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HomeMy WebLinkAbout02.22.11 Council Minutes k COUNCIL MINUTES REGULAR February 22,2011 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop 118 led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Bartholomay, Donnelly, Fogarty, May None Peter Herlofsky, City Administrator; Brenda Wendlandt, Human Resources Director; Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant Jeff Czyson, Jim Manthey, Hunter Ehlers, Rick Reichert, Beve Preece, Jim Merle, Austin Long, Tyler Wench, Kim Erickson, Chris Erickson 4. APPROVE AGENDA MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) 4th quarter 2010 ALF Ambulance Report Mr. JeffCzyson gave highlights ofthe 4th quarter 2010 ALF Ambulance Report. 6. CITIZEN COMMENTS Mr. Tim Thompson, 816 7th Street, had some questions from the recent workshop on franchise fees and seal coat funding. He noted at the workshop Council gave a solid number of$400,000 needed in franchise fees. On Wednesday, the paper stated $500,000. He asked what happened to make a difference of$100,000. Mayor Larson was not aware of the newspaper article. Mr. Thompson asked for a report on seal coating costs for the last ten years per project. Mayor Larson stated staff will provide a report for the last seven years. Mr. Thompson stated regarding the fees to utility companies, at the workshop Council discussed voting on this item at the March 7, Council meeting. Mr. Thompson asked if the residents would be able to see the agreement stating the utility companies would not be charging the City for passing through the franchise fees before the March 7, Council meeting. Councilmember Fogarty stated it will be in the packet on the website. Staffwas told to bring the agreement back to a meeting when it is ready. Mr. Thompson asked how residents will know when this is coming to Council for a vote. Councilmember Fogarty suggested he check the website for the Council packets on Thursdays. 7 Council Minutes (Regular) February 22,2011 Page 2 Mr. Rick Reichert, 709 4th Street, had comments on franchise fees. They are a tax in disguise. It is another way ofpicking the pockets of the residents without the voice of the people. Unlike a tax, our City should not be fmding ways to circumvent citizens by fmding a loophole that turns a tax into a franchise fee. City managers and Councils like fees because it makes them look good by not raising taxes. You have to raise taxes to make things happen. It also promotes unaccountability in budgets; it robs Peter to pay Paul because we have not been able to keep accurate records in other accounts. Starting another budget stream lets the budget rise. It has gotten to the point that our own Finance Director has a hard time fmding answers at public meetings as to where the money is going. In these days of tight economic issues, rising insurance costs, sky rocketing fuel costs, and added street light fees just one year ago, he had a few questions. Houses that are vacant and not hooked up to meters, or an owner that puts in an LP tank in his own yard, what about him? Does he pay zero? What about lots with no houses, do they pay zero? What about the acreage that is not subdivided, who picks up the tab? What about farms in the community that are on LP tanks and do not have a natural gas meters? Who pays for them? What is wrong with the current system oflevy and assessment that has been working for many years? Let's adopt a system that was working. Ifwe wait one year, which we have already agreed to, look to Lakeville. There was public opposition to fees there and they tabled it and have not brought the issue back. No system is perfect, but roundabout ways (fees) to get a new system to work and take the voice of the citizens and muffle it away should not be tolerated. Many of the ''what if s" ofthe fee based system are concerning, but seal coating taxes and energy bills should not come to his mailbox in the same envelope. Mr. Jeff Albee, 4705 189th Street W, introduced himself as the newly elected President of the Farmington Fire Relief Association. At the last Council meeting, there were some questions and concerns regarding the pension. He was open to meeting with the Council to discuss their concerns. He gave Council a packet regarding the Relief Association. Councilmembers will attend the April 19, Relief Association meeting. 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes (2/7/11 Regular)(2/14/11 Special)(2/14/11 Workshop) b) Approved Temporary On-Sale Liquor License - Administration c) Adopted ORDINANCE 011-631 Amending 2011 Fee Schedule - Administration d) Approved Appointment Parks and Recreation Commission - Administration e) Approved School and Conference - Fire Department t) Approved School and Conference - Fire Department g) Approved School and Conference - Parks and Recreation h) Approved School and Conference - Natural Resources i) Adopted RESOLUTION RI3-11- Approving Rebanding ofWaming Siren Notification System - Police Department j) Approved Bills APIF, MOTION CARRIED. 8 Council Minutes (Regular) February 22,2011 Page 3 8. PUBLIC HEARINGS a) Adopt Resolution - Vacating Portion of Dunbury Avenue - Riverbend Subdivision - Planning Mattamy Homes has petitioned for a vacation ofa portion of Dun bury Avenue in the Riverbend subdivision. Council approved the preliminary plat in January. A condition of that approval was the extreme northern 150 ft. of Dunbury Avenue be vacated. Due to the replatting of this area, portions of lots would extend into this right-of-way. The right-of-way was platted in 2005 in anticipation of an east- west county road connection. That alignment has been shifted north into Lakeville. Therefore, this stub of Dun bury Avenue is no longer required. There is also a wetland in this area. MOTION by Bartholomay, second by Donnelly to close the public hearing. APIF, MOTION CARRIED. Councilmember May asked how this affects traffic flow issues when the plats were fIrst developed. Staff explained there will be no change to what was originally approved. The extension was contingent on development north into Lakeville. There are also accesses at Upper 182nd Street and Upper 183rd Street. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION RI4-11 vacating the portion of Dun bury Avenue right-of-way located in the Riverbend Subdivision. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Policy Manual- Human Resources Over the past year staff has worked on updating all policies and procedures, mainly those with changes according to federal and state statute. A policy manual was compiled for Council. Human Resources Director Wendlandt outlined the main changes. Councilmember May had many questions, but wanted to see it in a form showing the changes that have been made. Staff stated the main change is the paid time offpolicy and the global positioning location policy. Human Resources Director Wendlandt stated we did not have one policy manual. Individual policies were located on the Citywide drive. When she combined them into one document, she did some editing. She can provide the copy received from the City Attorney with changes. Mayor Larson stated he had the same question. They have nothing to compare it to. Staff stated some was wording, some were significant changes. The Family 9 Council Minutes (Regular) February 22,2011 Page 4 Medical Leave Act changed and that has to do with military leave. There were changes for those holding commercial drivers' licenses including plow operators. There were changes to drug testing and chain of custody, and the medical review officer. There are changes regarding personnel files and employees cannot be charged to make copies of their personnel file. The global positioning and monitoring is a new policy. The Nextel phones have the ability to locate where employees are to save time in dispatching them to calls. Paid time off is a way to address Council's concerns with regarding to severance packages and leave time. This combines sick and vacation for any non-bargaining new hires. This will also be offered to current employees in some form of conversion. This is pending Council approval of the policy. Mayor Larson asked what the benefit would be to the employee to change to PTO. Staff stated currently we have a policy that outlines appropriate uses of sick leave. Paid time offwould be pooled time to a maximum of520 hours. Currently employees could receive 740 hours severance from sick leave. Employees can accrue to 1,040 hours sick leave. Ifemployees have been here five years they receive 25%; ten years they receive 50% of sick time for severance. Employees can accrue up to 320 hours over 40 years of employment for vacation. Councilmember May stated this is a big document to review and approve. She noted the effective date is January 1, 2011. Staff noted that date can change to be effective after Council approval. Councilmember May asked how long the 1,040 hours has been in effect. Staff recalled it changed ten years ago and before that it was 960 hours. Councilmember May asked if that number can be reduced. Staff would have to check with the City Attorney as there are some legal parameters. Councilmember May felt that number was high compared to other cities. Staff stated for those on sick and vacation it is comparable, but a number of other cities have moved to paid time off. Councilmember May noted in addition to the sick accrual and vacation accrua~ there is also comp time accrual up to 40 hours. These numbers can quickly add up and it is concerning. Staff stated comp time is allowed in the public sector rather than paying out overtime. Councilmember May noted it says the collective bargaining agreement would take precedence and asked if Council could receive a copy of all the bargaining agreements. Councilmember Fogarty agreed with Councilmember May's comments. There are not a lot of employees who are not in collective bargaining. So this applies to very few people. Human Resources Director Wendlandt noted the sick and vacation are outlined in the bargaining agreement as well as benefits. A number of the policies are not in the bargaining agreements and those do apply to every City employee. Councilmember Fogarty liked the PTO. She was concerned with the high number of accruals and would like to see them lowered. No longer are employees retiring and having nine months severance pay. She would like to see that at least cut in half. She would like to see this for employees not only hired after January 1, 2011, but also for the people who are at the max see the amount stay down as time is used. She wants to move away from this as this is a lot of time to accrue. It could have been accrued in their fIrst few years and at the end, 10 Council Minutes (Regular) February 22, 2011 Page 5 it is paid out at a higher rate. She had a lot of questions and was not prepared to approve this. Human Resources Director Wendlandt stated the sick and vacation policies mirror what is in the collective bargaining agreements as well as holidays. The City has tried to keep the wages and benefIts equal between those who have bargaining agreements and those who don't. When Apple Valley went to paid time off 15 years ago, they still have people who are on sick and vacation because they had to transition it in. Councilmember Bartholomay realized the comp time is great for police departments. He asked if there was a comparison between comp time and overtime. Staff stated patrol officers are allowed to carry over comp time at the end of the year up to 40 hours, however, when they use it; it is paid out at the rate they earned it. That is part of the bargaining agreement. In the other bargaining agreements ifwe did not have a payout in December, they were paid out at their current rate of pay. They are earning comp time rather than paying out over time so the only way to control the cost is to control the amount of comp time accrued. Over the last couple years there has been a cap. Councilmember Bartholomay felt we were in the same range as other cities with 40 hours comp time. Councilmember Donnelly asked regarding comp time especially with the street workers, it would seem letting them accrue more would be cheaper for the City because you are not paying them, but then you have a staffing level problem. Regarding all the accruals, the only way to change that is through collective bargaining. He asked how many employees are not covered by collective bargaining agreements. Staff stated there are 15-20 employees. Councilmember Donnelly clarified this document only applies to those people. Councilmember May noted there may be some things in this document that are not part of the collective bargaining agreement. Councilmember Donnelly stated this policy manual would then take precedent. City Administrator Herlofsky stated some of those are classified as management rights and not found in employment agreements. Those apply to all employees. Councilmember Donnelly asked ifwe want to reduce the amount of accrual for all employees how do we do that? Staff stated that would be done through negotiations. Councilmember Bartholomay would also like to see the changes that have been made, especially to the paid time off. He did like the way the manual was set up and the defmition list. MOTION by Fogarty, second by Bartholomay to table this item for further clarification. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Council Retreat Date Council set March 19, 2011, for a Council only retreat. Mayor Larson asked Councilmembers to send him three items they would like to discuss. Councilmember Fogarty stated she would also like to discuss the strategic plan from two years ago. Ifthere is other support information needed, Mayor Larson will obtain it from staff. 11 Council Minutes (Regular) February 22, 2011 Page 6 Councilmember Donnelly: Attended the girls section hockey game in Owatonna and there was tremendous support in attendance. He wished the boys luck in Rochester. Councilmember Fogarty: Thanked the plow drivers for doing a great job. She thanked the Fire Department for digging out fIre hydrants. Now that we have a fresh layer of snow, she asked residents to dig them out. Councilmember Bartholomay: Encouraged residents to also dig out their mailboxes in addition to fire hydrants. Thursday is the Chamber Brew HaHa at Roundbank. Councilmember May: There was a ribbon cutting for Smiles for Life Dentistry on Pilot Knob Road. There is a Knights of Columbus spaghetti dinner Saturday followed by bingo at St. Michael's Church. Mayor Larson: He urged residents to fmd it in Farmington fIrst and support local businesses. Ifwe want more businesses we have to support the ones we have. At the last DCC meeting there was a discussion about who to call in a non-emergency. Residents should still call 911 and they will prioritize the call. Thursday there is a wine tasting at Blondie's. The outdoor ice rinks are closed for the season. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:07 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12