02/25/1982 - City Council Speciall f
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1982
7:00 P.M.
I. Roll Call & Adoption of Agenda
II. 1982 Budget Adjustments
III. Personnel Committee Considerations
IV. Public School Facilities Discussion
V. City Hall Expansion
VI. Paratransit Slide Show
VII. Other
VIII. Adjournment
MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 23, 1982
SUBJECT: SPECIAL CITY COUNCIL MEETING/FEBRUARY 25, 1982
A special meeting of the Eagan City Council was set at the last
regular meeting held on February 16, 1982 to specifically discuss
1982 Budget adjustments, recommendations presented by the Personnel
Committee and to view a slide show on the proposed paratransit
system. One additional item was added to the agenda at the request
of Mayor Blomquist which is a discussion of public school facilities
located within the City of Eagan. This agenda item is quite general
and therefore allows for discussion on any aspect of public schools
or school systems located within our community. Originally, the
City Council wanted to view the paratransit slide show as the first
item on the agenda. However, due to a conflict with the City of
Apple Valley (it is their regular City Council meeting evening),
it will not be possible to view this slide show until approximately
9:00. There should be enough discussion regarding the first items
on the agenda that the slide show presentation from 9:00 to 9:15
p.m. will work quite well on the scheduled agenda.
The City Administrator has received a response from the project
manager of the paratransit study, representing the Metropolitan
Council and a copy of that letter is enclosed for your review.
Also enclosed is a copy of a letter that was sent by the City Ad-
ministrator to the Metropolitan Council.
Also on the agenda is the City Hall expansion. The City Administra-
tor will provide a brief outline and time table for the City Hall
expansion project. There should be a brief discussion on how the
City Council wants to proceed with selection of an architect to
draw up tentative plans as well as prepare cost estimates for a
bond referendum. Information will be available for review at the
special meeting.
Informational
The City Administrator would like direction from the City Council
regarding the jail facility. Each member of the City Council should
have received a letter from County Commissioner Voss regarding
site selection for a law enforcement facility in the City of Eagan.
Also enclosed for your information is a copy of any appeal notice
from Ken Ketchum, George Sanborn and Phil Gjevre regarding the
storm sewer improvement assessments for Project 257.
\ `\ N 4
City A ministrat
I t/
BEA SLOMOUIST
MAYOR
THOMASEGAN
JAMES A. SMITH
JERRY THOMAS
C,2 THEODORE WACHTER
COUNCIL MEMBERS
January 19, 1982
•t
CITY OF EAGAN
&7795 PILOT KNOB ROAD
10X]1199 -:
EAGAN,'MINNESOTA
-•�.N...` PHONE 454-8100
NATALIO DIAZ
PROJECT MANAGER L�
METROPOLITAN COUNCIL
300 METRO SQUARE BUILDING
7TH & ROBERT STS""
ST PAUL MN 55101
Dear Mr. Diaz:
THOMAS HEDGES
CITY ADMINISTRATOR
EUGENE VAN OVERREKE
CITY CLERK
I am writing this letter on behalf of the Eagan City Council to request
specific information regarding the goals, objectives and status of the pro-
posed paratransit system. According to our records, a preliminary applica-
tion that was made by the Metropolitan Council on behalf of the Cities of
Apple Valley, Burnsville and Eagan in early 1978 read as follows, "to
demonstrate a paratransit system that would serve the 'communities of Apple
Valley, Burnsville and Eagan which would provide local circulation .needs
and provide a collection and distribution system for regular route transit,
in a manner consistent with the paratransit development guide plan." This
study was later expanded to include the Cities of Lakeville, Rosemount
and Savage. The objectives of the study further indicate that the para -
transit project was to:
1. Improve accessibility to regular route transit; -"
2. Determine what regular route transit is unable to provide that could
be provided through paratransit;
3• Determine if the paratransit system would be utilized by drivers
and passengers and at what price the service would be used.
The original project description suggested van service for shopping and
major employment centers throughout the six cities. In addition, the para -
transit proposal was intended to compliment the existing MTC regular route
system.
It is the City of Eagan's understanding that the paratransit study will
be completed by the 'consulting firm of Cambridge Systematics, hired by
the Metropolitan Council. The City of Eagan is concerned that many of
the objectives and the project description as originally proposed for a para -
transit study have been changed during the past two years. Apparently,
a bus service is now under consideration that would act as an alternative
to the MTC bus service. The City of Eagan realizes legislation exists that
allows this alternative; however, a full fledged bus service was never con-
sidered as an alternative.
8�
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY.
L
City of Eagan/Paratransit
January 19, 1982
Page Two
The City of Eagan has several concerns it would like to have addressed
before the paratransit study proceeds too much further:
1. What exactly are the goals and objectives of the paratransit study?
2. What are the various alternatives for financing the paratransit
system?
3. How will .transportation be provided to those individuals who need
to get to and from the Minneapolis and St. Paul areas?
4. What happens if one of the six cities wants to opt out of the para -
transit system?
5. Does the paratransit sutdy/system have any priorities? If so, what
are they?
The City of Eagan is very concerned that the paratransit study has
expanded into more than originally planned without adequate communication
between the Metropolitan Council and the six communities. By addressing
the concerns I noted previously, 1 feel the Eagan City Council would have
a better understanding of what is happening with paratransit.
sincerely,
Thomas L. Hedges
City Administrator
TLP/hnd
cc: Betty Schaumberg
Ed Brunkhorst
0
.O
February 11, 1982
Mr. Thomas L. Hedges
City Administrator
City of Eagan
3795 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55122
Dear Mr. Hedges:
¢ z1vir, CI'rl�y
300 Metro Square Building
Saint Paul, Minnesota 55101
Telephone 612/291-6359
In response to your letter of January 19, 1982, I would like to assure you that
the paratransit study is proceeding in line with its original goals and
objectives. The purpose of the study is to determine if a cost effective para -
transit system can be designed to serve the internal circulation needs of
communities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount, and
Savage.
As a note of clarification, in 1978, the Metropolitan Transit Commission (MTC)
submitted a preliminary paratransit application to the Minnesota Department of
Transportation (Mn/DOT) on behalf of the cities of Apple Valley, Burnsville,
and Eagan. This project was not funded by Mn/DOT. While there are
similarities between the current paratransit study and the project that was
proposed in 1978, they are different studies.
In your letter, you asked for answers to five questions. I will respond to
each of the questions separately.
1. WHAT EXACTLY ARE THE GOALS AND OBJECTIVES OF THE PARATRANSIT STUDY?
The goal of the paratransit study is to determine whether an affordable para -
transit service can be designed to serve the communities of Apple Valley,
Eagan, Burnsville, Lakeville, Rosemount and Savage.
The study is divided into two phases. During the first phase, the feasibility
of designing a checkpoint paratransit service as compared to other paratransit
alternatives will be determined. During the second phase, a computerized dis-
patching system would be designed if warranted.
The Metropolitan Council received a $95,000 grant from UMTA to assist the
communities in the above two phases of the study.
The project currently is mid -way through the first phase, the feasibility
analysis and a final report is expected in May. The second phase would be
carried out only if the cities decide to implement a system; therefore, its
time frame cannot be accurately projected.
An Agency Created to Coordinate the Planning and Development ofthe Twin Cities Metropolitan Area Comprising:
Anoka County C Carver County 0 Dakota County � Flennepin County Ramsey County o Scott County 0 Washington County
Mr. Thomas L. Hedges
Page 2
2. WHAT ARE THE VARIOUS ALTERNATIVES FOR FINANCING THE PARATRANSIT SYSTEM?
If a paratransit system is feasible, financing of such a system will be
determined by the participating communities. Financing decisions will be
difficult to make; city councils will have to determine how much the service
will benefit the communities and how much they are willing to allocate for such
a service. Other sources of funds from the private sector and the state and
federal governments will also have to be explored.
3. HOW WILL TRANSPORTATION BE PROVIDED TO THOSE INDIVIDUALS WHO NEED TO GET TO
AND FROM MINNEAPOLIS AND ST. PAUL AREAS?
The purpose of this study is to determine the feasibility of a paratransit
system to serve the intercity needs between the six participating communities.
This study will not attempt to reorganize, reorient or replace any of the MTC
routes currently serving the communities. It may, however, address the access
of the paratransit system to the existing MTC service.
While 1981 legislation permits certain communities to explore alternatives to
MTC service, this study is not designed to accomplish this task.
4. WHAT HAPPENS IF ONE OF THE SIX CITIES WANTS TO
TV CT M9
The decision to be part of a paratransit system belongs to the city council of
each community and opting out of the system will be the privilege of the city
council.
5. DOES THE PARATRANSIT SYSTEM HAVE ANY PRIORITIES, IF SO, WHAT ARE THEY?
While the study has goals and objectives, it has no priorities other than to
assist the communities in determining if a paratransit system is feasible and
affordable.
I hope this letter addressed your concerns. Please don't hesitate to contact
me if you need further clarification.
Sincerely,
/y/%L.4•
Natalio Diaz
Project Manager
cc: Betty Schaumburg
Ed Brunkhorst
Kathy Ridder
Gayle Kincannon
ND:lh
LA271A
a
IL
STATE OF MINNESOTA
COUNTY OF DAKOTA
IN DISTRICT COURT
FIRST JUDICIAL DISTRICT
PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt
o6 the
20. dppWAat by the City viotated the rights o& the above-named appettanta said
aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at.
A, V_
Kenneth P. Ketcham
Attorney 6o)t AppettanU
1456 Vankee Ooodte Road
Eagan, MN 55121 454-8440
Kenneth P. Ketcham and LoiA M. Ketcham,
GroiL_qe C-Sanbolut and Lynette Sanborn,
Phitip W. Gjevke and Jane Gjewle,
AppettantA,
VA. NOTICE OF APPEAL
CITY OF EAGAN,
Respondent
PLEASE TAKE NOTICE that the above -nand property ouxeu, hereby appeat.
4Aom the a64usment Levied on their. property (Lot 9, Stock 2, Oak Chase 2nd Addition
Lot 20, Stock 1, 10itdume66 Park Addition, and Lot 3, Stock 1, Oak Chase 3rd
Addition) dor Storm AeWeA improvements identi6ied az Project NumbeA 257; zaid
a6seA4ment wa6 tevied by the City o6 Eagan on FebAua,%Y 16, 1982.
The basis o6 the a66eAAment appeal inctudeA, but shat[ not be Limited to
the 6ottowing, to -wit:
The amount od assessment exceeds the zpeciat behe6it6 con6eAed upon the
above appettantA pADpeAty by the in6tattation and opeAation
oj said project.
2. The a&ea beAe6ited exceeds the aAes a66eAAed in contravention o6 MinneAota
.......... . .
3. The azAeA4&ed aAea was detuonLned in on a&haAaoLy and ou4
capnici manner.
4. The method od apphaizat u6ed by the City u&u erroneous and in contravention
o6 Minnesota Law.
5. The p&ject uku not d tocoat impitovement uVJtin the meaning oj Chapter. 429 and
thus not eligi6te do& Speciat AszeAAment
6inaneing.
PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt
o6 the
20. dppWAat by the City viotated the rights o& the above-named appettanta said
aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at.
A, V_
Kenneth P. Ketcham
Attorney 6o)t AppettanU
1456 Vankee Ooodte Road
Eagan, MN 55121 454-8440
MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 22, 1982
SUBJECT: 1982 BUDGETARY REVISIONS
Due to the anticipation of a reduction of state aids, a freeze
on many budgetary expenditures was authorized by City Council action
on November 17, 1981. Recently, action was taken by the Minnesota
Legislature to reduce local government aid $39,309 and homestead
credit by approximately $7,821 and shade tree grant monies by $5,000.
At the January 19, 1982 City Council meeting, the City Administrator
was directed to prepare budgetary adjustments totaling $52,130
to the 1982 Budget for future consideration by the City Council.
The City Administrator has coordinated a proposed budgetary
reduction for the 1982 Budget through involvement of all department
heads. Adjustments for consideration are listed below:
Administration
Office Supplies
Postage
General Printing
Finance/Clerk/Elections
Salaries & Wages
Printed Material
Electronic Data Processing
Other Contractual Services
Planning & Zoning
Professional Services
General Government Buildings
Building Repair Supplies
Electricity
Buildings Repair
Miscellaneous
$ 200
500
900
$ 1,600
$ 1,000
340
1,000 .
1,500
3,840
1,402
1,402
$ 100
300
200
75
675
1982 Budgetary Revisions Memo
February 22, 1982
Page Two
Police
Fire
Teleprocessing Equipment
Conferences & Schools
Other Equipment
Furniture - Office
Operating Supplies
Miscellaneous Repairs
Miscellaneous Supplies
Salaries & Wages
$ 3,570
600
5,000
1,000
1,270
800
600
6,528
$19,368
Waste Removal $ 4,000
Machinery & Equipment Rentals 200
General Print & Binding 60
Protective Inspection
Professional $ 2,000
Reference Materials 100
Animal Control
Mobile Equipment
Public Works/Engineering
Salaries, Wages & Benefits
Streets & Highways
Salaries, Wages & Benefits
Other Equipment Repair
Other Contractual Services
Parks & Recreation
4,260
2,100
$ 500
500
$10,355
10,355
$ 1,000
1,000
200
2,200
Salaries & Wages - Temp. $ 4,000
Shade Tree Program 2,000
6,000
Total General Fund Reductions $52,300
1982 Budgetary Revisions Memo
February 22, 1982
Page Three
Each department head submitted departmental reductions varying
from 1.5% - 2.0%; however, in some cases, the amounts were higher.
The City Administrator evaluated the total list of suggested
revisions and the aforementioned items are recommended as a 1982
budget reduction for the General Fund. There is support documenta-
tion on all proposed reductions that will be available for review
at the meeting on Thursday. Approximately 54% of the proposed
reductions are salaries and professional services. Capital expendi-
tures represent approximately 21% of the proposed reductions, while
the remaining 25% is spread over several operating expenses.
New programs are for the most part delayed. Some existing programs
will be cut slightly; however, the impact of the cutback should
cause minimal hardship for the public when realizing the total
amount to be cut is approximately 1.6% of the total General Fund
Budget.
�,'" fA"
ity Administrator
MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 23, 1982
SUBJECT: PERSONNEL COMMITTEE MEETING/2-11-82
The Personnel Committee, made up of Chairman City Councilmember
Tom Egan and City Councilmember Ted Wachter, met with the City
Administrator on February 11, 1982 at 4:30 p.m. in the office of
the City Administrator. The purpose of the committee meeting was
to gather facts and prepare recommendations for consideration by
the City Council regarding the three (3) following items:
Compensatory Time for Supervisory Employees
2. Vacation Schedule for Supervisory Employees
Fire Department Policies
a. Limited Duty Fire Fighters
b. Chief Childers' Action Regarding Additional Daytime
Fire Fighters
The Committee reviewed a memorandum that was prepared by the City
Administrator (a copy is attached for your review) that expressed
his concern over the amount of compensatory time that is recorded
as official payroll information for supervisory employees. Because
the total number of hours is considerably high, the Personnel Com-
mittee was concerned that, unless a policy is considered that regu-
lates the use and accrual of compensatory time, the City could
be exposed to an enormous liability when supervisory employees
leave City employment. The Personnel Committee reviewed several
alternatives and, based on their findings, recommended that super-
visory employees receive up to a maximum addition of 100 hours
transferable from compensatory time to vacation time in exchange
for supervisory employees giving up all recorded compensatory time.
In the future, employees would record actual hours worked; however,
there would be no consideration for compensatory time. Since the
Personnel Committee meeting, the City Administrator has reviewed
the personnel files for each of the supervisory employees, and
apparently, certain supervisory employees were given the under-
standing by former City Councils that they would be given compensa-
tory time off in the form of actual time off or a cash payment.
The City Administrator supports the recommendation of the Personnel
Committee; however, the issue could become sensative due to various
letters and understanding of employment for a number of the super-
visory employees. The City Administrator will comment in further
detail on this matter at the meeting on Thursday.
Personnel Committee Memo
February 23, 1982
Page Two
2. Vacation accrual for supervisory employees ties directly to compen-
satory time, realizing that certain employees have used compensatory
time rather than vacation and therefore have built up larger vaca-
tion accrual balances. Once the compensatory time issue is resolved,
more than likely there will not be any issue with the vacation
schedule as it relates to supervisory employees. The Personnel
Committee has no recommendation due to these findings.
3. Fire Department.
Item a. Limited Duty Fire Fighters -- The Personnel Committee
discussed in some length the question of whether a fire fighter,
once injured, should be granted limited duty and therefore qualify
for a full twenty year pension upon completing twenty years of
service as a firefighter. The Personnel Committee feels strongly
that there should be a cut off time for years of service if limited
duty is to be considered for a fire fighter. The number of years
considered was seventeen, meaning a fire fighter would have to
have served as a member of the fire department for a minimum of
seventeen years before becoming disabled before becoming qualified
for limited duty. One consideration to qualify for a twenty year
pension while serving limited duty is to equate one and one-half
years of full service for one year of pension for those years served
after seventeen. In other words, a fire fighter who is injured
and provided limited duty after seventeen years must complete twenty-
one and one-half years to qualify for a twenty year pension. There
would be certain criteria established such as medical proof of
a disability and guidelines established by the Fire Department.
Since the Personnel Committee meeting, Chief Bob Childers has dis-
cussed the idea of limited duty with the volunteer fire fighters
and there is some concern whether the Fire Department wants to
continue any consideration for limited duty at all. At the time
of this memorandum, the City Administrator had not communicated
with Chief Childers; however, he will havg a response for the
meeting on Thursday.
Item b. An updated list of the number of daytime and nighttime
fire fighters will be made available at the meeting .on Thursday.
l\\
it�inistra or
PERSONNEL COMMITTEE
February 11, 1982
4:30 P.M.
OFFICE OF THE CITY
I. Compensatory Time
II. Vacation Schedule
III. Fire Departlrent Policies
IV. Other
17 • • • 71' • I p ••"I 1 p
GATE: FEBRUARY 10, 1982
71=__L_ '�L ���1�1 !•'Wu14YM�1 ui�I �IYI�:
The following items are in order for discussion by the Personnel Committee
at a meeting scheduled for r1hursday, February 11, 1982 at 4:30 P.M.:
1) Compensatory time
2) Vacation schedule
3) Fire Department personnel
The -meeting will be held in the office of the City Administrator and is
scheduled to end at 6:00 P.M.
[Li:�I3o�ff'YCOJ&&Lill
The City has practiced an unwritten policy allowing for the recording and
use of compensatory time for all supervisory and non -supervisory employees
since the first full time employees were employed in the 1960's. To date,
the non -supervisory employees have maintained a low controllable balance
due to the normal 40 -hour work week. However, supervisory (management)
employees often exceed the normal 40 -hour work week, and due to the amount
of work recently experienced in our City, it is not possible to take off
tine equal to the compensatory time some employees have accrued. There is
language provided for in the clerical contract allowing for use of the a mr
pensatory time. It is possible for those employees to take off time as it
occurs and therefore, the accumulation of hours for non -supervisory employ-
ees is not a concern.
Since the number of hours recorded in excess of the normal 40 (forty) hour
work week has increased substantially in the last 2-3 years, a liability
question has arisen in this office regarding fair compensation in the
amount of wages, or time off. This applies to the employee during employ-
ment or upon resignation. A legal opinion regarding this issue will be
available for review at the Committee Meeting. Also available at the Comr
mittee Meeting will be a review of the most current balance of compensa-
tory time accrued for supervisory employees.
So as to limit a future liability, or challenge, by an employee, a written
policy is necessary to control the use and regulation of compensatory time.
The following options for written policy are offered for discussion:
1) No compensatory time for any supervisory employee
2) Compensatory time will be available to supervisory
employees for any hours worked beyond the designated
work week for their classification. (As an example;
the City Administrator normally works 9 -hour days
with two evening meetings that average 3-4 hours
Personnel Committee Meeting
February 10, 1982
Page two
each. Therefore, a normal work week would be approx-
imately 52 hours for that position.) (kmpensation is
defined as the level of responsibility, hours worked,
and level of expertise for any given employee classi-
fication. Therefore, each supervisory would lie review-
ed to determine a level of work hours for his or her
position classification, and the compensatory time
would be established in relationship to those work
hours. Using the example above for the City Administra-
tor, cemgrensatory time would be made available for any
work over 52 hours per week.
3) Compensatory time is converted to a cash payment. with
no time actually taken. Again, a policy for deter-
mining compensatory time is required such as No. 2
above.
4) Compensatory time is determined by the City Administra-
tor for special events, meetings or other extraordinary
events that benefit the City of Fagan as he so designates
for any supervisory employee.
Because of the size of the organization and the amount of work load exper-
ienced by many of the supervisory employees, time above and beyond 40-45
hours a week has been necessary to meet the work load. Therefore, careful
consideration should be given to a policy that would be fair and equitable
to the City of Fagan as well as the supervisory employees.
VACATICN
The City Administrator would like to discuss the vacation schedule as it
relates to all supervisory employees. There are some concerns that vaca-
tion is not being used by certain employees due to the use of oempensatory
time and/or the work load of certain positions. Information will be made
available as to the vacation accrual for supervisory employees as of 1-19-82.
The City Administrator will discuss various alternatives to the use of vaca-
tion time after compensatory time is reviewed.
At the December 15, 1981 City Council Meeting, a request for additional
fire fighters was considered containing 6 (six) whereas and the following
motion, "That the Fagan Fire Department be directed to add at least 10 fire-
men to the day available list at Stations 2 and 3, and further that the De-
partment staffing stay at 75 fire fighters in compliance with the current
ordinance." Fire Chief Childers and the two District Chiefs met with the en-
tire City Council at a Special Committee Meeting on January 28, 1982 to dis-
cuss in future detail the need for additional fire fighters. The Fire De-
partment is looking at a reserve program for older fire fighters, and also
would like some reaminendation as it relates to the number of fire fighters.
The City Administrator is compiling information that will be available for
review on both of these issues.
Personnel Camtittee
February 10, 1982
Page three
All additional information as referenced in this menu will be available for
review at our meeting tamriow evening.
140% %Q�gx0_
Thomas L. Hedges
City Administrator
VACATION
COMP. 'TIME
II
NAME I
BALANCE
1-1-81
I EARNED
I 1981
I USED
I 19811
I BALANCE II
1 12-26-8111
BALANCE
1-1-81
I EARNED
1 1981
I USED
1 1981
I BALANCEI
112-26-811
Hedges 1
296.6
I 120.12
1 68.0
I 348.7 11"
1132.0
I 348.51
90.0
1 1390.5 1
VanOverbeke 11
80.0
I 80.08
1 40.0
I 120.1 II
I 83.0
I 46.0
I 37.0
Runkle ii
216.0
I 100.1
I 124.0
1 192.1 II
627.5
I 274.5
1 219.0
I 683.0
Berthe iI
213.4
i 130.22
I 181.0
I 162.6 II
52.0
1 45.5
1 60.5
I 37.01
DesLauriers I
253.4
1 130.22
1 168.0
I 215.6 II
274.0
I 182.0
I 346.0
I 110.0 1
D. Peterson 11
222.0
I 120.12
1 159.0
1 183.1 11
219.5
1 27.0
I 48.5
I 198.0
Reid 11
_ II
227.4
1 120.12
I
172.0
I
175.5
I II
145.5
96.5
I
77.5
I
164.5
I I
Branch iI
486.0
i 126.81
i 404.0
1 208.8 11
644.0
I 59.0
I 93.0
I 610.0
Colbert II
79.0
I 80.08
I 72.0
1 87.1 II
650.0
I 376.0
I 127.5
I 898.5
Shockley 11
394.5
I 120.12
I 320.0
1 194.6 II
67.5
120.0
1 76.0
I 111.5
McGuffee I
108.0
I 120.12
144.0 I
84.1 11
26.3
I 111.9
I 80.5
I 57.7
Peterson 11
37.1
I 80.08 1
24.0 I
93.2 1I
I
119.5
I 114.3
I 5.2
Vraa 11
40.0 I
80.08 1
--- I
120.1 1I
127.0 1
188.0 I
116.0
I 199.0 I
Connolly 11
175.0 1
120.12 1
144.0 1
151.1 II
366:5 1
165.6
142.5
I 389.6
... %
PAUL H. HAIIGE & AssocuTEs, P.A.
ATTORNEYS AT LAW
9808 SIBLEY MEMORIAL HIGHWAY
EAGAN (ST. PAUL). MINNESOTA 63122
PAUL H. HAUGE
BRADLEY SMITH
KEVIN W. EIDE
DAVID G. KELLER
Mr. Thomas L. Hedges
City Administrator
3795 Pilot Knob Road
Eagan, MN 55122
February 11, 1982
Re: Compensatory Time -- City Supervisors
Dear Tom:
AREA CODE 812
TELEPHONE 484-4224
You asked what the current state of the law is regarding compensatory time
for City supervisory employees who may leave the City and request compensation
for such time.
It is my understanding that the City's policy in effect at the present time
essentially is as follows:
1. Those employees covered by collective bargaining units get paid on a
straight hourly or one and a half time rate for overtime so no compensatory
time is built up.
2. An agreement with the Police Department personnel provides for $20-$30 per
month in lieu of overtime.
3. The supervisors are currEat-ly keeping track of overtime over 40 hours per
month but apparently have not been paid directly in the past and in some cases
are taking additional time off in order to reduce the compensatory time.
There are several statutes which deal with overtime including M.S.A. 177.25
which indicates that an employer must pay employees one and a half times the
regular hourly rate for time in excess of 48 hours per week, but that employees
of political subdivisions may be granted time off at the rate of one and one-
half hours for each hour worked in excess of 48 hours per week in lieu of
monetary compensation. In addition, under M.S.A. 181.14, in the event an
employee is entitled to any unpaid salary at the time that he or she leaves
that notice can be given to the employer and if not paid within five days
thereafter, a penalty will be assessed.
It wool d seem that some of -the essentials dealing with compensatory time
policy would be as follows:
1. That it might be suggested that some type of policy be set up when an
employee and supervisor is hired stating that it is expected that he or she
will be spending, for example, 46-52hours per week on the average without
any compensatory time.
Mr. Hedges
February 11, 1982
Page Two
2. That any compensatory time computed then should be done on a regular
weekly basis to determine how much compensatory time over that base expected
number of hours actually is overtime.
3. It would be important to treat all persons in the same category similarly
so that in the event of a dispute that a Court would not claim discrimmination
among the same categories of employees.
4. A question of whether the supervisory employee could demand payment for
compensatory time and eventually collect by Court action might depend upon
some of the factors that I mentioned above and if there is no strict policy
whether the City is granting compensatory time to be paid to other non -
supervisory employees. Because it is provided for such overtime benefits in
a number of ways depending upon unit, it would seem logical that a Court would
also tend to treat the supervisory employees somewhat similarly. Therefore, I
would expect that if a supervisory employee did bring an action for collection
of overtime, that the City is exposed to payment but, of course, on a realistic
basis, depending on its position and how much was ordinarly expected of that
supervisor on a regular weekly basis,
skk
Very
Paul H. Hauge
l f
SPECIAL CITY COUNCIL MEETING
FEBRUARY 25, 1982
7:00 P.M.
I. Roll Call & Adoption of Agenda
II. 1982 Budget Adjustments
III. Personnel Committee Considerations
IV. Public School Facilities Discussion
V. City Hall Expansion
VI. Paratransit Slide Show
VII. Other
VIII. Adjournment
MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 23, 1982
SUBJECT: SPECIAL CITY COUNCIL MEETING/FEBRUARY 25, 1982
A special meeting of the Eagan City Council was set at the last
regular meeting held on February 16, 1982 to specifically discuss
1982 Budget adjustments, recommendations presented by the Personnel
Committee and to view a slide show on the proposed paratransit
system. One additional item was added to the agenda at the request
of Mayor Blomquist which is a discussion of public school facilities
located within the City of Eagan. This agenda item is quite general
and therefore allows for discussion on any aspect of public schools
or school systems located within our community. Originally, the
City Council wanted to view the paratransit slide show as the first
item on the agenda. However, due to a conflict with the City of
Apple Valley (it is their regular City Council meeting evening),
it will not be possible to view this slide show until approximately
9:00. There should be enough discussion regarding the first items
on the agenda that the slide show presentation from 9:00 to 9:15
p.m. will work quite well on the scheduled agenda.
The City Administrator has received a response from the project
manager of the paratransit study, representing the Metropolitan
Council and a copy of that letter is enclosed for your review.
Also enclosed is a copy of a letter that was sent by the City Ad-
ministrator to the Metropolitan Council.
Also on the agenda is the City Hall expansion. The City Administra-
tor will provide a brief outline and time table for the City Hall
expansion project. There should be a brief discussion on how the
City Council wants to proceed with selection of an architect to
draw up tentative plans as well as prepare cost estimates for a
bond referendum. Information will be available for review at the
special meeting.
Informational
The City Administrator would like direction from the City Council
regarding the jail facility. Each member of the City Council should
have received a letter from County Commissioner Voss regarding
site selection for a law enforcement facility in the City of Eagan.
Also enclosed for your information is a copy of any appeal notice
from Ken Ketchum, George Sanborn and Phil Gjevre regarding the
storm sewer improvement assessments for Project 257.
\ `\ N 4
City A ministrat
I t/
BEA SLOMOUIST
MAYOR
THOMASEGAN
JAMES A. SMITH
JERRY THOMAS
C,2 THEODORE WACHTER
COUNCIL MEMBERS
January 19, 1982
•t
CITY OF EAGAN
&7795 PILOT KNOB ROAD
10X]1199 -:
EAGAN,'MINNESOTA
-•�.N...` PHONE 454-8100
NATALIO DIAZ
PROJECT MANAGER L�
METROPOLITAN COUNCIL
300 METRO SQUARE BUILDING
7TH & ROBERT STS""
ST PAUL MN 55101
Dear Mr. Diaz:
THOMAS HEDGES
CITY ADMINISTRATOR
EUGENE VAN OVERREKE
CITY CLERK
I am writing this letter on behalf of the Eagan City Council to request
specific information regarding the goals, objectives and status of the pro-
posed paratransit system. According to our records, a preliminary applica-
tion that was made by the Metropolitan Council on behalf of the Cities of
Apple Valley, Burnsville and Eagan in early 1978 read as follows, "to
demonstrate a paratransit system that would serve the 'communities of Apple
Valley, Burnsville and Eagan which would provide local circulation .needs
and provide a collection and distribution system for regular route transit,
in a manner consistent with the paratransit development guide plan." This
study was later expanded to include the Cities of Lakeville, Rosemount
and Savage. The objectives of the study further indicate that the para -
transit project was to:
1. Improve accessibility to regular route transit; -"
2. Determine what regular route transit is unable to provide that could
be provided through paratransit;
3• Determine if the paratransit system would be utilized by drivers
and passengers and at what price the service would be used.
The original project description suggested van service for shopping and
major employment centers throughout the six cities. In addition, the para -
transit proposal was intended to compliment the existing MTC regular route
system.
It is the City of Eagan's understanding that the paratransit study will
be completed by the 'consulting firm of Cambridge Systematics, hired by
the Metropolitan Council. The City of Eagan is concerned that many of
the objectives and the project description as originally proposed for a para -
transit study have been changed during the past two years. Apparently,
a bus service is now under consideration that would act as an alternative
to the MTC bus service. The City of Eagan realizes legislation exists that
allows this alternative; however, a full fledged bus service was never con-
sidered as an alternative.
8�
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY.
L
City of Eagan/Paratransit
January 19, 1982
Page Two
The City of Eagan has several concerns it would like to have addressed
before the paratransit study proceeds too much further:
1. What exactly are the goals and objectives of the paratransit study?
2. What are the various alternatives for financing the paratransit
system?
3. How will .transportation be provided to those individuals who need
to get to and from the Minneapolis and St. Paul areas?
4. What happens if one of the six cities wants to opt out of the para -
transit system?
5. Does the paratransit sutdy/system have any priorities? If so, what
are they?
The City of Eagan is very concerned that the paratransit study has
expanded into more than originally planned without adequate communication
between the Metropolitan Council and the six communities. By addressing
the concerns I noted previously, 1 feel the Eagan City Council would have
a better understanding of what is happening with paratransit.
sincerely,
Thomas L. Hedges
City Administrator
TLP/hnd
cc: Betty Schaumberg
Ed Brunkhorst
0
.O
February 11, 1982
Mr. Thomas L. Hedges
City Administrator
City of Eagan
3795 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55122
Dear Mr. Hedges:
¢ z1vir, CI'rl�y
300 Metro Square Building
Saint Paul, Minnesota 55101
Telephone 612/291-6359
In response to your letter of January 19, 1982, I would like to assure you that
the paratransit study is proceeding in line with its original goals and
objectives. The purpose of the study is to determine if a cost effective para -
transit system can be designed to serve the internal circulation needs of
communities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount, and
Savage.
As a note of clarification, in 1978, the Metropolitan Transit Commission (MTC)
submitted a preliminary paratransit application to the Minnesota Department of
Transportation (Mn/DOT) on behalf of the cities of Apple Valley, Burnsville,
and Eagan. This project was not funded by Mn/DOT. While there are
similarities between the current paratransit study and the project that was
proposed in 1978, they are different studies.
In your letter, you asked for answers to five questions. I will respond to
each of the questions separately.
1. WHAT EXACTLY ARE THE GOALS AND OBJECTIVES OF THE PARATRANSIT STUDY?
The goal of the paratransit study is to determine whether an affordable para -
transit service can be designed to serve the communities of Apple Valley,
Eagan, Burnsville, Lakeville, Rosemount and Savage.
The study is divided into two phases. During the first phase, the feasibility
of designing a checkpoint paratransit service as compared to other paratransit
alternatives will be determined. During the second phase, a computerized dis-
patching system would be designed if warranted.
The Metropolitan Council received a $95,000 grant from UMTA to assist the
communities in the above two phases of the study.
The project currently is mid -way through the first phase, the feasibility
analysis and a final report is expected in May. The second phase would be
carried out only if the cities decide to implement a system; therefore, its
time frame cannot be accurately projected.
An Agency Created to Coordinate the Planning and Development ofthe Twin Cities Metropolitan Area Comprising:
Anoka County C Carver County 0 Dakota County � Flennepin County Ramsey County o Scott County 0 Washington County
Mr. Thomas L. Hedges
Page 2
2. WHAT ARE THE VARIOUS ALTERNATIVES FOR FINANCING THE PARATRANSIT SYSTEM?
If a paratransit system is feasible, financing of such a system will be
determined by the participating communities. Financing decisions will be
difficult to make; city councils will have to determine how much the service
will benefit the communities and how much they are willing to allocate for such
a service. Other sources of funds from the private sector and the state and
federal governments will also have to be explored.
3. HOW WILL TRANSPORTATION BE PROVIDED TO THOSE INDIVIDUALS WHO NEED TO GET TO
AND FROM MINNEAPOLIS AND ST. PAUL AREAS?
The purpose of this study is to determine the feasibility of a paratransit
system to serve the intercity needs between the six participating communities.
This study will not attempt to reorganize, reorient or replace any of the MTC
routes currently serving the communities. It may, however, address the access
of the paratransit system to the existing MTC service.
While 1981 legislation permits certain communities to explore alternatives to
MTC service, this study is not designed to accomplish this task.
4. WHAT HAPPENS IF ONE OF THE SIX CITIES WANTS TO
TV CT M9
The decision to be part of a paratransit system belongs to the city council of
each community and opting out of the system will be the privilege of the city
council.
5. DOES THE PARATRANSIT SYSTEM HAVE ANY PRIORITIES, IF SO, WHAT ARE THEY?
While the study has goals and objectives, it has no priorities other than to
assist the communities in determining if a paratransit system is feasible and
affordable.
I hope this letter addressed your concerns. Please don't hesitate to contact
me if you need further clarification.
Sincerely,
/y/%L.4•
Natalio Diaz
Project Manager
cc: Betty Schaumburg
Ed Brunkhorst
Kathy Ridder
Gayle Kincannon
ND:lh
LA271A
a
IL
STATE OF MINNESOTA
COUNTY OF DAKOTA
IN DISTRICT COURT
FIRST JUDICIAL DISTRICT
PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt
o6 the
20. dppWAat by the City viotated the rights o& the above-named appettanta said
aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at.
A, V_
Kenneth P. Ketcham
Attorney 6o)t AppettanU
1456 Vankee Ooodte Road
Eagan, MN 55121 454-8440
Kenneth P. Ketcham and LoiA M. Ketcham,
GroiL_qe C-Sanbolut and Lynette Sanborn,
Phitip W. Gjevke and Jane Gjewle,
AppettantA,
VA. NOTICE OF APPEAL
CITY OF EAGAN,
Respondent
PLEASE TAKE NOTICE that the above -nand property ouxeu, hereby appeat.
4Aom the a64usment Levied on their. property (Lot 9, Stock 2, Oak Chase 2nd Addition
Lot 20, Stock 1, 10itdume66 Park Addition, and Lot 3, Stock 1, Oak Chase 3rd
Addition) dor Storm AeWeA improvements identi6ied az Project NumbeA 257; zaid
a6seA4ment wa6 tevied by the City o6 Eagan on FebAua,%Y 16, 1982.
The basis o6 the a66eAAment appeal inctudeA, but shat[ not be Limited to
the 6ottowing, to -wit:
The amount od assessment exceeds the zpeciat behe6it6 con6eAed upon the
above appettantA pADpeAty by the in6tattation and opeAation
oj said project.
2. The a&ea beAe6ited exceeds the aAes a66eAAed in contravention o6 MinneAota
.......... . .
3. The azAeA4&ed aAea was detuonLned in on a&haAaoLy and ou4
capnici manner.
4. The method od apphaizat u6ed by the City u&u erroneous and in contravention
o6 Minnesota Law.
5. The p&ject uku not d tocoat impitovement uVJtin the meaning oj Chapter. 429 and
thus not eligi6te do& Speciat AszeAAment
6inaneing.
PLEASE NOTE that the tevying og this a6seAzment a6teA the receipt
o6 the
20. dppWAat by the City viotated the rights o& the above-named appettanta said
aetie6 6o& these "otations is pkedicated on 42 U.S.C.A. 1983, et at.
A, V_
Kenneth P. Ketcham
Attorney 6o)t AppettanU
1456 Vankee Ooodte Road
Eagan, MN 55121 454-8440
MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 22, 1982
SUBJECT: 1982 BUDGETARY REVISIONS
Due to the anticipation of a reduction of state aids, a freeze
on many budgetary expenditures was authorized by City Council action
on November 17, 1981. Recently, action was taken by the Minnesota
Legislature to reduce local government aid $39,309 and homestead
credit by approximately $7,821 and shade tree grant monies by $5,000.
At the January 19, 1982 City Council meeting, the City Administrator
was directed to prepare budgetary adjustments totaling $52,130
to the 1982 Budget for future consideration by the City Council.
The City Administrator has coordinated a proposed budgetary
reduction for the 1982 Budget through involvement of all department
heads. Adjustments for consideration are listed below:
Administration
Office Supplies
Postage
General Printing
Finance/Clerk/Elections
Salaries & Wages
Printed Material
Electronic Data Processing
Other Contractual Services
Planning & Zoning
Professional Services
General Government Buildings
Building Repair Supplies
Electricity
Buildings Repair
Miscellaneous
$ 200
500
900
$ 1,600
$ 1,000
340
1,000 .
1,500
3,840
1,402
1,402
$ 100
300
200
75
675
1982 Budgetary Revisions Memo
February 22, 1982
Page Two
Police
Fire
Teleprocessing Equipment
Conferences & Schools
Other Equipment
Furniture - Office
Operating Supplies
Miscellaneous Repairs
Miscellaneous Supplies
Salaries & Wages
$ 3,570
600
5,000
1,000
1,270
800
600
6,528
$19,368
Waste Removal $ 4,000
Machinery & Equipment Rentals 200
General Print & Binding 60
Protective Inspection
Professional $ 2,000
Reference Materials 100
Animal Control
Mobile Equipment
Public Works/Engineering
Salaries, Wages & Benefits
Streets & Highways
Salaries, Wages & Benefits
Other Equipment Repair
Other Contractual Services
Parks & Recreation
4,260
2,100
$ 500
500
$10,355
10,355
$ 1,000
1,000
200
2,200
Salaries & Wages - Temp. $ 4,000
Shade Tree Program 2,000
6,000
Total General Fund Reductions $52,300
1982 Budgetary Revisions Memo
February 22, 1982
Page Three
Each department head submitted departmental reductions varying
from 1.5% - 2.0%; however, in some cases, the amounts were higher.
The City Administrator evaluated the total list of suggested
revisions and the aforementioned items are recommended as a 1982
budget reduction for the General Fund. There is support documenta-
tion on all proposed reductions that will be available for review
at the meeting on Thursday. Approximately 54% of the proposed
reductions are salaries and professional services. Capital expendi-
tures represent approximately 21% of the proposed reductions, while
the remaining 25% is spread over several operating expenses.
New programs are for the most part delayed. Some existing programs
will be cut slightly; however, the impact of the cutback should
cause minimal hardship for the public when realizing the total
amount to be cut is approximately 1.6% of the total General Fund
Budget.
�,'" fA"
ity Administrator
MEMO TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 23, 1982
SUBJECT: PERSONNEL COMMITTEE MEETING/2-11-82
The Personnel Committee, made up of Chairman City Councilmember
Tom Egan and City Councilmember Ted Wachter, met with the City
Administrator on February 11, 1982 at 4:30 p.m. in the office of
the City Administrator. The purpose of the committee meeting was
to gather facts and prepare recommendations for consideration by
the City Council regarding the three (3) following items:
Compensatory Time for Supervisory Employees
2. Vacation Schedule for Supervisory Employees
Fire Department Policies
a. Limited Duty Fire Fighters
b. Chief Childers' Action Regarding Additional Daytime
Fire Fighters
The Committee reviewed a memorandum that was prepared by the City
Administrator (a copy is attached for your review) that expressed
his concern over the amount of compensatory time that is recorded
as official payroll information for supervisory employees. Because
the total number of hours is considerably high, the Personnel Com-
mittee was concerned that, unless a policy is considered that regu-
lates the use and accrual of compensatory time, the City could
be exposed to an enormous liability when supervisory employees
leave City employment. The Personnel Committee reviewed several
alternatives and, based on their findings, recommended that super-
visory employees receive up to a maximum addition of 100 hours
transferable from compensatory time to vacation time in exchange
for supervisory employees giving up all recorded compensatory time.
In the future, employees would record actual hours worked; however,
there would be no consideration for compensatory time. Since the
Personnel Committee meeting, the City Administrator has reviewed
the personnel files for each of the supervisory employees, and
apparently, certain supervisory employees were given the under-
standing by former City Councils that they would be given compensa-
tory time off in the form of actual time off or a cash payment.
The City Administrator supports the recommendation of the Personnel
Committee; however, the issue could become sensative due to various
letters and understanding of employment for a number of the super-
visory employees. The City Administrator will comment in further
detail on this matter at the meeting on Thursday.
Personnel Committee Memo
February 23, 1982
Page Two
2. Vacation accrual for supervisory employees ties directly to compen-
satory time, realizing that certain employees have used compensatory
time rather than vacation and therefore have built up larger vaca-
tion accrual balances. Once the compensatory time issue is resolved,
more than likely there will not be any issue with the vacation
schedule as it relates to supervisory employees. The Personnel
Committee has no recommendation due to these findings.
3. Fire Department.
Item a. Limited Duty Fire Fighters -- The Personnel Committee
discussed in some length the question of whether a fire fighter,
once injured, should be granted limited duty and therefore qualify
for a full twenty year pension upon completing twenty years of
service as a firefighter. The Personnel Committee feels strongly
that there should be a cut off time for years of service if limited
duty is to be considered for a fire fighter. The number of years
considered was seventeen, meaning a fire fighter would have to
have served as a member of the fire department for a minimum of
seventeen years before becoming disabled before becoming qualified
for limited duty. One consideration to qualify for a twenty year
pension while serving limited duty is to equate one and one-half
years of full service for one year of pension for those years served
after seventeen. In other words, a fire fighter who is injured
and provided limited duty after seventeen years must complete twenty-
one and one-half years to qualify for a twenty year pension. There
would be certain criteria established such as medical proof of
a disability and guidelines established by the Fire Department.
Since the Personnel Committee meeting, Chief Bob Childers has dis-
cussed the idea of limited duty with the volunteer fire fighters
and there is some concern whether the Fire Department wants to
continue any consideration for limited duty at all. At the time
of this memorandum, the City Administrator had not communicated
with Chief Childers; however, he will havg a response for the
meeting on Thursday.
Item b. An updated list of the number of daytime and nighttime
fire fighters will be made available at the meeting .on Thursday.
l\\
it�inistra or
PERSONNEL COMMITTEE
February 11, 1982
4:30 P.M.
OFFICE OF THE CITY
I. Compensatory Time
II. Vacation Schedule
III. Fire Departlrent Policies
IV. Other
17 • • • 71' • I p ••"I 1 p
GATE: FEBRUARY 10, 1982
71=__L_ '�L ���1�1 !•'Wu14YM�1 ui�I �IYI�:
The following items are in order for discussion by the Personnel Committee
at a meeting scheduled for r1hursday, February 11, 1982 at 4:30 P.M.:
1) Compensatory time
2) Vacation schedule
3) Fire Department personnel
The -meeting will be held in the office of the City Administrator and is
scheduled to end at 6:00 P.M.
[Li:�I3o�ff'YCOJ&&Lill
The City has practiced an unwritten policy allowing for the recording and
use of compensatory time for all supervisory and non -supervisory employees
since the first full time employees were employed in the 1960's. To date,
the non -supervisory employees have maintained a low controllable balance
due to the normal 40 -hour work week. However, supervisory (management)
employees often exceed the normal 40 -hour work week, and due to the amount
of work recently experienced in our City, it is not possible to take off
tine equal to the compensatory time some employees have accrued. There is
language provided for in the clerical contract allowing for use of the a mr
pensatory time. It is possible for those employees to take off time as it
occurs and therefore, the accumulation of hours for non -supervisory employ-
ees is not a concern.
Since the number of hours recorded in excess of the normal 40 (forty) hour
work week has increased substantially in the last 2-3 years, a liability
question has arisen in this office regarding fair compensation in the
amount of wages, or time off. This applies to the employee during employ-
ment or upon resignation. A legal opinion regarding this issue will be
available for review at the Committee Meeting. Also available at the Comr
mittee Meeting will be a review of the most current balance of compensa-
tory time accrued for supervisory employees.
So as to limit a future liability, or challenge, by an employee, a written
policy is necessary to control the use and regulation of compensatory time.
The following options for written policy are offered for discussion:
1) No compensatory time for any supervisory employee
2) Compensatory time will be available to supervisory
employees for any hours worked beyond the designated
work week for their classification. (As an example;
the City Administrator normally works 9 -hour days
with two evening meetings that average 3-4 hours
Personnel Committee Meeting
February 10, 1982
Page two
each. Therefore, a normal work week would be approx-
imately 52 hours for that position.) (kmpensation is
defined as the level of responsibility, hours worked,
and level of expertise for any given employee classi-
fication. Therefore, each supervisory would lie review-
ed to determine a level of work hours for his or her
position classification, and the compensatory time
would be established in relationship to those work
hours. Using the example above for the City Administra-
tor, cemgrensatory time would be made available for any
work over 52 hours per week.
3) Compensatory time is converted to a cash payment. with
no time actually taken. Again, a policy for deter-
mining compensatory time is required such as No. 2
above.
4) Compensatory time is determined by the City Administra-
tor for special events, meetings or other extraordinary
events that benefit the City of Fagan as he so designates
for any supervisory employee.
Because of the size of the organization and the amount of work load exper-
ienced by many of the supervisory employees, time above and beyond 40-45
hours a week has been necessary to meet the work load. Therefore, careful
consideration should be given to a policy that would be fair and equitable
to the City of Fagan as well as the supervisory employees.
VACATICN
The City Administrator would like to discuss the vacation schedule as it
relates to all supervisory employees. There are some concerns that vaca-
tion is not being used by certain employees due to the use of oempensatory
time and/or the work load of certain positions. Information will be made
available as to the vacation accrual for supervisory employees as of 1-19-82.
The City Administrator will discuss various alternatives to the use of vaca-
tion time after compensatory time is reviewed.
At the December 15, 1981 City Council Meeting, a request for additional
fire fighters was considered containing 6 (six) whereas and the following
motion, "That the Fagan Fire Department be directed to add at least 10 fire-
men to the day available list at Stations 2 and 3, and further that the De-
partment staffing stay at 75 fire fighters in compliance with the current
ordinance." Fire Chief Childers and the two District Chiefs met with the en-
tire City Council at a Special Committee Meeting on January 28, 1982 to dis-
cuss in future detail the need for additional fire fighters. The Fire De-
partment is looking at a reserve program for older fire fighters, and also
would like some reaminendation as it relates to the number of fire fighters.
The City Administrator is compiling information that will be available for
review on both of these issues.
Personnel Camtittee
February 10, 1982
Page three
All additional information as referenced in this menu will be available for
review at our meeting tamriow evening.
140% %Q�gx0_
Thomas L. Hedges
City Administrator
VACATION
COMP. 'TIME
II
NAME I
BALANCE
1-1-81
I EARNED
I 1981
I USED
I 19811
I BALANCE II
1 12-26-8111
BALANCE
1-1-81
I EARNED
1 1981
I USED
1 1981
I BALANCEI
112-26-811
Hedges 1
296.6
I 120.12
1 68.0
I 348.7 11"
1132.0
I 348.51
90.0
1 1390.5 1
VanOverbeke 11
80.0
I 80.08
1 40.0
I 120.1 II
I 83.0
I 46.0
I 37.0
Runkle ii
216.0
I 100.1
I 124.0
1 192.1 II
627.5
I 274.5
1 219.0
I 683.0
Berthe iI
213.4
i 130.22
I 181.0
I 162.6 II
52.0
1 45.5
1 60.5
I 37.01
DesLauriers I
253.4
1 130.22
1 168.0
I 215.6 II
274.0
I 182.0
I 346.0
I 110.0 1
D. Peterson 11
222.0
I 120.12
1 159.0
1 183.1 11
219.5
1 27.0
I 48.5
I 198.0
Reid 11
_ II
227.4
1 120.12
I
172.0
I
175.5
I II
145.5
96.5
I
77.5
I
164.5
I I
Branch iI
486.0
i 126.81
i 404.0
1 208.8 11
644.0
I 59.0
I 93.0
I 610.0
Colbert II
79.0
I 80.08
I 72.0
1 87.1 II
650.0
I 376.0
I 127.5
I 898.5
Shockley 11
394.5
I 120.12
I 320.0
1 194.6 II
67.5
120.0
1 76.0
I 111.5
McGuffee I
108.0
I 120.12
144.0 I
84.1 11
26.3
I 111.9
I 80.5
I 57.7
Peterson 11
37.1
I 80.08 1
24.0 I
93.2 1I
I
119.5
I 114.3
I 5.2
Vraa 11
40.0 I
80.08 1
--- I
120.1 1I
127.0 1
188.0 I
116.0
I 199.0 I
Connolly 11
175.0 1
120.12 1
144.0 1
151.1 II
366:5 1
165.6
142.5
I 389.6
... %
PAUL H. HAIIGE & AssocuTEs, P.A.
ATTORNEYS AT LAW
9808 SIBLEY MEMORIAL HIGHWAY
EAGAN (ST. PAUL). MINNESOTA 63122
PAUL H. HAUGE
BRADLEY SMITH
KEVIN W. EIDE
DAVID G. KELLER
Mr. Thomas L. Hedges
City Administrator
3795 Pilot Knob Road
Eagan, MN 55122
February 11, 1982
Re: Compensatory Time -- City Supervisors
Dear Tom:
AREA CODE 812
TELEPHONE 484-4224
You asked what the current state of the law is regarding compensatory time
for City supervisory employees who may leave the City and request compensation
for such time.
It is my understanding that the City's policy in effect at the present time
essentially is as follows:
1. Those employees covered by collective bargaining units get paid on a
straight hourly or one and a half time rate for overtime so no compensatory
time is built up.
2. An agreement with the Police Department personnel provides for $20-$30 per
month in lieu of overtime.
3. The supervisors are currEat-ly keeping track of overtime over 40 hours per
month but apparently have not been paid directly in the past and in some cases
are taking additional time off in order to reduce the compensatory time.
There are several statutes which deal with overtime including M.S.A. 177.25
which indicates that an employer must pay employees one and a half times the
regular hourly rate for time in excess of 48 hours per week, but that employees
of political subdivisions may be granted time off at the rate of one and one-
half hours for each hour worked in excess of 48 hours per week in lieu of
monetary compensation. In addition, under M.S.A. 181.14, in the event an
employee is entitled to any unpaid salary at the time that he or she leaves
that notice can be given to the employer and if not paid within five days
thereafter, a penalty will be assessed.
It wool d seem that some of -the essentials dealing with compensatory time
policy would be as follows:
1. That it might be suggested that some type of policy be set up when an
employee and supervisor is hired stating that it is expected that he or she
will be spending, for example, 46-52hours per week on the average without
any compensatory time.
Mr. Hedges
February 11, 1982
Page Two
2. That any compensatory time computed then should be done on a regular
weekly basis to determine how much compensatory time over that base expected
number of hours actually is overtime.
3. It would be important to treat all persons in the same category similarly
so that in the event of a dispute that a Court would not claim discrimmination
among the same categories of employees.
4. A question of whether the supervisory employee could demand payment for
compensatory time and eventually collect by Court action might depend upon
some of the factors that I mentioned above and if there is no strict policy
whether the City is granting compensatory time to be paid to other non -
supervisory employees. Because it is provided for such overtime benefits in
a number of ways depending upon unit, it would seem logical that a Court would
also tend to treat the supervisory employees somewhat similarly. Therefore, I
would expect that if a supervisory employee did bring an action for collection
of overtime, that the City is exposed to payment but, of course, on a realistic
basis, depending on its position and how much was ordinarly expected of that
supervisor on a regular weekly basis,
skk
Very
Paul H. Hauge