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HomeMy WebLinkAbout01-17-2008 Continuation of Meeting 01-14-08 MINUTES MAPLEWOOD CITY COUNCIL CONTINUATION OF JANUARY 14, 2008 COUNCIL MEETING 7:00 p.m., Thursdav, January 17,2008 Council Chambers, City Hall Meeting NO.1 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Hjelle. B. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember ('Acting Mayor) Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Absent Present Present Present Present C. APPROVAL OF AGENDA Councilmember Nephew moved to reconsider 114. Desiqn and Production Services Contract- Steiner & Associates Graphics. Due to the request to send this out for an RFP and additional information that is now available for this Consent Aqenda item that was heard Mondav. Januarv 14. 2008. Seconded by Councilmember Rossbach. Ayes - All The motion passed. K. UNFINISHED BUSINESS 114. Design and Production Services Contract - Steiner & Associates Graphics. a. Bob Mittet, Finance and Administration Manager and Acting City Manager gave a report. b. Karen Guilfoile, City Clerk and Citizens Service Manager gave a report. Councilmember Nephew moved to authorize the retention of Steiner & Associates Graphics and do additional paqe lavout work as directed bv staff in an amount that may exceed $5.000 but is not to exceed $13.000 and to come back to the council with further recommendations after staff has analvzed the printinq needs of the city. Seconded by Councilmember Rossbach. Ayes - All The motion passed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 1 3. Myth Sign Review - 3090 South lawn Drive a. Senior Planner, Tom Ekstrand presented the report. b. City Attorney, Alan Kantrud answered questions of the council. c. Jeff Kehr, Myth General Manager, 3090 South lawn Drive, Maplewood addressed and answered questions of the council. No Council action was needed for this item. 5. Reconsider item F3 from December 10, 2007, city council meeting; sign code Amendment, Second Reading - Councilmember Will Rossbach - No Report a. Councilmember Rossbach reported on the subject. b. City Attorney, Alan Kantrud answered questions of the council. c. Senior Planner, Tom Ekstrand answered questions of the council. Councilmember Rossbach moved to direct staff to prepare a moratorium ordinance that would allow the council an opportunity to complete preparation of the dynamic siqn portion of the siqn ordinance to its full extent. Seconded by Councilmember Juenemann. Ayes - All The motion passed 6. Reconsider item F1 from December 27,2007, Special City Council Meeting; Conditional Use Permit Billboard Height increase - Councilmember Will Rossbach - No Report a. Councilmember Rossbach reported on the subject. b. City Attorney, Alan Kantrud answered questions of the council c. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. After a lengthy discussion among the city council members, Council member Rossbach withdrew his request to reconsider this request. 7. Anonymous Voice Mail from Pierre Regnier - Councilmember Eric Hjelle a. Mayor Hjelle gave the report. b. City Attorney, Alan Kantrud answered questions of the council. c. IT Director, Mychal Fowlds answered questions of the council. Councilmember Nephew moved to direct the City Attorney and City Manaqer to refer this matter to the board of professional responsibility for their consideration and action if it is appropriate in their iudqment. Seconded by Councilmember Rossbach. Ayes - Mayor Hjelle, Councilmembers Nephew & & Rossbach Nav - Councilmember Juenemann The motion passed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 2 L. NEW BUSINESS 3. Annual Review of the Rules and Procedures for City Council and Council Meetings Manual. a. City Clerk, Citizen Services Manager, Karen Guilfoile presented the report. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach recommended staff make a change to Section 14, item D. Other Matters, in the last paragraph. The first line should say The council chambers and city buildinqs will be made available for non-partisan political meetings. Along with three policy changes below. 1" policy. Create a schedule for the Maplewood City Newsletter that divides the council into 12 months of the year. 20d policy. The council acknowledges that only as a group and not as individuals does the council have authority to this end. No city staff person will enact changes to existing city policies, procedures, or practices that fall under the authority of the council or city manager at the suggestion of a councilmember without approval of a majority of the council or city manager depending on whose responsibility that area is. 3'd policy. No city website, publication or property shall use visual or audio displays which tend to highlight individual members over the full council. Councilmember Rossbach said this wording comes from the League of Minnesota Cities. When a statutory or home ruled charter city or other political subdivision issues a report or publication for public distribution to inform the general public of the activities of the political subdivision the report or publication must not include pictures of elected officials or any other pictorial or graphic device that would tend to attribute the publication to an individual or group individuals instead of the political subdivision. The purpose of the city website or publication must be to provide information about the duties and jurisdiction of the city or to facilitate access to public services and information related to city responsibilities or functions. A city website or publication must not include pictures or other materials that tend to attribute the web site or publication to an individual or group of individuals instead of the city. Then it lists a couple Minnesota statutes that those paragraphs are descriptions of. Councilmember Juenemann asked for a definition of "who the parliamentarian" is. Ms. Guilfoile said she would insert the language and bring it back to the council for the next meeting. Mayor Hjelle said he would like to have something in the rules regarding the councilmember's articles must relate to city business. He said tax payer money should not be used for the council's personal thoughts and observations about issues that are not specifically city related. Councilmember Juenemann moved to table the Annual Review of the Rules and Procedures with the recommendation that staff take the suqqestions from the council for the Review of the Rules and Procedures and brinq it back to the council. Seconded by Council member Nephew. Ayes - All The motion passed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 3 5. Consideration of process options available for replacement of a City Manager - Council Member Rossbach - no report. Councilmember Nephew moved to recommend brinqinq back the matter of replacinq the City Manaqer and request a report from City Attomey. Alan Kantrud. Seconded by Councilmember Juenemann. Ayes - All The motion passed. a. City Attorney, Alan Kantrud gave the report and answered questions of the council. b. Public Works Director, Chuck Ahl answered questions of the council. Mayor Hjelle asked if anyone in the audience wanted to speak regarding this issue. 1. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. 2. Richard Bennett, 2962 Beebe Parkway, Maplewood, addressed the council. 3. Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council. 4. Christine Stone, 2727 Hazelwood Avenue, Maplewood, addressed the council. 5. Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood, addressed the council. 6. Dave Schilling, 1955 Greenbrier Street, Maplewood, addressed the council. 7. Ann Fosberg, 2516 Idaho Avenue East, Maplewood, addressed the council. 8. Carl Erb, 2354 Heights Avenue, Maplewood, addressed the council. Mayor Hjelle closed the discussion. Councilmember Nephew moved to recommend the memorandum of understandinq submitted for the council's approval from City Attorney. Alan Kantrud. Direct city staff to execute the memorandum understandinq allowinq Chuck Ahl to serve in the role as "Actinq" City Manaqer. Seconded by Councilmember Juenemann. Ayes - Councilmembers Juenemann, Nephew & Rossbach Nav - Mayor Hjelle The motion passed. Councilmember Nephew moved to formerly declare Mr. Charles Ahl appointed Actinq City Manaqer pursuant to statute 412.641 sub div 1C. and make the appropriate findinqs. namely that Mr. Ahl is a properly qualified person to perform the duties of the Actinq City Manaqer durinq the absence of a City Manaqer. Seconded by Councilmember Juenemann. Ayes - Councilmembers Juenemann, Nephew & Rossbach Nav - Mayor Hjelle Councilmember Nephew asked if City Attorney, Alan Kantrud had any success in finding special counsel regarding Mr. Copeland's employment? January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 4 Mr. Kantrud said yes somewhat. Councilmember Nephew said the reason he asked is since Monday evening's council meeting it has come to his attention that a purported contract with Mr. Copeland exists and while he questions the validity of Mr. Copeland's contract for numerous reasons, he felt the council is needs to immediately direct staff to retain legal counsel. The reason for that is that Mr. Copeland's contract does not reflect what Eric Hjelle's motion was in the early morning hours of November 14, 2006. For one thing the employment contract is dated November 13, 2006, and there is no other date on it. The contract includes an extremely generous benefit to Mr. Copeland for any disparagement of himself, any negative comments on his performance, or any negative comments on the agreement itself promising Mr. Copeland $100,000 if any member of the city council should criticize him, his performance or his agreement. Mayor Hjelle asked Councilmember Nephew where he saw this contract? Councilmember Nephew said he saw the contract on a website where it was obtained by a data practices request. He asked City Clerk Guilfoile if there was any question as to whether that contract in fact had been presented and found within the possession of the city? City Clerk, Karen Guilfoile said she did receive a data practice request for the contract of Mr. Copeland. The city had a prior request and she was told there was no contract but she forwarded on the minutes where the council had made their motion. That was the only record she thought the city had in their possession. During the data practice request she had asked human resources if there was an employment for Mr. Copeland and they indicated yes there was. During that data practice request she found out that a copy of the employment contract was in the possession of the finance department for the purpose of making a payroll adjustment. Finance and Administration Manager, Bob Mittet provided Ms. Guilfoile with a copy of that contract. The contract does exist and she fulfilled the data practice request as it was submitted to her. Mayor Hjelle asked if that contract would be something that should have been given to the city council? Ms. Guilfoile said she didn't feel it was appropriate that she was being put on the hot seat. It was her understanding that if there had been an employment contract that was signed by the Mayor and the City Manager, that the council would have been provided a copy of that by the Mayor or the City Manager. Ms. Guilfoile said she didn't feel that was her duty and she didn't know the council didn't already have this information. Councilmember Nephew said this was a contract that was not approved by the city council and in fact, the only signatures on it are Mayor Longrie's and the City Manager's. A number of people in the audience have asked the council to criticize the performance of Mr. Copeland but he thinks it is entirely prudent not to offer criticisms of Mr. Copeland's performance. Mr. Copeland is not currently removed from his position at City Manager so the termination clause whether or not it was held valid, should not apply as long as he is currently employed. He wanted people in the audience to understand that the council had been set up for a trap with a kind of legal jeopardy. The audience can draw their own conclusions as to why this employment contract may have been produced at the last minute on the eve of Mr. Copeland's anticipated removal. That evening, January 14, 2008, Mayor Longrie sat next to him when Councilmember Nephew had mentioned that he had not been able to locate a contract for Mr. Copeland and the Mayor did not mention existence of the contract or speak to its validity. Having said this by way of giving background to the audience, could Mr. Kantrud report on the success of finding available attorneys with expertise in public employment law? January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 5 Mr. Kantrud commented that he is making progress. He said right now he is aware of one attorney that is available and who has offered their services and the other two attorneys he hasn't been able to reach yet. Councilmember Juenemann asked if it was appropriate for the council to follow through with the recommendation shown in Mr. Kantrud's memorandum? Mr. Kantrud said yes. If the council plans to remove Mr. Copeland from employment at the city, a motion should be stated as such. Councilmember Nephew said he was curious what the City Attorney and the Police Chief had to say regarding presenting a document as a valid employment contract for purposes of a payroll adjustment that had not been approved by the city council which included significant clauses that were different from the prior city manager's agreement which the city council never discussed and did not ratify as a body. An employment contract that did not have the signature of the City Clerk, which he understood the state statute required. He asked if this is a matter of legal concern of a potential criminal nature? Mr. Kantrud said if the council raised and brought it up as an investigation it could lead to a criminal investigation. Beyond that he couldn't tell the council because the city isn't down a path far enough to do that. After talking to staff it is customary for those types of contracts to be acknowledged and signed by the City Clerk. Councilmember Nephew said the council is in a highly intense environment here. He asked what the appropriate path would be. The council heard earlier this evening a situation raised by Mayor Hjelle regarding a former city attorney and whether or not to refer that situation to an outside authority. He asked what the appropriate path would be for another law enforcement agency to be contacted to investigate whether or not anything inappropriate or actionable has occurred here? Mr. Kantrud guessed the referral would be taken and directed to another sister agency. Maplewood Police Chief, Dave Thomalla said it would be most appropriate to refer this to another law enforcement agency such as the sheriffs department. Whether it be the Ramsey County Sheriff's department or a neighboring county. For other types of investigations the City of Maplewood has drawn on the resources of neighboring agencies. Mayor Hjelle said before the council gets too far down the conspiracy trail here, he said he made an inquiry to Mr. Copeland over a year ago regarding the existence of a contract and was told no one had ever asked to look at it. One thing he said that bothers him is that there should be some type of mechanism showing data practice requests online so the council knows what is going on. It's nice to know these types of things before things are published on someone's website. He said he was told over a year ago there was a contract, looking back at it now he should have asked to see a the contract but to be honest with the council he didn't really care. He asked Mychal Fowlds to speak regarding some type of electronic process to see what data practice information is being requested? IT Director, Mychal Fowlds said, originally the city looked at publishing the results of the data practice results online but the council decided against that for many reasons. As far as a list of how many data requests are being made, he wasn't sure if the city could or couldn't do that. He said posting it on the website isn't a problem, but it takes time. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 6 Mayor Hjelle said it takes time and it takes up space. Over the past 2 years he is sure there has been a lot of data practice requests. Councilmember Nephew said as an observation he was very surprised when he read Mr. Copeland's contract because he distinctly recalled a council meeting in the last few years where Councilmember Hjelle was strongly against anti-disparagement clauses on principal and Councilmember Hjelle may have even suggested an ordinance to prohibit those clauses. Given that two members of the council had opposed Mr. Copeland's appointment and that an anti- disparagement clause was not in Councilmember Hjelle's motion and given that he had expressed a philosophical objection to it, Councilmember Nephew found it surprising. Especially because of the fact that he had not see a public meeting to discuss this. Councilmember Nephew made a motion to direct staff to refer this matter of Mr. Copeland's contract to an outside aqency. Seconded by Councilmember Rossbach. Ayes - All Councilmember Juenemann asked for assistance from the City Attorney to guide the council to take number 1 in his memorandum to do things appropriately based on the discussion the council has had. City Attorney, Kantrud said he would suggest that the council formally announce that pursuant to Minnesota State Statute 412.641 sub. Div. 1A that the council formally and publicly put Mr. Greg Copeland, City Manager on formal notice that it is the council's intent as a body politic to remove him from the position as City Manager pursuant to the council's authority to do so. Councilmember Juenemann moved that pursuant to Minnesota State Statute 412.641 sub. div. 1A. the council formally puts Mr. Greq Copeland. City Manaqer on notice and it is the intent of the council to remove and replace him. Seconded by Councilmember Rossbach. Ayes - Councilmembers Juenemann, Nephew, & Rossbach Nav - Mayor Hjelle The motion passed. Councilmember Nephew offered his appreciation to Mr. Mittet for stepping into the hot seat as Acting City Manager for the three days. The council agreed with those comments. M. COUNCIL PRESENTATIONS a. Joe Plant/Greg Copeland Mayor Hjelle said Joe Plant was a Maplewood resident and a newly hired member of the St. Paul Police Department. Joe passed away at the age of 24 from an apparent heart attack and he was buried today in Maplewood. He will be missed by many members of the fire and police personnel in Maplewood and St. Paul. The issue of Mr. Copeland is a moot point and does not need to be addressed. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 7 b. Fire @ Wipers Recycling Commissioner Nephew said there was a fire at Wipers Recycling, a business that recently moved to Maplewood into the old Northern Hydraulics building. He asked the Fire Chief to address the situation. Maplewood Fire Chief, Steve Lukin said Wipers Recycling is a recycling business which mainly grinds old products received from the Salvation Army or Goodwill such as old shoes. A huge grinder is used to grind the products to be used to make into long socks to pick oils up as a recycling product. The second business is to pair shoes up and ship them over seas and also sell the shoes on eBay. The fire at Wipers Recycling broke out inside the grinder unit itself. About 1,000 of these grinders are used throughout the United States but this is the first time the grinder ground up products so fine. They were doing some testing with the ground product which they stopped around 6 p.m. Apparently the fire smoldered all night and finally ignited itself early in the morning around 6 a.m. The employees tried to put the fire out but the smoke was too much and they called the Maplewood Fire Department around 6:50 a.m. The only damage done was to the grinder but there was heavy smoke damage. The building is under investigation by the insurance company as to why the fire was started within the grinder. The fire department's investigation is done. At this point the business is not supposed to be operating. There are other issues at hand here that need to be complied with. The owner is working with city personnel and the insurance company. Mr. Ahl said there are issues with zoning and other things with the business. There is some work that needs to be done at this building. The owner, Ms. Gearin, has some issues to work through. Staff will bring a report back to the council when there is more information. c. Orientation Councilmember Nephew said as a new council member he had two days of orientation at the city. He wanted to thank city staff who set aside their time to help him learn the ropes of what city personnel does. There is a tremendous team of people at the Maplewood city hall. Besides the staff he had an opportunity to meet with the City Attorney and the Labor Relations Attorney. It's very exciting to be on the city council. He wanted to thank everyone especially Karen Guilfoile for helping to coordinate things. d. Council/Staff Retreat Councilmember Nephew said the topic of having a council retreat came up and before people's calendars get too full the staff would like the council to schedule a retreat in February. The Council could list the dates that are good for them which would assist staff in the scheduling process. Karen Guilfoile said she is typically the person who coordinates the Council/Staff Retreat and said it would be nice if staff could get some direction of where the council would like to have the retreat. Mr. Ahl asked if the council would like a facilitator? The city has some facilitators they have worked with in the past and it would be staff's suggestion to have a facilitator rather than having staff try to facilitate the meeting. Councilmember Rossbach said he votes for the Humanity Center and thinks the council should have a facilitator. He said all senior staff should be there for the retreat. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 8 e. South Leg Meeting Councilmember Rossbach said there will be a South Leg meeting Wednesday, January 23, 2008, at 7:00 p.m. at the Maplewood Fire Station, Number 4 located on Londin Lane to discuss residents concerns regarding various smoke problems that continue to occur in people's neighborhoods. f. Ramsey County League of Governments Councilmember Rossbach said the Ramsey County League of Govemments is having their first meeting of the year which is open to the public. The meeting will be held January 31, 2008, at 7:00 p.m. at the North Oaks Country Club. The North Oaks Country Club has sponsored a portion of this meeting. N. ADMINISTRATIVE PRESENTATIONS 1. Resolution of Issues with Sale of Dispatch Equipment, Bob Mittet, Finance and Administration Manager. Mr. Mittet said at the December 27,2007, Special City Council Meeting, questions were raised over the handling of the transactions associated with the sale of the dispatch equipment to Ramsey County for $156,000 and the monthly billings from Ramsey County for dispatch services performed from June 1, 2007, through December 31, 2007. Mr. Mittet spoke with representatives from Ramsey County involved in dispatch, property and finance and have agreed on the end of year steps. Once the city receives payment from Ramsey County for $156,000, title in the equipment will transfer as per the Joint Powers Agreement. No action was needed from the council for this matter. O. ADJOURNMENT Mayor Hjelle adjoumed the meeting at 10:10 p.m. January 17, 2008, City Council Meeting (Continuation from January 14, 2008) 9