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HomeMy WebLinkAboutAgenda Packets - 2011/07/25CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 25, 2011 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Conversation with Ramsey County Attorney John Choi 7. COUNCIL BUSINESS A. Resolution 7814, Re-approving the Coventry Senior Living Plat and Development Agreement B. Resolution 7815, Approving Severance Payment to Nate Behlen, Public Works Maintenance Sanitary Sewer Worker C. Resolution 7805 Approving Revisions to Section 4 the City’s Personnel Manual Pertaining to “Separations” 8. CONSENT AGENDA A. Resolution 7812, Authorization to Enter into a Grant Agreement with the Minnesota Institute of Public Health as Part of the Alcohol Compliance Check Program B. Resolution 7813, Renewal of Training Contract with Century College 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Mounds View Police Department Quarterly Report 2. Public W orks Project Updates C. Reports of City Attorney 12. Next Council Work Session: Monday, August 1, 2011, at 7pm Next Council Meeting: Monday, August 8, 2011, at 7pm 13. ADJOURNMENT CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 25, 2011 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Conversation with Ramsey County Attorney John Choi 7. COUNCIL BUSINESS A. Resolution 7814, Re-approving the Coventry Senior Living Plat and Development Agreement B. Resolution 7815, Approving Severance Payment to Nate Behlen, Public Works Maintenance Sanitary Sewer Worker C. Resolution 7805 Approving Revisions to Section 4 the City’s Personnel Manual Pertaining to “Separations” 8. CONSENT AGENDA A. Resolution 7812, Authorization to Enter into a Grant Agreement with the Minnesota Institute of Public Health as Part of the Alcohol Compliance Check Program B. Resolution 7813, Renewal of Training Contract with Century College 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Mounds View Police Department Quarterly Report 2. Public Works Project Updates C. Reports of City Attorney 12. Next Council Work Session: Monday, August 1, 2011, at 7pm Next Council Meeting: Monday, August 8, 2011, at 7pm 13. ADJOURNMENT Item No: 7A Meeting Date: July 25, 2011 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 7814, Reapproving the Final Plat and Developers Agreement for the “Coventry Senior Living” Development; Planning Case MU2010-001 Introduction: On March 28, 2011, the City Council passed Resolution 7757, which approved the final plat and developers agreement for the Coventry Senior Living development. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 120 days. Coventry Senior Living has not yet started the project and did not recorded the final plat and developers agreement within the allowed 120 days. Their final plat and developers agreement approval expires on July 26, 2011. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within one hundred twenty (120) days, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993 Code). Coventry Senior Living Report July 25, 2011 Page 2 Discussion: Coventry Senior Living, represented by Greg Johnson, has submitted a letter requesting the final plat and developers agreement be reapproved. They intend to complete their financing and move forward with the project this fall. Recommendations: Staff requests that the City Council pass Resolution 7814, reapproving the Coventry Senior Living final plat and developers agreement. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter from Greg Johnson, Coventry Senior Living 2. Resolution 7814 RESOLUTION NO. 7814 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING THE “COVENTRY SENIOR LIVING” FINAL PLAT AND DEVELOPERS AGREEMENT; MOUNDS VIEW PLANNING CASE NO. MU2010-001 WHEREAS, Greg Johnson, representing Coventry Senior Living has requested re-approval of the final plat and the Developers Agreement for the “Coventry Senior Living” project on three properties legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) WHEREAS, The applicant has requested that the City rezone the above- described lands to PUD, Planned Unit Development, which the City now designates as Mixed-Use PUD in the Comprehensive Plan; and, WHEREAS, Coventry Senior Living has submitted a Final Plat, date stamped March 21, 2011, for the major subdivision that combines three lots into one parcel; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee that would be equivalent to 10% of the Ramsey County assessed land value of the project area and a County Road 10 Trail Contribution; and, WHEREAS, the grading and drainage plan has been reviewed by the City Engineering consultant; and, Resolution 7814 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents about this proposal: 1. Final Plat, dated March 21, 2011 2. Comprehensive Plan Future Land Use Map 3. Site Plan, dated August 4, 2010 4. Grading, Utility & Landscape Plans, dated August 4, 2010 5. Developers Agreement WHEREAS, on August 9, 2010, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and passed Resolution 7655 that approved the “Coventry Senior Living of Mounds View” preliminary plat and development review; and, WHEREAS, the City attorney and Public Works Staff have reviewed the final plat and they find it to be in conformance with all applicable sections of the Mounds View City Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, on March 28, 2011, the Mounds View City Council approved Resolution 7757 which approved the final plat and developers agreement for the “Coventry Senior Living” subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control, which caused the final plat and development agreement approval to become null and void. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the Preliminary Plat and Final Plat, re-approves the Final Plat and Developers Agreement for the “Coventry Senior Living” subdivision, subject to stipulations as follows: 1. Coventry Senior Living must receive final City Council approvals for rezoning the development area and easement vacations before starting any work on the project site. 2. Before the City issues any permits, Coventry Senior Living shall pay to the City a park dedication fee of $69,300 and a County Road 10 Trail Contribution in the amount of $8,260. 3. Coventry Senior Living of Mounds View shall enter into various agreements with the City including (but not limited to) the Developers Agreement and PUD Agreement, and said documents shall be recorded with Ramsey County. 4. Coventry Senior Living shall obtain final approval from Rice Creek Watershed District before starting any construction activity. Resolution 7814 Page 3 5. No demolition, grading or construction activity may proceed without the contractor obtaining all necessary permits. 6. The developer or contractor shall locate all utilities within the development underground. 7. The developer or contractor shall obtain the necessary permits for all work occurring within the City and County rights of way. 8. Coventry Senior Living shall complete all requirements after final review of the final plat by the City Attorney, including securing Title Insurance for the new easement. 9. Coventry Senior Living shall meet all requirements of the City’s Public Works Director and engineering consultant, Bonestroo. 10. Coventry Senior Living shall satisfy all Ramsey County requirements. 11. The approval contemplated herein is subject to the condition that Coventry Senior Living paying for all costs concerning this subdivision incurred by the City Attorney, city consultants, and any other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that re-approval of this final plat and Developers Agreement is subject to recordation with Ramsey County, which shall occur within one hundred twenty (120) days of Council approval. Within 10 days of the recording, Coventry Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the final plat shall be void. Adopted this 25th day of July, 2011. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 07B Meeting Date: July 25, 2011 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7815, Authorizing Severance Payment to Nate Behlen, Public Works Maintenance Sanitary Sewer Worker Background Nate Behlen submitted his resignation, and his last day with the City was Wednesday, July 13, 2011. Attached is Resolution 7815, which authorizes severance to Mr. Behlen in accordance with the 2010-2011 Public Works Collective Bargaining Agreement. Discussion Resolution 7815 provides for a payout of Mr. Behlen’s vacation. In accordance with Article 26 of the 2010-2011 Public Works Collective Bargaining Agreement: ARTICLE 26. SEVERANCE Upon separation from employment with CITY, an EMPLOYEE shall be provided severance compensation of accrued and unused vacation hours and accrued compensatory time. Unused Floating Holidays shall not be considered in the computation of severance compensation. Upon death of an EMPLOYEE, the beneficiary of the EMPLOYEE shall be paid any due severance. Severance benefits will be paid at the employee’s regular rate of pay on the last date as an employee. Mr. Behlen is authorized a vacation time payout totaling $714.88. This is calculated as 29.70 times his hourly rate of $24.07. Mr. Behlen did not have any unused or accrued compensatory time. Resolution 7815 also provides a payout of Mr. Behlen’s sick time. In accordance with Article 27.1 of the 2010-2011 Public Works Collective Bargaining Agreement: 27.1 Upon separation from employment with the CITY, EMPLOYEES who have completed two years of service and leave in good standing shall contribute fifty percent (50%) of unused sick leave to the Plan, up to a maximum lifetime contribution of 960 hours. EMPLOYEES with more than ten years of continuous service shall have an increased maximum contribution such that for every year of completed service beyond ten, the maximum contribution shall be increased by 20 hours. For example, a fifteen-year employee’s maximum lifetime contribution to the plan would be 1060 hours and a twenty year employee’s maximum lifetime contribution would be 1160 hours, converted at a two-to-one rate. City Council Meeting Staff Report Item 07B Monday, July 25, 2011 Page 2 Mr. Behlen is authorized a sick time payout totaling $1,254.89 to his Retirement Health Savings Plan. This is calculated as 104.27 unused/accrued sick hours times 50% times his hourly rate of $24.07. Recommendation Staff recommends approving Resolution 7815 in accordance with the 2010-2011 Public Works Collective Bargaining Agreement. Respectfully submitted, _______________________ Desaree Crane RESOLUTION NO. 7815 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR NATE BEHLEN, PUBLIC WORKS MAINTENANCE SANITARY SEWER WORKER WHEREAS, Nate Behlen has resigned from the Mounds View Public Works Department effective July 13, 2011; and WHEREAS, the balance of accrued and unused vacation is 29.70 hours as of July 13, 2011; and WHEREAS, the balance of accrued and unused sick leave time is 104.27 hours as of July 13, 2011; and WHEREAS, Nate Behlen’s current rate of pay is $24.07 per hour; and WHEREAS, the maximum potential payout of vacation time will be 29.70 hours x $24.07 = $714.88; and WHEREAS, the maximum potential payout of sick time will be 104.27 hours x 50% x $24.07 = $1,254.89; and WHEREAS, $1,254.89 will be contributed to Nate Behlen’s Retirement Health Savings Plan in accordance with the 2010-2011 Public Works Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a one-time payout of vacation time not to exceed $714.88 to Nate Behlen in accordance with the 2010-2011 Public Works Collective Bargaining Agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves a one-time payout of sick time to Mr. Behlen’s Retirement Health Savings Plan not to exceed $1,254.89, in accordance with the 2010-2011 Public Works Collective Bargaining Agreement. Adopted this 25th day of July, 2011. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) Item No: 07C Meeting Date: July 25, 2011 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7805 Approving Revisions to Section 4 the City’s Personnel Manual Pertaining to “Separations” Introduction: The City Council first reviewed Section 4 of the Personnel Manual, relating to “Separations”, at the May 2, 2011 Work Session. Staff had indicated at that time that the City Attorney’s office was reviewing the policies to ensure consistency with other policies, consistency with state and federal laws, and to suggest logical revisions to improve procedural understanding and application. The attorney’s revisions were presented to the City Council on June 27, 2011, however more questions were raised which necessitated further refinement. The version presented for Council action at this time should address the Council’s questions. Discussion: As was indicated at the June 27th meeting, because the policies have been rearranged, combined and refined, it would be impractical to show all the revisions in typical underline and strike-out fashion. Instead, I have again summarized the changes for your reference and review, with any changes subsequent to the version reviewed on June 27th noted for Council’s reference. The Council asked whether the attorney reviewed the League’s model policy when the revisions were prepared. The attorney’s response is as follows: “The League's personnel policy template does not have comparable provisions  for separation.  The template only has two provisions relating to   "Resignations" and "Severance Pay".  Mounds View has one of the most extensive  policies dealing with separation of employment, procedures and ongoing  benefits.  My revisions were intended to orgainize the policy a bit for  clarity and also confirm conpliance with regard to Minnesota law and ongoing  benefits.  I DID review alot of the provisions from the League's HR Reference  Manual for purposes of determining the City's obligations with regard to  continuation of benefits.”  Summary of the Original Changes The original Section 4.01 relating to Employees with Disabilities has been removed, due in part to its unclear purpose and potential overlap with Family Medical Leave Act (FMLA) requirements. Individual sections in the existing document dealing with the various types of separations (such as discharge, retirement, resignation, death, etc.) have been reorganized into one section entitled “Separation of Employment”. Subsections within this section have been summarized where appropriate. Section 4.10 originally entitled “Insurance Continuation” has been renamed “Continuation of Insurance and Benefits” and instead of articulating very specific provisions of coverage that are addressed in state and federal law, these policy provides more of a summary of the relevant provisions. The bottom line is that the City will comply with all applicable state and federal laws. Section 4 Report July 25, 2011 Page 2 Two provisions from Section 4.35A, as noted below, have been removed to correct for inconsistency and to eliminate references to specific policies of external organizations. Employees who wish to continue their health insurance coverage through the City may be able to use their last paycheck to pay for future premiums on a pre-tax basis. See Section 4.10 to determine eligibility and for additional information on Insurance Continuation. Requests for PERA refund may not be submitted until the day of termination. ICMA withdrawal decisions must be made within 60 days of leaving employment. In addition, two clauses were modified in Section 4.35 D to eliminate inconsistency. The first was to reference sick leave balances in Section 3.45 and the other deleted the following language as it is no longer applicable: Additional banked sick leave hours will not be computed in severance pay, except as noted in Section 3.45. Employees who have completed ten years of service and retire may elect, in lieu of severance pay, to have the employer use sixty-five percent (65%) of the employee’s accrued and unused sick leave for the retiree’s group health, dental and life insurance premiums for as long as the funds are available up to the retiree’s 65th birthday. Summary of NEW Changes At the June 27th meeting, the Council indicated that the wording in Policy 4.05 B (Lay Off) needed to be clarified, specifically where it referenced “an employee from the armed forces”. The attorney suggests eliminating that paragraph altogether, as the issue is adequately addressed in the subsequent paragraph. Thus, the following was removed: No regular employee shall be laid off while another provisional appointment or an appointment to temporary position exists in the same class in the same department. No suspension, demotion or dismissal of an employee from the armed services as disciplinary action shall be considered as a layoff, nor shall separation as a result of reduction of federal or state funded programs be considered a layoff. The Council also noted that a word was missing from the last line of the second paragraph in Section 4.10 A. The attorney recommends instead the following sentence, which originates from the League’s model policy: Retirees 65 and older will be offered an option to continue on some city-sponsored benefit plan, but they do not have to be offered the same benefit plan as active employees and early retirees. Finally, the Council asked whether the third paragraph of Section 4.10 A was pursuant to state law--that the City would have to pay for a family's health insurance if an officer were to be killed or disabled while on duty, until the individual reaches age 65 (or would have Section 4 Report July 25, 2011 Page 3 reached the age of 65.) The attorney responds that Mn. Stat. Section 299A.465 requires a city to continue to pay the employer's contribution for dependant health care for officers or firefighters injured or killed in the line of duty until the employee does or would have reached age 65 or until the dependent no longer qualifies as a dependent under the policy. Because the policy as written is a bit confusing, the attorney recommends eliminating the second sentence of the third paragraph under Section 4.10A. The first sentence adequately indicates that the City will comply with applicable state law with regard to continued benefits for injured or killed officer or firefighters and their dependents. This paragraph would read as follows: The City will provide continued health insurance coverage pursuant to applicable Minnesota law for peace officers and firefighters disabled or killed in the line of duty and for dependants meeting the applicable eligibility criteria. Coverage will continue for the officer, firefighter, or their dependents if appropriate, at the City’s expense until the officer or firefighter reaches the age of 65. Recommendation: With these additional changes, staff believes the Council’s questions have been addressed and that this section of the Personnel Manual is ready for Council consideration. Resolution 7805 has been prepared for Council action if the Council is in agreement. Respectfully submitted, ________________________ James Ericson City Administrator Exhibits: 1. Resolution 7805 2. Attachment A – Proposed Revisions to Section 4 RESOLUTION 7805 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING THE SECTION 4 OF THE CITY OF MOUNDS VIEW PERSONNEL MANUAL WHEREAS, the City Council has been systematically reviewing and updating the City’s Personnel Manual since December of 2010; and, WHEREAS, the City Council reviewed Section 4 of the Personnel Manual entitled “Separations” at its Work Session on May 2, 2011 and again at its regular meeting on June 27, 2011; and, WHEREAS, at the June 27, 2011 meeting, the City Council requested additional feedback from the City Attorney, outlining several areas to be clarified; and, WHEREAS, the City Attorney has concluded his review and responded to the Council inquiries, submitting revisions as shown in the attached “Exhibit A”. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves the proposed revisions to Section 4 of the Mounds View Personnel Manual, as shown in Exhibit A. Adopted this 25th day of July, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Revised: July 25, 2011 1 Section Four: Separations POLICY: SEPARATION OF EMPLOYMENT SECTION: 4.05 Separation of employment from the City can occur as a result of an employee’s discharge, termination, retirement, layoff or death. The following policies identify each type of separation of employment as well as the procedures and payments to be made to the employee upon separation. A. DISCHARGE Employees who are involuntarily terminated will be paid through their termination date. In addition, employees will receive the value of any accrued vacation and sick leave, under the conditions of Section 4.35, Separation Procedures and Policies. Employees will be paid for wages earned within 24 hours of their termination if requested by the employee. The basis of a discharge shall not be predicated on the employee’s race, sex, creed, religion, color, age, national origin, disability, marital status, sexual orientation, political affiliation, or status with regard to public assistance. New probationary employees may be terminated at any time for any reason that does not violate local, state or federal law with or without notice subject to the rights of veterans. For additional information regarding just cause and termination procedures, see Section 1.05 Discipline. B. LAYOFF The City Administrator, with approval of the City Council, may lay-off any employee whenever such action is deemed necessary by reason of shortage of work or funds, the elimination of a position, changes in organization, or other causes. The duties performed by any employee laid off may be reassigned to other employees who occupy positions in other classifications, except the duties performed by veterans covered by the Veterans Preference Act shall not in bad faith be transferred to non veterans. No regular employee shall be laid off while another provisional appointment or an appointment to temporary position exists in the same class in the same department. No suspension, demotion or dismissal of an employee from the armed services as disciplinary action shall be considered as a layoff, nor shall separation as a result of reduction of federal or state funded programs be considered a layoff. EXHIBIT “A” Revised: July 25, 2011 2 Order of Layoff It is recognized that reductions in force may not impact all departments or divisions to the same extent. Therefore, it may be necessary to transfer employees from one department or division to another. When all other factors are equal, longevity shall be the determining criterion for layoffs of employees in their respective classifications. Reductions in grade, i.e., demotions may be made in conjunction with layoffs. Past performance and longevity shall be considered in the event of a reduction in grade instead of a layoff. An employee being demoted must be qualified for the position in which the employee will be employed. No regular employee shall be laid off or reduced in grade while another provisional appointment or probationary appointment or an appointment to a temporary position exists in the same classification. Notice of Layoff The City Administrator shall give written notice of a layoff to a regular or probationary employee at least 14 calendar days before the effective date of the Layoff. A copy of the notice shall be provided to the Human Resource Representative. This policy only applies to regular part-time and full-time employees. Written notice of layoff may be given to provisional or temporary employees at any time prior to the effective date of layoff. C. RESIGNATION When an employee voluntarily resigns from employment with the City, he or she must submit a written notice at least two weeks in advance. Advance notice will assist the City in preparing to fill the position. Procedures The letter of resignation is submitted to the immediate Supervisor, and should include the following:  An indication that the resignation is voluntary.  The reason for leaving  The last day of actual work  The employee’s signature Failure to Give Notice If an employee fails to submit a letter of resignation two weeks prior to their actual last day of work, it may result in loss of “good standing” and influence future employment opportunities with the City. In addition, it may impact the content of future reference reports on the individual. If an employee quits, but refuses to submit a letter of resignation, the Supervisor will need to complete a written report on the circumstances surrounding the matter. Revised: July 25, 2011 3 Unauthorized Absence Unauthorized absences from work for a period of three (3) consecutive work days may be considered as a resignation without proper notice. Checking Out The letter of resignation is given to the Human Resource Representative. See Section 4.35 for check-out procedures and further information. D. RETIREMENT Retirement is defined as separation from City employment when the employee is immediately eligible, based on age and/or service requirements, for an annuity from a Minnesota public pension plan such as Public Employees Retirement Association (PERA). Service can be all PERA service credits, or combined service with one or more of the other state covered funds. Employees who intend to retire are encouraged to obtain forms and benefit information from their retirement program administrator well in advance of their estimated retirement date. E. DEATH If termination of employment is caused by death of the employee, any wages earned but not paid and any unused vacation benefits will be paid to the estate of the deceased employee. All such payments are subject to ordinary State and Federal payroll deductions. In some instances the guidelines listed above may not be practicable. The City Administrator reserves the right to make exceptions to the above policy in unusual circumstances. POLICY: INSURANCE AND BENEFIT CONTINUATION SECTION: 4.10 The City is required under federal and state laws to offer employees the continuation of certain benefits when qualifying events have occurred, such as termination of employment, retirement, disability or death. This policy is intended to be a general summary of the applicable continuation laws but if this information conflicts with the applicable state or federal law, the law will supersede and be implemented by the City. A. HEALTH AND DENTAL INSURANCE State and federal laws allow for the continuation of health and dental insurance benefits for terminated or laid off employees of the City for up to 18 months at the former employee’s expense. In the event an employee is separated from their employment with the City based on their total disability, health and dental insurance benefits will be available at the former employee’s expense for an additional period of time as established by state and federal law. Revised: July 25, 2011 4 Pursuant to applicable state law, retired employees will be allowed to continue on the City’s group health insurance plan and/or dental plan at their own expense as long as they are either (1) receiving disability benefits or retirement annuity benefits from a Minnesota public pension plan (such as PERA) other than a volunteer firefighter plan; or (2) have met the age and service requirements necessary to receive an annuity from a public pension plan, but have opted not to draw upon the funds at the time they retire. Employees who retire before age 65 must be allowed to stay in the group benefit plans at the same rate as the active employees until age 65. Retirees at 65 and older may a different plan sponsored by the City and at a different premium rate. Retirees 65 and older will be offered an option to continue on some city-sponsored benefit plan, but they do not have to be offered the same benefit plan as active employees and early retirees. The City will provide continued health insurance coverage pursuant to applicable Minnesota law for peace officers and firefighters disabled or killed in the line of duty and for dependants meeting the applicable eligibility criteria. Coverage will continue for the officer, firefighter, or their dependents if appropriate, at the City’s expense until the officer or firefighter reaches the age of 65. The City will comply with all state and federal laws with regard to providing proper notice to former employees of their right to continued health and dental insurance coverage. B. LIFE INSURANCE Whenever a covered employee ceases employment with the City, insurance coverage will be discontinued on the first day of the month following the date of termination. An employee separated from their employment with the City may elect to continue life insurance for a period up to 18 months at the terminating employee’s expense. C. FLEXIBLE BENEFITS Dependent Care Expenses Employees can submit claims for dependent care costs, which were incurred before leaving City employment, until December 31 of the plan year. Dependent care expenses incurred after the employee leaves the City are not eligible for reimbursement. Other Medical Costs Employees may continue to file reimbursement claim forms for “Other Medical Costs” after termination of employment or reduction in hours. Claim forms can be submitted through the end of the plan year on the Fridays, which are scheduled as Flex Claims Due days. Revised: July 25, 2011 5 OR Employees can continue to participate in the Flexible Benefits Plans on an after- tax basis for up to 18 months, in which case claims for expenses incurred after the termination/reduction in hours date may be submitted. Further information on continuing Flexible Benefits participation is provided when the employee leaves employment or reduces their hours below benefit earning levels. POLICY: SEPARATION PROCEDURES AND POLICIES SECTION: 4.35 A separated employee is someone who is leaving City employment as a result of discharge, retirement, layoff or resignation. The following procedures will assist the employee in a smooth transition when leaving the City of Mounds View. A. CHECK OUT The Supervisor/Department Head should notify Human Resources of the employee’s separation of employment and forward the original letter of resignation to the Human Resources Department. In the event the termination is a discharge or layoff, a copy of the notice to the employee should be forwarded in place of the resignation letter. It is important to notify Finance well in advance of the last day of employment so arrangements may be made to prepare the final paycheck. The last day on the job is the last day the employee works a regularly scheduled shift. If the employee is eligible to receive vacation and/or compensatory accumulated time, that time will also be paid effective the last day. All outstanding expense reports or monetary advances shall also be resolved. B. EXIT INTERVIEW Exit interviews may be conducted by the City Administrator if deemed appropriate. C. RETURN OF CITY PROPERTY Employees leaving City employment are required to return all property and equipment issued by the City prior to his or her last day of employment. This equipment includes, but is not limited to, building keys, gas pump and vehicle keys, identification badges, and all such other property issued to employees during the course of their employment. Employees may be asked to sign a form indicating they have returned all such property. D. SEPARATION COMPENSATION Vacation Revised: July 25, 2011 6 An employee will be compensated for accrued vacation and compensatory time upon separation. Sick Leave Severance Severance pay shall be granted to employees who leave in good standing in the amount of fifty percent (50%) of unused sick leave to employees who have completed two years of service. Maximum accumulation of sick leave is 120 days. Additional banked sick leave hours will not be computed in severance pay, except as noted in Section 3.45. The spouse or family of an employee is eligible for severance benefits, if the following conditions are met:  Employee worked for the City for two years prior to the termination of employment; and;  The employee died while an employee of the City. Severance benefits will be paid at the employee’s regular rate of pay on the last date as an employee. POLICY: UNEMPLOYMENT COMPENSATION CLAIMS SECTION: 4.40 The policy on unemployment compensation claims is critical to the financial well-being of the City. This is because the City does not contribute to the unemployment compensation pool through the payment of premiums, but instead is charged directly for its share of any benefits paid. Therefore, any payment of claims is a direct cost to the affected department's budget. To avoid the payment of unemployment compensation to former employees who are ineligible, all notices of unemployment claims should be forwarded to the Finance Department. POLICY: REFERENCE CHECKS SECTION: 4.45 The City of Mounds View provides reference information on former employees within the scope of the Minnesota Government Data Practices Act. The laws regarding data privacy are carefully followed. If a former employee would like to authorize someone to have access to private data about them, he or she must complete an authorization form available from the Human Resources Representative. This form meets specific data practices requirements, including the informed consent provision, as outlined by State Law. For additional information on employee records and data privacy, see Section 1.15. Item No: 8A Meeting Date: July 25, 2011 Type of Business: Consent Agenda Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Authorization to Enter into a Grant Agreement with the MN Institute of Public Health as part of the Alcohol Compliance Check Grant Program Discussion: The Minnesota Institute of Public Health has been contracted by the Minnesota Department of Public Safety to administer an alcohol compliance check grant program. The Mounds View Police Department applied for and was awarded this grant. The purpose of this grant is to provide funds to law enforcement in order to conduct alcohol checks among all licensed alcohol businesses. A compliance check is a tool to identify alcohol establishments that sell to underage youth. Conducting these periodic checks can ensure that businesses are following proper procedure to avoid selling to an underage person. The Mounds View Police Department currently conducts these periodic compliance checks. However, this grant can offset some costs incurred during these activities. The department is eligible to receive $30.00 per compliance check, up to a maximum award of $480.00. The term of this grant agreement runs from July 1, 2011 and expires on May 31, 2012. Recommendation: Staff recommends the council approve Resolution 7812 authorizing the acceptance of the Alcohol Compliance Check grant. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7812 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA INSTITUTE OF PUBLIC HEALTH AS PART OF THE ALCOHOL COMPLIANCE CHECK GRANT PROGRAM WHEREAS, the Minnesota Institute of Public Health has been contracted by the Minnesota Department of Public Safety to administer an alcohol compliance check grant program; and WHEREAS, The Mounds View Police Department applied for and was awarded this grant amounting to $30.00 per compliance check for a maximum amount of $480.00 on a reimbursement basis; and WHEREAS, alcohol compliance checks are tools to identify establishments selling to underage persons and by conducting these checks, it can ensure businesses are following proper procedures to avoid selling to underage youth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota to authorize entering into a grant agreement (attached as Exhibit A) with the Minnesota Institute of Public Health as a recipient of the Alcohol Compliance Check Grant Program for funds to total $30.00 per compliance check, not to exceed $480.00, during the period of July 1, 2011 through May 31, 2012. Adopted this 25th day of July 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) Item No: 8B Meeting Date: July 25, 2011 Type of Business: Consent Agenda Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Resolution 7813, Renewal of Training Contract with Century College Background: Century College has provided police training courses to the Mounds View Police Department and numerous other police agencies in Minnesota and Wisconsin since 1994. Century College provides approximately 300 hours of POST approved training, to include mandated courses along with a wide selection of many other law enforcement related courses. Discussion: Agencies wishing to participate in this training option can select the number of training slots they would like to have available to their agency for any given course offering. Most courses are offered more than once during the year, so it is not necessary to purchase a slot for every officer on the department. The total cost to renew the contract for two training slots at $595.00 per slot is $1190.00. Recommendation: Staff recommends approval to renew the police department training contract with Century College for two training slots at a total cost of $1190.00 for the contract period from September 1, 2011 through June 30, 2012. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7813 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE RENEWAL OF A TRAINING CONTRACT WITH CENTURY COLLEGE FROM SEPTEMBER 1, 2011 THROUGH JUNE 30, 2012 WHEREAS, Century College has been providing the Mounds View Police Department with POST certified law enforcement training since 1994; and WHEREAS, the current contract for training expired June 30, 2011; and WHEREAS, Century College usually offers training courses more than once during the training year; and WHEREAS, Century College charges $595.00 per reserved training slot for one to five reserved slots; and WHEREAS, two training slots will be reserved for this contract period totaling $1190.00. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View, Ramsey County, Minnesota approves the renewal of a law enforcement training contract with Century College effective from September 1, 2011 through June 30, 2012, at a total cost of $1190.00 for that contract period. Adopted this 25thd day of July, 2011. Joe Flaherty, Mayor ATTEST _______________________________ Jim Ericson, City Administrator (seal) www.ci.mounds-view.mn.us 1 MOUNDS VIEW POLICE QUARTERLY REPORT April - June 2011 Police Department 2401 County Road 10· Mounds View, MN 55112-1499 Phone 763-717-4070· FAX: 763-717-4069 www.ci.mounds-view.mn.us 2 Statistical Reports: Activity Apr thru Jun 2011 TOTAL Apr thru Jun 2010 TOTAL Year to Date 2011 TOTAL Adult Arrests 93 83 177 Juvenile Arrests 10 14 18 Calls For Service 1755 1625 3117 Court Citations 342 298 512 Administrative Offenses 62 112 130 Apr thru Jun 2011 Investigative Reports Cases assigned for investigation TOTAL 96 TOTAL YEAR TO DATE 194 Assault 16 Misc-Other Offenses 12 Burglary 10 Disturbing Peace 4 Forgery 0 Obscenity 0 Narcotics 2 Property Damage/Trespass 4 Arson 3 Robbery 0 Crimes Against Family 4 Theft/Fraud 18 Traffic (DUI, Accidents, Other) 7 Vehicle Theft/Tampering 1 Criminal Sexual Conduct 7 Weapons 1 Misc. Liquor Offenses 0 Crimes Against Admin of Justice 1 Juvenile-Runaway 6 www.ci.mounds-view.mn.us 3 Apr thru Jun 2011 Crime Reports TOTAL 394 TOTAL YEAR TO DATE 713 Assault 36 Misc-Other Offenses 14 Burglary 19 Disturbing Peace 50 Forgery 2 Obscenity 1 Narcotics 16 Property Damage/Trespass 48 Arson 4 Robbery 0 Crimes Against Family 3 Theft/Fraud 99 Traffic (DUI, Accidents, other) 54 Vehicle Theft/Tampering 6 Criminal Sexual Conduct 6 Weapons 6 Misc. Liquor Offenses 14 Crimes Against Admin of Justice 3 Juvenile-Runaway/Curfew 13 Apr thru Jun 2011 Misc. Incidents, Calls & Complaints TOTAL 1455 TOTAL YEAR TO DATE 2465 Lost & Found (persons/property) 37 Suspicion Narcotics 11 Vehicles (towed, recovered, abandoned) 18 Public Disturbance/Loud Party 95 Accidents 55 Disorderly Juvenile 48 Animal Complaints/Impounds 117 MV/Traffic Complaints 104 Fires 23 MV/Noise Complaints 0 Medical/Suicide/Mental/DOA 231 City Ordinance Complaints 25 Domestic-Verbal 60 Warrants 15 Alarms 67 Assist other Agencies 82 Lockouts 56 Misc. Public Calls 283 Suspicious Misc 125 www.ci.mounds-view.mn.us 4 211 255 314 0 100 200 300 400 2009 2010 2011 Traffic Citations Top 5 Crimes 99 5450 48 36Theft Traffic Dist Peace Prop Damage/Trespass Assault www.ci.mounds-view.mn.us 5 Apr thru Jun Medical Calls 140 125 126 182 196 0 50 100 150 200 250 2007 2008 2009 2010 2011 Crime Prevention/DARE Officer Keckeisen hosted a very successful DARE graduation for over 100 5th graders from Pinewood Elementary School. In efforts to provide additional safety, Officer Keckeisen and other patrol officers will typically provide a police presence before and after school at Pinewood, Edgewood and Sunnyside Schools. Pinewood School also held an annual Fun Run on June 2nd in which the officers assisted with traffic control and safety. Officer Keckeisen conducted alcohol and tobacco compliance checks this quarter. All of the businesses licensed to sell alcohol and tobacco in Mounds View passed the compliance checks! Officer Keckeisen and other officers participated in a bike helmet fitting event at the Mounds View Community Center to help area children be safer as they ride their bikes this summer. Attendance at the monthly property manager’s coalition meetings continue this quarter, as well as meeting with property managers on a weekly basis to discuss reports of crimes that happened on their property and to develop proactive strategies to deter future criminal activity. Discussions between the crime prevention officer and property representatives occur to find solutions with recent nuisances on licensed properties. Many of the regular duties continue to receive attention, such as monitoring monthly alarm reports and administering fines for repeat locations, checking registered predatory offenders to ensure compliance, distributing the weekly crime summary report and mapping with prevention tips and providing extra patrol and presence in targeted areas throughout the city. www.ci.mounds-view.mn.us 6 Training Report Officers attended the following training courses to maintain POST licenses and to receive the most current information in the various areas listed: • First Aid/CPR/AED Refresher • Intro to Incident Command System (ICS) • Use of Force/Taser Refresher • VICAP Training- False Abductions • Death Investigation Conference • SOTA Conference • MN Chief’s Executive Training Institute • Incident Command System EOC Interface • Donations Management • Homeland Security Exercise & Evaluation Program (HSEEP) • Standardized Field Sobriety Testing Refresher • LMC Safety & Loss Control Workshop • Law Enforcement Executive Development Seminar (LEEDS) • Microsoft Excel Basic 2007 • Critical Incident Training • MPPOA Convention • Rights of Police Officers • Firearms Qualification • ICS Single Resources & Initial Action Incidents • One on One Control Tactics Ramsey County Traffic Safety Initiative (RCTSI) The spring quarter showed a substantial increase in activity. During the past three months, the Mounds View Police Department was involved in seven saturations. Six of these opportunities were as direct participants with the Ramsey County Traffic Safety Initiative (RCTSI) and the other activity was a seat belt detail in May within the department. Locations targeted around the county included the cities of St Anthony, St Paul, Shoreview, Arden Hills, Roseville and White Bear Lake. www.ci.mounds-view.mn.us 7 Here are some statistics related to the RCTSI so far this year. Vehicles Stopped 4950 Total Number Arrested 372 Vehicles Towed 111 Total Citations issued 2204 DWI Arrests 295 Warrant Arrests 45 Compliance in the seat belt laws is increasing, perhaps due to the primary seal belt law, which allows an officer to stop a motorist for the seat belt violation. Our pre-saturation belt survey showed a compliance rate of 93%. The post saturation survey showed a compliance of 94%. Seat belt citations issued during the week long saturation totaled 47. The upcoming quarter has our department focusing on speed and DWI’s. School Resource Officer (SRO) During this past quarter, the School Resource Officer has been involved in the following incidents: • 2 Follow up investigations • 3 Assault reports • 3 Suspicious Incidents • 1 Criminal Sexual Conduct • 2 Citizen Assists • 1 Possession of simulated controlled substances. Two of the above incidents resulted in juvenile court petitions and one student was referred to the Northwest Youth & Family Services Diversion Program. Daily duties that the SRO is frequently involved with consist of the following types of activities: • Hallway and lunchroom presence for overall deterrence • Daily sweeps of halls and exits to maintain clear routes • Provide transportation to students home or to an in-school suspension program in Shoreview • Monitor school security cameras for potential violations and crimes • Develop mentoring relationships with at-risk students • Mediation of disputes relating to cyber bullying • Assist in providing drills for fire, lockdown and severe weather incidents • Instruct a fingerprinting class www.ci.mounds-view.mn.us 8 • De-escalation of out of control students • Field questions from student families regarding community dangers • Liaison between school administration and police department to coordinate responses to the community On April 1st, SRO Knitter was honored by the local Girl Scouts troop at a “Me and My Hero” Banquet. The Girl Scouts presented awards to people they saw as heroes in their community. Award recipients included a Ramsey County Deputy and K-9, a fireman, a school dean, and a cancer survivor. Feedback received from the girl scouts mentioned a more safe and secure feeling due to the SRO presence. News from the Department On April 25th, Andrew Olson was hired as a police officer for the city. Officer Olson replaces a previously vacant officer position due to a retirement. Officer Olson is presently in the 14 week field training program. We extend our welcome to Officer Olson! Chief Kinney administering the oath of office to Officer Olson On June 7, 2011, officers assisted other city staff members with a bike helmet fitting event held at the Mounds View Community Center. Officers worked alongside SBM Fire personnel and YMCA staff in instructing a total of 77 residents on how to properly fit a bike helmet. www.ci.mounds-view.mn.us 9 On June 24th, members of the police department participated in the annual Law Enforcement Torch Run benefitting Special Olympics Minnesota. This event consists of numerous legs across the state, culminating in the final ceremonies at Bierman Field in Minneapolis. Mounds View officers ran the torch to members of the New Brighton Police Department. Last year across the state, this event raised more than $1.6 million for the Special Olympics. Mounds View officers in the torch run on Silver Lake Road. A re-design of the squad vehicles has occurred. Two recently purchased vehicles are now designed in a black and white traditional design accompanied with new graphics incorporating the city logo. The transition to all black and white designs will gradually occur in future years. The black and white squad is a higher visibility vehicle that is universally recognized as a police squad car. www.ci.mounds-view.mn.us 10 Financial Report 389386v1 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: July 21, 2011 To: Jim Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Review recent Krummenacher developments and newly-passed legislation regarding variances. Work on draft code amendments to the City Code regarding variances. Consult with City staff regarding same. Consult with City staff regarding electrical/plumbing inspections in light of the recent State shutdown. Consult with City regarding Ramsey County election proposal. Review subdivision requirements from the City Code and begin drafting amendment to subdivision requirements. Consult with City staff regarding same. Review development project in adjacent city for effects on City of Mounds View. Matters are presently pending. MU125-65: Licensing Matters. Consult with City staff regarding tobacco product shop moratorium ordinance. Review issues related to the proposed revocation of a liquor license. Matter is presently pending. MU210-4: Charter Commission. Review Charter. Consult with City staff regarding question about who can serve on the City’s Charter Commission. MU210-54: City Code Update/Revisions. Revise and update City Code. Matter is presently pending. Jim Ericson July 21, 2011 Page 2 389386v1 SJR MU125-11 MU210-111: Personnel Matters. Work on personnel policy issues. Review proposed personnel policy revisions, etc. and consult with City staff regarding same. Consult with City staff regarding recent personnel matter. Matters are presently pending. MU210-189: Coventry Senior Living Project. Review final plat and other documentation. Consult with City staff regarding same. Matter is presently pending. MU210-192: Senior Housing Revenue Bonds, Series 2010 (Select Senior Living). The temporary bonds that were issued and expected to be refunded with permanent bonds in 2011 have been defeased. Matter is presently pending. SJR:jms