1 REGULAR BROOKLYN PARK CITY COUNCIL MEETING Monday, April 21, 2014 Brooklyn Park Council Chambers 7:00 p.m th Avenue North Greetings to the City Council (DVD) Carol Newmann CALL TO ORDER Mayor Jeffrey Lunde PRESENT: Mayor Jeffrey Lunde; Council Members Rich Gates, John Jordan, Elizabeth Knight, Peter Crema, Bob Mata and Mike Trepanier; City Manager Jamie Verbrugge; City Attorney Jim Thomson; Acting Community Development Director Mike Sable; Finance Director Cory Kampf, and City Clerk Devin Montero. ABSENT: None. Mayor Lunde opened the meeting with the Pledge of Allegiance. 2A RESPONSE TO PRIOR PUBLIC COMMENT None. 2B PUBLIC COMMENT None. 3A MOTION GATES, SECOND CREMA TO APPROVE THE AGENDA AS SUBMITTED BY THE CITY CLERK. MOTION PASSED UNANIMOUSLY. 3B1 Mayor Lunde read a proclamation declaring April 25, 2014 as Jon Oyanagi Day in the City of Brooklyn Park. 3B2 Council Member Knight read a proclamation declaring April 22, 2014 as a day of celebration for the Park Center High School s Girls 3A State Basketball Champions in the city of Brooklyn Park. 3B3 Hassanen Mohamed, Human Right Commission Chair, gave the 2013 Annual verbal report. 4.0 MOTION GATES, SECOND CREMA TO APPROVE THE FOLLOWING ADMINISTRATIVE CONSENT ITEM: 4.1 TO WAIVE THE READING AND ADOPT RESOLUTION # SUPPORTING A JOB CREATION FUND APPLICATION BY WURTH ADAMS NUT & BOLT CO. 4.2 TO WAIVE THE READING AND ADOPT RESOLUTION # ESTABLISHING POLLING PLACES IN THE CITY OF BROOKLYN PARK FOR THE AUGUST 12 AND NOVEMBER 4, 2014 ELECTIONS.
2 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page TO APPROVE THE MINUTES OF THE BROOKLYN PARK CITY COUNCIL MEETING OF MARCH 17, 2014, AS PRESENTED BY THE CITY CLERK. 4.3 TO APPROVE THE MINUTES OF THE SPECIAL BROOKLYN PARK CITY COUNCIL MEETING OF MARCH 31, 2014, AS PRESENTED BY THE CITY CLERK. 4.3 TO APPROVE THE MINUTES OF THE SPECIAL BROOKLYN PARK CITY COUNCIL MEETING OF APRIL 14, 2014, AS PRESENTED BY THE CITY CLERK. 4.4 TO WAIVE THE READING AND ADOPT RESOLUTION # TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE), LOCAL NO. 49 FOR TO WAIVE THE READING AND ADOPT RESOLUTION # TO INCREASE STANDBY PAY FOR NON REPRESENTED EMPLOYEES FROM $215 PER WEEK TO $375 PER WEEK, IN ACCORDANCE WITH PAST PRACTICE. 4.6 TO WAIVE THE READING AND ADOPT RESOLUTION # TO AWARD THE QUOTE FOR ZANEWOOD RECREATION CENTER KITCHEN IMPROVEMENTS AND CARPET INSTALLATION TO IYAWE & ASSOCIATES. 4.7 TO WAIVE THE READING AND ADOPT RESOLUTION # CALLING FOR A PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. 4.8 TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING FINAL PLAT OF WICKFORD VILLAGE 6 TH ADDITION SUBDIVIDING 8.1 ACRES INTO 21 SINGLE FAMILY LOTS AND FOUR OUTLOTS IN WICKFORD VILLAGE. 4.9 TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING FINAL PLAT OF ASTRA VILLAGE 2 ND ADDITION SUBDIVIDING 52 ACRES INTO ONE BUSINESS LOT AND ONE OUTLOT SOUTHEAST OF TH 610 AND ZANE AVENUE NORTH. MOTION PASSED UNANIMOUSLY. At 7:32 p.m. Mayor Lunde recessed to the Board of Appeal and Equalization meeting. CALL TO ORDER Mayor Jeffrey Lunde
3 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 3 PRESENT: Mayor Jeffrey Lunde; Council Members Rich Gates, John Jordan, Elizabeth Knight, Bob Mata and Mike Trepanier; City Manager Jamie Verbrugge; City Attorney Jim Thomson; Community Development Director Kimberly Berggren; Finance Director Cory Kampf, and City Clerk Devin Montero. ABSENT: None. B. City Assessor Marvin Anderson briefed on the purpose of the Board of Appeal and Equalization and gave the Assessor s report and stated there were individuals signed up to address the Board and contest the value of their properties. The following individuals signed up to address the Board to contest their property values: 1. Linda Ramos st Crescent N 2. Richard Adams Vacant Land Winnetka & 109 th (was not present) 3. Tim Jarosak 4700 Impatiens Ave N (was not present) 4. Danny Stevens 3701 Dunbar Knoll (was not present) 5. Ryan Schmidt 9105 Cambridge Ave N 6. Chamberlain Obialo 9522 Cherrywood Ave N (was not present) 7. Hung Truong 3337 Edinbrook Ct N (was not present) 8. Sanjeev Dabade 9006 Windsor Ter N (was not present) 9. Richard Lillard Jr th Ave N (was not present) 10. Gerald Hansen Chestnut Cir N. Neighbors were at the tax meeting last December and thought the taxes would be going up by 14%, but went up 21%. Stated Mr. Shinkleberg, past president of the board, sent a letter to the Council and brought up good points. One point was the city advertised that property taxes as a whole would go up by 2%. Expressed their concern of the large tax increase while other parts of the city were going down. City Assessor Anderson stated last year last year, the Natureview Vista town home association received truth and taxation notices in December and showed a 14% increase. He stated the notice also said the Osseo School District had two bond referendums and if they passed those changes in the taxes were not on the notice and those taxes would be changed when the final 2014 taxes came out in March. He stated he looked at those taxes with the valuation of properties at Natureview Vista and there was an average increase because of the change with the bond referendum. He stated the Osseo School District tax was an average increase of $300. Mr. Hansen stated they also requested city services like plowing and lighting for their streets and said the streets didn t meet the standards as far as width. He stated they had gone through it with contractors and the streets were equal in width with the streets in the city and felt they were paying extra and not getting that service from the city. He stated it was to a point that some of the residents would not be able to afford to live there because of the taxes.
4 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 4 Mayor Lunde asked the City Manager that staff prepare information regarding those city services so the Council could understand what he was talking about regarding the width and city services requested. City Assessor Anderson stated that if their taxes went up by that amount, they could apply for a property tax refund and talked about it at the December meeting. He stated that if it went over 12%, it was allowed to get a percentage of that back in a property tax refund. 11. Gerald Foss Chestnut Cir N. Asked how they got a 20 to30% increase in taxes and single family homes didn t get anything. He stated there was an inequity in the system the city employed on townhomes. 12. John Delahanty 9113 Barrington Ter N. Last year properties in Edinburgh and along Edinbrook Parkway all fell in the same category and 10% rate. This year it went up by 25%. Concerned with the process on how houses were treated differently than others. 13. Shawn Moore 8907 Ashley Ter N. The process was subjective and set up to be difficult to weed out people from the process rather than working with citizens; values went up 21% while the house next door, comparable, went down; not a fair process; and appointment schedule needed improvement. City Assessor Anderson stated letters and s were received from the following property owners contesting their values: 1. S.T. Specialty Foods Inc Xylon Ave North. 2. Ravi Limkar 9749 Thomas Ave N.; 3927 Globeflower Cir N.; th Ave N.: th Ave N.; Vera Cruz Dr. N. 3. Altus Group 8500 Tessman Farm Rd N.; nd Ave N.; Louisiana Ct. N. 4. Invitation Homes 9940 Linden Ave N.; 3140 Berwick Knoll N.; 8225 Russell Ave N.; 6525 Douglas Dr. N.; 5. Al Schenkelberg Chestnut Circe N. 6. Jill Nolley 3410 Highlands Rd N. 7. Jim Skoglund 4600 Oak Grove Pkwy N.; 4650 Oak Grove Pkwy N.; 4630 Oak Grove Pkwy N.; 4620 Oak Grove Pkwy N. 8. Mary Morrison 9021 Vickors Crossing N. 9. TCF 9601 Xenia Ave N.; 9680 Xenia Ave N.; 5600 Ave N.; 5499 Oak Grove Pkwy N.; th Ave N.; th Ave N.; 9611 Xenia Ave N. City Assessor Anderson stated that value adjustments were made within the 10 day notification window to the following properties: 1. S & S Foster 8913 Farnsworth 2. M Erickson th Ave N. 3. L Garber 7908 Lad Pkwy N.
5 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 5 4. K & P McFadden Jersey Ct N. 5. N Lee rd Ave N. 6. C Edaferierhi 3309 Carnation Ave N. 7. A & K McIntosh 9000 Cambridge Ave N. 8. C Carlson 8501 Wyoming Ave N. 9. B Trusty 7108 Idaho Ave N. 10. H Troung & A Vo 3337 Edinbrook Ct N. C. MOTION LUNDE, SECOND GATES TO RECONVENE THE BOARD OF APPEAL AND EQUALIZATION MEETING ON MAY 5, MOTION PASSED UNANIMOUSLY. MOTION PASSED UNANIMOUSLY. At 8:18 p.m. Mayor Lunde adjourned the Board of Appeal and Equalization meeting to May 5, 2014 at 7 p.m. and reconvened the regular meeting. 8.1 Fire Chief Ken Prillaman briefed the Council on the Fire Department operational issues. He stated he was looking for direction and would provide several descriptions of the various options available. He stated he was hoping to get a consensus on options that were not viable and a consensus on direction from the Council on any additional work they would like to see. Following his presentation he asked the Council about the options presented as to which ones they thought were worth pursuing. He was hopeful that he made a case that returning to a paid on call only response model was not a viable option. He stated the city had outgrown it and didn t see a way to recruit and maintain qualified staff who were willing to have their pager go off anytime of the day and give the Fire Department adequate coverage even for just fire and rescue calls. He was hopeful the Council would see there were some unintended financial and operational consequences with trying to cut hours. He stated the math could be adjusted, debated or discussed whether or not it was 229 or 185 firefighters, but it would drive the city to a staffing model that created real challenges. He thought the 5 year plan was still a viable plan, even with or without an independent decision of what was the right time to staff the north station or to add staff to the central station. He stated because of growth, span of control, the part time firefighter workforce, the demands on the deputy fire marshals for new building construction and limited public education, that model had additional adds they could be considered differently using the full combo model. Regarding the 5 year plan and 18 full time firefighters, he stated he worked with the Finance Director and HR Manager on what those two would look like. He stated he didn t believe the full combo model was cheaper in the short run. He stated the Finance Director provided initial
6 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 6 estimates that might be less than a $200,000 difference. He believed in the long run and depending on how and when they staffed the north station, it was a more sustainable long term option but wanted to bring back additional information in order to prove that to the Council. He stated he didn t want to get too far ahead of the Council on any one of the options until he got input from the Council. He stated that if the Council said they were okay with 229 firefighters then they would bring back an action along with adjustments to the budget they thought they would need to outfit the Fire Department over the next five years with 229 firefighters. Council Member Jordan read a description from the City of Bloomington s Fire Department website: 120 members volunteer paid on call Fire Department, respond to fire calls from 6 fire stations throughout the city. The average response time is 4.5 minutes; all fire fighters wear pagers and their availability times vary, so all calls are responded to all day and every day. He stated they were doing it with 120 volunteer paid on call firefighters and questioned how they could do that. Fire Chief Prillaman stated that Bloomington responded to 1,200 calls per year and the Brooklyn Park Fire Department responded to 640 fire and rescue calls in the first three months of the year, not counting medicals. He stated the Bloomington Fire Department did not respond to medicals and their police department responded to the medicals. He stated they had done more since the beginning of the year across all call types than they would do all year. He stated that if they were doing 100 calls a months, that staffing model was very viable and on pace to do 8,500 calls per month. Council Member Mata questioned if the full time staff this year could spin off into another union. Fire Chief Prillaman stated they had already made an application to the International Association of Firefighters (IAFF) because there had been an election recently. He stated Minnesota statute would require the city s approval to allow them to spin out and that was not allowed, but as soon as the year was up they could do a separate petition, spin off and join the International Association of Firefighters. Council Member Mata questioned if the firefighters joined a union, could it affect the number of hours a firefighter would have to have to be in a union and if it could drop down significantly. Fire Chief Prillaman stated that by statutes, the number of hours was a 14 hour rule and the way the BMS ruled on it was as long as a firefighter worked 14 or more hours in more than half of the weeks they worked, were eligible to be classified as a public employee subject to
7 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 7 representation. He stated the movement of the full time staff to the IAFF didn t change the number of hours nor changed the 14 hour rule. Council Member Mata questioned about some firefighters not being on a nozzle or pump and not able to handle it if a fire came up. He asked if there was training, and they should know how to do that. Fire Chief Prillaman stated they did training but was impossible to simulate a building on fire, simulate the 1,200 degrees at the floor and simulate the conditions where the tactics and strategies for a firefighter on a nozzle was altered based upon the conditions. He stated they didn t do live fire training very often and was not easy to do due to the Pollution Control Agency and other agencies. He stated it impacted the neighborhoods and was not safe for the firefighters. He stated they trained on how to cut people out of cars, cut holes in roofs but doing it in a live fire condition was a very different situation. Council Member Trepanier stated there was a lot of data and numbers presented and when it came back to have graphs and charts. He stated the Council should discuss what was best for the city. He agreed with the pay equity but didn t accept the fact it created two groups. He stated the city needed to maintain the right to schedule and do it in way that was fair to all firefighters and not all based on seniority otherwise it would be hard to keep the younger firefighters. Regarding the union. He stated it took away from the issue and the issue was what the Council believed was the best approach to firefighting in the city. He stated if they had a union, would have it or not and would play out and shouldn t mess with it. He stated if the Council started to mess with things based on issues with qualifying for the Affordable Care Act or the union decertifying got too complex and those discussions would get in the way of good policy. He stated that discussions were held that more full time firefighters were more expensive in the short run but less expensive in the long run. He stated he would like charts and graphs to help him understand it. He stated the basic question, which Council had already answered, was to do the EMS or not do the EMS that was driving the call volumes. He stated that discussion was held before about it and the Council said yes to EMS. Regarding the 229 paid on call staff. He didn t think that was viable for the size of the city anymore for what was coming: an 8 story office building, 4 story office building and one or more hotels coming. He didn t think that would be fair even if the city recruited all 229 firefighters. He stated it might be efficient, less expensive, but not be as effective.
8 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 8 He stated there was some discussion earlier about cutting $1 million out of the budget but was now discussing about adding a lot and when it got into the 5 year plan there would be some conflict there. Fire Chief Prillaman stated he agreed that policy should drive the Fire Department and why Council was having the discussion to give more direction. He stated it was not that simple to cut hours. He stated what they needed was to define what Council wanted from a customer service and capability standpoint and then figure out how best to align it with the other financial challenges. He felt certain the Council understood whether the Fire Department did EMS or not, they were still in the EMS business. He stated the question for the Council was, if the current model responding to EMS was the most efficient model. He stated if there were more efficiencies to be gained, they wanted to be part of driving that solution and if the Council wanted a different level of service that was a different discussion. Council Member Crema stated he did not want to go back where the Police Department was responding to medical calls. He stated that Council Member Mata stated earlier the city did a lot for kids and questioned what was being done for seniors. He stated that was one thing the city did for everybody regardless of age, sending a firefighter who was trained, on a medical call. He stated that by sending police on medical calls, it would be an impact on the police department budget. The city would be hiring more officers because of spending 5% of the day responding to medicals, and theoretically, could see a spike in crime because there were less officers on the road and doing less police work. He stated the city would be having more unique buildings, like office towers for Target that were different than a modified two story house. He stated with more full time staff under the proposal, he would like to see what the differences would be between a typical residential fire and a fire in six story building and believed the challenges and demand would be different. He stated he was not in favor of decreasing the public services the people had gotten used to. Council Member Gates stated the Roseville City Council was going through same thing the Council was going through too. He stated they had a union and were about three to four weeks ahead in the process. He stated they had a duty crew model but were on 12 hours shifts and two shifts a day. He stated they had the same issues with the Affordable Care Act, union issues, and response times. He stated they gave the staff the go ahead as long they provided financial numbers to do the full time combo model.
9 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 9 He spoke with Police Chief Enevoldsen about the police responding to medical calls and said the chief was not opposed to the police going to medicals because sometimes they didn t know what the call was and maybe the injury was where a police response was needed. He stated the Chief also said the police were on the streets and could get there to provide the initial response but did not want the officers to be EMS trained. He also said if it was a non lifethreatening injury, it was an opportunity to interact with residents in a non enforcement way. Council Member Gates stated he met with the Fire Chief and went over the numbers. He stated it was a little bit upfront, might lose valued members in the Fire Department, but in the long run, looking at headcount, at costs, that in five years could save a significant amount of money. He stated to keep going with what was being done now and it would be crazy if the Council didn t take a serious look at the full time combo plan. He stated that was where he was headed and thought it made sense budget wise, personnel wise and best for the residents. Fire Chief Prillaman stated he worked with the Finance Director and suggested the initial movement toward the 18 fulltime firefighters could be a gap that was less than $200,000. He stated they looked at capital expenses, staffing expenses, and compared it to the 5 year plan. He stated that Council Member Gates used a term significantly less costs and not prepared to say that. He believed they could deliver a movement to this and establish a run rate, between lowering the needs for additional staff in the future and significantly lowering their capital needs. He stated they could produce a much more efficient Fire Department operation for the long haul and could reduce the need for growth in terms of finance significantly. Mayor Lunde stated his mind was on city services and service levels and about what level of service the city was willing to pay for. He stated the city could get more if more was paid and less if the Council wanted to save money. He stated if the Council wanted to save money, the city would get less service, and if they wanted to keep the services, it looked like additional costs. He stated he would like staff to come back with a couple of choices and he was looking at the service delivery and staff s recommendations on what those two options were. He stated when the two options were provided, the Council would discuss it and at that time ask the City Manager and Finance Director to give Council a mid year budget and what it did to the budget. Fire Chief Prillaman stated he indicated earlier that the return to the duty crew only, for all the disadvantages, didn t see a way that made sense for the size of the community. He stated with the development and the needs within the community were too complex. He stated with a service delivery model to try and deliver it in a strictly paid on call fashion and any option that cut firefighter hours had a significant impact on staff. He stated they would lose valuable members, lose resources and picked up some unintended financial and operational consequences. He stated they didn t know what the impact of the bargaining unit would have
10 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 10 on the city financially. He stated that by the time it was implemented in 2015, Affordable Care Act, whether 0 or 20 might be eligible within the Fire Department, there was some variability in terms what the floor might be. Mayor Lunde stated that looking at the overall budget implications, Council needed to see the effects. He stated that one decision before the Council was, did they want to save money. He questioned what less service looked like and was not sure how to illustrate it. He questioned what the status quo on the budget plan meant to do the service side to offset the fact the city couldn t afford. He believed medicals saved money and wanted to deliver services at the lowest possible unit costs. He stated if there was a medical situation and after one minute, the police officer could go on with their duty after being replaced by the firefighter which was a lower cost unit. He stated it was about service delivery and should hand off the service to the lowest possible unit to deliver the same service people expected. He stated that freeing up officers did have a value. He stated the city had unions and negotiated all the time and was the cost of doing business. He stated they had exercised their right to organize and would be taken care of during bargaining like everyone else. He asked for an opinion from the City Manager and Finance Director on the overall cost in the budget and get an update to see the big picture and believed the city needed to deliver the medicals. He questioned the Bloomington Fire Department s response time and why Brooklyn Park was at the 9 minute mark. He questioned if they classified calls differently because Bloomington was at 4.5 minutes. Fire Chief Prillaman stated Bloomington was running a duty crew and was not an apples to apples comparison of their on station staffing. He stated to date, their Fire Department had a 4 minute response time. Council Member Mata questioned the response to a fire where there was one rescue truck and three fire cars. He questioned coming in cars rather than four firefighters on a truck. Chief Prillaman stated in some cases the cars were command or supervisory staff and not intended to be part of the truck crews. He stated they were coming from where they happened to be and went directly to the scene and all carry gear. He stated there was a combination of reasons why they might have multiple cars as well as a fire apparatus. He stated with the on station crews, they didn t wait and the average out the door was 70 seconds. Council Member Mata questioned if the police responded to the 911 calls. He stated he didn t know if it was a good idea to run medicals because there was an ambulance and police officers there. He stated that on costs, one officer versus two firemen didn t know what the difference in pay would be and didn t think officers were not off the street that long. He questioned the
11 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 11 full combo program when it was figured out, if it could be done in a step program, starting from 8 to 10 full time firefighters rather than 18 right away. He stated it could be stepped up in a few years to get to the 18 and would make economic sense. Fire Chief Prillaman stated the officers responded on a majority of the calls, and stopped to verify the scene was safe, didn t need an extra set of hands or other extenuating circumstances. He stated he was confused on the position on fire covering medicals. He stated he was not proposing in any of the models to change the way they responded to medicals. He stated they agreed the police had a role to play, liked the partnership they created and a system where they released officers after spending 5 or 10 minutes. He stated they did that because they were sending very highly qualified firefighters who had an EMT variance or above and over a dozen were now paramedics. He stated they were not proposing that anything changed in any of the models because it was very efficient and effective. Mayor Lunde questioned the cost of a firefighter. He requested for next the meeting, the total costs when adding benefits plus the training, equipment and administration. Chief Prillaman stated the wage for a firefighter was $15 per hour and the only benefits afforded to them was overtime pay on city holidays. Council Member Trepanier stated he heard the direction to staff was to develop 5 year financials for the current model and full combo and meant the other models were gone. Mayor Lunde and Council Member Mata agreed on the direction given. Council Member Gates stated he was for the full time combo model. He stated Council members from Roseville were presented with the option of doing a kind of a roll into it. Start with one station, go full time and then the next station go full time. He stated it made more sense do full time and keep as many Paid On Calls firefighters because there would be attrition. Some were there because they didn t have a full time job and they might leave, and had people that wanted to be there to fight a fire, and would stay. He stated the attrition of the POCs would help get down to a number but didn t need to put a timetable on it. He stated he would like to see the full time start at 15 and keep the POCs and through attrition would get down to that number needed. Fire Chief Prillaman stated he shared the concern about staff that might not be selected or not in a position to accept a full time position. He stated he would work with the Council to carve out from a policy perspective a number of protections, the 18 full time firefighters that would be entitled to benefits, include vacation, sick time and intended to keep the POC firefighters engaged and would have first rights to back fill those types of positions. He stated that would help preserve the relationship with the POC firefighters and also hold down the
12 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 12 overall costs. He stated the alternative would be to bring back the off duty full time but would be forced in an overtime situation. He stated they would the presentation to the Council if they had additional questions and would work with Human Resources and Finance as the next steps and bring back those two models. City Manager Verbrugge stated Council Member Mata also requested a discussion about one of the Standard Operating Procedures regarding employee contacts with city officials. He stated they had already initiated a review with legal, Fire Chief and administration of that policy and prepared a draft revision. He stated it was going to be titled something other than employee contacts with city officials and clarify the purpose, outlining the proper process for communication about departmental matters to non departmental members and included communication to the public, media, and Council. He stated it provided more clarity to what Council Member Mata was looking for and less confusion on what that relationship was with employees and elected officials. He stated they would put a draft together and work with Sue Torgerson, Labor Attorney, and would send it out to get feedback on it. Council Member Mata questioned if it was going to eliminate the provision about the contact with city officials and reporting back about the content of that conversation. City Manager Verbrugge stated the working draft did not have that language in the revisions. Mayor Lunde questioned if it was coming to the Council to decide and have a discussion on it. City Manager Verbrugge stated it was a Standard Operating Procedure and not one of those items that rose to the level to be approved by the Council. He stated what they were trying to do was make sure the purpose for the policy was clear. He stated that if Council expressed a concern about a policy, they would look at it and what they were doing to provide more clarity on a policy where the Council, firefighters and management could all feel was an appropriate place to end up. Council Member Mata questioned if Battalion Chiefs were considered supervisors. He stated the name itself, Battalion Chiefs, indicated that person was in a supervisory capacity and how they operated. He questioned if they were not considered supervisors, the name should be changed to other than Battalion Chiefs. Chief Prillaman stated that if it was the standard set by state statute, no, but if the standard was set by the authority within the policy and procedures of the city, yes.
13 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 13 He stated they believed them to be supervisors, treated them as supervisors and authorized as supervisors. He stated the state statute was written to identify employees that could be excluded from bargaining agreements and was a small subset of the entire community of supervisors, a small group that met 6 of 10 specific litmus tests that could be excluded. He stated the purpose of the statute was to not unfairly exclude supervisors just because the organization called them that and depended on them to provide supervisory responsibility. He stated that as far as the city and Fire Department they were supervisors, had the authority of supervisors, but by state statutes, had limitations that would not allow a representing unit to exclude them from the bargaining unit. Council Member Mata stated he had questions regarding perception and reality and was not an attack on Chief Prillaman. He stated it had to do with his nonprofit organization and needed to get it clarified because there were appearances that could be misleading. He stated he believed the Chief did everything above board and questioned if he was the one that decided what equipment was sold and who wrote the descriptions that went on EBay. Chief Prillaman stated that most of their equipment was sold either on a predetermined schedule or when it exceed the life span defined by NFFPA, OSHA or other regulatory bodies. He stated the decision to sell equipment was not a subjective or arbitrary decision that was given to the office of Fire Chief to decide. He stated the last several items were sold on EBay after consultation with the City Attorney and Finance Director and they looked at the way the state statute read with regards to an arm s length bid process and open market style of transaction. He stated the LMC also had a website to advertise and EBay was another option and used recently to sell excess equipment. Council Member Mata stated the perception was out there since it was city equipment, it was being put out for sale and bought back by his nonprofit organization. He stated the perception was there that it could be something other than above board and wanted to clear it up that it was not going on. Mayor Lunde stated the rest of the Council didn t know what was going on regarding the questions. He stated he had no idea what was being discussed and wouldn t be able to take part in the discussion. Council Member Mata stated it was about equipment being sold from the Fire Department that was put on EBay. He stated he wanted the Chief to clarify it so that not only himself but everyone else could say, he was doing it right, honest and above board. Chief Prillaman stated the items they had sold on EBay over the last few years was a pickup truck that was deemed, that it reached its end of lifecycle and intended to go to auction. He stated he intended to bid on an arm s length transaction but never submitted a single bid
14 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 14 because how quickly the bid of the vehicle exceeded what his nonprofit was capable of paying for. He stated they also sold several sections of inch and half hose, not the industry standard, and had budgeted for a replacement to go to an inch and three quarter inch hose. He stated he had intended to bid in an arm s length transaction and it was sold at a price many times more than his nonprofit could pay for. He stated they also sold communication equipment: portable radios, where Motorola wasn t going to support them any longer and the dispatch center was discontinuing their support; pagers still in boxes; old mobile radios that Motorola was not supporting any longer; speakers from over the last 15 years; and two charging banks that charged six radios. He stated they had sold a total $9,800 worth of equipment that were discontinued by the manufacturer and no longer of use. He bought a charging station for $5.46 and that was the only item that the nonprofit could afford or was not outbid. He stated every item had many bidders and one had up to 40 different bidders. He stated what they achieved for the city was residual value of the equipment was more than they could receive from any other market. His intention was to create a fair market auction and for the nonprofit to bid but the market place outbid the nonprofit with the exception of a charging station for $ Human Resources Manager Jack Montague briefed the Council on the general pay increase for non represented firefighters for Council Member Mata questioned why they couldn t include the represented parties. City Attorney Thomson stated Council could not unilaterally impose it because it was changing someone s pay as a term of condition of employment. He stated Council couldn t unilaterally change an employee s term of condition of employment if they were represented by a union and the action would be a change and a change needed to be bargained with the union. 8.2 MOTION TREPANIER, SECOND JORDAN TO WAIVE THE READING AND ADOPT RESOLUTION # APPROVING A 2% GENERAL PAY INCREASE FOR NON REPRESENTED FIREFIGHTERS FOR MOTION PASSED UNANIMOUSLY. 9A COUNCIL MEMBER REPORTS AND ANNOUNCEMENTS Mayor Lunde thanked Recreation and Parks Director Jon Oyanagi for his service to the city. He recalled watching kids at 5 a.m. who were at the Northwoods Park to celebrate the wheel chair accessible softball diamond and were there at 6 p.m. still celebrating it. He stated that was an
15 BROOKLYN PARK COUNCIL MEETING; APRIL 21, 2014 Page 15 irreplaceable moment and Director Oyanagi played a big role in the accessible softball field. He also commended him for the process at Edinburgh Golf Course, Master Golf Plan and working with everyone and had done well for the city. He also congratulated the Park Center High School girls basketball team for their championship win. He stated that he would hope they come back again next year because during the game in overtime, there were a number of freshmen and sophomores on the bench that played in the game. 9B CITY MANAGER REPORTS AND ANNOUNCEMENTS City Manager Verbrugge stated he would be out of office for the remainder of the week and Director Oyanagi would be the acting City Manager. He echoed the comments by the Mayor and stated that Director Oyanagi brought dignity, class and leadership to the city. He stated that a lot of the work the Council had done was inspired by his vision but also his ability to harness the vision of the Council to bring those things to fruition. He stated the city had been incredibly fortunate to have him for the last seven years. ADJOURNMENT With consensus of the Council, Mayor Lunde adjourned the meeting at 10:38 p.m. DEVIN MONTERO, CITY CLERK JEFFREY JONEAL LUNDE, MAYOR