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Home My WebLink About12/06/2010 Council Packet (2)• • Special Meeting Monday, December 6, 2010 *********** 5:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser, & Rafferty City Administrator: Jeff Karlson ➢ Call to Order and Roll Call A) Consider Tentative Agreement with AFSCME, Local 2454 A) Consider Dangerous Dog Disposition Agreement • • To: Mayor and Council From: Jeff Karlson, City Administrator Date: December 6, 2010 Re: Tentative Agreement with AFSCME Background We have reached a tentative one -year agreement with AFSCME, Local No. 2454. The members have agreed to a 0% wage increase and changes to health insurance. Effective January 1, 2011, the traditional HMO health plan will no longer be available to employees. The only change to the AFSCME contract is in Article 16, where the existing language will be deleted and replaced to read: 16.1 Effective January 1, 2011, EMPLOYER will provide health insurance through a consumer - driven style health insurance plan with a health savings account (HSA). EMPLOYER will contribute $351.57 toward the premium for single coverage and $880.33 toward the premium for family coverage. The EMPLOYER 'S contribution for the HSA to be used toward the annual deductibles will be $1, 500 for single coverage and $3, 000 for family coverage. The cash option for waiving health insurance coverage will be the same as the single HSA premium, which is $324.68 after Social Security and Medicare taxes have been deducted. EMPLOYER contributions toward the premiums and health savings accounts for year 2012 will be stipulated in a Memorandum of Understanding. There are no other changes to the contract. The Memorandum of Understanding stipulates that the City's contributions toward the HSA for single and family coverage will remain the same in 2012. Recommendation • Authorize execution of labor agreement between the City of Lino Lakes and Local No. 2454 of the American Federation of State, County, and Medical Employees, AFL -CIO. MEMORANDUM OF UNDERSTANDING CITY OF LINO LAKES AND LOCAL 2454 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL CIO 2012 INSURANCE EXTENSION This MEMORANDUM OF UNDERSTANDING is entered into by the EMPLOYER and the UNION for the purpose of continuing health insurance coverage and Health Savings Account (HSA) contributions through December 31, 2012. Beginning January 1, 2012, the EMPLOYER agrees to contribute 100% of the premium for single coverage. In addition, EMPLOYER and UNION agree to negotiate an increase in the EMPLOYER'S contribution toward the family premium, which is currently $880.33. The EMPLOYER also agrees to contribute to the HSA for each employee the following amounts in 2011 and 2012: 50% of the health insurance deductible for an employee taking single coverage and 50% of the health insurance deductible for an employee taking family coverage. This MEMORANDUM OF UNDERSTANDING will remain in effect from January 1, 2011 through December 31, 2012. FOR THE CITY OF LINO LAKES: FOR AFSCME, LOCAL 2454 By By Mayor Area Business Rep. By By City Clerk Steward Dated Dated • • • ti Lino Lakes Police Memo To: City Council From:Chief Kent Strege CC: Jeff Karlson Date: December 3, 2010 Re: Dangerous Dog Status The attachment to this memo is an agreement proposed by our city attorney Joe Langel and presented to the Sawh's attorney in an attempt to bring the issue to a close. Earlier this week Mr. Langel forwarded a copy of the agreement to Mr. Sawh's attorney for review with the information that this would need to be returned in time for • inclusion in the Friday City Council packet. This morning I spoke with Mr. Langel and was informed that he had not heard back from the Sawh's or their attorney as of yet. I then contacted Mitchell Sawh and asked if he was aware of the agreement and its current status with his attorney. Mr. Sawh was aware of the agreement being worked on and would check on its status. It is interesting to note that when I asked if he was aware of the status of the agreement he responded by asking if I meant the one about the dog going to Blaine or New York. I told him that New York was the agreement and he replied that his attorney is the one that said something about Blaine. Mr. Sawh stated he would get back to us later today (Friday). Further discussion with the City Attorney affirmed that only out of state placement was given as an option. He will update us if he hears anything from the Sawh's attorney. Please review the attached agreement as the baseline for a discussion on Monday. If wording on a final agreement is reached between the attorneys before Monday we will try to get that to you before the meeting. Should an agreement not be reached on wording then we will be ready to discuss alternative ways to proceed with the issue. • CITY OF LINO LAKES DANGEROUS DOG DISPOSITION AGREEMENT This Agreement is entered into by and between the City of Lino Lakes, Minnesota ( "the City ") and Mitchell Sawh, Andra Sawh and Raun Sawh ("the Owners "). Whereas, the Owners reside at 1366 Wolf Circle, Lino Lakes, and own a dog named Brody; and Whereas, on April 8, 2010, the City Police Department declared Brody to be a "potentially dangerous dog" or "potentially dangerous animal" as those terms are defined in City Ordinance section 503.15 and Minnesota Statutes section 347.50; and Whereas, on November 8, 2010, following a public hearing, the City Council declared Brody to be a "dangerous dog" or "dangerous animal" as those terms are defined in City Ordinance section 503.15 and Minnesota Statutes section 347.50; and Whereas, on November 9, 2010, a furniture mover was bitten by Brody while the mover was in the basement of the Owners' home, after which the dog was seized by the Police Department; and Whereas, the Police Department ordered Brody destroyed in a proper and humane manner pursuant to City Ordinance section 503.16(4); and Whereas, the Owners appealed the disposition order and a public hearing was held before the City Council on November 22, 2010; and Whereas, following the public hearing the City Council found that a subsequent offense had occurred as defined in City Ordinance section 503.16(4), and the ordinance required that the animal be destroyed; and Whereas, the Owners gave the City notice of their intent to appeal the disposition order and the potentially dangerous dog and dangerous dog designations; and Whereas, the Owners and the City wish to resolve this matter without incurring further legal fees, boarding costs and other expenses. NOW, THEREFORE, the Owners and the City, in consideration of the mutual promises contained herein, agree as follows: 1. All boarding fees and costs arising out of the boarding and care of Brody at the Otter Lake Animal Care Clinic ( "the Clinic ") shall be the sole responsibility of the Owners and shall be paid in full as of the date the dog is removed by the Owners pursuant to this Agreement. Prior to removing Brody from the Clinic, the Owners shall have a microchip implanted in Brody for identification. The name of the microchip manufacturer and identification number of the microchip must be provided to the Police Department prior to removal of the dog from the Clinic. The Owners shall be solely responsible for the cost of the microchip implant. After fulfilling the requirements in paragraphs one and two above, the Owners shall remove the dog from the Clinic and transport it directly from the Clinic to a location outside the State of Minnesota. The animal is not to be brought back to the Owners' home or to any other location within Minnesota, even temporarily, prior to permanently removing it from the State. • Page 2 • • 4. Within seven days of removing the dog from the Clinic, the Owners shall provide the Police Department with the name, address and phone number of the person(s) responsible for the dog's future care. 5. The Owners acknowledge and agree that if the dog is found within the State of Minnesota at any time following removal as set forth in paragraph three, the dog shall be subject to immediate seizure without notice or right of appeal and shall be destroyed in a proper and humane manner. 6. The Owners waive all claims and actions, including any right to appeal, relating to or arising out of any decision, action or process made or undertaken by the City, its employees and agents concerning the Owners and their dog, Brody. The Owners agree to indemnify and hold the City harmless from any claims by any third party arising out of any prior or future act by their dog, Brody, or arising out of any act or omission of the Owners relating to their dog, Brody. The Owners acknowledge that the City designated their dog a dangerous animal and ordered it destroyed, and the Owners assume all risk and responsibility for the animal if it is removed from the Clinic and not destroyed. 7. This Agreement was freely entered into by all parties, each of whom was represented by counsel, and constitutes a final and binding resolution of this matter. This Agreement constitutes the entire agreement between the parties, may not be amended except in a writing executed by all parties, and shall be construed under the laws of the State of Minnesota. WHEREUPON the following agree to be bound by this Agreement: Dated: December , 2010 Dated: December , 2010 Dated: December , 2010 Dated: December , 2010 147351 • Page 3 Mitchell Sawh Andra Sawh Raun Sawh CITY OF LINO LAKES Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk