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Home My WebLink About2/12/14 AgendaCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA February 12, 2014 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: 1. Update on Urban Farm Site Development – Terry Egge, Pohlad Foundation D. APPROVAL OF MINUTES: January 22, 2014 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 2/6/2014: $163,425.14 Payroll through 1/29/2014: $16,207.74 2. Approval of City Licenses 3. Approval of a Step Increase and Amended Employment Agreement with the City Administrator G: POLICY ITEMS: H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES January 22, 2014 A. CALL TO ORDER: 7:08PM Mayor’s Note: Due to technical difficulties the Council Meeting was not live on the air for the first few minutes. B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _X_ LONG _AB_ MERCER-TAYLOR _X_ STAFF PRESENT: FISCHER _X_ C. PRESENTATIONS: 1. Annual Report and Approval of 2014 Participation Amount for NYFS - Jerry Hrmotka Jerry Hrmotka provided an update on NYFS activities for 2013 and answered various questions from the Council. D. APPROVAL OF MINUTES: January 8, 2014 APPROVED E. PUBLIC HEARINGS: F. CONSENT AGENDA: Beth Mercer-Taylor Moved, Approval 4-0 1. General Disbursements through 1/17/2014: $867,207.36 Payroll through 1/13/2014: $14,649.31 2. Approval of City Licenses 3. Recreation Agreement with the City of Lauderdale 4. Resolution of Support for CityLabs Application 5. Approve State of Minnesota Pay Equity Report - Agenda Add On 1/22/14 G: POLICY ITEMS: 1. Approve Amended Tobacco Ordinance Pam Harris Moved, Approval 4-0 City Administrator Fischer provided the staff report and Council Members commented on the amended ordinance. H. INFORMATION/ANNOUNCEMENTS: Council Member Beth Mercer-Taylor Provided an update on the recent Park Study Open Houses that took place on January 22nd at Falcon Heights Elementary and January 23rd at City Hall. Council Member Pam Harris Announced the upcoming Winterfest event on Sunday, January 26 from 1-4PM at Community Park. I. COMMUNITY FORUM: J. ADJOURNMENT: 8:35PM REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 2/6/2014: $163,425.14 Payroll through 1/29/2014: $16,207.74 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date February 12, 2014 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a Wine License for 2014. Staff has received the necessary documents for licensure. 1.Chateau Fromage Enterprise LLC dba The Coffee Grounds The following individuals have applied for a Mechanical License for 2014. Staff has received the necessary documents for licensure. 1.Tonna Mechanical, Inc. 2.Affordable Comfort Mechanical The following individuals have applied for a Tree Trimming/Treating/Removal License for 2014. Staff has received the necessary documents for licensure. 1.Precision Landscape & Tree, Inc. The following individuals have applied for a Restaurant License for 2014. Staff has received the necessary documents for licensure. 1.Toppers Pizza 2.Pizza Hut #30234 Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Applications. Meeting Date February 12, 2014 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Assistant to the City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of a Step Increase and Amended Employment Agreement with the City Administrator Description Attached is an amended Employment Agreement with the City Administrator reflecting a 3% Step increase. Regular Appointed employees are eligible for a 6 month, 18 month, 5 year and 10 year Step increase. January 23, 2014, marked the 2 year anniversary of the City Administrator. The City Administrator has not had a 6 month or 18 month Step Increase. I am recommending he receive a 3% Step Increase effective February 12, 2014. In addition, section 3 of the agreement includes a language change suggested by the City Attorney which authorizes the Council to adjust the City Administrator’s pay in the future without having to amend the agreement. Changes can be made by motion at a City Council meeting. There are no other recommended changes to the Employment Agreement with the City Administrator Budget Impact Funds are available in the 2014 Budget. Attachment(s) Employment Agreement with City Administrator Action(s) Requested I recommend approval of a 3% Step Increase for the City Administrator and the language change in section 3 of the Employment Agreement as per the City Attorney’s recommendation. Meeting Date February 12, 2014 Agenda Item Consent F3 Attachment Employment Agreement with City Administrator Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ EMPLOYMENT AGREEMENT AGREEMENT made this 12th day of February, 2014, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation ("Employer"), and BART FISCHER ("Employee"). The parties agree as follows: 1. POSITION. Employer agrees to employ Employee as its City Administrator. Employee agrees to serve as City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or an alternate pension plan, if selected by Employee, authorized by State law. 3. SALARY. Employer shall pay Employee a salary of $94,303 per year commencing February 12, 2014. Employee’s salary may be adjusted thereafter from time to time by the City Council without amending this Agreement. The City will provide Employee an annual performance review. 4. SENORITY. For purposes of employment benefits such as sick leave, vacation leave, and the like, Employee will be credited with having completed five (5) years of employment with the City upon Employee’s first day of employment. 5. SICK LEAVE. Effective upon Employee's first day of employment, Employee shall be credited with twelve (12) days of accrued sick leave. Thereafter, Employee shall accrue sick leave in accordance with the City's personnel policies. Doc. #174677v.1 RNK: 1/30/2014 1 6. VACATIONS. Effective upon Employee's first day of employment, Employee shall be credited with fifteen (15) days of accrued vacation leave. Thereafter, Employee shall accrue vacation leave in accordance with the City's personnel policies. 7. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other non-union employees. 8. GENERAL INSURANCE. Employer shall provide Employee the same group insurance benefits as provided to all other non-union employees. 9. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions for Employee which are deemed reasonable and necessary for Employee's continued participation in national, regional, state and local associations necessary and desirable for Employee's continued professional participation, growth and advancement, e.g. International City/County Management Association, Minnesota City/County Management Association, League of Minnesota Cities. 10. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay necessary and reasonable registration, travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member. Employee shall use good judgment in Employee’s outside activities so Employee will not neglect the primary duties to the Employer. 11. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate by Employee and Employer; and at Employer's expense. Doc. #174677v.1 RNK: 1/30/2014 2 12. AUTOMOBILE. Employee shall be paid on a reimbursement basis for the use of Employee’s personal automobile for Employer business. Mileage shall be submitted on a quarterly basis. Reimbursement shall be based on the current IRS mileage reimbursement rate. 13. GENERAL EXPENSES. Employer shall reimburse Employee reasonable miscellaneous job related expenses which it is anticipated Employee will incur from time to time when provided appropriate documentation. 14. HOURS OF WORK. It is understood that the position of City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee may absent himself/herself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 15. OTHER CONDITIONS OF EMPLOYMENT. The City’s ordinances, City Employee policies, and City Employee Handbook, as may be amended from time to time, are all incorporated herein except to the extent that they conflict with this Employment Agreement. 16. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee four (4) months salary, payable on a by-weekly basis, and to continue to provide and pay for the benefits set forth in paragraph 8 for a period of four (4) months following termination. However, in the event Employee is terminated because of his/her malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. Doc. #174677v.1 RNK: 1/30/2014 3 If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, or if Employer refuses, following written notice, to comply with any other provisions of this Agreement benefiting Employee or Employee resigns following a formal suggestion by Employer that he/she resign, then Employee may, at his/her option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer forty-five (45) days advance notice. If Employee voluntarily resigns his/her position with Employer, no termination benefits shall be paid to Employee. If Employee does not give Employer at least forty-five (45) days advance notice of Employee’s resignation, Employee will not be paid any accrued and unused sick and vacation leave pay otherwise payable to Employee. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his/her position with Employer, subject only to the provisions of this Agreement. Doc. #174677v.1 RNK: 1/30/2014 4 IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and Acting City Clerk, and Employee has signed this Agreement, in duplicate, the day and year first written above. CITY OF FALCON HEIGHTS BY: _______________________________ Its Mayor AND ___________________________________ Michelle Tesser, Acting City Clerk EMPLOYEE __________________________________ Bart Fischer Doc. #174677v.1 RNK: 1/30/2014 5