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HomeMy WebLinkAboutWK August 14, 2001 r ~ (J.../.l..J l~q/'-flõl CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755~8923 Special City Council Workshop - Tuesday, August 14,2001 Conference Room A Call to Order - 7:00 PM Discussion Items 1. Approve Amendment to Ordinance No. 216, Continued - Administration 2. Consider Approval of Council Policies - Various, Continued - Administration 3. Other Business Adjournment r- oO . .. . C~ QQ..> llhJJ:Ln q I Lj I D I CITY of ANDOVER· Special City Council Workshop - August 14, 2001 Minutes A Special City Council Workshop was called to order by Mayor Mike Gamache at 7:04 pm, Tuesday, August 14,2001 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Councilmembers Present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers Absent: None Also Present: John Erar, City Administrator Bill Hawkins, City Attorney Dana Pietso, Human Resource Manager Captain Klink, Sheriffs Office Lt. Jenkins, Sheriffs Office Others The following items were added to the agenda under Other Business: Police Issues; Andover, Kansas Chamber of Commerce invitation. Amendment to Ordinance 216 Mayor Gamache noted that this item was continued from a previous meeting for clarification. Some councilmembers have received phone calls from staff regarding policies and changes brought on by the new administrator. Mayor Gamache found that what is occurring is similar to what happened in his office when a new manager was hired. He heard exactly the same things here that he heard at his place of business. People don't like change. In most cases it happens in the first few months and then people begin to accept the changes being made. He feels some change is necessary and it's always good. Mr. Erar was hired because council thought he was the best person for the job. Mayor Gamache mentioned the wording of Section 2, Subdivision 1. (c), "without external interference". To him it means we remove politics from the day to day activities at City Hall. He was in favor of passing the ordinance as it is. Councilmember Jacobson asked Mr. Erar what he was thinking when he wrote that section. Mr. Erar stated that this is the same language that was in his last city's ordinance. It gives some clarity as to how some issues will be dealt with. The ordinance was sent to the city attorney and he was asked ifthere were any legal issues with that particular language. He stated that it is a guideline. Mr. Erar noted that the caliber of the staff here is much greater than at his last city. This is boilerplate language. Councilmember Orttel asked if the Mayor and Council are the external influences. Mr. Erar stated not necessarily. The employees can do their jobs without pressure on how they need to do their jobs. Councilmember Orttel asked if all disciplinary actions would be handled by Mr. Erar and never ....-.....-- r- , . .' . Special Council Workshop August 14,2001 - Minutes Page 2 come to the Council. Mr. Erar stated that he would issue an administrative decision. If the employee is not satisfied with that decision it could go to an arbitrator or an administrative law judge. Councilmember Orttel asked how this differs ITom what happens now. Mr. Erar stated that you don't allow the political aspect to come into it. If there were a disciplinary problem mentioned by a councilmember that needed to be addressed, the councilmember would file a complaint with him and it would be independently reviewed. The difference would be that the council would not sit as a judgment body. City Attorney Hawkins stated that the administrative law judge or arbitrator would submit the findings to the council and they could either accept or reject those findings. Councilmember Knight stated that this is so absolute and it's in black and white. It's not a guideline. He feels this has a chilling effect on the department heads. It tends to intimidate the people within the organization. - Mr. Erar noted that if the administrator feels there is a long history of dislike between the council and the individual the administrator will base it on the merits of the case. Councilmember Trude stated that there is no human factor allowed in this ordinance. Mr. Erar stated that if there are things happening and the administrator is not responding the council will make a decision. Councilmember Jacobson - In reading Section 2, his feeling was that Mr. Erar wants the Council to turn over everything in the city to him. He felt as ifhe is being left out of the loop. Mr. Erar stated that his intent is that this is a clarification of the role the administrator should play in the organization. The ordinance is vague. He noted that his tenure is based on the performance of the organization. An administrator is hired to manage the operations of the city. Ifhe doesn't have the ability to do those jobs, he didn't feel he could perform to the standards the council expects. Councilmember Trude - If City Hall is reorganized and people don't know what's going on and Council is in the dark it doesn't help the council. She feels that the human factor is being left out. Mr. Erar stated that is why we now have a Human Resource person. This is a business. You want a person who can manage the operations of the city. Councilmember Knight noted that he hasn't talked to one city that would accept this ordinance. Mayor Gamache didn't see where this is such a big change; there isn't anything in the ordinance that bothers him. It's giving Council an idea of how the city if going to be run. Mr. Erar asked Bill Hawkins if there is anything in c), d) or e) that is different ITom the other cities Bill works for. Bill Hawkins stated there is nothing unique in the ordinance and didn't see a legal issue, The issue we have is an issue of power sharing. I Special Council Workshop August 14, 2001- Minutes Page 3 Councilmember Orttel- what we're saying is that he is to operate within his powers. At any point, Council can jump in. Councilmember Trude - stated that she has a problem with that whole paragraph. Paragraph c) states that the director of each department shall report to the City Administrator and shall be held accountable for his or her department's or division's performance. Does this mean that the department head cannot go to the council? John Erar noted that he works through the department heads. Councilmember Orttel felt that if you have a problem in a department, it's up to the department head to deal with the problem. Mayor Gamache stated that this section spells out the organization ofthe city. - Councilmember Knight stated that he could live with c) if "without external interference" is removed. Once it's on paper the Council can very well be cut out of the loop and they can't do anything about it. Mr. Erar noted that he is willing to take those words out. He then reviewed a memo that was given to the management team. Councilmember Jacobson asked about the morale at City Hall. Mr. Erar stated that some people perceive there to be a morale problem. The first paragraph of the memo sums up what his value system is in regard to the organization. In terms of morale, he felt that there are some changes that have occurred. Councilmember Jacobson - I see the management strategy you have as more ofa negative. People are thinking about leaving. Several people have said "whatever John wants, John gets". You are a controlling person. It's not the verbage here; it's everything that is going on. Mayor Gamache stated this is exactly what happens when a new person comes in. Those that don't have a problem with the way the organization was running before don't like the way things are going now. The only big change is the way the budget is being done. You see morale going down at first. As time goes by, people will see how it's going to be improved. He feels that we need some of the things that Mr. Erar has suggested, such as customer service. Councilmember Jacobson noted that he has worked in a situation where things happened like what is happening here and everyone left. Special Council Workshop August 14,2001 - Minutes Page 4 Councilmember Orttel stated that we're coming ITom a management system that was very lax. He wanted a leader and Mr. Erar is a leader. Mr. Erar would operate within the scope of thíngs assigned to him. You can't ask for better principles than what he has in his memo. Mayor Gamache felt that if someone can't work under the situation, then they should resign. Councilmember Trude didn't see in this memo where there is any latitude. If you don't get your job done because of sick leave or vacation you will be written up. Mr. Erar explained that department directors are accountable. That gives them the ability to organize their departments. He disagreed wíth Councilmember Jacobson's comments. Mayor Gamache doesn't see this as threatening. Councilmember Trude asked Mr. Erar who ís planning to get rid of. Mr. Erar noted that his intentions are not to get rid of anyone. He asked that his reputation in this city not be slandered. CounciJmember Orttel stated that not having deadlines in an organization is ridiculous. There was nothing in our policy before. The council never met with Mr. Erar and set out the goals for his position. Councilmember Knight asked the mayor ifhe could take the position that there would be no external interference. Mayor Gamache didn't see this as Council interference. He stated that Mr. Erar will be judged on his merits. Councilmember Orttel noted that in the early years of the Fire Department Council was contacted by many of the firefighters who were unhappy and it has gotten better since we híred a full time manager. Councilmember Jacobson noted that Council has not sat down with Mr. Erar and set out their expectations of him. Before this is acted on, Council should sit down with him and set out our goals for him. Councilmember Orttel agreed with Councilmember Jacobson. Motion by Trude, seconded by Jacobson to table this item. Discussion: Councílmember Trude - didn't think Council and Mr. Erar have worked together long enough to see if this is what we want. She feels that the Council has very important roles as city officials and our constituents look to them. ----~ Special Council Workshop August 14, 2001 - Minutes Page 5 Councilmember Jacobson stated that is why Council should sit down with Mr. Erar. He didn't know if Mr. Erar understands what we want him to do. Councilmember Orttel thought that we would want him to run the city with discipline. Mr. Erar noted the only difference between a manager and an administrator is that a manager can hire and fire. Councilmember Trude thought that Section (b) is all that he needs. Mayor Gamache - Would vote no on the motion as there is nothing in here that bothers him. He didn't think this would hamper council's ability to run the city. Councilmember Knight stated that he would like to have a date when this will be reconsidered. Councilmember Trude explained that all it will take is for someone to remove it ftom the table for discussion. Councilmember Orttel stated that he didn't know what power council would be giving to the administrator if this ordinance were adopted. Councilmember Trude felt that Mr. Erar's management approach appears to be a form of military style. Councilmember Jacobson noted that he would be willing to reconsider this if Council sits down with Mr. Erar and tells him what we think he should be doing. What we're thinking is something other than what Mr. Erar is thinking. Mr. Erar stated that in terms of the ordinance revisions, the authority he would have would continue as it has been. This is merely what he believes his expectations are. This is basically a job description. These are essential functions of the city. None of this grants additional authority. Dana Pietso, Human Resource Manager, stated that as she has only been here for two days, she can't make a judgment on how the city is being run. You do have to have performance standards. This document is simply a guideline. Councilmember Knight noted that he doesn't like it inferred that if you disagree with one thing you disagree with the whole thing. He didn't have a problem with most of the items in the ordinance. Vote on Motion - Yes - Trude, Jacobson, Knight; No - Gamache, Orttel. Motion carried on a 3 yes, 2 no vote. 4- _ ___" . . _~ _.__ I Special Council Workshop August 14,2001 - Minutes Page 6 Police Issues Mayor Gamache noted that he received a call regarding break-ins in the Crown Pointe area. Captain Klink stated the biggest concern is theft from autos. The deputies are on directed patrol assignments, meaning that when there is a problem in a specific area the deputies spend more time in that area. There were three or four different groups that were identified throughout the summer who were doing the break-ins. Some of the law enforcement efforts used are using unmarked patrols, bicycle patrols and working cooperatively with other city law enforcement such as Anoka and Coon Rapids. Just recently a few arrests were made. Lt. Jenkins - noted that there were 2 juvenile males who were vandalizing and breaking into cars. They admitted breaking into 20 vehicles. Anoka city also caught a couple of juveniles who admitted breaking into several homes. - Captain Klink related that Investigator Podany got a confession from several juveniles who were breaking into cars. One of the kids was cooperative and gave the name of one of his friends who was also involved. He noted that it's difficult to prosecute them if they aren't caught with the stolen goods in their possession. These are local kids. He also noted that when school starts, the thefts drop. He felt that one way to prevent these break-ins is to put an article in the newsletter explaining to people what to do to deter thieves. Troy Baxter, 723 - 141" Avenue NW stated that his wife's vehicle was left outside once in five years and it was broken into. Everything around his property is well illuminated and the thefts still occur. He believes the Sheriff's Office can stop this but the city needs to give them the resources. Captain Klink suggested that Mr. Baxter's neighborhood start a Neighborhood Crime Watch program. Lt. Jenkins stated that one of the juveniles who was arrested will be going to the Lino Lakes Correctional Facility for a long time and has nothing to lose so they expect he will give them the names of the other juveniles and the locations where the stolen goods are. Councilmember Knight asked how it is determined where the officers will be. Captain Klink explained that they are assigned to a certain area and they also do random patrol. Mr. Baxter said that he would rather see more patrol in the evenings than during the daytime. He thought that we are getting some organized crime in the area. Council Policies Special Council Workshop August 14, 2001 - Minutes Page 7 Council Meeting/Public Hearing Citizen Participation Protocol Mr. Erar noted that this section is to establish guidelines for citizen participation at public meetings. If approved, a policy will be prepared for public hearings that gives residents the process that will be followed. Councilmember Orttel questioned Item 4 of the procedure for Council meetings, noting that it takes a lot for a resident to come to a meeting and talk to the Council. He felt that most oftheir concerns could be handled immediately. CounciJmember Jacobson agreed, noting that putting people off for two weeks is inappropriate. Mayor Gamache also agreed, if the resident can receive an answer immediately. City Attorney Hawkins felt that ifit was something that we don't have at the minute it would be proper to continue it to the next meeting. - The consensus of the Council was that if it's something that can be handled immediately it would be; otherwise it would be continued to the next meeting. Councilmember Orttel asked that the Public Hearing procedure be passed on to the Planning Commission and Park Commission. Council-Resident Complaint Resolution Process Councilmember Jacobson asked that the word "exclusively" be removed ITom Section (e). Mr. Erar stated that simply means that staff will handle the issue. It's an expectation of Council on staff. Council-Staff Communication Protocol Councilmember Jacobson felt that this is already being done. Mr. Erar said it is, but it is just put down on paper now. No changes were suggested. Council Expectations of Staff Work Assignments No changes were suggested. Mr. Erar noted that these policies will be on the August 21st Council agenda for approval. Special Council Workshop August 14,2001 - Minutes Page 8 Andover, Kansas Chamber of Commerce Invitation Mr. Erar explained that the Andover, Kansas Chamber of Commerce has extended an invitation to attend their Greater Andover Days celebration. The travel and lodging would be paid for by the Chamber. Council requested the information be made available to them so they could make a decision as to whether they would attend. Other Issues Skateboarders Councilmember Knight noted that the skateboarders are creating a problem for staff. He felt something should be done so the ITont desk is not babysitting. Mr. Erar explained that this was discussed at the staff meeting and Todd Haas suggested it be brought to the Skateboard Task Force. Appearance at Meetings Councilmember Grttel suggested that the city's commissions be reminded that they are representing the city and should dress appropriately at public meetings. Motion by Orttel, seconded by Knight to adjourn. Motion carried unanimously. Meeting adjourned at 9:45 pm. Respectfully submitted, ¿lL- (/~ Vicki Volk Acting Recording Secretary --- ~ __ - - -..0 _