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HomeMy WebLinkAboutSP January 31, 1984 ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING-Jfu~UARY 31,1984 AGENDA 1- Call to Order - 7:30 P.M. 2. Agenda Approval 3. Personnel Discussion a. Administrative policies 1 ) Definitions 2) policy No. 3 - Sick Leave 3) pOlicy No. 12 - Overtime 4 ) Policy No. 13 - Disciplinary Action 5) Policy NO. 14 - Schools, Seminars, Conferences b. Other Personnel 4. Utility Budget - 1984 5. Report on Meeting with EPA/PCA Officials 6. 7. 8. Adjournment .' ~ 01 ANDOVER SPECIAL CITY COUNCIL MEETING - JANUARY 31, 1984 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on January 31, 1984, 7:37 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist, and several City employees AGENDA APPROVAL It was agreed to add Item 6, Health Insurance for Recording Secretary, and Item 7, Public Works Salary Range. MOTION by Knight, Seconded by Orttel, that the Agenda be adopted as has been changed. Motion carried unanimously. PERSONNEL DISCUSSION - ADMINISTRATIVE POLICIES Mayor Windschitl explained the proposed amendments to the Administrative policy before the Council are a result of the previous discussion, trying to consolidate the in- formation into one document. The Council then reviewed the policies, discussing the pros and cons of the proposed changes in each policy. POLICY NO.3 - SICK LEAVE: The proposed amendment uses "immediate fami ly'! and the or1g1nal policy uses the term "relative". Discussion was on defining the immediate family or relative and to use the same term throughout the policy. It was also noted that this policy would then eliminate the funeral-leave policy, but after discussion there was no consensus as to whether or ~ot the funeral-leave policy should remain in addition to the 12 sick days allowed per year. It was also noted that the proposal is also to pay for unused accrued sick leave at the time of termination of employment ,from the City. Discussion was also on the question of extended illness, noting at one point the Council considered offering the benefit of long-term disability insurance but the employees were not in favor of it. Those employees present felt it would be worth looking into now, the understanding being that the premiums and the number of sick days per year would work out to provide the same benefit as the 12 days per year being proposed. The Clerk was directed to investigate costs for long-term disability insurance, and it was agreed to discuss it again at a future meeting. The proposal under Item G to pay for unused accrued sick leave at the time of termination of employment from the City was reviewed, and it was questioned whether this benefit would be considered a vested benefit and come under the regulations of ARISA and whether it would be payable upon termination by death of an employee. Mayor Windschitl noted what should be done is each year the Clerk make a calculation as to the maximum amount of money that could theoretically be needed for the next year and an adjustment be made up or down depending on what is needed for that period of time. He thou ght if there are any regulations over this, that it would be ARISA. Council generally felt that no action should be taken on this proposal until the answers are known about the amount of money needed to fund this item and about whether or not it would be regulated by ARISA, possibly having the Clerk check with other cities to see what they do. POLICY NO. 12 - OVERTIME: Discussion was on what other cities and the county do relative to the payment of overtime or compensatory time off and on the difference between exempt and nonexempt employees. Mayor Windschitl stated the provisions of the policy provide for the payment of overtime in every conceivable case except where Special City Council Meeting January 31, 19S4 - Minutes Page 2 (Personnel Discussion - Administrative Policies, Continued) there could be some abuse. He also felt this policy is more liberal than most union contracts. There was quite a lengthy discussion on how the policy would apply in various instances, with Councilman Lachinski arguing that the abuse question should be taken care of by having the provisions in the sick leave policy of accrued sick leave and possibly good disability insurance. He felt the policy should be flexible rather than so tight and that the abuse should be left to the supervisor to handle on an individual basis. Councilman Orttel questioned whether the Council is willing to weigh the chances of abuse against the morale factor that could be created. His interpretation was the fourth paragraph removes the benefit provided in the third paragraph relative to sick leave taken after overtime hours ane worked. The Clerk interpreted the provision to read that sick leave hours will be included in hours worked in cases of a city emergency or in the case of a personal emergency, and that the next paragraph further clarifies that sick leave will also be included in hours worked if taken prior to the day of that emergency. Discussion was also on the question of vacation being included in hours worked, the policy recommending a minimum of one week's approval before vacation time is actually taken. Councilman Lachinski argued that it doesn't matter whether or not the vacation is taken before or after some overtime hours are worked as long as the supervisor gives prior approval, whether it be one week or one day's advance notice. He felt the employee should be accommodated if possible. In the instance of overtime worked in the beginning of the week and vacation taken toward the end of the week, Councilman Orttel argued that the cost to the City would be identical whether the vacation taken would have a week's notice or one day's notice. The employee has the right to that vacation at some time. Mayor Windschitl argued that one week's notice for vacation time is not unreasonable and that it is not in the taxpayers' interest to allow the system to be abused. The provision being proposed is very common. He agreed with the concept of paying overtime for plowing snow but is trying to eliminate the abuse of the policy. The following change was then suggested for paragraph three: "Hours worked shall not include vacation unless prior approval has been granted by the employee's supervisor." (eliminate the portion in parentheses of minimum of one week before vacation time actually taken). Councilmen Lachinski and Orttel felt with that change, the policy awkwardly says that overtime will be paid in most cases, but places confidence in the supervisory people to be making the decision about vacation days. It was also agreed to add to Policy No.1 - Vacations, Page 2, Item D. Normal vacations should be scheduled at least 30 days in advance. Council discussion noted that this policy generally provides that when an employee plans to be on vacation for a week or longer, it is to be approved at least 30 days in advance. Vacations of shorter duration may be approved with less advance notice at the supervisor's discretion. Council discussion was then on the last paragraph of the Overtime Policy provisions that exempt employees shall not be paid overtime except as provided. It was noted that there are only three exempt employees at the present time but the time sheets of both the Clerk and City Engineer show an excessive amount of hours spent over the normal working day. Discussion was on the question of whether these employees should be paid for some of their overtime hours and at what rate, whether compensatory time off should be allowed, or whether to do nothing assuming it is covered in their annual salary. Council also noted the problem with allowing an hour-for-hour comp time because of the limited staff and the need to have these people on the job. Special City Council Meeting January 31, 1984 - Minutes Page 3 (Personnel Discussion - Administrative Policies, Continued) Frank Stone asked about the pay to Dave Almgren, a salaried employee, when he helps in Public Works. If Mr. Almgren is paid as a heavy equipment operator; he should be able to use Mr. Almgren on the grader if necessary. If not, then his other two employees who are driving at a cheaper rate want the same thing. He asked how Mr. Almgren's pay is based. Mayor Windschitl explained that Mr. Almgren was here before the other public works employees, and the arrangement was made before anyone else was hired. His pay has been consistent since the beginning and was generally based on Mr. Almgren and Mr. Sowada being paid the same amount. Mr. Almgren's salary is set up on a 43-hour week, which means he is essentially giving up three hours before being paid any overtime. Council discussion was that this is an unusual circumstance, but that possibly the salary could be looked at each year and the overtime rate based on his own salary. Mr. Schrantz felt that as more people are hired to operate equipment, Mr. Almgren will be used less and less. He has also used Mr. Almgren less this year because they are only using one man on the trucks now. Recess at 9:45; reconvene at 9:56 p.m. Discussion returned to compensatory time for excess hours worked by exempt employees. It was agreed to add to Policy 12 - Overtime, I, Policy, last sentence: "The max imum compensatory time off accrued sha 11 not exceed 40 hours at anyone time." Both Ms. Lindquist and Mr. Schrantz indicated they have taken very few hours comp time in the past. Ms. Lindquist was comfortable with the present policy and felt that there has not been a problem to date. After further discussion it was agreed to eliminate the first two sentences of paragraph six on exempt employees; and if it becomes a significant problem in the future, the Council will address it from either the wages paid or at hiring someone else to help. It was felt that the exempt employees have used discretion in taking compensatory time off and that they will continue to do so. If a problem evolves, the Council should then be given a recommendation for a policy. MOTION by Orttel, Seconded by Lachinski, that Policy 12 - Overtime of the City of Andover Personnel Policies be adopted as amended: Item 1. Policy, include an additional statement "The maximum compensatory time off accrued shall not exceed 40 hours at any one time."; and under Section II, Provisions, Paragraph three, the statement in parentheses "minimum of one week before vacation time actually taken" be eliminated; and in ~aragraph 6, the first two sentences are to be eliminated; and under Policy 1, Vacation, in the City policy, under Item III, add Item D., that being "Normal vacation shou ld be schedu led 30 days in advance." Motion carried unanimously. POLICY NO. 13 - DISCIPLINARY ACTION: II. Provisions, B. Written reprimand. It was agreed the last sentence should read "The reprimand shall be placed in the employee's personal file along with the employee reply." MOTION by Knight, Seconded by Elling, that the Disciplinary Action policy be adopted as corrected. Motion carried unanimously. POLICY NO. 14 - SEMINARS, CONFERENCES, WORKSHOPS, SCHOOLS: Discussion was the policy 1S be1ng proposed baslcally because of the 1ssue of paY1ng overtime while attending schools. There is also the issue of how many days is reasonable to be attending schools and seminars coupled with vacation and sick leave. Various staff members noted many of the conferences and schools are needed for license renewal, and that ten days annually for such schools is not excessive. Discussion also noted that if an exempt employee wishes to attend more conferences, it could be done on their comp time. It was also felt that the Council should be furnished a written appraisal of each seminar, workshop, or conference by the employee attending Special City Council Meeting January 31, 1984 - Minutes Page 4 (Personnel Discussion - Administrative Policies, Continued) it. There was dissatisfaction by some of the Councilmen on the way the policy was written, but agreed that overtime should not be paid for attendance to any of these sessions. MOTION by Orttel, Seconded by Lachinski, adopting Policy No. 14 - Seminars, Conferences, Workshops, Schools, I. Policy: to state that "no overtime pay shall be paid for attendance or travel to or from any seminar, conference, workshop, or school, and any of the above that are attended by any employee shall result in a report of the benefits gained from that attendance to the Council. DISCUSSION: The remainder of the proposal is to be taken out at this time to allow the Personnel Committee to review it and make a recommendation. Motion carried unanimously. REPORT ON MEETING WITH EPA/PCA OFFICIALS AND GENERATORS Mayor Windschitl reported ðomeeting was held with representatives from Anoka County and a group of generators at The Seasons one noon. He explained there is a group of generators who are considering doing the tests at the landfill site because the Federal and State superfund law states that regardless of what takes place, they will get the bi 11. Anoka County has a list of 20-some generators who contributed to the hazardous waste at the landfill. The group of generators did not give any commitment to the project, but they are unwilling to take over the project as it is presently defined by the EPA. The EPA policy is the generators would have to commit to taking over the entire project, which includes the cleanup. The generators are saying they first want to find out what is there and then look at the cleanup and not make any commitment toward that cleanup. Apparently the EPA is considering a national policy change that would allow this type of condition for generators to come in and agree to negotiate in good faith for the cleanup. The Mayor felt there is a basic willingness on the part of the generators to take over this project. The Mayor continued that there was another meeting with the County, State, and Federal representatives, and what it amounts to is the key date for Andover is April 1, the date when the City would lose the funding from the EPA if something isn't resolved. He learned that the documents for this project are being held up at the State level, not in Washington. And it appears the PCA is very much wanting the generators to take over the project. There was a lengthy discussion over what has taken place; over the concerns that the City may lose its funding if something isn't decided by the deadline; concerns over the actions of the MPCA in the past and over how they have handled this entire situation, feeling they have been quite inept in dealing with the matter and lack credibility; that the generators have until February 17 to come in with a proposal; concern over whether PCA has the manpower and capabilities to either go ahead with the project or to monitor what the generators would be doing; that the general feeling of all officials involved is the job will get done faster and be more cost effective if the generators do the job; speculation over what could happen if the generators take over the project, over how the State has handled similar situations in the past, and the results of the project over the years to come; the fear that the City would have to begin allover again if the generators or State fail to resolve the issues by April 1; and the helpless feeling of having no control of this situation. Discussion continued on this item later in the meeting. HEALTH INSURANCE FOR RECORDING SECRETARY The Clerk explained she contacted Group Health, which is the agency the Recording Secretary is under; and their policy is a minimum of 20 hours a week to be covered for insurance. But to cover a permanent or temporary part-time employee, the City ~ Special City Council Meeting January 31, 1984 - Minutes Page 5 (Health Insurance for Recording Secretary, Continued) has to commit to paying 50 percent of the coverage. The other item is the City would also have to adopt a Resolution requesting Anoka County to include part-time employees in their contract, as they presently do not have that in their contract. She has not talked with the County about this matter. The Recording Secretary would not meet the minimum hour requirement. Mayor Windschitl suggested if the Council decides to provide part-time employees with insurance coverage, it should be done to comply with the regulations. If not, some other approach should be taken to find a reasonable solution. No action was taken at this time, the Recording Secretary being asked to check into the cost of purchasing insurance outside of the City and to check with the other vendors available to the City. PUBLIC WORKS SALARY RANGE Mayor Windschitl noted that a decision was never made on the salary of Dale Mashuga in Public Works. He tried to equalize the pay between Kevin Starr and Dale Mashuga, allowing for a longevity factor between the two of them, to determine where Mr. Mashuga's salary would be versus Mr. Starr's salary. Presently Mr. Mashuga's salary is $6.94 per hour, and indexed backward it should be approximately $7.30 an hour. That would put Mr. Mashuga in the same position that Mr. Starr was two years a90 using the adjustment of five percent per year. Secondly, for budget purposes next year, he would like Mr. Schrantz to provide a time frame when both Mr. Starr and Mr. Mashuga would advance to what would be the second highest public works classification. The Council was asked to give this item further thought, and it is to be put on a future agenda for action. (Councilman Knight left the meeting at this time. 11:01 p.m.) EPA/PCA DISCUSSION CONTINUED Mayor Windschitl stated the EPA has continued to reassure the City that it is in good position and that the funding is there. But at the end of the meeting, they were saying it will be gone after April 1. Also, if the generators take over the site, it is virtually assured that Barr Engineering will not do the work. Probably the biggest problem with the generators is the great number of them, it being almost an unmanagaeable task to get everyone to agree. Councilman Elling noted the problems created by the well advisory area, that work has not even begun to clean up the south Andover site, expressing the feeling that the problem of hazardous waste and potential ground water pollution will be around for many years to come. He asked what the reasonable and prudent thing to do is relative to potable water for the residents. Mayor Windschitl stated for the next meeting he and Councilman Elling have collected all of the various ideas and put it into a water feasibility report that divorces the entire issue of the hazardous waste. The City already has a good well, it is known that it can be used, and that with a tower a much larger system could be constructed. The Mayor explained TKDA's proposal will have the dollars for all segments of a water system that would encompass the urban service district plus the area outside the urban service district that is affected by the well advisory, based on using the existing facilities. What is being looked at is a contingency plan plus a system that could be used on a permanent basis. He also noted that there have been inquiries in the City of Coon Rapids that may mean they will be accelerating their program to bring in water and sanitary sewer to the area of 131st and Hanson Boulevard. And they are willing to talk with Andover about the possibility of water to that area. ~ Special City Council Meeting January 31, 1984 - Minutes Page 6 (EPA/PCA Discussion Continued) Discussion was on just how large an area could be served with the existing well, noting the requests from developers within the well advisory area and the potential of placing municipal water within Red Oaks, Northwoods, and surrounding areas. This feasibility report would require no immediate cash outlay but would allow the City to have something on the shelf to immediately bring water into the affected area. The Clerk stated that no one would commit themselves to including a municipal water system as part of the cleanup or remedy of the hazardous waste problem. Councilman Elling suggested Senator Gene Merriam be invited to a meeting, since as author of the State Superfund bill he would be able to explain the liability aspect of the law. He also speculated it may be cheaper for the generators to put in a municipal water system for the City as a solution to the cleanup of the problem. He also noted two people he has talked to with some expertise in this area that would be willing to help Andover with analyzing reports or points of law if the City feels it would need such assistance. Mayor Windschitl noted that the next test results have come back, and everything looks good except for one well in Red Oaks, which has shown chloroform. That well is being retested this week. There was some Council discussion on the possibility of taking the political route on behalf of the City, though no decisions were made on the matter. It was also again questioned whether it would be to the City's benefit to hire someone to stay on top of the situation, the general feeling being that the City is not being told everything by the EPA or PCA. Discussion continued on the best procedure for the City to take, though there was no decisions made other than to look at the feasibility study at the next meeting and to invite Senator Merriam to that meeting as well. There was a brief discussion on the problem at Schriptek Recovery Systems, with Councilman Elling noting apparently the EPA will be removing the hazardous waste barrels off that site. He felt that the Resolution before the Council requesting that removal and disposition of those barrels be approved this evening. The following change to the Resoltuion was agreed to: last sentence add "and that such storage of conta iners to be removed upon fi 11 i ng of the temporary storage area." MOTION by Elling, Seconded by Lachinski, that we adopt the Resolution 126-83 as sn~ Motion carried on a 4-Yes, l-Absent (Knight) vote. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried on a 4-Yes, 1- Absent (Knight) vote. Méeting adjourned at 12:05 a.m. Respectfully submitted, \\ Q~~ Marce la A. Peach Recordi Secretary