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HomeMy WebLinkAboutMinutes - 1999/03/08 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~` Regular Meeting March 8,1999 - --- -- Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. t • 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, and Stigney. NOT PRESENT: Thomason. 3. APPROVAL OF MINUTES A. Monday, February 22,1999, City Council Minutes MOTION/SECOND: Stigney/Coughlin. To Accept the February 22, 1999, City Council Minutes as corrected. Ayes - 4 Nays - 0 Motion carried. 4. SPECIAL ORDER OF BUSINESS None. 5. REPORTS Council Member Quick had no report. Council Member Marty reported at the last Parks and Recreation Commission meeting, City Forester, Rick Wriske provided the Commission with an overview of the work he performs in the City, and his plans for the Community Center and the area surrounding the realignment of Edgewood Drive. He indicated that Mr. Wriske would attempt to save some of the trees that had been planted in this area for relocation. Council Member Marty advised that planting and landscaping projects are typically done in the Spring and Fall, and the City Forester would plant on the north side of the Community Center in late April. He explained that this work was not included in the landscaping plans for the Community Center, however, Mr. Wriske would attempt to incorporate it into the project. He pointed out that having this landscaping performed by the City Forester represents a savings to the City of 80 to 90 percent, compared to the cost of a landscaping company. Council Member Marty stated the Parks and Recreation Commission is researching the possibility of installing two outdoor half court basketball courts at the Community Center. He Mounds View City Council March 8,1999 Regular Meeting Page 2 explained that they have obtained a bid of approximately $4,500 each, which included the installation, pavement, backboard, and painting, and it appeared to the Commission that this was Council Member Marty stated the Parks and Recreation Commission is also considering orange safety bases, for use as adult softball first bases. He noted that a few years prior, an individual had been injured at one of the games. He explained that the orange colored bases, which would more visible, would assist in preventing injuries and collisions. a very reasonable price. Council Member Marty reported that the Minnesota Sports Federation would be holding a volleyball tournament at the Mounds View Community Center, on April 17 and 18. He stated a Day Camp has been scheduled to take place from mid-June to mid-August, for children age 5 to 9. He indicated the activities would include swimming, field trips and various sports. He stated an Upward Bound Outreach would be held in the spring for children in grades 4 through 6, who require a little extra guidance, and are recommended for this program by their teachers. He advised that this Outreach is funded at no cost to the City, and is a means to help these children. Council Member Marty reported that the Community Center is currently holding an open gym, which is attended by 30 to 40 children every weekend. He noted that in light of the possibility that Woodcrest Park would be utilized as a wetland mitigation site, the Commission is planning to research the possibility of relocating the playground equipment at that site to Random Park. He explained that Random Park is the only other park in the City that is located on the south side of Highway 10, and the playground equipment at this park is primarily for very young children. Council Member Marty noted that the Commission requested the method of delivery of the Mounds View Matter be examined, as a number of residents have indicated they have not received their copies of the newsletter. Mayor Coughlin extended his appreciation to Council Member Marty for filling in for him that date, at the Stormwater Management Seminar, which he was unable to attend, due to a recurring bout of the flu. Council Member Marty indicated that he and Community Development Director, Rick Jopke attended this seminar, and he found it to be very informative. He stated a variety of ideas had come forward, a number of which have been around for 20 years or so, however, have never really been implemented. He indicated that different cities in the area, including Stillwater, Maplewood and Woodbury are beginning to implement some of the stormwater practices that have been utilized in the eastern portions of the country. Council Member Marty stated an individual from the Parks and Recreation Commission who was also present at this seminar, had indicated that in some of the business areas in Scandinavia, they are utilizing roof top gardens, in order to maintain the green space. He explained that they would be researching the potential of utilizing these types of gardens on top of buildings, to assist in accommodating some of the stormwater. He advised that they would commence this project at two picnic areas, which are proposed to be located near Lake Harriet and Lake Calhoun in the future. He indicated additional information had come forward, which he had passed on to Mary Malerick, Chair of the Streets Policies Committee, and she would follow up on this information prior to completion of the Committee's final report to the Council. Mounds View City Council March 8, 1999 Regular Meeting Page 3 Mayor Coughlin reported that State Representative Barbara Haake, in conjunction with other members of the Local Government Committee, had moved her Airport Bill through the first hurdle. He explained that this Bill is an attempt to assist at the Blaine-Anoka Airport, as well as some of the other airports, in dealing with runway lengths, and other issues pertinent to minor and intermediate-use airports. Mayor Coughlin noted he had never seen someone work as tenaciously as Representative Haake, who was an "absolute tiger" when it comes to this issue. He commented that Representative Haake is probably only getting a couple of hours of sleep each night, having only been at the Capitol for a short time, and facing so many lobbyists who are opposed to this Bill. He indicated it would be good to see the Bill passed, and he would be testifying again, on behalf of their Coalition next Thursday. Mayor Coughlin expressed his appreciation to Gina Wesson, of Action Press, who facilitated a tour of the Blaine-Anoka Airport, which he, along with members of the Blaine City Council, had attended. He indicated this was an interesting tour, with many interesting items that he had not been previously aware of, and he would be discussing this further in the future. Mayor Coughlin reported that Representative Haake would be holding a Town Meeting at City Hall on March 18, at 7:00 p.m., and has invited anyone who has any questions, comments, or concerns regarding the airport, and the issues surrounding that subject, to attend. He indicated that Representative Haake would address the issues brought forward, as well as discuss the bill that she has authored in this regard. Council Member Stigney stated at the last meeting of the Planning Commission there was discussion pertaining to the Linders Greenhouse, Inc. Conditional Use Permit, and how to resolve this on an ongoing basis. He indicated much time was spent on the review of the Bylaws, in terms of what they currently indicate how they came to that point, and the rationale behind that. He stated some changes to the Bylaws were proposed, and this matter would be coming back before the Planning Commission at their next meeting. He advised that the proposed changes related primarily to changing Special Meetings to Regular Meetings, rather than Agenda Meetings. Council Member Stigney stated the Planning Commission also discussed the Comprehensive Plan, and Community Development Director Jopke provided an overview of the basic function of the document, in terms of what they are attempting to accomplish by a specific date. He stated this matter would also be coming back before the Planning Commission at the next meeting. City Administrator Whiting stated the Chamber of Commerce would be holding a spring after- hours event at the Community Center, on March 23, from 5:00 to 7:00 p.m. He indicated that admission to this event is free, and this would be a good opportunity to meet some of the business people in the community, as well as members of the Chamber. City Administrator Whiting reported that staff has had some discussions with the Metropolitan • Airport Commission regarding airports. He indicated that one of the items that came out of these discussions, was a meeting that he hosted that date, at City Hall, with five representatives from the Metropolitan Airport Commission, and the City Administrator from Circle Pines. He stated they had reviewed a portion of the legislation of concern, and discussed creating a sound- Mounds View City Council March 8,1999 Regular Meeting Page 4 abatement council, which would be a committee that would deal with sound, and other airport related issues in the community. City Administrator Whiting advised that in the Legislature there is discussion regarding the creation of such committees for all reliever airports in the system. He indicated however, the Metropolitan Airport Commission is interested in just having this done in Mounds View, and they would have to wait and see how those two options proceed. He stated that he would be bringing this item before the Council at the next Work Session, for the review of some bylaws pertaining to how other airports have put together such committees, and to determine the direction the Council would like staff to take in this regard. He stated they would deal with the Metropolitan Airport Committee again, in late April. City Administrator Whiting stated the April 5 Council Work Session has been rescheduled to March 29. He indicated that this matter had not been placed on the agenda, however, the original meeting had been scheduled in error, and the formal request to reschedule would create a conflict. He explained that if the Council Members can change their plans to meet on March 29, this would be acceptable, and if not, the meeting can take place on April 5. Mayor Coughlin stated it was the consensus of the Council to hold the Work Session on the date originally scheduled. City Administrator Whiting indicated the City utilizes a service for the distribution of the • Mounds View Matters, and while they attempt to distribute it to the entire community via a map, occasionally, they miss an area of town, and staff is not aware of this. He requested that if residents discover their neighbor has received the Mounds View Matters, and they have not, they contact City Hall, and staff will provide them with a copy. He pointed out that the City pays for many copies of this newsletter, and would prefer to have them all distributed. City Attorney Long stated he agreed with Mayor Coughlin's comments regarding the efforts of the Airport Committee. He advised that the next step in this process was to obtain approval of the Transportation Committee. He indicated that the Airport Committee has been working with Senator Novak's office to coordinate and time this matter, so that the bill would go through both policy committees in the House of Representatives, which must be done by March 19. City Attorney Long advised that the Senate has until the end of March to approve the Airport Bill, and the Airport Committee has been working with Senator Novak's office to make sure that the Local Government Affairs Committee and the Transportation Committee of the Senate are also scheduled. He indicated this meeting would occur during the week of the 29th, or late in the week of the 22"d, and they would meet both deadlines. He added that they have obtained commitments from the committees to have this matter heard, and it is moving smoothly at the moment. No further reports were considered. 6. CONSENT AGENDA • A. Approve Just and Correct Claims B. Approve Resolution No. 5318, Authorizing the City to Participate in the Reliever Airport Reform Coalition. Mounds View City Council March 8, 1999 Regular Meeting Page 5 • C. Approve Resolution No. 5321, Authorizing the Golf Course Superintendent to Investigate the Process of Placing Billboards on Golf Course and Adjacent Property, Including Making Application to the Planning Commission. D. Set a Public Hearing for March 22, 1999, at 7:10 P.M., Concerning a Conditional Use Permit for an Outdoor Flower Mart for Linders Greenhouses, Inc. to be Located at Moundsview Square. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. Council Member Stigney requested Item A and C be removed from the Consent Agenda for additional discussion. MOTION/SECOND: Stigney/Marty. To Approve the Consent Agenda for Items B and D, as presented. Ayes - 4 Nays - 0 Motion carried. • Council Member Stigney requested clarification regarding a claim settlement the City paid to the League of Minnesota Cities in the amount of $2,124.50. He stated it was his understanding that this matter pertained to a pickup truck which was impounded by the City, and towed to the impound lot, where it was crushed, and this amount was to settle the resulting legal suit, because the City was not supposed to have done this. He indicated he had asked the City Administrator what the City's policy was, and how they could insure that this would not happen again. Council Member Stigney stated he further understood that the League of Minnesota Cities, as the City's insurer, made this settlement unbeknownst to the City, and paid the claimant. He requested clarification regarding these points. City Administrator Whiting stated this was essentially correct, and this incident occurred at some time during the last two years. He indicated he contacted the League of Minnesota Cities, and spoke to the insurance agent that was overseeing this matter. He explained that at some point between impounding the vehicle and settling this case, the vehicle remained on the lot, however, due to the procedural understanding between the City and the impound lot, the vehicle was inadvertently destroyed, unbeknownst to staff. City Administrator Whiting stated the vehicle owner made a claim against the City, and the attorneys for the League of Minnesota Cities arrived at this amount as a settlement. He noted since he had spoken with Council Member Stigney regarding this matter that date, he had been unable to contact the attorneys who pursued this case. He stated the League of Minnesota Cities was working on the City's behalf, even though this settlement would come out of the City's $10,000 deductible, which is why it was listed on the bills and warrants. City Administrator Whiting stated he was not aware that anything of this nature had occurred in the past, and it certainly has not happened since, however, staff may have to review the policy and procedure with the Chief of Police, in order to prevent it from ever reoccurring. He • indicated that the League of Minnesota Cities felt that blame was not obvious to the City or to the impound vendor, however, there was a lack of communication or understanding regarding what was supposed to happen, and this resulted in the vehicle being crushed. Mounds View City Council March 8, 1999 Regular Meeting Page 6 City Administrator Whiting stated the persons representing the City in this claim against the City arrived at this figure, which is not unusual. He stated he was not aware how this matter was proceeding at this time, however, the League of Minnesota Cities would be acting on the City's behalf. He pointed out that with the Crty's hmrted habilrty due to rts deductible, the League of Minnesota Cities would not generally spend much time relaying this information to staff. Council Member Stigney stated he had heard that the vehicle was worth approximately $350, and this is why he raised the question. He added that it appears that an agent acting on the City's behalf should certainly notify the City of concurrence of a settlement, when they are dealing with the City's money. He inquired if the impound lot vendor had any liability for having the vehicle crushed. City Administrator Whiting reiterated that he had not spoken to the attorney who pursued this case, therefore, he was unable to answer regarding the reasoning for this settlement. Council Member Stigney stated this was a matter of general curiosity on his behalf, however, he would still like to have those questions answered. Council Member Stigney noted anon-attendance fee in the amount of $20, at Century College, and requested clarification regarding this. He indicated that at his place of employment, this type of fee would be the employee's responsibility. City Administrator Whiting stated he was unable to determine the origin of this fee at this time, however, he would provide this information by the next meeting of the City Council. Council Member Stigney inquired regarding the status of the digital camera which was to be installed. He indicated he had noticed a bill in the Just and Correct Claims, and inquired if this represented payment to this vendor, prior to completion of the installation of this equipment. He stated he did not require an immediate response, but would request City Administrator Whiting look into the matter. Video Producer Patrick Toss stated they have received the camera, however, the unit that moves the camera was returned for repairs, and Panasonic is still working on it. He stated the equipment vendor, AB Group, is currently undergoing personnel changes, and the individual who installed the City's equipment is no longer employed with them. He stated they have considered a combination of subcontractors, or replacing this individual with a permanent employee who could complete the work, however, because this has occurred, they would have to have a different individual work on the system. Video Producer Toss stated they have not paid the vendor, and would hold off payment until all work is completed. He indicated they are waiting for the unit that was shipped off for repair, however, there is other work, which was part of the original installment that requires to be completed. He stated he has been unable to obtain a clear answer from the vendor in terms of when they would complete the installation, however, he would continue to follow up on the matter, and the vendor would not be paid until the entire job is completed. • Council Member Marty noted an expense listed on Page 3 of the Just and Correct Claims, for Burnet Realty, Special Assessment for 7, in the amount of $1,175, and requested clarification regarding the nature of this expense. He indicated that an item listed on Page 5 regarding Mounds View City Council March 8, 1999 Regular Meeting Page 7 Lightning Printing, Wedding Client Profile, was presumed to be a brochure for a banquet facility, however, staff was uncertain, at this time. MOTION/SECOND: Stigney/Marty. To Approve the Consent Agenda for Item A, and to Request Staff Research the Points Indicated. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney inquired regarding the purpose of the resolution authorizing the Golf Course Superintendent to investigate the process of placing billboards on golf course and adjacent property. He stated it was his understanding that the Council had already directed this to occur. City Administrator Whiting stated upon reviewing the request made by Golf Course Superintendent John Hammerschmidt, and the discussion of the Council, and in the event that this happened to involve Zoning, an application would have to be made. He explained that Mr. Hammerschmidt, as an employee of the City, would be representing the City, and since he had brought this subject forward to the Council, it appeared to make sense to authorize him to do so via resolution. He advised that this would clarify the matter at the Planning Commission level, in terms of the appropriateness of having an employee make the application. Council Member Stigney pointed out that at this time, they were uncertain if the matter would proceed to the point of making an application to the Planning Commission, in terms of the • uncertainty regarding the potential location of billboards, and the public's view on the subject. City Administrator Whiting indicated there was somewhat of a procedural question, in that the Council would probably wish to know the applicable Codes in order to precipitate the discussion if the matter, and tailor the proposal accordingly. He explained however, the proposal would go through the Planning Commission, and then come back before the City Council. He stated staff could review the options with the Council, which might be appropriate prior to making an application to the Planning Commission, however, the Council would make the ultimate decision. He explained that in his opinion, it appeared to be appropriate to provide a resolution. Council Member Stigney stated he had no problem with this, as long as the residents are involved in the question at some point, prior to proceeding. He advised that if application is made to the Planning Commission, the Commission should be made aware that this matter is not something the City Council has approved or is advocating, but is simply considering, and anything else is not under the direction of the Council. Mayor Coughlin inquired if Council Member Stigney would like to offer this as an amendment to the resolution. Council Member Marty stated they have begun to survey the public in the Mounds View Matters, and suggested another survey to inform the citizens regarding this matter, and inquire if they would like billboards on the golf course. He advised that they should point out the • escalating costs of the bond repayments at the golf course, in that this proposal could offset some of those costs. He explained that billboards were not something any of the Council Members relish, however, it may assist with the bond payments. Mounds View City Council March 8,1999 Regular Meeting Page 8 Council Member Stigney stated he agreed with this, however, this consideration is not only the placement of billboards on the golf course, but rather, seven billboards along Highway 118, and it is in this regard, that he would like to obtain the residents' input. Council Member Stigney stated he would phrase an amendment to the resolution to indicate that this is an interim proposal, and does not have approval of the City Council. City Administrator Whiting advised that that the Council must be mindful not to violate its own process. He explained that in order to follow the normal course of action, particularly with this request, some type of zoning action from the Planning Commission would likely be necessary. He indicated the parameters of the action the Council could take, and the location, size, and number of signs could be determined at that time, however, it would have to go through the normal process. City Administrator Whiting stated the interest in whether or not this proposal would be possible is legitimate reason for undertaking the process to begin with. He explained that the procedure they utilize depends upon the extent to which they wish to consider this a true zoning matter, and obtaining the credible action of the Planning Commission, and later the City Council. City Administrator Whiting indicated that resident participation in this matter is a good item for discussion, in terms of what stage in the process this would be appropriate. He pointed out that if this is done prior to making application, there might be some concern in terms of whether or not the actual process can be carried out in a fair fashion. He explained that if the resident . participation takes place after the Planning Commission consideration, or as part of the Planning Commission process, it would coincide with the normal process utilized for other applicants m the community. Mayor Coughlin stated it appears that there is nothing in Resolution 5321 that precludes Council Member Stigney's requests. City Administrator Whiting stated this was correct. He added that it would be wise to insure the prior to taking some final action on the matter, this is done with some understanding of what is in the Code. City Attorney Long stated Chapter 105.02, Subd. 1, of the City Code, contains a provision which indicates that "Every current contract, conveyance, license, or other written instrument shall be executed on behalf of the municipality by the Mayor and the Clerk Administrator, only after approval by the City Council." He explained that in order to submit an application, which would be the formal document for Planning Commission approval, there would have to be action by the City Council to initiate that, on behalf of the City. He advised that they could address this with a clause that would add language to the end of the last paragraph of the resolution, which indicates "However, in no event does adoption of this resolution predetermine the Council's action on the matter." He explained that the proposal would have to go before the Council as a zoning issue, and at this point, the Council was simply allowing the matter to proceed for discussion purposes only, which is appropriate. He advised however, action to initiate this was necessary, because neither the Mayor, the City Administrator, or Golf Course Director could do this alone. Mounds View City Council March 8, 1999 Regular Meeting Page 9 Council Member Stigney stated this was perfectly agreeable to him, with the understanding that the proposal has not obtained Council approval. He stated he would agree to incorporate the language suggested by City Attorney Long. MOTION/SECOND: Stigney/Coughlin. To Approve Resolution 5321, a Resolution Authorizing the Golf Course Superintendent to Investigate the Process of Placing Billboards on Golf Course and Adjacent City Property, Including Making Application to the Planning Commission, as Amended to Add Language to the End of the Last Paragraph, which Indicates "However, in No Event Does Adoption of this Resolution Predetermine the Council's Action on the Matter." Ayes - 4 Nays - 0 Motion carried. 7. UNFINISHED BUSINESS City Administrator Whiting stated it would be appropriate to discuss the Long Distance Telephone calling, in order to follow-up on the matter, which was brought forward two weeks prior. Council Member Stigney stated the reason he asked to have this matter carried over is because he does not have any significant answers to the questions he raised regarding the purpose of the long distance telephone calls. He stated he had received information after obtaining the billing, which indicated 141 long distance telephone calls to States ranging from Hawaii and Florida, City Administrator Whiting stated the 717-4000 number is the City's main telephone line. He explained that long distance telephone calls go out on this line first, however, if a number of lines are in use, and an additional line is necessary, the call is automatically rolled-over to the 784-3055 number. some approximately 30 minutes long, and some very short. He stated his question was in regard to the nature of the business the City is conducting via long distance telephone. He noted these calls were all being billed to 784-3055, which was the previous telephone number at City Hall, and there was some question in his mind regarding this, as well. Council Member Stigney stated he believed long distance telephone calls were also being billed to the 717-4000 number, however, he had no information on this. He indicated that apparently the telephone calls are controlled by the Directors of the Department, however, the Directors have no way of knowing who is making the calls, because they are all incorporated under one telephone number. He stated City Administrator Whiting had explained that in the past, an envelope would be circulated for employee contributions toward personal telephone calls. He stated he had inquired how much money was contributed toward the current bill, however, he had not received an answer. He requested clarification regarding the purpose of the long distance telephone calls, and if they were business or non-business related. City Administrator Whiting stated at this time, staff has been unable to meet with the Department Heads to examine the nature of all of the telephone calls, however, they have been notified that this matter would likely be discussed at the staff meeting on Wednesday. He stated staff would provide a copy of the telephone bill for the 717-4000 number, for review, and would determine the amount of the personal calls. Mounds View City Council March 8, 1999 Regular Meeting Page 10 City Administrator Whiting explained that the City has gone through somewhat of an evolution in terms of managing long distance telephone calls, in that they previously wrote down the telephone number and name of the party called, and the purpose of the call. He noted that when they went to a different telephone system, they would enter a code that would indicate which phone was being utilized. He stated they are currently circulating an envelope to collect payment for personal calls, and this is essentially conducted on the honor system. City Administrator Whiting indicated that staff would be able to determine the tracking capabilities of the next telephone system when it is installed. He pointed out that employees were aware that they were only to make local or long distance telephone calls for business, and very minor personal calls. He stated he would attempt to obtain details regarding the specific telephone calls that were made, however, this would involve reviewing each bill, and would require some time. He indicated the City does conducts business in a many different areas of the Country, for different reasons. Mayor Coughlin stated his only concern in this regard was in terms of having people who are earning considerable salaries, spend their time looking up telephone bills. He explained that they are probably paying more for this research than the telephone bills total in charges, and at some point, there is a diminishing return in this regard. Council Member Stigney explained that his concerns were not so much an issue of dollars, but rather in regard to policy, and how this matter is being managed. 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Bruce Brazenly, S 127 Long Lake Road, presented the Council with a letter he had composed in rebuttal to a letter presented to the Council by new Planning Commission member, Michael Berke. He indicated his intent was to set all personal feelings aside, and work with the Council to the best of his abilities. He stated although a few of the issues might irritate some of the Council Members, he was firmly committed to working with them, and not against them. He indicated that if the Council Members had any questions, they should feel free to contact him. There were no further requests or comments from the floor. 9. COUNCIL BUSINESS A. Consideration of Resolution No. 5313, Chief Ramacher's Severance Agreement. City Administrator Whiting stated there was some discussion regarding this item at the last Council Work Session, and at that time, there did not appear to be any consensus regarding how to resolve this matter, therefore, he placed it on the Agenda, in conjunction with a resolution for consideration. City Administrator Whiting explained that Chief Ramacher had requested the option, which is available to some employees of the City, to utilize a portion of his accumulated sick leave toward the payment of health insurance premiums, upon retirement from the City. He stated the City's policy indicates that employees who have accumulated over 960 hours of sick leave could receive half of those hours as a severance payment, upon retirement. He advised that this policy Mounds View City Council March 8, 1999 Regular Meeting Page 11 was modified through the collective bargaining agreement, to provide an alternative, which allows the employee to put 65 percent of accumulated sick leave toward payment of health insurance premiums. He indicated that once an employee decides to utilize this option, those funds are paid out over time, on a monthly basis, until they expire, and could not be utilized for any other purpose. City Administrator Whiting stated Chief Ramacher has been with the City for 28 years, and has accumulated far more sick leave than any other employee. He explained that if the Council was to consider this alternative, which Chief Ramacher has requested, it warranted discussion regarding how many hours would pertain to this equation. He indicated he had arrived at an amount of $1,800, which, at 65 percent of sick leave, would equal approximately $38,000, and that would be used to pay for health insurance premiums until the funds ran out, or Chief Ramacher was 65 years of age. City Administrator Whiting stated this matter raises several questions in terms of whether or not such a policy should pertain to the non-collective bargaining groups or City employees. He indicated staff would respect Council's decisions in this regard, however, he was not prepared to go into the alternatives to the policy at this time. He explained that in recognition that Chief Ramacher would be requesting this alternative, and in light of the circumstances of his employment, which are somewhat unique, it would be preferable from his perspective as Administrator, to address this request, and deal with the policy question at a later date. Council Member Marty indicated that during the budget discussions of the previous Council, a $7,000 difference had come forward, and by the end of that discussion there was a $14,000 difference, however, this difference was ultimately resolved. He stated Chief Ramacher's contract indicates that he would receive 50 percent of 960 hours Council Member Quick requested clarification in regard to whether or not the Police Chief has a contract, which indicates a percentage. City Administrator Whiting stated this was only in terms of the accumulation of 960 hours. Council Member Quick inquired if the Police Chief was covered under that policy. City Administrator Whiting stated this was correct. Assistant to the City Administrator Schmidt stated there is a Section in the beginning of Municipal Code, which exempts all Police personnel from the Municipal Code provision. She explained that this matter was brought before the Council, because the Police Chief had fallen through the cracks at some point, in that he is not covered under the union provisions, and the Municipal Code not necessarily apply to him. Council Member Quick inquired therefore, if Council Member Marty had been incorrect in his statement that Chief Ramacher was covered under the 65 percent clause. Assistant to the City Administrator Schmidt stated not necessarily. She indicated that this was a new situation, therefore staff was bringing it forward for determination at this time. Council Member Quick explained that Council Member Marty indicated Chief Ramacher was covered under the 65 percent clause, which relates to the maximum number of 960 hours of Mounds View City Council March 8, 1999 Regular Meeting Page 12 accumulated sick leave, however, according to the Assistant to the City Administrator, the Chief was not covered by anything. Assistant to the City Admmistrator Schmidt stated this was correct. Council Member Quick inquired if there were any other individuals in the Police Department who were not covered by the 65 percent clause. Assistant to the City Administrator Schmidt stated Lieutenant Rick was not covered. Council Member Quick inquired if the Council would setting a precedent by this action. Assistant to the City Administrator Schmidt stated this was a possibility, however, this is a new case at this point. She indicated that Union personnel are covered by their contracts, the City personnel are covered by the Municipal Code provisions, therefore, the question before the Council is to determine the policy that would be applicable to this individual. Council Member Marty stated the previous information the Council received on this matter indicates 50 percent of 960 hours, for all non-union employees. He advised that this would be an expense to the City in the amount of $15,677. He stated he had reviewed the budget, and did not see any allocation for this. City Administrator Whiting stated this was correct. He explained that generally, these matters are not budgeted as an item, in that they could not be certain if an employee would be leaving, and the amount they would owe, however, there would be a liability for sick and vacation leave on the books. He indicated that they had a similar situation the previous year, and the Finance Director generally prefers to take this out of the operating budget if possible. He added that if this was not possible, they would probably make an amendment to the budget and draw from the Reserve Fund. Council Member Marty stated under the current policy, the Police Chief would be due $15, 677. Council Member Quick pointed out that there was no policy. He advised that there was a suggestion, however, there was no policy. He explained that the proposal to reduce the 2680 hours to 1800 was arbitrary. Mayor Coughlin inquired if Council Member Marty was referring to the general non-union contract. Council Member Marty stated this was correct, adding that the difference between that and the current submittal of $38,212, represents and additional cost to the City in the amount of $22,535. He inquired where this proposal originated. City Administrator Whiting stated the City's commitment on the option of health insurance premiums payments would be made on a monthly basis, over time, therefore, the $38,000 would not be taken out of the City's coffer at one time. He explained that the payments would be approximately $400 per month, or $4,800 per year, until the amount was dispersed. Mounds View City Council March 8, 1999 Regular Meeting Page 13 City Administrator Whiting stated he would discuss this with Finance Director Kessel, to determine exactly how this would be done, in terms of the budget. He explained however, he would assume they would make an amendment to the budget, and bring that amount forward from the Reserve Fund, where it is accounted for as a liability. He pointed out that his interpretation of accumulated sick leave differs from that of Finance Director Kessel, in light of the two union contracts, therefore, they would have to research this matter to determine exactly what the City's liability is. He explained that this is a liability, however, the monies are there, no matter what the amount. Council Member Quick inquired if City employees do not utilize their sick leave, and begin to accumulate these hours, was this money set aside to cover sick leave, in the event that it is drawn upon at some point. City Administrator Whiting stated this was correct. Council Member Quick stated therefore, if this money was set aside, drawing interest. City Administrator Whiting stated this was correct. He indicated that in his understanding, businesses that would go bankrupt and owe sick leave and vacation leave to employees would simply wipe that obligation out. He advised that rules were changed, which applied to cities as well. He stated cities do not go out of business, and very rarely, if ever, find themselves in such a situation, however, they are required to make an accounting of their liability on the books. He pointed out that if, for example, all the employees left at one time, and they were entitled to their • vacation time, and perhaps some severance, the City would have fiends available to pay them. City Administrator Whiting explained that if the health insurance premium payment option was not chosen that date, he would suspect the City's only obligation on the books would be the 480 hours that employees in general are entitled to, assuming they have accumulated 960 hours. He stated he was not quite certain that he understood what his Assistant was stating, in that this rule does not apply to the Police Chief. He indicated that the City Attorney has advised him in this regard, however, he is also aware that they have been accounting for the Police Chief's sick leave, and is certain that some policy must apply to him. City Administrator Whiting stated he would assume that the severance provision applies to the Police Chief, however, the health insurance premium provision does not. He reiterated that rather than come before the Council and attempt to determine a policy for all non-union employees, recognizing that the Chief's situation would be coming forward in the near future, it seemed prudent to address this individual situation separately. He stated that if the Council desired to deal with the policy concern, this could be done at a later date. He noted that while this option that applies to the union employees has existed in the last two contracts, it has not been utilized by anyone, to date. City Administrator Whiting indicated that the initial rationale for this policy was threefold. He explained that an employee working for the City only for health benefits, later in their career, in a situation where it may benefit both the employee and the City to have that employee separate from employment, this would be an attractive option, particularly if they had accumulated sick leave. Council Member Quick inquired which employees City Administrator Whiting was referring to. Mounds View City Council March 8, 1999 Regular Meeting Page 14 • City Administrator Whiting advised that the only employees that currently have the .option of utilizing accumulated sick leave for ongoing health insurance premium payments upon retirement are the Police Umon and the Public Works Department employees. He stated m his understanding, all employees, upon separation, could cash in 50 percent of their accumulated sick leave up to 960 hours, for a severance check. City Administrator Whiting indicated the second reason for implementing this policy was that it serves the dual purpose of rewarding longevity and non-use of sick leave. He pointed out that without this policy, at some point, if employees achieve enough accumulated sick leave, there is no incentive for them not to utilize it. He commented that they have not had problems in this regard, however, he recognized that this could be a possibility, and the policy could assist in minimizing that. City Administrator Whiting stated the 65 percent leaves the matter somewhat open-ended, however, those funds would be paid down over time, and would provide the City a present value that they do not necessarily realize by making a large payment up front. He indicated that Council Member Thomason had made calculations in this regard. He pointed out that this would still be a judgement call, because you would not necessarily know what the final cost would be. He explained however, the City would be, by retaining the funds, earning interest on the funds, and so forth, and the employee would be paying for any increases in their premium out of this fund. • City Administrator Whiting stated the third rationale for this policy was in regard to the Police contract. He explained that Police Officers were earning 15 days of sick leave per year, and he thought this was somewhat excessive, in that all other employees earn 12 days per year. He advised that when he proposed this as an alternative, it was contingent upon the Police Officers agreeing to 12 days of sick leave per year. He explained that they agreed to have their sick leave reduced to 13 days, instead of 12, in exchange for this policy, which was part of its purpose at that point. City Administrator Whiting stated the logic for not proceeding with the full 2700 hours of accumulated sick leave Chief Ramacher has accumulated, was because he has been earning 15 days of sick leave the entire time. He pointed out that Chief Ramacher has obviously been very good about not using his sick leave, however, it has also been accruing at a higher rate. He noted that as a salaried Department Head, the Police Chief has somewhat more discretion over his time than hourly employees do, therefore, he decided to proceed with an amount less than 2700 hours, which in his opinion, would be a reasonable policy to apply to Department Heads. He commented that this has not yet been tested in terms of the non-Union rank and file, and he would not venture an opinion in this regard, at this time, but rather, would discuss this with the City Council if the circumstance were to arise. At this time, Mayor Coughlin requested Council Member Stigney temporarily chair the meeting. Council Member Marty stated the staff report from Finance Director Bruce Kessel that was • provided to the Council on February 16, indicates "Employees not covered by collective bargaining agreements have been granted 8 hours of sick leave per month, 12 days, per year, with a maximum accrual of 960 hours. The current policy for employees not covered by a collective bargaining agreement is that an employee leaving service of the City is entitled to 100 Mounds View City Council March 8, 1999 Regular Meeting Page 15 percent of their accrued vacation, and one-half of their accrued sick leave, not to exceed 480 hours." He stated it was his understanding that this agreement that was valid for the Police Chief. City Administrator Whiting stated that was correct. He indicated he was not pleased, as this memorandum had not been discussed with him, prior to the meeting. He explained that he, his Assistant, and the Finance Director were not on the same page as they came before the City Council with this request. He stated this is something he would like to avoid, as staff should have a mutual understanding of the matter, prior to coming to the Council, rather than having to explain their different interpretations. He extended his apologies to the Council, adding that he was disappointed in this. City Administrator Whiting stated this was the Finance Director's interpretation, and it could be interpreted in this manner, even in the collective bargaining contracts. He advised however, having been the staff person who negotiated these points, with a member of the Finance staff in the meeting at those times, this was not his interpretation of the proposal he had actually made. He stated there were internal differences that must be rectified, in order to know what the City's liability truly is, and the balance of this matter depends upon the decision made by the Council, in terms of whether or not they decide to proceed with this option. He advised that the Council could certainly make this matter contingent upon reviewing the question regarding liability, if desired, and have this item brought back before them at their next meeting, or the Council may decide that it would rather not proceed with this option. Council Member Stigney stated the Council had received another memorandum from Assistant to the City Administrator Schmidt, dated February 16, which indicates "Sick Leave: Severance pay shall be granted in the amount of 50 percent of unused sick leave to employees who have completed 10 years of sick leave. Maximum accumulation of sick leave is 120 days. (960 hours) Additional banked sick leave hours will not be computed in severance pay." He stated, he had understood they were considering alternatives to somehow cover the Police Chief under the Union Negotiation, in that this memorandum states "Although Chief Ramacher is not a member of the Union he would like to utilize this provision for his severance pay." Council Member Stigney pointed out that Chief Ramacher is not a member of the Union, and has not paid dues in the union, therefore, he does not believe he would fall under the blanket of that Union provision. He indicated that once Chief Ramacher went from patrol officer to Police Chief, he altered his status as a Union employee, and became an exempt management employee. He explained that at that time, Chief Ramacher would have fallen under the 960 hours maximum sick leave accrual, which when divided by two, would translate to $15,676.80, which he is entitled to. Council Member Stigney stated secondarily, the City does not really have any retired employees, and the discussion indicates that this is not a very good policy, and there are other things they should be considering, however, staff would like to proceed with this prior to doing so. He advised that once they proceed with a proposal of this nature, they are, in his opinion, setting a precedent. He explained that a retiree, up to age 65, drawing on the employee benefits program for health insurance, would affect the rates for all employees. He indicated that at his place of employment, the retirees are set out in a separate classification, with higher insurance premium rates than the employees, who are generally younger, and in better health. Mounds View City Council March 8,1999 Regular Meeting Page 16 Council Member Stigney explained that the long-term ramifications of making a change to the policy as he understands it, is not to the benefit of the City. He stated Chief Ramacher has worked as a Police Chief for several years, and was aware of the management plan. He indicated that in light of this he should be covered under the severance pay plan for management exempt employees, which indicates 960 hours maximum sick leave accrual, divided by two, which is 480 hours, or 60 days paid severance for accrual of sick leave. Council Member Quick inquired why Chief Ramacher and Lieutenant Rick were not covered under these provisions. Assistant to the City Administrator Schmidt explained that this was only recently brought to staff's attention by City Attorney Scott Riggs, who advised that there is a provision in the Municipal Code that exempts Police personnel from the personnel provisions that are stated in the Municipal Code. City Attorney Long noted that this was a quandary between the Code and the Police Union contracts. He explained that Section 301.02, Subd. 3, specifically states that "This Title: (the personnel policy title) shall not be applicable to Policemen or Officers of the Police Department." He stated there is a question with regard to whether this means that the Police Chief, as Chief is excluded, or if it is meant to indicate that he is not a Policeman or an officer per se, meaning a Patrol Officer. He stated there was some vagueness in this Section, and he believed Attorney Riggs was attempting to indicate was that on the face of this, the entire Personnel Code does not apply to the Police Department, because that is typically under the • jurisdiction of the Police Civil Service Commission. City Attorney Long stated he was not employed with the City in 1988 when this was adopted, and could only surmise that when the Police Civil Service Commission was created, they had intended to have the Police Officers be subject to the rules which are set up therein. He stated the Police Union Contract likely covered all of the other issues, and there have probably only been one or two people who have "fallen through the cracks," therefore, this was not noticed until this point, when there was no clear direction regarding which set of rules apply to these individuals. City Attorney Long advised that from a legal standpoint, it was clearly within the Council's discretion to decide what the severance package should be. He stated he was unable to determine at this time, what the City would actually be obligated to pay, because he is uncertain what Chief Ramacher would argue are his benefits. He pointed out that the Personnel Code probably does not apply to the Police Chief, based upon that provision. He explained that further research was necessary to determine if Chief Ramacher was entitled to something else, as this matter had come forward as the policy discussion. He stated the Council could decide during the discussion, to offer this. City Attorney Long reiterated he would have to examine the pieces to determine what the City's actual obligation to the Chief would be, as this is not clear, given the provision he had referenced. He stated Chief Ramacher was not technically covered by the Code, which would • otherwise give contractual rights to all employees. He indicated the Police Department is covered by contract, with the exception of Chief Ramacher and Lieutenant Rick, and where these two individuals stand at this point, is uncertain. Mounds View City Council March 8, 1999 Regular Meeting Page 17 Council Member Quick inquired if City Attorney Long had indicated the Police Civil Service Commission was created in 1988. City Attorney Long stated the provision of the Code that he had referenced was adopted m 1988. He indicated that according to the Code, the Police Civil Service Commission was established in 1988, Code Section 30.01. Assistant to the City Administrator Schmidt stated staff has looked at the Police Civil Service Commission rules, and there is nothing that speaks to severance packages. Council Member Quick commented that the Police Civil Service Commission was established prior to 1988. City Attorney Long stated it may have been. He indicated there was another Code, which went back to the 1970's, and was re-codified in 1988, and this was simply carried over. Council Member Marty stated he move to table this item until the next meeting of the City Council. He stated there was obviously a gray area which required to be sorted out, and the Council would not be able to make a decision one way or the other, until that time. Mayor Coughlin stated he would second, however, would clarify that this would be a motion to postpone. • MOTION/SECOND: Marty/Coughlin. To Postpone Consideration of Resolution No. 5313, a Resolution Authorizing the Severance Package of Tim Ramacher, Until Monday, March 22, as Amended, to Commence at a Special Work Session at 6:00 P.M., Prior to the Council Meeting at 7:00 P.M. Council Member Stigney requested clarification regarding when this item would come before the Council for further consideration. Council Member Marty advised that this matter should be discussed at a Council Work Session. Assistant to the City Administrator Schmidt pointed out that the next Work Session was scheduled for March 22. She advised that Chief Ramacher's last day with the City would be March 31, and to allow for action prior to that date, the consideration would have to occur at the next meeting of the City Council. Council Member Marty stated he would postpone this matter until the next Council Meeting. Council Member Quick indicated he would offer an amendment to commence discussion at 6:00 p.m., that date, and hold a Special Work Session on this matter. The Motioner and Seconder agreed. Ayes - 4 Nays - 0 Motion carried. B. Consideration of Resolution No. 5320, Appointing the Interim Chief of Police and Establishing Compensation. Mounds View City Council March 8, 1999 Regular Meeting Page 18 Assistant to the City Administrator Schmidt stated the item before the Council was Resolution 5320, which indicates Chief Ramacher's recommendation for appointment as Interim Chief of Police is Lieutenant Dave Rick. She indicated the standard monthly increase for the interim position has been $750 per month, adding that if the search goes as planned, Lieutenant Rick would only be acting as Chief of Police for a total of three months. MOTIONISECOND: Marty/Quick. To Approve Resolution No. 5320, a Resolution Appointing the Interim Chief of Police and Establishing Compensation. Ayes - 4 Nays - 0 Motion carried. C. Consideration of Resolution No. 5322, Regarding Acceptable Times of Flights for City Business. City Administrator Whiting stated staff had not prepared a resolution for consideration of this item, therefore, he was unable to provide the appropriate language, however, the Council had discussed the premise for the resolution at the previous Work Session. He indicated the Council could postpone action on this matter until the next meeting of the City Council, at which time a resolution could be brought forward for consideration. He explained that the Council could also direct staff to draft a resolution that indicates that City officials would not purchase airline tickets, flying out of the Minneapolis/St. Paul Airport, between the hours of 10:00 p.m. and 7:00 a.m. Council Member Marty inquired if this matter was not already in resolution form. City Administrator Whiting explained that the document seen by the Council the prior week, was in Legislative form, because the Legislator from Richfield proposed it as an amendment to Representative Haake's Airport Bill, that she was carrying on the City's behalf. He stated this bill was defeated, however, the intent of this was to respect the people who live under the airport, in that untimely flights would not be encouraged by the City through the purchase of tickets during these times. Council Member Marty stated this matter appeared to be fairly straightforward. He suggested that staff could draft the resolution, assign it the same number, and include it on the Consent Agenda for the next meeting of the City Council. Mayor Coughlin inquired if this was agreeable to the Council. The Council agreed. D. Consider Police Chief Position Profile. Assistant to the City Administrator Schmidt stated the Council has been provided with the search timetable and the draft Position Profile for the Police Chief. She explained that this would be going to print the following day. She indicated the Police Civil Service Commission has had this information over the weekend, and she had met with them on Friday to discuss the specifics in the draft. She stated this item has been brought before the Council to determine if there were any suggested changes or additions. Mounds View City Council Regular Meeting March 8, 1999 Page 19 Assistant to the City Administrator Schmidt stated it has been pointed out that Hymen Freightways, on the first page of the resolution, is no longer located in Mounds View, and there would be a few other typographical changes throughout the document. Mayor Coughlin stated this draft appeared to be very straightforward. Council Member Marty added that it was very thorough, and they had done a good job. Assistant to the City Administrator Schmidt noted that staff has been receiving calls regarding this position on a daily basis. 10. Next Council Work Session: Monday, March 29,1999 - 6:00 P.M. Next Council Meeting: Monday, March 22, 1999 - 7:00 P.M. ll. ADJOURNMENT MOTION/SECOND: MartylQuick. To Adjourn. Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin adjourned the meeting at 8:37 p.m. Transcribed and recorded by: Trish Pearson Timesaver Off Site Secretarial, Inc.