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HomeMy WebLinkAbout08.01.83 Council Minutes 193 MINUTES COUNCIL MEETING REGULAR AUGUST 1, 1983 1. The meeting was called to order by Mayor Akin at 7:00 P.M. Present: Mayor Akin, Members Cook, Kelly, Orr, Sprute. Absent: None. Also Present: Administrator Thompson, Attorney Gorgos, Engineer Cook, Fiscal Con- sultant langness. 2. It was the consensus of the Council to approve the minutes of the July 18, 1983 regular meeting. 3. Councilman Orr introduced Pascal Genelot, a student from Aleedes, France, visiting the United States on an educational program through Carleton College. Mr. Orr ex- plained that Mr. Genelot was present to observe the Council meeting. 4. Administrator Thompson explained that pursuant to a Minnesota statute which be- came effective August 1, 1983, an informational packet would be available to the public at each Council meeting containing all the information distributed to the Council. 5. The Council next considered the proposed fire hall. It was the consensus of the Council that a referendum should be held authorizing the City to issue up to $700,000 in bonds to finance the construction and equipping of a fire hall, and that the elec- tion should be held on October 18, 1983. Motion by Sprute, second by Kelly to adopt Resolution No. R56-83 authorizing the form and content of a question to be put to the voters at a special election to be held on October 18, 1983, concerning the bor- rowing of funds for construction of a fire facility. Voting for: Sprute, Kelly, Akin, Cook, Orr. Voting against: None. Motion carried. 6. Engineer Cook presented the sealcoating bid tabulations for Contract 1983-3. Bids were received and opened, Thursday, July 28, 1983, at 3:00 P.M. and read as follows: CITY OF FARMINGTON DAKOTA CO. TOTAL FARMINGTON SCHOOL EXTENSION BASE BID Midwest Paving & Recycling 9,690.00 17,500.80 3,815.00 31,005.80 Bituminous Roadways 11 ,340. 00 20,160.00 2,047.50 33,547.50 Buffalo Bituminous 11 ,775. 00 20,520.00 3,950.00 36,245.00 Allied Blacktop Co. 12,345.00 22,800.00 2,657.50 37,802.50 Assoc. Asphalt, Inc. 13,500.00 21,600.00 2,735.00 37,835.00 Mr. Cook stated that the apparent low bidder was Midwest Paving and Recycling with a total base bid of $31,005.80. Mr. Cook explained that the specifications did allow the City to add or delete certain parts of the bid. Mr. Cook recommended that the Council award the bid to Midwest Paving and Recycling. Motion by Akin, second by Kelly to adopt Resolution No. R57-83 accepting the bid of Midwest Paving and Recycling for 1983 sealcoating. APIF, motion carried. 7. General Services Superintendent Bill Hince indicated that the Cityls portion of the seal coat bid was approximately $4,300 under budget. Mr. Hince recommended certain 194 Council Mi nutes, August 1, 1983 budget adjustments for the surplus in the sealcoating account. second by Kelly to approve the budget adjustments as presented. Motion by Akin, APIF, motion carried. 8. Administrator Thompson reported that there had been some problem between the United States Environmental Protection Agency, Metropolitan Waste Control Commission, and the Minnesota Pollution Control Agency, regarding the certifi- cation of assurances for the sewer rehabilitation project. Mr. Thompson stated that because of these problems the engineer had postponed the bid opening until August 11, 1983 to be considered by the Council at the August 15, 1983 regular meeting. Fiscal consultant Ron Langness recommended that because of the problems with the certification of assurances the Council should withhold action on the Grant Anticipation Certificate bids. t10tion by Akin, second by Orr, to withhold any action on the Grant Anticipation Bond Sale because of the rejection of the certification of assurances by the federal EPA. APIF, motion carried. 9. Fiscal consultant Ron Langness opened and read aloud the $910,000 General Obligation Improvement Bonds of 1983. FI~~ NET DOLLAR INTEREST RATE First Bank of St. Paul $ 466,928.7S Piper, Jaffrey & Hopwood 478,585.25 Dane Bosworth 474,040.00 American National Bank 481,331.25 Norwest 480,112.50 following bids for the NET % INTEREST RATE 8.4896 8.7015 8.6189 8.7514 8.7297 Mr. Langness recommended that the sale be awarded to the First National Bank of St. Paul. ~lotion by Kelly, second by Akin to adopt Resolution No. R58-83 authorizing issuance, awarding sale, prescribing the form and details, and providing for the payment of $910,000 General Obligation Improvement Bonds of 1983. APIF, motion carried. 10. ~10tion by Kelly, second by Orr to set a public hearing for August 15, 1983 at 7:30 P.M. at City Hall to consider the rezone from B-2 to R-3 the replat of Westview Acres. APIF, motion carried. 11. The Council next discussed the proposed development agreement for the Whispering River Plat. Councilman Sprute indicated that the agreement should contain provisions for Storm Water Management, as was addressed during the Terra Plat agreement and Dakota County Estates agreement. Bill Maurer stated that the issue was addressed during the last meeting by Engineer Bob Rosene. 11r. Rosene had indicated that all storm water discharge would be taken care of within the plat itself and very little would be discharged to City streets. Mayor Akin stated that this plat was an ideal situation in that all storm water was being ponded and discharged into the river within the plat. Motion by Sprute, second by Akin to add language to the developers agreement which would provide for Storm Water Management as required ~~ith Dakota County Estates and Terra Plat. Voting for: Sprute. Voting against: Akin, Cook, Kelly, Orr. Motion failed. 12. Motion by Orr, second by Kelly to approve the developers agreement as proposed. Voting for: Akin, Cook, Kelly, Orr. Voting against: Sprute. Motion carried. Councilman Sprute clarified his vote by stating that Storm Water Management is a very important issue and should be faced up front even if it were to be prorated. 13. Ron Royce and Kenneth Teff were present on behalf of the Fire Relief Associ- ation to discuss the retirement benefits. Mr. Royce requested that the Council consider increasing the yearly benefit rate from $600 to $750. Mr. Royce in- dicated that the increase would mean an $8,858 increase to the levy. Mr. Teff in- dicated that the Farmington Fire Relief Association benefits were low as compared to surrounding municipalities. Mr. Teff added that the last change had occurred on January 1, 1982. Mayor Akin indicated that adjustments should be made periodically 195 but felt that the adjustments should not be retroactive. Mr. Royce indicated that State Law mandated that any amendments to the benefits would be applied retroactively. Upon recommendation of the City Administrator the City Council agreed to review this proposal while considering the budget. 14. Park and Recreation Director Jim Bell presented an update to the City Council on the 1982 LAWCON Grant. Mr. Bell stated that the grant was for aCgl.l~jtion of parkland along. the Vermillion River. Mr. Bell recommended that the-appralsals be updated before pfferlnq to p~rchasethe property. Mr. Bell also presented an application for a 1984 LAWCON Grant. Mr. Bell indicated that this portion of the grant would be for developing the property that was purchased under the 1982 grant. Motion by Akin, second by Sprute that the Park and Recreation Department continue with the acquisition process by obtaining a second appraisal and to define any areas in question and to contact the property owners if deemed necessary. APIF, motion carried. 15. Motion by Kelly, second by Orr to adopt Resolution No. R59-83 approving the preliminary 1984 LAWCON grant application. APIF, motion carried. 16. Motion by Akin, second by Orr to set a public hearing for August 15, 1983 at 7:15 P.M. at City Hall to consider amending the zoning ordinance relating to Mineral Extraction and Commercial Excavations. APIF, motion carried. 17. Mr. Thompson presented an update on the proposed Dakota County Housing and Redevelopment Authority Single Family Revenue Bond Program for Farmington and Rosemount. Mr. Thompson indicated that under State law a delegating ordinance is required to permit the Dakota County H.R.A. to apply for the bonds and to be the ultimate issuer. Motion by Orr, second by Sprute to adopt Ordinance No. 083-149 authorizing the Dakota County H.R.A. to exercise on the behalf of the City of Farmington, the powers conferred by Minnesota Statute, Section 462C.01-462C.OR relatina to planning and implementation of a single family mortgage revenue bond housing program. APIF, motion carried. 18. Motion by Akin, second by Kelly to approve the consent agenda as follows: Capital Outlay Request for the Police Department. Bi 11 s. APIF, motion carried. 19. The Council discussed the capital outlay and budget adjustment request for the ice arena. Councilmember Sprute stated that he had inspected the site for the ice skating club room and felt that it would limit the fire exit door and hurt the gen- eral appearance of the ice arena. Councilman Sprute also stated that it would limit seating capacity. Park and Recreation Director Jim Bell stated that it was the best location for the room. Councilman Orr questioned the need for the addition of a temporary game room. Mr. Bell stated that it would protect the people from flying pucks, and could be used to control the kids in the arena. Motion by Sprute, second by Akin to deny the capital outlay request for the skating club room. Voting for: Sprute. Voting against: Akin, Cook, Kelly, Orr. Motion failed. 20. Motion by Orr, second by Kelly to approve construction of an ice skating club room not to exceed 200 square feet and to be approved by the building inspector. Voting for: Akin, Cook, Kelly, Orr. Voting against: Sprute. Councilman Sprute clarified his vote by stating that he was for the figure skating club room but was against the location of the room. 21. Motion by Akin, second by Cook to approve the capital outlay request to install a game room along the east wall of the arena. APIF, motion carried. 22. Mayor Akin asked Attorney Gorgos if he would need approval of the Council to discuss the Police Labor negotiations. Attorney Gorgos indicated that approval was 1"96 only necessary for an executive session. Mayor Akin read a prepared statement con- cerning the Police Labor negotiations. (See Attached) 23. The Council reviewed the proposed by-laws. Mayor Akin stated that the by- laws should include some wording that would give the department heads control of their work stations for the purpose of limiting Council members personal observations of activities. Councilmember Sprute strongly objected such a pro- vision. The Council agreed to include such wording in the next draft and discuss the matter the next time the proposed by-laws are presented. The Council directed the administrator to redraft a proposed by-laws with additional items included as discussed. 24. City Administrator Thompson read a letter from the City Engineer regarding the problems incurred with the sewer rehabilitation problem. 25. Mayor Akin requested the Council adopt a resolution indicating the Council IS desire to acquire the Minnesota Department of Transportation property in Farmington. Motion by Kelly, second by Akin to adopt Resolution No. R60-83 stating the City Council IS desire to acquire the Minnesota Department of Transportation property lo- cated within the City of Farmington. APIF, motion carried. 26. Motion by Sprute, second by Orr to adjourn at 10:45 P.M. APIF, motion carried. d~;t~sUbmitted' , L~y~ Thompson,' Cl)Y Administ ator LT/mh Approved: August 1, 1983 The following statement is made on my own behalf as one member of the city council, and doesnJt represent the opinion of the entire councilor any body other than myself. Since December 31, 1982 the four patrolmen of the Farmington Police Dep't., a bargining group within Teamsters Local #320, have been working without a current contract. Demands were received by the City on April 30, 1982. The City Council, appointed Mr. Wm. Ford, then City Administrator as negotiator, and authorized him to use consulting services of Dr. Cy Smythe. Negotiation strategy was set by the council on July 26, 1982. City Council in setting the 1983 budget and in certification of the 1983 levy, by resolution established a 2~% proposed reduction in salary for Patrolmen. The council adopted policy, that any settlement coming out of arbitration, in excess of the budgeted amount, shall be met by reduction of manpower within the bargining unit. Union demands were replied to on September 17, 1982. On November 19, 1982 _.. . Teamsters Local #320 business agent Mr. Robert J. Weisenburger, petitioned for Mediation, stating the nature of dispute between the city and Local #320 was "Unable to reach agreement on wages, hours and conditions of employment. II The Labor Negoiation Process, as is dictated by statute require both parties to bargin in good faith. The original demands of local #320 on Wages was equal to 14.6% increase; Differential Pay of ."50 per hour for certain hours between 3 pm and 7am; Senior Officer on shift to receive an extra .50 per hour; Single Shift employees to receive an extra .50 per hour; Vacation requested an additional 80 hours of vacation from the 6th thru the 10th year; Court and Call Back Time requested 4 hours instead of 2. In addition, changes were requested on several other items, which included Uniform allowance; Term Life Insurance; Long Term Disability Ins.; ~ & Dental Ins., False Arrest; and Vicarious Liability Ins.; Sick Leave; Severance Pay and Overtime. . .~ ,. J. .-.....-c..._ .._.... Based on the number of items being disputed, or requesting to be negoitated, I question what is meant be bargining in good faith. I don1t think the process is to deal in such a way that hopfully half of the requested items will be granted. During the election process of last fall, the Police Local #320 endorsed, and openly solicited the election of candidates who had set the conditions and strategy of the council in dealing with labor negoiations. I felt that this endorsement indicated an agreement with policy of the council, and therefore I supported the procedures that had been set forth. Labor contracts and settleme~t5 over the past year and the number of concessions that labor has had to make to remain effective, and protect jobs, also should apply to government labor contracts. I see no difference between running the city, than any other business, in this regard. As elected officials, we MUST remember the tax payer, who has had a strain placed on their pocketbook from all directions, in demand for dollars. The Farmington Mill Rate has recently been lowered from 3rd highest in Dakota County, to 5th. Local government aids have been cut, and are again in jeporady of adjustment for next year. The position of city finances dictates that the council must use caution. Any decision on how to handle the contract should analyze the entire city work force, and how each job releates to job requirements, skills required, education required, needs of the job and necessity of the position. This must be taken into account by whom ever makes the settlement. The last criteria used should be how we relate to other cities, since the rates and benefits applied have been largely set by the union and arbitrators awards, rather than to individual needs or performance. These abritration awards are made without accountability to the taxpayers of the corrununity. The U.S. Labor Department last week released information that showed major labor contracts for the first half of 1983 netted the smallest average pay raise in at least 15 years. "2.7 percent each year over the life of the contract". l' A fourth of the workers took pay cuts, and a fifth acheived no gain. The CPI (consumer price index) for June shows a 2.6% annual adjusted increase, compared to 9.8 percent of one year ago, and is showing a steady decline. The 1983 city budget has today started into it's eight month. Many committments have been made that are un-retractable in the 1983 budget, and also 1984. Any awards that come out of a settlement of the 1983 work year or contract, may have to be met by reduction in services that could include sewar rehabilitation, garbage service, fire service, street and park maintenance and even capital outlay items that are essential to maintain the current level of service. All departments could, position by position be effected in some manner. Certification of the 1984 collectable levy is only two months away, and all dep't heads have submitted worksheets to the administrator and meetings between the administrator and department heads will be complete on August 5th based on the .udget guidlines as adopted by council. The proposed 1984 budget is scheduled to be submitted to council on Sept 2nd, with council deliberations to start on Sept. 5th. It is essential that a more timely settlement be reached. We don't have the right to re-tax after the levy has been certified. I find it difficult to beleive that the intent of labor relations laws, even in the sate of Minnesota, were intended for four employees to be able to dictate to the public, other municipal employees, and the council on the conditions of employment. Following the past record of contract settlements with local government area units, I see it as a possibility that projects that are essential to the city would have to be curtailed, cut-back, or delyaed in implementation if any settlement is reached that is beyond the city offers. Labor laws are clear on the bargining process. However each of us in the execution of the oath of office, swore to uphold ALL laws of the state and this includes levy certification and adoption of a budget and to protect the concerns of the citizens. I ask, how can we be fiscally responsible for public funds, 6 if we do not have control of there use. You CANNOT delegate some of your responsibilities, and thus we must determine as local elected officials, what the level of work conditions, employment and wages shall be. I beleive an arbitrator mandated award is contrary to our oath of office. The denial of this responsibility of elected officials should not be allowed. Offers have been made to settle this dispute. The offers were not what was requested, but I feel they were fair, and in view of the cities position, and in light of current economic conditions perhaps should have been accepted. I would ask that local #320 and the city review these offers and avoid the risks of an arbitration award to both sides. A minimum of a two year contract would seem logical when considering the time that would be necessary to start the process over again. .#u~~