative assistant and then assistant to the city manager at Ames, Iowa. He reported that Mr. Splinter came to the Twin Cities area and worked first at the City of St. Louis Park serving as assistant to Cam Andre, the city manager of St. Louis Park at the time. He further stated that Mr. Splinter spent two years at St. Louis Park before accepting the position of clerk /administrator at Plymouth. He added that he served in that capacity at Plymouth for three years prior to accepting the position of city manager in North St. Paul. He stated that he has been at North St. Paul for the last eight years and has accomplished quite a bit in that community. He reported that Mr. Splinter feels that he has made his mark in North St. Paul and would like to move to a larger community which would be a bigger challenge. Mr. Law stated that Kent McClain was born in the State of Oklahoma and grew up in Wyoming where he met his wife and went to the University of Wyoming and received his undergraduate degree: He stated that following college he worked first as assistant to the city manager in Laramie, Wyoming. He added that he entered the military, attended OCS school and was assigned with the infantry in Vietnam. He pointed out that Mr. McClain had received much experience in personnel work while in the military. following his military career Mr. McClain returned to work at the City of Laramie and then attended graduate school at the University of Kansas, where he received his master's of Public Administration. Following graduate school Mr. McClain worked as an intern at Fort Worth and received an excellent background in financing and zero based budgeting. He stated that Mr. McClain served as the city manager in Vermillion, South Dakota for three years prior to accepting the city manager position in Flagstaff, Arizona where he is presently employed. Mr. Law commented on Mr. McClain's planning background and the fact that he had consoli- dated a community development division at Flagstaff. Mr. Law stated that both Mr. Splinter and Mr. McClain have good experience in dealing with other levels of government. In response to an inquiry by Mayor Cohen Mr. Law stated that Gerald Splinter would be available for the position on October 17 and that Kent McClain would be available on November 1, 1977. Councilman Fignar suggested that the City Council consider eliminating the two candidates that had only received one vote duiing the first ballot and then proceed to vote again. Mayor Cohen suggested that only one vote be given during the second ballot for 9 -17 -77 -6- one candidate. It was the consensus of the Council to proceed to a second ballot regarding the city manager selection. Second Ballot Following further discussion the Council proceeded to vote again on the selection of a city manager. The votes were passed to the clerk who read the results, which were as follows: Candidate Cohen Britts Kuefler F!_ Lhotka Kent McClain x x Gerald Splinter x x x Councilman Britts stated that he felt he could have voted for Mr. McClain just as well as he had voted for Mr. Splinter. He stated that the difference between the two candidates is very close and suggested that possibly the City Council would like to call each of the two candidates in to talk further with them, Mayor Cohen stated that he did notlavor bringing the candidates back into the Council Chambers at this time, but rather to further deliberate the attributes of the two gentlemen. Councilman Kuefler proceeded to review what he felt were the comparable attributes of the two candidates. He stated that regarding education both Mr. Splinter and Mr. McClain were equal. Regarding experience he stated that Mr. McClain has approximately seven to eight years experience as a city manager in two communities while Mr. Splinter has eight years of experience as a city manager in one community. He added that both candidates rate good or about the same in the areas of finance and public works knowledge, but that he would have to give Mr. Splinter the edge in the area of planning. He also pointed out that both have good or similar backgrounds in labor rela- tions. He further stated that Mr, McClain seems to have a slight edge in pursuing professional aspects of the city manager profession while Mr. Splinter is available at a sooner date and has a better knowledge of the local area including state, metropolitan, and local governments. He explained that for this reason he favored Mr. Splinter over Mr. McClain. Councilman Britts agreed with Councilman Kuefler's evalua- tion and stated that it was very difficult to make a decision regarding the two. Mayor Cohen stated that the reason he favored Mr. Splinter over Mr. McClain was his knowledge for local, metropolitan and state affairs. He added that he liked Mr. McClain's views and philosophies on public safety ana other areas, but that he feels the tie - breaker is Mr. Splinter's avail- ability and his knowledge of the area. Councilman Fignar stated that Mr. McClain had demonstrates{ to him innovative abilities. He explained that in Flagstaff, Arizona there is a large minority group area and that there had been some major problems with this minority group and the police department which Mr. McClain was able to address and satisfactorily turn around. He added that t -7- 9 -17 -77 perhaps by going away from this area to select a new city manager the Council might well be bringing in new or innovative ideas. Councilman Britts commented that the Council was not duty bound by any previous vote taken and requested Councilman Fignar to elaborate on the point he had just made regarding the minority problems that Mr. McClain had dealt ;Kith. Councilman Fignar stated that because Flagstaff, Arizona is a college town they have a relatively large police depart - ment. He added that Mr. McClain had informed him that there were definite cases of police brutality involving members of the department and various minority groups. He stated that Mr. McClain had changed the situation in Flagstaff, Arizona and addressed this problem without a change of personnel. He added that the Spanish American people In Flagstaff, Arizona no longer are afraid to approach the police department with their problems. He concluded that this is something that he liked about her. McClain and one of the reasons he favors his selection. Councilman Kuefler inquired of Mr. -Law if he had sought out either of these two applicants on his own or if they had approached Mr. Law's firm regarding interest in the Brooklyn Center position. Mr. Law responded that both of these candidates had approached his firm following advertisement of the position and neither of the candidates were sought out. Following further discussion the Council proceeded to vote Third Ballot again on the selection of city manager. The votes were passed to the clerk who read the results, which were as follows: Candidate Cohen Britts Kuefler Fignar Lhotka Kent McClain x x Gerald Splinter x x x Further discussion ensued relative to the two candidates with Councilman Lhotka stating that he favors Mr. Splinter due to his availability and knowledge of the state, metro- politan and local areas and this was the reason he had switched his vote. Councilman Britts stated that Mr. McClain seems to have a knowledge of what has to be done both staffwise and citywise in terms of administering a city. He added that what Councilman Fignar had said prior to the vote regarding the way Mr. McClain had addressed a police department /minority problem did much also to sway the change in his vote. Mr. Law stated that the Council seems to be at the point where they feel that either of the men could adequately handle the job. He suggested that perhaps a motion might be in order to appoint one of the two i men city manager. Following further discussion there was a motion by Action to Offer the Councilman Kuefler and seconded by Councilman Lhotka City Manager Position 'to offer Gerald G. Splinter the position of city manager to Gerald G. Splinter of the City of Brooklyn Center. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unanimously. 9 -17 -77 -8- Mayor Cohen commented that he felt the Council's decision was a positive decision in that the Council was trying to find the best possible candidate for the position of city manager- He added that he has the highest respect for all of the candidates and that he felt each one of the candidates could have done an outstanding job as Brooklyn Center's city manager. Mr. Law stated that he felt it would now be appropriate to discuss a financial package to offer to Mr. Splinter. He explained that he has had "the opportunity to sit down with each of the four, candidates, following their one -on -one interviews with members of the City Council, to discuss what they expect in terms of salary and other conditions of employment. He pointed out that he had used Resolution No. 76-189, which set forth the conditions of employment for the former city manager as a guideline, as well as the position description and job specifications agreed upon by the City Council. He stated 'that it is the City Council's desire to use the resolution format as a means of setting forth the conditions of employment for •the new city manager rather than to enter into a formal contract. Regarding terms and conditions of appointment, Mr. Law stated that Mr. Splinter would like the City Council to consider the following: 1 . The effective date of employment as October 17, 1977. 2. That he would be expected to meet and perform the duties and obligations of the position set forth in - the City Charter and in Chapter 6 of the City Ordinances. 3. A salary of $35,000 per year. 4. He would prefer a car allowance but is agreeable to the present City policy of 24 hour use of a City vehicle for City business. 5. Three weeks vacation in the first year and succeeding years until he fits into the regular City vacation schedule. A 12 day advancement on sick leave, noting that he has accumulated quite a bit of sick leave in his former position in North St. Paul and desires this advancement only if the need should arise. After the first year he would be included in the normal City schedule for sick leave benefits. The normal number of holidays provided all City employees. 6. The City would provide full premium cost for family coverage under the City's Group Health Plan and - the full premium cost for life insurance based on the City's sliding schedule for life insurance based on his annual compensation. 7. He agrees to move to the City of Brooklyn Center within 12 months of his effective date of employment. -9- 9 -17 -77 8. The City to provide the moving expenses for his household goods from North St. Paul to Brooklyn Center. 9. In 'the event of resignation, he would provide - the City Council with at least 30 days notice prior to the effective date. 10. In the event of dismissal by the City Council, he would expect 30 days notice in advance of the effective date of dismissal and that he be furnished with a written statement of the reasons therefor, and further, shall be granted a hearing thereon if requested. 11. In 'the event of voluntary resignation or death, he, or his survivors, would expect to receive sever - ance based on accumulated and uipaid vacation leave. 12. In - the event of involuntary resignation or dis- missal, he would expect accumulated and unpaid vacation and three month's salary, except if 'the involuntary resignation or dismissal was for cause such as dishonesty, misappropriation of funds, or embezzlement. Mayor Cohen commented that in going through Mr. Splinter's application for - the position he noted that he had originally requested $34,000 per year rather than $35,000. Mr. Law stated that $35,000 was arrived at by Mr. Splinter following his one -on -one interviews with the Council and a re- evaluation of the duties and responsibilities. Council - man Fignar inquired if - three weeks vacation was normal for a person just starting a position. Mr. Law responded that - this was a normal figure in lieu of the amount of experience that Mr. Splinter has. Councilman Britts pointed out •that the vacation policy for other City employees is for two weeks vacation at the start of employment. Councilman Fignar commented that a $35,000 a year salary for Mr. Splinter would mean an increase of between $7,000 and $8,000 a year and stated - that this might be excessive. A brief discussion ensued relative to an annual salary and the amount of vacation time to be offered the new city manager. Councilman Kuefler suggested that the Council look at other portions of the financial package and terms of employment, and agree to those first and then come back to the salary and vacation question. Following further discussion it was the consensus of the Council to offer Mr. Splinter the following items as portions of the financial and fringe benefit package for city manager: 12 days of sick leave per year with the first year sick leave being advanced to Mr. Splinter if the need should arise; a fully paid hospitalization plan in accordance with - the City's current health plan; fully paid life insurance premiums for term life insurance based on the City's group life insurance plan with the sliding scale based upon salary; a 12 month residency requirement; moving expenses for household goods based upon receipted vouchers in accordance 9 -17 -77 -10- with the best quotation received; the city manager provide 30 days notice prior to resignation; the city manager be given 30 days notice prior to his dismissal by the City Council; the city manager, or his survivors, would be entitled to unpaid accrued vacation if he voluntarily resigns or should die; the city manager would be entitled to unpaid accrued vacation and three months salary in the event of involuntary resigna- tion or dismissal, except for cause. Further discussion ensued relative to salary and vacation benefits for the new city manager. Councilman Britts stated that he felt a salary of $33,000 and two weeks vacation would be a fair offer. He pointed out that this would be an approximate 10% salary spread between the highest paid department and the new city manager's salary. Councilman Lhotka stated that he favored a salary of $34,000, stating that he felt this would be equitable with the understanding that the salary would not be reviewed until January, 1979. Councilman Kuefler stated that he felt that five additional days vacation may well be more important to Mr. Splinter than the extra $1,000 in salary. He suggested that the offer be 15 days vacation and a salary of $33,000. Mr. Law stated - that the Council, - thus far, has been very generous in their offer in terms of sick leave, hospitaliza- tion, and life insurance in addition to moving expenses. He pointed out that Mr. Splinter expected, upon salary review within the next two or three months, to be making approximately $30,000 per year. He added that if you look at this salary in terms of promotional increases, the increase to $34,000 a year annually would be approximately 12% which would not be out of line. He further stated that the problem of offering $33,000 a year is that there is not a great differential between the City Manager's salary and that of the highest paid department head. Councilman Britts stated that he still felt the $33,000 salary figure should be offered and that he did not consider the starting salary in the same light as a promotional increase in that Mr. Splinter is coming to Brooklyn Center from another community with no real ex- perience of this community. Mayor Cohen stated that he agreed with Councilman Lhotka that the starting salary should be $34,000. Following further discussion it was suggested that Mr. Splinter be offered, in terms of salary and vacation, either $34, 000 a year and ten days vacation or $33, 000 a year and fifteen days vacation. Councilman Lhotka pointed out that the new city manager's salary should not be reviewed again until January 1, 1979. This was agreeable to the City Council. It was the consensus of the City Council to direct Mr. Law to present the financial package to Mr. Splinter for his response. Recess The Brooklyn Center City Council recessed at 6:10 p.m. and resumed at 6:25 p.m. Mr. Law reported that Gerald Splinter was happy to receive the appointrncnt of the City Council and desired to have his salary at $34,000 a year, to be reviewed by January 1, 1979, and to accept two weeks vacation. -11- 9 -17 -77 Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -168 RESOLUTi0,1 APPOINTING GERALD G. SPLINTER AS CITY MANAGER AND SETTING FORTH CONDITIONS OF EMPLOYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar and upon vote being taken thereon the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mr. Law then brought Mr. Gerald Splinter into the Council Chambers and tie Mayor formally presented the terms and conditions outlined in Resolution No. 77 -108.- Mr. Splinter agreed to and accepted the terms and conditions of the appointment to City Manager. A brief discussion ensued between Mr. Splinter and members of the City Council with it being explained by Mayor Cohen that the appointment was a unanimous decision on the part of the City Council. Mr. Law then brought in the remaining three candidates, Kent McClain, Terry Zerkle , and James Merila. Mayor Cohen, addressing the three unsuccessful candidates, stated that the decision as to the appointment of a new city manager was not an easy decision for the Council to make . He stated that following the one -on -one interviews with the candidates and members of the City Council he realized it would be a very tough decision 'to make. He commended all of the candidates for their efforts in making this appointment a success. . He expressed his appreciation to James Merila for his dual role as Acting City Manager and Director of Public Works during the interim period. He also thanked Mr. Zerkle and Mr. McClain for their participation and stated that he hopes they will find a manage- ment position in the suburban Twin City area. He reiterated that it was a very difficult decision for the City Council to make and that the Council, during their deliberation, had often stated that they felt that anyone of the four candidates could have adequately performed the duties and responsibilities of city manager. He concluded by stating that he would like to send to each of the candidate's respective Councils, a letter informing them that the City Council of Brooklyn Center holds these gentlemen in high regard. Councilman Britts stated `that he too felt anyone of the four candidates could have performed the job adequately. He too thanked James Merila for the job he has done in the interim and encouraged the unsuccessful candidates to continue 'their pursuit. Councilman Fignar stated that it was a pleasure to interview and get to know each of the four individuals better. He commended James Merila on the job he has done during the interim period and stated that he was sure that Mr. Merila would be a tremendous help to the new city manager. Councilman Lhotka stated that on one hand the four candidates had made -the decision as to the view city manager an easy decision, in that all were well qualified and the Council was convinced that the City, 9-17-77 -12- regardless of which candidate was successful, would be the winner. He pointed out on the other hand the qualifica- tions of each of the four made the Council's decision that much tougher. Councilman Kuefler stated that during the interview process one of the things that was looked for in the candidates was a strong interest in their profession. He stated that all of the candidates had a true interest in their profession and that he did not feel they would have any problem being a success in - the future. Mayor Cohen also complemented Loren Law for the tremendous job that he had done and added that he did not feel the City could have arrived at a decision as to its new manager in such a short period of time if Mr. Law had not been retained. Following further discussion there was a motion by Councilman Lhotka and seconded by Councilman Britts to direct the Mayor to send letters expressing the Brooklyn Center City Council's high regard for Kent McClain and Terry Zerkle, who had participated in 'the selection process, to their respective City Councils. Vo•ting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar•and Lhotka Voting against: none. The motion passed unanimously. Mayor Cohen encouraged - the unsuccessful candidates to use the City Council of the City of Brooklyn Center for purposes of references if they are pursuing other management positions. Adjournment Motion by Councilman Britts and seconded by Councilman Lhotka to adjourn the meeting. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 6:45 p.m. ler Mayor • -13- 9 -17 -77