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HomeMy WebLinkAboutMinutes - 2009/11/09PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 9, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE – led by Cub Scout Pack 167, Den 5. Mayor Flaherty thanked the Cub Scouts and invited them to introduce themselves. 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, November 9, 2009, City Council Agenda. MOTION/SECOND: Mueller/Hull. To approve the Monday, November 9, 2009, agenda as corrected to indicate the Pledge of Allegiance was led by Cub Scout Pack 167. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Dan Mueller, 8343 Groveland Road, referenced a recent Star Tribute article about Mounds View looking for a tagline. He stated he read the slogan under consideration “See for Yourself” and explained reasons why he did not find that slogan to be welcoming or offer enough information. Mr. Mueller stated he talked with other residents about the slogan who indicated that while they understood the concept, they also didn’t find it welcoming in having to “see for themselves” rather than being shown what is unique about Mounds View. He suggested the Council conduct their own informal poll prior to making a decision. Mayor Flaherty stated he likes “See for Yourself,” which is short, catchy, and easily remembered. However, based on resident’s feedback, the Council decided to revisit the tagline. 6. SPECIAL ORDER OF BUSINESS None. Mounds View City Council November 9, 2009 Regular Meeting Page 2 7. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 837, a Code Amendment to Section 1125.01 about Voting Requirements for Zoning Code Amendments. Community Development Director Roberts presented a recommendation to approve second reading and adopt an ordinance approving an amendment to the voting requirement for zoning amendments. He noted a roll call vote is required for this consideration and recommended publication of a summary. MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 837, Amending Section 1125.01 of the Mounds View Zoning Code about the Voting Requirements for Zoning Changes and publish an ordinance summary as authorized by City Charter Section 3.07. Mayor Flaherty noted this amendment will create consistency between the City’s Code and State Statutes. Council Member Mueller noted that publishing by summary saves funds and if residents want to see the entire change, it is on the City’s website. ROLL CALL: Gunn/Mueller/Hull/Stigney/Flaherty. Ayes – 5 Nays – 0 Motion carried. B. Second Reading and Adoption of Ordinance 838, a Code Amendment to Section 1125.06 about Penalties. Community Development Director Roberts presented the recommendation of the City’s Prosecuting Attorney to adopt an ordinance approving a code amendment for penalties for certain code violations. He noted a roll call vote is required for this consideration and recommended publication of a summary. MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 838, Amending Section 1125.06 of the Mounds View Zoning Code about Penalties and publish an ordinance summary as authorized by City Charter section 3.07. ROLL CALL: Mueller/Hull/Stigney/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. C. Resolution 7520, Authorization to Fill a Police Officer Position created by the Resignation of a Police Officer. Deputy Police Chief Kinney advised that Office Kenneth Koss had resigned effective October 26, 2009, creating an opening for a police officer. He stated their Department is down by two officer positions so it is important to quickly fill this vacancy to assure adequate services and Mounds View City Council November 9, 2009 Regular Meeting Page 3 avoid potential overtime. Deputy Police Chief Kinney recommended the Council approve the hiring of a replacement police officer to fill the opening created by Officer Koss’ resignation. Council Member Stigney asked if the second vacancy would be filled. Deputy Police Chief Kinney stated the second opening was created by the resignation of Police Chief Sommer. Council Member Mueller asked why the police officer resigned and if it had happened before. Deputy Police Chief Kinney stated he preferred to not publicly state the reasons and he does not recall a resignation during the probationary period in the past 24 years. With regard to the officer’s equipment, it will be held for future use by another officer. Council Member Mueller asked what is the City’s expense to find an officer. Finance Director Beer stated the background, medical, and psychological tests will cost several hundred dollars. Council Member Gunn asked how long is the probationary period. Deputy Police Chief Kinney stated it is one year and this officer was with Mounds View just less than three months. Council Member Stigney asked about the Civil Service Commission eligibility list. Deputy Police Chief Kinney stated it was certified in February or March and valid for one year so they hoped it contained viable candidates. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7520, Authorization to Hire a Police Officer. Council Member Stigney stated that due to loss of LGA and funding shortages, he supported looking at the cost of staffing, justification for the number of Police Officers, and options for shift rotations to work with 13 officers. He noted New Brighton is twice the size and population yet functions with only four more officers than Mounds View. Council Member Stigney stated there will be a reluctance to lay off employees, so costs should be looked at prior to filling a vacancy to see if there are other options to fill those responsibilities. Council Member Mueller stated she had the same thoughts; however, not replacing this officer runs the risk of spending more wages in overtime dollars. She referenced the Police Department quarterly report, unaudited revenue and expense, that indicated actual overtime for the Police Department is almost $35,000. So, adding one person to staff would be less than paying overtime costs, which are higher this year than last year because there were no vacancies last year. Council Member Mueller noted the 2009 calls for service averaged 18.5 per day. She stated the Police Department is very busy, overtime this year is higher than paid last year, and hiring a patrol officer would cost less than paying overtime. Finance Director Beer stated the Police Department generates overtime for Safe and Sober events but without analyzing the situation and knowing the timing of events, he would not make a “blanket statement” that 2009 overtime has resulted solely due to being short one officer. Council Member Hull questioned when the ballot question was asked about patrol officers. Finance Director Beer stated it was in the fall election of 2003, effective 2004. Council Member Mounds View City Council November 9, 2009 Regular Meeting Page 4 Hull stated he understands the problem with increasing health insurance premiums but residents have indicated they are willing to pay for additional officers and better streets. Council Member Stigney stated the Police Department is the highest City expense on an on- going basis due to personnel costs and the time to look at those costs is now, not in the future. He stated the City used to have 12 officers and didn’t incur high overhead costs. Council Member Stigney asked for an overall justification for the level of staff and that other options be considered such as shift rotations to reduce the staff level by one. With regard to the referendum vote, he stated he spoke with residents who did not have any idea of the high cost level. He noted that times have changed since five or six years ago. He stated Mounds View approved the comparable cities study as a basis so he would like to use some of that information in making these decisions. Council Member Gunn stated that she understands Council Member Stigney’s point; however, safety is one of the top concerns expressed in every resident survey. In addition, the number of calls is increasing and this is one place she cannot support a cut in funding because it impacts the health and safety of the City’s residents. Council Member Mueller asked if the schedule can be adjusted to cover the work without jeopardizing the health and safety of residents. Deputy Police Chief Kinney stated they can function for a period of time, noting there have been four retirements this year. However, overtime may be used to fill some gaps. He noted the referendum question was to maintain minimum coverages and they do not want to compromise that level for safety for residents or the officers when responding to calls. He stated they are using a new 12-hour shift schedule, started in 2009, that has improved coverage and levels of strength on a 24-hour basis. Mayor Flaherty stated the City currently has 17 licensed officers and 12 are patrol officers. Deputy Police Chief Kinney stated there are currently 12 patrol officers and 3 are Patrol Sergeants. Mayor Flaherty presented an analysis on the number of officers needed to schedule 24/7 coverage. He noted that Mounds View is only four square miles in size, but that could be quite a distance when responding to an emergency call. Mayor Flaherty noted the City will be saving some costs since the two officers who retired were at a Level 5 pay rate and the new officers will start at a lower pay rate. He agreed the Council needed to constantly look at the numbers but he felt the current staffing level was already at the bare minimum without incurring overtime. Council Member Mueller stated her impression that the Police Department is a first responder for medical emergencies and arrives before the ambulance. Deputy Police Chief Kinney stated that is generally correct because their response time is faster. Council Member Mueller noted the Police Department has portable heart defibrillators so they can quickly react, if needed, and she cannot support budget cuts for the Police Department. Ayes – 4 Nay – 1 (Stigney) Motion carried. D. Resolution 7521, Approving Severance for Police Officer Kenneth Koss. Mounds View City Council November 9, 2009 Regular Meeting Page 5 Assistant Clerk-Administrator Crane presented the recommendation of the City Attorney to pay Kenneth Koss, who had resigned effective October 26, 2009, for vacation time payout totaling $414.41 and compensatory time payout totaling $15.52 for a total of $429.93, in accordance with the LELS Police Officers Union Contract. Council Member Hull stated this recommendation is according to the Police Officers Union Contract. Assistant Clerk-Administrator Crane stated that is correct. Council Member Stigney thanked Assistant Clerk-Administrator Crane for research and answers to his questions prior to the meeting. He read language from the Police Officers Union Contract indicating: “Upon separation from employment with the City, employees with less than 20 years of service, and leaving in good standing, will receive a lump sum taxable severance compensation for all accrued vacation and compensatory time.” He asked for the definition of “good standing” and why it applied in this case since the officer resigned during the probationary period and was not in good standing. Clerk-Administrator Ericson explained it is a matter of interpretation and potential for a challenge. He stated the Council can argue the definition of “good standing” but based on all of the facts, the City Attorney found it made more sense to follow the Union Contract language and not make a determination this would constitute “not in good standing.” He stated that Council Member Stigney raises a valid point; however, it would cost the City significantly more than $429 if this matter is challenged and goes to court. Council Member Stigney stated “good standing” means everything is “a-okay” and the officer is doing satisfactory work in his job. He noted the City uses two rankings, “satisfactory” and “not satisfactory.” Council Member Stigney stated he understands that it could cost the City more if challenged and asked if the City is addressing this issue (resignation during probationary period) during contract negotiations. He expressed concern with setting precedence in making payment when an employee is not in good standing by not completing the probationary period. Clerk- Administrator Ericson stated that when the 2010 and 2011 contract is negotiated with the Police Union, staff will see if that language can be incorporated into the contract renewal. Council Member Mueller stated she does not want to jump to any conclusions and if the reasons for the resignation cannot be stated, it is still not right to assume the employee did not leave in good standing. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7521, Approving Severance for Police Officer Kenneth Koss. Council Member Stigney asked the record to show that “good standing,” as being applied in this case, may be ambiguous and is being used as a potential settlement mechanism rather than determining the employee’s performance. Council Member Gunn stated she supports Council Member Mueller’s comment, noting the Mounds View City Council November 9, 2009 Regular Meeting Page 6 officer resigned on his own prior to completion of the probation period. This employee was not fired so she assumes it was in good standing. Council Member Stigney stated he wants to avoid paying unemployment for an employee who is not in good standing, noting the City is self-insured with regard to unemployment. Mayor Flaherty stated that is a good point but this officer resigned voluntarily. He stated he supports revising the Police Contract to address when an officer resigns during probation. Ayes – 5 Nays – 0 Motion carried. E. Resolution 7522, Approving Severance for Police Chief Mike Sommer. Assistant Clerk-Administrator Crane presented a recommendation to pay Mike Sommer, who had resigned effective October 30, 2009, for sick time payout totaling $10,742.40 and vacation time payout totaling $2,376.30, both to his Retirement Health Savings Plan. This amount is not to exceed $13,118.70. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7522, Approving Severance for Police Chief Mike Sommer. Mayor Flaherty stated he was surprised at the amount of sick time that can be accrued and suggested that be addressed during contract negotiations. Council Member Stigney clarified this actually refers to the Employee Manual because the Police Chief did not have a contract. Ayes – 5 Nays – 0 Motion carried. F. Resolution 7524, Approving Mounds View Public Announcement Policy. Economic Development Specialist Steinmetz stated the City receives many random public service announcements requests from organizations. She stated this policy includes guidelines indicating what the City should and should not be advertising/promoting. Economic Development Specialist Steinmetz stated that staff created a list of organizations that make such requests and described the groups it comprised, noting it is also prioritized. In addition, staff created a draft form that an organization would complete when requesting the City to make an announcement. The Policy indicates that it is not appropriate for the City to advertise for-profit organizations or businesses. Economic Development Specialist Steinmetz stated a draft policy and resolution are provided for the Council’s consideration. Council Member Mueller stated that she supports having a written policy and asked if the announcements would be made on the electronic City Hall sign. Economic Development Specialist Steinmetz stated the form can be revised so the applicant can indicate where they would like the announcement made. Then, staff can determine where it would be most appropriate to place the announcement. Council Member Mueller asked if there is a certain amount of lead time for review and approval. Economic Development Specialist Steinmetz Mounds View City Council November 9, 2009 Regular Meeting Page 7 stated instructions are included on the form for the person submitting the request. Council Member Mueller noted that the list of organizations should show the senior housing facilities in parentheses so it is clear they are examples. Economic Development Specialist Steinmetz stated that is a good suggestion and she will make that clarification. Council Member Mueller asked how staff would respond to an applicant if the advertisement cannot be accommodated. Economic Development Specialist Steinmetz stated Receptionist Mary Springer has offered to handle that communication in a timely manner. Community Development Director Roberts stated the applicant would either be called or sent an e-mail. Council Member Stigney asked if the League of Minnesota Cities or other cities were contacted for suggestions. Economic Development Specialist Steinmetz stated City staff prepared this document on its own without examples. Council Member Stigney stated the City pays League dues so it would be good to work with them. He asked about repeat requests and if there is a time frame for priority. Economic Development Specialist Steinmetz stated that staff had not discussed repeat requests. Council Member Stigney asked if senior housing can advertise a sale or vacancy. Economic Development Specialist Steinmetz stated that the City has advertised bake sales in the past but the City should not advertise vacancies. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7524, Approving Mounds View Public Announcement Policy. Council Member Stigney asked staff to touch base with the League and other entities to assure nothing is missed in this policy. Council Member Mueller concurred and noted that, perhaps, the City’s electronic sign should be used only for City events. Mayor Flaherty stated Council Member Stigney makes a good point that advertisements for senior housing vacancies should not be allowed. He agreed with the need for a policy, which is a working document. Ayes – 5 Nays – 0 Motion carried. G. Resolution 7525, A Resolution in Support of Community Access Legislation (HR 3745) Clerk-Administrator Ericson reviewed that at the November Work Session, Executive Director of NSCC/CTV Cor Wilson and Cable Committee Chair Barbara Hakke made a presentation regarding the Community Access Preservation Act (CAP) being introduced in Congress. He explained that the draft resolution in support of CAP would preserve the right and opportunity for communities to enter into agreements with cable providers to have programming available. It would also maintain that control at the local level rather than being dictated by the State or other entity. Following discussion, it had been the Council’s consensus to pass a resolution of support for the CAP and if adopted, it will be forwarded to the City’s legislative representatives. Mounds View City Council November 9, 2009 Regular Meeting Page 8 Council Member Mueller asked if other cities are also addressing this concern. Clerk- Administrator Ericson stated that is correct and the League of Minnesota Cities is urging cities to take a position on this matter. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7525, In Support of Community Access Preservation Act (HR 3745). Council Member Stigney noted the fourth WHEREAS that indicates: “…such as the League of Women’s Voters…” and asked if instead it should indicate “such as other non-partisan groups.” Following discussion, Council Members Mueller and Hull accepted a friendly amendment to revise the resolution to strike the words “such as the League of Women’s Voters.” Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA Council Member Mueller asked to remove Item 8a. Mayor Flaherty asked to remove Item 8b. A. Licenses for Approval. Council Member Mueller noted all contractor licenses expire on December 31st of each year. She asked if the five licenses under consideration are prorated or pay the full fee. Finance Director Beer stated they pay the full license fee. Clerk-Administrator Ericson noted the application form clearly indicates the license expires on December 31, 2009. Council Member Mueller asked if the resident is responsible to assure the contractor is licensed. Clerk-Administrator Ericson stated every resident should assure the contractor is licensed by the appropriate issuing agency. MOTION/SECOND: Mueller/Hull. To approve licenses for approval, as presented. Ayes – 5 Nays – 0 Motion carried. B. Resolution 7523, Electing to Retain the Statutory Tort Limit on Liability for the 2010 Insurance Policies. Mayor Flaherty stated the City has always had a statutory tort limit because if a wrong occurred and the City was held liable, without a tort limit the lawsuit could be much higher. Finance Director Beer stated Minnesota has good tort caps, resulting in lower insurance premiums. He explained the League of Minnesota Cities requires the City to adopt tort limits. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7523, Electing to Retain the Statutory Tort Limit on Liability for the 2010 Insurance Policies. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council November 9, 2009 Regular Meeting Page 9 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Mueller/Hull. To approve Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. October 12, 2009, City Council Minutes. Council Member Mueller requested on Page 1, Line 41, to correct the name spelling to reflect: Mr. Kowalzek, and on Page 5, Line 18, to indicate: “…is that why…” MOTION/SECOND: Gunn/Mueller. To approve the October 12, 2009, City Council Meeting Minutes as corrected. Ayes – 5 Nays – 0 Motion carried. B. November 2, 2009, Executive Session Minutes. MOTION/SECOND: Mueller/Hull. To approve the November 2, 2009, Executive Session Meeting Minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty read a performance recognition for Police Officer Dave Anderson because of his investigation and resulting arrest of a burglar. Mayor Flaherty added the Council’s thanks and appreciation to Officer Anderson. Council Member Mueller stated she attended a Business Exposition hosted by the North Chamber at the Community Center where over 300 businesses from the local trade area had exhibits. She stated she heard complementary comments about the Community Center, which really “shined” at this well-attended event. Council Member Mueller stated that last week she toured Multi Tech Systems, an awesome employer in Mounds View that develops technology and machines that communicate with each other. She described how this technology can save a life during a medical emergency. Council Member Mueller announced the Ramsey County League of Local Governments meeting on November 12, 2009, that Clerk-Administrator Ericson will attend since she has another commitment. Mounds View City Council November 9, 2009 Regular Meeting Page 10 Council Member Mueller encouraged residents to call her should they be interested in Citywide trash collection. B. Reports of Staff. 1. Police Department Quarterly Report. Deputy Police Chief Kinney presented the 2009 third quarterly report and advised that the number of arrests and citations had significantly increased over 2008 and theft continues to be the highest reported crime. He explained that the DNR hunter education training is a popular program and each student receives a certificate. This year the program was very successful with 19 students, new gun handlers, being educated in gun safety and interacting with officers. In the area of crime prevention, the Night Out event was very successful with a record number of parties and increased participation. Deputy Police Chief Kinney commented on the Safe and Sober collaboration with the Ramsey County Traffic Initiative, an effort to remove impaired drivers from the streets through DWI enforcement as well as seat belt and speed enforcement. Mayor Flaherty agreed the gun safety program is wonderful for young hunters. He noted this is a free course and eleven years is the minimum age for participants. Mayor Flaherty stated he is glad that Police Officers are engaged with the City’s youth, noting School Resource Officer Knitter continues to do a wonderful job as well as Dare Officer Keikeisen. Council Member Mueller stated the DNR safety training was held at the Groveland Park building and asked about the convenience of using that building. Deputy Police Chief Kinney stated he heard only positive remarks. Community Development Director Roberts reported that staff met with Saturn representatives, noting Saturn is no longer manufacturing vehicles. The local Saturn is owned by a group of individuals who own several dealerships and plan to continue operating as a Saturn dealership as long as they can, even buying vehicles from other dealerships that are closing. He stated the ownership, management, and employees will remain the same but they may need revisions to their CUP to continue an automobile-related business. Council Member Stigney noted this is a new car sales business and asked what type of new vehicles they will be selling. Community Development Director Roberts stated they are still working on that. C. Reports of City Attorney. Noted. 12. Next Council Work Session: Monday, December 7, 2009, at 7:00 p.m. Next Council Meeting: Monday, November 23, 2009, at 7:00 p.m. Mounds View City Council November 9, 2009 Regular Meeting Page 11 13. ADJOURNMENT The meeting was adjourned at 8:48 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc.