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02-05-02 Charter Commission Regular MeetingCITY OF HOPKINS CHARTER COMMISSION AGENDA February 5, 2002 6:30 p.m. Raspberry Room I 1. Call to Order 2. Roll Call 3. Election of Chair and Vice -Chair 4. Approval of the Minutes of the Previous Meeting 5. Reports 6. Consideration of Communications 7. New Business • Police Review Committee • Elimination of 20 day period for ordinances to become effective 8. Adjournment ATTACHMENTS: • Minutes of the April 24, 2001 Charter Commission meeting. • Charter Commission Roster • Information about the Police Review Committee o Ordinance 2002-867 o Page one of Council Report 2001-80 setting forth reasons for abolishing the Civil Service Commission o Minutes of the September 11 and December 11 Council Work Sessions • Memorandum regarding Section 3.03 of the Charter, elimination of 20 day period for ordinances to become effective • Ordinance 2002-869 CHARTER COMMISSION January 14, 2002 Name Term Term Expires Sid Blair First 10/20/2005 Dorothy Boen First 4/13/2004 John Frane First 6/10/2004 Roger Gross First 4/13/2004 Marjorie Hance Second 9/26/2004 i John Hutchison First 10/20/2005 Roger Johnson First 8/26/2005 >' Charles Kritzler Second 9/26/2004 Henry Pokorny Second 4/7/2002 James Shirley Second 10/8/2004 Harry Smith Second 4/7/2002 Chair: James Shirley Vice -Chair: Roger Gross Minutes of the Hopkins Charter Commission April 24, 2001 The Hopkins Charter Commission met on April 24. Present were Commission members: Dorothy Boen, John Frane, Roger Gross, Roger Johnson, James Shirley, and Hairy Smith. Assistant City Manager Jim Genellie was also present. The meeting was brought to order at 7:00 p.m. Election of Chair and Vice -Chair. Con nissioner Frane moved and Commissioner Smith seconded a motion that Jim Shirley be elected Chair. There were no other nominations. The Commission voted unanimously to elect Jim Shirley as Chair. Commissioner Boen moved and Commissioner Franc seconded a motion that Roger Gross be elected Vice -Chair. The Commission voted unanimously to elect Roger Gross as Vice -Chair. Approval of the Minutes of the Previous Meeting. Commissioner Smith moved and Commissioner Boen seconded a motion to approve the minutes of May 16, 2000. The Commission voted unanimously to approve the minutes. Reports. There were no official reports. Communications There were no communications. New Business The Commission set its next meeting for April 30, 2002 at 7:00 p.m. Mr. Genellie informed the Commission that it would need four new members by the next meeting. Adj ourninent. The meeting adjourned by unanimous consent. - 1 - CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2002-867 AN ORDINANCE FOR THE PURPOSE OF AMENDING THE HOPKINS CHARTER TO CREATE A HOPKINS POLICE DEPARTMENT REVIEW COMMITTEE TO PROVIDE AN ALTERNATIVE APPEAL PROCESS OF DISCHARGE OR DISCIPLINARY DECISIONS INVOLVING HOPKINS POLICE DEPARTMENT EMPLOYEES THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: HOPKINS CITY CHARTER CHAPTER 6 SHALL BE AMENDED AS FOLLOWS: Subdivision 6.a. shall be added and shall read as follows: y SCs l')C`c� "There shall be a Hopkins Police Department Review Committee. The Committee shall be three (3) Hopkins residents, appointed by the Man -alter, who shall not at the time of their service be Hopkins employees or elected or appointed officials. The Committee shall, upon the request of a Hopkins Police Department employee, review a discharge or discipline action against the employee. The Coininittee's review shall be an alternative to any arbitration or other type of hearing available to the employee, through a collective bargaining agreement or by state or federal law. The Committee shall have the power to administer oaths and to compel attendance of witnesses and the production of books, papers and documentary evidence. The hearing shall be conducted pursuant to the standards and procedures established by the City Council by ordinance." Severability. Every section, provision or part of this Ordinance is declared severable from every other section, provision or part. If any portion of this Ordinance is held invalid or unenforceable by a court of competent jurisdiction it shall not invalidate any other section, provision or part of this Ordinance. Effective Date. This Ordinance shall be effective ninety (90) days after its publication. First reading: Second reading: Date of Publication: Hopkins\Ordinanc\CharterPmend I \ U G � ti 5 06-17-2001 0 P K ` � Council Report 2001-80 Resolution to Abolish Police Civil Service Commission of the City of Hopkins Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution 2001-39 as the first of two approvals necessary to abolish the Police Civil Service Commission of the City of Hopkins. Statutes require that the City Council adopt the attached resolution twice, at separate meetings of the Council in order for the abolition to be effective. Adoption of this motion will meet the first step of the requirement. Staff anticipates a second consideration of the resolution at the Council's next meeting. Overview The Civil Service Code was established over 60 years ago to provide control and supervision over the hiring, promotion, discipline, and discharge processes involving employees of the Police Department. In recent years the duties of the Civil Service Commission have duplicated other city rules for hiring processes. All Police Department employees other than the Chief and Captain have collective bargaining agreements that allow for a separate arbitration process for discipline and discharge appeals. Since the mid 1980s the Civil Service Commission has not been involved in any discipline or discharge reviews. Veterans will continue to have separate appeal rights outside of the procedures outlined in their bargaining unit agreements. Additional protections and procedures required to investigate a complaint and discipline a licensed Peace Officer are granted under Minnesota Statute. The Commission no longer conducts hiring or promotional testing but simply approves the process designed by department staff. Rules regulating the posting of notice and testing standards now exist in Administrative Policy #8-C. The City may add memorandums of understanding to each bargaining unit agreement to attach specific promotional language if it does not exist in their current agreement. Timelines and bureaucracy added to the hiring process place the Police Department at a competitive disadvantage when recruiting quality candidates for open positions. Primary Issues to Consider • Abolishment of the Civil Service rules will not alter employee protections for hiring, discipline or discharge that now exist in other policy sections or agreements. • Specific promotional language can be attached to the bargaining agreements without opening current contracts. Supporting Information • Rules and Regulations of the Police Civil Service Commission of Hopkins. • Administrative Policy #8-C • Typical Grievance Procedure from Collective Bargaining Contract • Minnesota Statute 626.89 Police Officer Discipline Procedures Act • Resolution 2001-39 Resolution Abolishing the Police Civil Service Commission of the City of Hopkins. ri Craig A. eid Chief of P lice Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: MIII�UTES Pagel of 3 MINUTES CITY COUNCIL WORK SESSION - SEPTEMBER 11, 2001 A work session of the Hopkins City Council was held at 6:30 p.m. on September 11, 2001, at the City Hall. Council members present were Mayor Maxwell and Council members Brausen, Hesch, Jensen and 'Johnson. City personnel present were City Manager Mielke, City Manager Assistant Stahmer, Assistant City Manager Jim Genellie, Police Chief Reid, Captain James Liddy, City Attorney Wynn Curtis, police officer Darin Hill, Economic Development Director Kerrigan, City Attorney Jerre Miller, Diane Goings of Records, Martin Ledbetter as acting vice president of the Hopkins Police Association, Patrol officer Craig Krieling, and Housing Coordinator Kersten Elverum. Also present were Terry Herberg (representing the sergeants' LELS union), Mary McGlinch of SuperValu, John Vegter of SuperValu, CETOM attorney Lonny Thomas, Sid Inman of Ehlers & Associates. Police Civil Service Commission Abolishment Chief Reid provided a brief history of the evolvement of CSC's. He said nowadays most cities have abolished theirs as collective bargaining units have basically taken over the reasons for their establishment. Hopkins has 4 bargaining units in its police department, an unusually high number. Their policies and that of the CSC are sometimes in conflict and often duplicate each other. His biggest problem with keeping the CSC, however, is that it slows hiring down, leaving Hopkins without the ability to get the prime candidates for the force, noting that the dispatch position of May 2000 is still unfilled. He said the CSC has basically "rubber stamped" every decision he and Captain Liddy make. The only group that CSC has a special benefit for is veterans who feel they have been disciplined unfairly, and there is an 'alternate mediation system to replace that. In fact,since the 1980's the CSC has never been used for suspension or termination hearings. City Attorney Curtis commented he had looked at the collective bargaining agreements now in place and the CSC offers nothing better. Police officer Darin Hill said he has no problem with CSC being taken out of the hiring practices. His concern is what happens if he has to shoot someone. CSC has a policy in place for that. He feels that something in writing should be given to the force and 'their unions to study before being asked to agree to abolishment of an option now open to them in such an event. Chief Reid said he had asked the force to let him know what they wanted in a letter of intent; the dispatchers were the only unit to reply. Mr. Herberg of LELS said he had noted that CSC rules say a person who has to take leave, etc., must be returned to his former position; the contract does not say that. He had not known he was to supply a letter. The sergeants realize hiring needs to be streamlined, but want to see it done by keeping "in the system." Diane Goings of Records said she recognizes CSC makes hiring cumbersome, but feels the dispatcher replacement problem has been due more to the hiring market than the CSC. Records is not represented by a union, but belongs to a bargaining unit that is made up mostly of non -police members. CSC requires 6 weeks' notice, layoffs by seniority, CSC would give a free method for mediation otherwise unavailable to her as she is non -union and would have to pay for an attorney. Mark Ledbetter of the Hopkins Police Association said his group was uneasy because they had nothing in writing to take to their attorneys. Drafting their own ideas would create too many billable hours for their union. > His union is also against any addition to their contract outside of the official negotiating period. Craig Krieling agreed with Mr. Ledbetter that he felt the city should draft something to show the police staff, not expect the bargaining units to write something first for the city. 9/14/2001 MINUTES Page 2 of 3 Attorney Curtis said the problem has been that CSC is established by statute, and is "all or nothing," one cannot eliminate only parts of it. However, he feels the goal of streamlining hiring while keeping the CSC pluses could be reached by ordinances. Mr. Mielke said he felt an appeals board much like CSC might be the answer. Mr. ` Curtis noted some details may take work, for example seniority rehire has a 2 year window in CSC, but only 3 bargaining units have it in their contracts. The issue is does everyone want everything but hiring to be put in ordinance form. Ms. Hesch and Ms. Jensen emphasized they wanted the police force to feel protected and appreciated, but felt not being able to hire the best candidates because of the slowdown of hiring due to the CSC was their issue. Ms. Hesch asked how soon a draft of an ordinance that replicated CSC except for hiring issues could be drafted; could it be done by the second voting meeting of the Council in December before Council make-up might change. Mr. Genellie noted he would need to check out if the appeals board portion would be legal. General Consensus: City Manager Mielke will oversee the development and analysis of an ordinance to take the place of the present process, involving all divisions in the working out of such an ordinance. The ordinance should basically reflect the CSC except for involvement in the hiring process. Rezoning of Knox Property Mr. Mielke said on August 8, 2001, the Council had approved the first reading to rezone the Knox site from Industrial to Business Park. CETOM Attorney Thomas asked the rezoning be continued to allow Knox more time and this was done. Now SuperValu is interested in purchasing the property for a truck maintenance facility. Conditional rezonings are illegal; it cannot be rezoned on the condition SuperValu buy the property. If the Council determines the site should be left as industrial, the Comprehensive Plan would need to be amended to Industrial zoning for the site. City Attorney Miller said it is now I-2 and if that is kept, compliance ( "same or similar") means the full list of I-2 uses would be open in the future. Mary McGlinch of SuperValu said their intended use is fleet maintenance, some office space, and miscellaneous storage now at 101 Jefferson as most of North Annex has moved there. They have tried to acquire EPCO and General Resources. The Knox lease expires with their bankruptcy. Mr. Vegter added the Knox building would be kept as it is except for larger doors. The Duke area would be used for truck parking so the canopies over the lumber area would be removed. CETOM Attorney Thomas said the liquidation deadline is October 15. Ms. McGlinch said SuperValue wonders if the Council would give them a non -transferable CUP. Answering Ms. Johnson, Mr. Kerrigan said noise would have to meet ordinance levels and Mr. Mielke s€ ;d screening would be required. City Attorney. Miller said the new legislation is that once a non -conforming use is discontinued after ? year it can not be reinstated. Mr. Kerrigan said this leaves a "window" when someone other than SuperValu could come in with any I-2 use. One solution might be to make a new I-3 classification that would allow only truck maintenance. Also it could be CUP approved with conditions as to noise level, landscaping Answering Ms. Hesch, Ms. McGlinch said the lease with CETOM would be 10 years with multiple renewable options. Answering Mr. Mielke, Attorney Miller said once CUP conditions were put in place, if a business there ceases, assuming no distinctive changes, the same CUP would need to apply. A.CUP should not be considered until CETOM and SuperValu have a landlord/tenant agreement. Mr. Kerrigan said one consideration is that other properties have been changed from industrial to business park and since this has had its first reading, other property owners may react adversely. Ms. Hesch said she felt this was a Z&P issue. Mr. Mielke said at the second reading it could be sent back to Z&P. General Consensus: This should be presented at the next Z&P meeting for a concept review. City staff shall find out what CUPs could do and not do. The second reading the first week of October shall include Z&P input, but it is understood the Council may not take action on it. Staff shall check out rezoning and nonconforming uses allowed. East CBD Project Discussion Update on Property Purchasing. Mayor Maxwell said Luthers seem to be hanging onto their figure, but he has not been able to talk to David Luther personally. The appraisal is W1 n i111101 December 11, 2001 Page 1 MINUTES CITY COUNCIL WORK SESSION — DECEMBER 11, 2001 A work session of the Hopkins City Council was held at 6:30 p.m. on December 11, 2001, at the City Hall. Council members present were Mayor Maxwell and Council members Brausen, Hesch, Jensen and Johnson. City personnel present were City Manager Mielke, Public Works Director Stadler, Assistant City Engineer Bot, Assistant City Manager Jim Genellie,'Police Chief Reid, and Police Captain Liddy. Also present was Councilman -elect Bruce Rowan. Vacation of 13' Avenue Mr. Bot said this vacation had been discussed a few years ago, but then reconstruction plans were delayed and the matter was dropped. Reconstruction of 13th Avenue was ordered by the Council last month; on November 7 St. Joseph's put in a petition for vacation. St. Joseph's held a neighborhood meeting December 5. Major issues raised were: alternate route for emergency vehicles (there are three usable ones); possibility of a parking lot entrance off 151 St. S; street parking in front of City Gables being eliminated through use of the church lot; reliability of the traffic study; turning the alley into a one-way (consensus was to wait and see if problems arise before doing that). The public hearing and first reading of an ordinance for the petitioned vacation is scheduled for December 18, 2001. Answering Mayor Maxwell, Mr. Bot said for reconstruction to proceed on schedule, a final decision would need to be made in a month. Mr. Stadler answered Mr. Brausen that if that deadline could not be met, one solution might be to do assessments after the reconstruction. Paul O'Gorman, trustee of St. Joseph's, addressed the Council. He stressed that the church -does not want to hurt anyone by the vacation. They want it for safety issues, to consolidate the school campus, to put parking closer to the facilities without pedestrians having to cross roads. They want to put grass over the present road to the playground, correct the road situation in front of the property and extend parking to in front of the old convent. They would like to make a sidewalk connection from the park to Mainstreet. They would upgrade lighting for the parking lot. Utility easements would not be built upon. St. Joseph's has been approached several times by developers about developing this area (all of which would have requiredthisvacation); St. Joseph's has always refused. This plan would not increase residence density and St. Joseph's is willing for the public to use -the parking lot if liability issues can be solved with the city. The American Legion has had an informal agreement whereby they plow the lot in exchange for use of it; that would not change. He feels most of the traffic on 131a is people using it as a shortcut, rather than residential traffic. City Gables residents could use the lot so that street parking could be eliminated in front of their building and increase their safety. Addressing Council questions he added the following: John Ireland school building use may change if IHM is added to, such as expanded daycare, a Mary shelter, Montessori school, youth center; accesses to the lot are still an open issue; an issue of concern is vandalism on the lot and St. Joseph's responsibility for that. City Manager Mielke said there were no zoning issues. Mayor Maxwell suggested the possibility that traffic now using 13`t' could be given a one-way route through the parking lot; Mr. O'Gorman said that possibility had not occurred to anyone. Mr. Mielke answered Ms. Hesch that an December 11, 2001 Page 2 agreement for shared usage might be able to be agreed on in concept before the issue needs to be decided, but there would not be time to get it properly written. He has talked to City Attorney Jerre Miller who says liability issues always rely on negligence; short of provable negligence there is no liability. Mr. Brausen said one issue would be if the agreement would be long-term. Mayor Maxwell said the extra parking is enticing, but traffic issues are the major issue. Ms. Jensen asked if the vacation could be annulled if the church sold the property later; Mr. Mielke will check with the legal department. Mr. Bot added the utility companies also need to be checked with yet. Mayor Maxwell asked for public comment. Mr. Jeffrey Fine said he owns properties on Mainstreet said in general he favored the vacation but was concerned how it would affect the alley access to parking. Mayor Maxwell said that part of the alley would not be affected. Cecil Kloss of City Gables said in April 1999 he had collected signatures on a petition against the vacation. He feels children's safety issues could be met by signage. Mr. Mielke noted that the Council had not taken any action in 1999, as there was no formal application by St. Joseph's so no formal hearing was ever held. Dennis and Tom Roof own nearby apartments and are strongly against the vacation, although they appreciated St. Joseph's holding the neighborhood meeting. Dennis says safety of children is not a real issue as St. Joseph's let children play on the parking lot when cars were parking, etc. for a funeral. He also feels the traffic study results are not applicable as they were done in winter, not when the park is in use. Tom added at present there are only two ways in and out for their apartment dwellers; the vacation would leave only one. Eunice Andren of City Gables said she would like to see no parking on 12`' , as cars parked there are dangerous for seniors as well as children. Isabel Kloss suggested the parking be moved and the playground be moved to by the school. Doug Palmer of City Gables said he overlooks the parking lot and that is where the children play, not on the playground, so expanded parking would increase the danger to them. Ms. Jensen said making a decision quickly without having everyone involved meet together is not the Council's way of doing things. Mr. Brausen wondered if the street could be gated during school hours; Mr. Stadler said no other school does that and feels it would be a drastic measure. Ms. Hesch said she heard three issues that need discussion: closing access, traffic on 12', and elimination of parking on 12". Ms. Johnson said she felt the playground and school should be on the same side of the street. General Consensus. Mayor Maxwell said he felt the consensus was that the Council would not make a decision on December 18. There should be a meeting set up in January to discuss possibilities; he suggested Jeffrey Fine, the Roofs, Cecil Kloss and Paul O'Gorman as participants. Police Civil Service Commission City Manager Mielke said the Council had wanted to create an ordinance that would protect employees but remove the hiring issues posed by the current Civil Service Commission. During that process City Attorney Wynn Curtiss said the city charter does not give the Council that authority, so he was directed to see if the charter could be changed. The issue of layoffs and reinstatements has been brought up during the process. Attorney Curtiss said he thinks the charter can be changed. Section 202 allows advisory boards to be formed and gives them subpoena power. He still needs to determine if that subpoena December 11, 2001 Page 3 authority section would also need to be amended in the charter. Assistant City Manager Jim Genellie said the Charter Commission could meet after the second week in January. They have to meet twice, but no time spacing is required. Then the Council would need to meet twice on the issue. Ninety days after publication, the changes made would take effect. The charter gives the power, but implementation would require an ordinance setting out the rules, etc. for the committee. Then there would need to be a resolution to abolish the Civil Service Commission. He strongly recommends it be orchestrated so the new committee would be put in place at the same time the Civil Service Commission is abolished. Answering Mayor Maxwell, he said he thought both Council meetings should be regular meetings. Answering Ms. Hesch he said he felt early May would be the earliest all steps could be done. Answering Mr. Mielke, Chief Reid said he is in a hiring process now under the old rules so the need to push this through quickly is gone, but added he will probably need to recruit again before the year is out. Ms. Jensen asked about ramifications if the Civil Service Commission were simply abolished with no other changes made. Mr. Curtiss said the attorneys for 2 of the units said they would never use the appeal process. Mr. Mielke added that then arbitration would be the only appeal for disciplinary matters. Layoff issues, etc. could be incorporated into personnel policies. It is possible it would enter into contract negotiations although the city has always opposed putting management issues into contracts. Ms. Johnson asked about Diane's letter; Mr. Mielke said he feels those issues must be taken care of after the charter issue. Chief Reid said Diane is part of a bargaining unit in which the 4 police members are a small minority; they weren't interested in working with Mr. Genellie, which he hadn't expected. Mr. Mielke added that union measures overrule city policy, even if city policy is more liberal, as is the case with HEMA. He added a police representative who was unable to attend the work session had indicated the police officers have not changed their feelings on the issue. Captain Liddy said he feels abolition of the Civil Service Commission is critical because other cities are directly recruiting Hopkins' policemen; other cities without such a commission are already interviewing those on the last "available police" list. General Consensus: Attorney Curtiss is to get a definite answer by January 2 at the latest and is to proceed as quickly as possible. Ms. Hesch asked that she be put on record that if the charter change cannot happen, she feels the Civil Service Commission should just be abolished. Other Leaves on boulevards. Ms. Johnson asked about the bagged leaves left out because people did not follow the rules. Mayor Maxwell said he told Mr. Stadler to have them picked up. Mr. Mielke said he disagrees, as that is not fair to those who paid. Ms. Johnson said she feels they should be fined or charged in some way. General Consensus: Have staff pick them up now, and then draft an ordinance to take care of this problem so it doesn't happen again next fall. Mr. Mielke said if someone complains about the free pick-up he will refund their money. Budget Meeting. Mayor Maxwell asked what levy should be brought before the Council. General consensus was it should be 9.8 % as was published. Department of Administration Memorandum To: Charter Commission From: Jim Genellie Date: January 14, 2002 Subject: Section 3.03 of the City Charter Section 3.03 of the City Charter states that all ordinances, except emergency ordinances, "shall take effect 20 days after the date of their publication, unless a later date is fixed therein, in which event they shall take effect at such later date." There is no legal requirement to wait 20 days after publication for an ordinance to take effect. This delay has caused some minor problems in the past. The 20 day delay does not seem to serve any particular purpose. It is not long enough for residents to petition for a referendum on the ordinance. It may have been put in originally to allow time for residents to become aware of ordinances that contain a penalty before enforcement begins. Many ordinances, however, do not fall into this category. Also, it is questionable how well a legal publication informs the public of a new ordinance. For those ordinances that may impose new requirements on residents, with attendant penalties, the Council can always set a different date for an ordinance to become effective. \Admin MEMO.doc CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE 2002-869 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF HOPKINS UPON RECOMMENDATION OF THE HOPKINS CHARTER COMMISSION PURSUANT TO M.S.A. CHAPTER 410.12, SUBD. 7 The City Council of the City of Hopkins, upon recommendation of and from the Hopkins City Charter Commission does hereby ordain and thus amend and adopt the following changes, deletions, and amendments of or from the following chapters and sections of the Hopkins City Charter: Section 1. Section 3.03, Subdivision 1 is amended as follows: Section 3.03. ORDINANCES, RESOLUTIONS AND MOTIONS. Subdivision 1. Except as otherwise provided in this Charter, all legislation shall be by ord' Gity Gr-d-inanees shall provide either one of the following enacting clauses: "Be it ordained by the Council of the City of Hopkins" or "The Council of the City of Hopkins hereby ordains as follows". Every ordinance shall be presented in writing and every ordinance, other than emergency ordinances, shall have two public readings and at least three days shall elapse between the first and the second readings thereof. Every ordinance passed by the Council shall be signed by the Mayor and the City Clerk, and shall be filed with the City Clerk. Every Ordinance that has been adopted shall be published at least once in the official newspaper of the City within 30 days after its passage by the Council. All ordinances, except emergency ordinances, shall take effect 20 days after on the date of their publication, unless a later date is fixed therein, in which event they shall take effect at such later date. Ordinances adopted by the voters of the City shall take effect at the time fixed therein, or, if no such time is designated therein, then immediately upon the adoption thereof. Section 3. The effective date of this ordinance shall be ninety days after publication. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: