CR 2003-128 Compensation For Members Of the National Gaud and Reserve
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September 2, 2003
Council Report 2003-128
COMPENSATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Resolution 2003-073 authorizing supplemental pay for city employees who are
members of the National Guard or Reserve and are called up to active duty.
Overview
The City of Hopkins has, in the past, provided additional compensation to employees who have
been called to active duty. The City, during the first Gulf War, made up the difference between
the military salary and the City salary for two employees. When another employee was assigned
to guard the airport in the months following 9/11, the City contributed enough money so that
employee would receive 80% of his regular City salary when combined with his military pay.
.
It has become apparent that members of the guard and reserve are being activated on a more
regular basis than has occurred in the past. The City needs to balance its desire to support its
employees who have volunteered to serve their country with the realities of the City budget.
The proposed program would pay employees who are called to active duty $500 for each
complete month of service. Employees could receive this benefit for a maximum of24 months
during the course of their employment with the City. This voluntary program would only be
available to those employees who have less than 40 hours of vacation or flex leave.
Primary Issues to Consider
o What are reservists and members of the National Guard entitled to by law?
o Can a member of the guard or reserve be required to use vacation when called to
active duty?
o Are other governmental units providing a similar benefit?
Supportin2 Information
o Analysis of the Issues
o Resolution 2003-073.
ames A. Genellie
Assistant City Manager
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Council Report 2003-128
Page 2 .
Analvsis of the Issues
What are reservists and members of the National Guard entitled to by law?j
Federal and Minnesota law require, at a minimum, that employers provide:
. Paid leave of up to 15 days of military service in a calendar year;
. Unpaid leave after the initial 15 days to engage.in military service, plus travel time;
. Option to use accrued vacation or similar paid leave during the period of military service;
. Continuation of insurance coverage under employer sponsored health plans;
. Accrual of seniority rights with respect to employment while engaged in military service;
. Re-employment rights upon completion of military service; and
. Continuation of protections and entitlements involved with a pension benefit plan.
Can a member of the guard or reserve be required to use vacation when called to active
duty?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits an
employer from requiring the use of vacation or other leave during the period when the employee
is on active service.
(d) Any person whose employment with an employer is interrupted by a period of
service in the uniformed services shall be permitted, upon request of that person, to
use during such period of service any vacation, annual, or similar leave with pay
accrued by the person before the commencement of such service. No employer may
require any such person to use vacation, annual, or similar leave during such period of
service.
The City, therefore, cannot require employees to use up' their vacation prior to receiving
supplemental pay. The City can, however, make the program voluntary. If an employee wishes to
receive the supplemental pay they would have to meet the criteria of the program including not
having more vacation or flex leave than is allowed by the program. The current resolution
requires less than 40 hours of vacation. This number can be changed if the Council wishes.
. Alternatively the vacation/flex leave language could be dropped from the program. This would
make it easier to administer. It would also recognize the fact that even if employees have
vacation when they are released from active duty, they still need to schedule the use of these
hours with their department.
Are other governmental units providing a similar benefit?
Cities generally do not provide additional benefits for employees who are called for active duty.
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Council Report 2003-128
Page 3
Alternatives
1. Approve Resolution 2003-073. This would establish a voluntary program for
supplementing the pay of employees who are called for active duty.
2. Approve Resolution 2003-073 and amend the language regarding vacation to either
remove it entirely or to change the number of hours.
3. Approve Resolution 2003-073 and make other changes to the language.
4. Do not approve Resolution 2003-073. This action would mean that employees called to
active duty would not receive any additional compensation.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2003-073
A RESOLUTION PROVIDING ASSISTANCE TO CERTAIN EMPLOYEES OF THE CITY
OF HOPKINS WHO ARE CALLED TO SERVICE WITH THE NATIONAL GUARD OR
RESERVE
WHEREAS, persons called to active military duty frequently suffer from a reduction of their
wages and benefits, thus bearing a disproportionate share of the burden of the
emergency call up; and
WHEREAS, the citizens of this city support the efforts of our National Guard and Reserve and
the men and women who are volunteer for this duty; .
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Hopkins that
employees of the .City of Hopkins who are regularly employed for more than 30 hours or more
per week, have less than 40 hours of accumulated vacation .or flex leave, and who are called
involuntarily to active military service may, in addition to the requirements of Minnesota
Statutes Section 192.26 and following fulfillment of any of the City's obligations therein, be
eligible for armed forces supplemental pay.
Employees choosing to receive armed forces supplemental pay shall be paid $500.00 for each
full month that they are on active duty. Employees receiving armed forces supplemental pay
shall be eligible for no more than 24 months of supplemental pay during their employment with
the City of Hopkins. Supplemental pay shall be treated as wages for the purpose of taxes and
other withholding.
BE IT FURTHER RESOLVED that this resolution shall take effect upon passage by the City
Council of the City of Hopkins.
Adopted by the City Council of the City of Hopkins this 2nd day of September,. 2003
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
(" '\
C\IY OF
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HOPKINS
August 27,2003
Council Report 03-129
CONDITIONAL USE PERMIT - EISENHOWER COMMUNITY CENTER
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 03-74, approvmg a
conditional use permit to erect a sign at Eisenhower Community Center.
At the Zoning and Planning meeting, Ms. Halverson moved and Mr. Sholtz seconded a
motion to adopt Resolution RZ03-17, recommending approval of a conditional use permit to
erect a sign at Eisenhower Community Center. The motion was approved unanimously.
Overview.
Eisenhower Community Center on Highway 7 has remodeled the entrance of the building.
This remodeling involved redoing the parking area and landscaping. Because of the
remodeling, the old sign was removed. The sign was in disrepair.
The proposed sign will be a monument sign located on the east side of the site. The sign will
have a brick base, and the sign will be a metallic case. The sign will be lit with indirect
lighting from the ground. There will be landscaping around the base of the sign.
e The site is zoned Institutional. All signs in an Institutional zoning district are required to
obtain a conditional use permit for a sign.
Primary Issues to Consider.
· What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
· What section of the ordinance requires a conditional use permit for the sign?
. What are the specifics of the sign?
· What was the discussion at the Zoning and Planning meeting?
Supportin2 Documents.
. Analysis of Issues
. Resolution 03-74
. Sign Plans
~.=ICP
Planner
Financial Impact: $ Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
;-
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CR03-129
Page 2
Primary Issues to Consider.
. What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The property is zoned Institutional, and the Comprehensive Plan has designated the property
as Institutional. A conditional use permit is required for signage in the Institutional zoning
district.
. What section of the ordinance requires a conditional use permit for the sign?
570.46 Conditional Use Permit R-Districts. Signs may be permitted by conditional use
permit for public parks and playgrounds, churches, synagogues, public libraries, public
museums, public and parochial schools, municipal buildings, golf courses, country clubs,
apartment buildings, nursing homes, community centers, colleges, universities and private
schools, hospitals, and sanitariums based on the following design criteria and other
conditions the City Council may require:
a) Size: the size shall be proportional to the size of the facility, need for signing,
frontage on street(s), location, visibility, and development in the area. The maximum
size should not exceed 60 square feet per sign surface with a maximum area of 120
square feet per single sign.
b) height: no freestanding sign shall exceed fifteen feet in height.
c) lighting: (1) lighting shall be indirect or it shall be backlit (2) neon lighting, flashing
lighting, and/or rotating lighted sign shall be prohibited.
d) design: signs attached to buildings shall be integrated with building design and
architecture in terms of materials, colors, lighting and placement; signs not attached
to the building shall be architecturally treated and coordinated with the principal
building by use of compatible materials and design.
e) location: no freestanding signs shall be located less than five feet from any street
right-of-way line.
f) sign purpose: the principal purpose of the sign permitted under this section shall be to
identify the public or institutional use made of the property.
The sign as proposed meets the above requirements.
. What are the specifics of the sign?
The proposed sign will be 18' x 10'71/2" total with the base. The sign without the base is
5'6" high. The sign will identify Eisenhower Community Center.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed sign. Jeffrey Schoenaeck, representing the School
District, appeared before the Commission. Mr. Schoenaeck reviewed the proposed sign with
CR03-129
Page 3
the Commission. No one appeared at the public hearing regarding this sign.
Alternatives.
1. Approve the sign. By approving the sign, the applicant will be able to construct the sign
as proposed.
2. Deny the sign. By denying the sign, the applicant will not be able to construct the sign as
proposed. If the City Council considers this ~lternative, findings will have to be
identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 03-74
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A SIGN
WHEREAS, an application for Conditional Use Permit CUP03-6 has been made by Independent
School District 270;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit was made by Independent School
District 270 on July 25,2003;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and
published notice, held a public hearing on the application and reviewed such
application on August 26, 2003: all persons present were given an opportunity to
be heard;
3. That the written comments and analysis of City staff were considered; and
.
4.
A legal description of the subject property is as follows:
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP03-6 hereby approved based on the following Findings of Fact:
1. That the sign meets the requirements for a conditional use permit.
Adopted this 2nd day of September 2003.
Eugene J. Maxwell, Mayor
ATTEST:
. Terry Obermaier, City Clerk
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