HomeMy WebLinkAbout04-01-03 CCMMayor: Lee Hunt Lake Elmo City Council
Councilmembers:
Steve DeLapp Tuesday
Susan Dunn
Dean Johnston April 1 2003
Chuck Siedow �
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
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decisions are preconceived. However, staff provides background information to the City
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6:00 p.m. :CLOSED MEETINGAet Council Litigation
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
March 18, 2003
3. PUBLIC INOUIRIES/INFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
A. Public Inquiries
agenda. In addressing the Council, please state your name and
B. 501h Street Speed Survey: Washington
address for the record, and a brief summary of the specific item
County Deputy Halder
being addressed to the Council. To allow adequate time for
each person wishing to address the Council, we ask that
C. Year End Financial Report and Audit
individuals limit their comments to three (3) minutes. Written
Report-12/31/02
documents may be distributed to the Council prior to the
meeting or as bench copies, to allow a more timely presentation.
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to
be routine by the City Council and will be enacted by one
motion under a Consent Calendar format. There will be no
separate discussion of these items unless a Council member so
requests, in which event, the item will be removed from the
general order of business and considered separately in its normal
sequence on the agenda.
5. FINANCE
Tom Bouthilet
A. Resolution 2003-027 Approving claims
6. NEW BUSINESS
THESE DRAFT MINUTES WERE DISTRIBUTED TO THE COUNCIL ON APRIL 15, 2003,
MINUTES APPROVED: May 20, 2003
LAKE ELMO SPECIAL CITY COUNCIL MINUTES
THURSDAY, MARCH 27, 2003
Mayor Hunt called the special meeting to order at 5:05 p.m. in the Council chambers.
PRESENT: Siedow, Dunn (arrived 5:10 p.m.), Hunt, Johnston, DeLapp, City
Planner/Acting Administrator Dillerud and City Attorney John Miller.
1. Consultant Interview — Fox Lawson
This agenda item was postponed until Tuesday, April 8, 2003.
2. Personnel Action Recommendation
Acting Administrator Dillerud reported he had recommended in a letter to the City
Council that Mike Buckles be fired. He said his recommendation to fire Buckles was
based on a series of insubordinate actions and other matters. The letter contained four
findings made by him in support of his recommendation for discharge.
Mayor Hunt indicated that Mike Buckles' attorney was advised that they would have
only 15-20 minutes to present their response and that the city would give Mike Buckles
and his attorney the option of rescheduling time for their response. Mr. Sivertson
declined the opportunity to raise Mr. Buckles' response.
Mr. Dillerud explained he found in Mike Buckles' personnel file an employee evaluation
that was prepared by Administrator Kueffner on September 23, 2002. In that evaluation
there were a number of references to conflicts that occurred in prior months, perhaps
years, between Mike Buckles and a number of supervisors he had. The flavor of the
evaluation was that Administrator Kueffner noted that neither of Mr. Buckles' previous
supervisors are willing to rate his performance over the past 2+ years for fear of
retribution, misunderstanding, or his perceived lack of understanding of the purpose of an
evaluation. Mike generally feels justified in his actions, which often times conflicts with
the opinion of his supervisors or the City Administrator. Mike has a tendency to
misunderstand a person's intention when speaking with him and gets very defensive
before the issue can be explained. Mike also has trouble following directions given him
by his supervisor. At times he is directed to perform a task a certain way, but will choose
to do it his own way. Mike needs improvement with his personal skills with co-workers,
superiors, supervisors, and the public. Complaints have been received from all of the
above, and these complaints have been passed onto Mike.
Mr. Dillerud indicated On December 190', the Council appointed him as Acting
Administrator. He thought he could expect a somewhat different circumstance with
regard to a relationship with Mr. Buckles and any supervisor.
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003
On February 13, 2003, Mr. Dillerud stated he received a written communication from
Acting Public Works Supervisor Mike Bouthilet regarding an incident taking place that
day involving the use of the computer at the public works building involving work
assignments. Mr. Bouthilet had reported to him that Mr. Buckles was both disrespectful
and had been insubordinate with respect to his response to Mike Bouthilet's direction.
On March 4, 2003, Mr. Dillerud stated he received a written communication from Acting
Public Works Supervisor Mike Bouthilet in respect to issues raised at the Public Works
garage involving schooling that Mr. Buckles had requested and had been denied for good
reasons. There were issues involving a tire and brakes on one of the city's trucks that had
involved Buckles having a conversation which he was both disrespectful and
insubordinate with direction given by Mike Bouthilet. Also On March 4, Mr. Dillerud
said he was approached in his office by Mr. Buckles regarding the issues of schooling
and was challenge by Mr. Buckles as to his decision on the timing of schooling he
requested to be taken. Dillerud said he had asked Mr. Buckles' supervisor as to whether
he thought it was in the best interest of the city for that schooling to be attended at this
point of time and season, and he advised it was not. Based on that advice, Mr. Dillerud
advised Mr. Buckles that he was not going to approve the schooling, but that he could
take schooling later in the year. Dillerud said he was challenged in his decision and felt
disrespected and Mike was insubordinate.
On March 12, 2003, Mr. Dillerud said he received a written communication both from
Mr. Buckles and Mr. Bouthilet in which the incident was described completely different.
This issue involved a plow route that was checked by Mr. Bouthilet as to whether it was
completed properly. Mr. Buckles took exception to the fact that his plow route was
inspected by his supervisor. Dillerud added that this was what he would expect Mr.
Bouthilet to do.
Mr. Dillerud provided the observation he has made over the four years he has been with
the City in that it appears that Mike Buckles has been supervised by Dan Olinger, Mike
Bouthilet, and Ms. Kueffner and recently by him. He sees evidence of those incidences
taking place with not one, but with four separate individuals. He finds it hard to believe
that all four individuals have a problem with Mr. Buckles that is personal, but that he is
not capable of supervision. Dillerud stated that four supervisors are enough.
Alf Sivertson, Mike Buckles' attorney, stated that Buckles' administrative leave and city
officials' upcoming attempt to terminate him underscores their attempt to silence him and
prevent the public from knowing what's going on. Mr. Buckles has brought a whistle
blower cause of action against the City which goes into great detail with respect to
reports of illegalities and improprieties within the City of Lake Elmo.
Mayor Hunt raised a point of order that the Council is here because of items raised by the
Acting Administrator and suggested action.
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003 2
Attorney Sivertson continued stating what Mr. Dillerud is doing is a further act of
retaliation against Mr. Buckles. This is a situation of a very responsible city employee
who has pointed out serious problems within the city. Instead of the City viewing these
problems, they are now trying to -silence the person that brought up the problems. What it
really comes down to is the question of credibility. Mary Kueffner is no longer working
as a City Administrator because she is incompetent supported by the study done reporting
serious deficiencies. Now, we have a situation with the acting administrator coming
before you asking for Mr. Buckles' termination. Mr. Sivertson said he was going to
challenge the credibility of Mr. Dillerud in his position in making that recommendation.
Mayor Hunt asked the City Attorney if this is a reasonable line of discussion concerning
what is on the table before us.
City Attorney Miller responded that he was not sure how the credibility of Mr. Dillerud
was going to be challenged. However, if the council is going to rely upon statements and
allegations set forth by Mr. Dillerud, that it may be acceptable if Mr. Sivertson wants to
use his 15 minutes to challenge the credibility of Mr. Dillerud.
Attorney Sivertson explained Mr. Dillerud comes before this body suggesting that Mr.
Buckles has acted inappropriately. Each one of those basis for that allegation can be
refuted. For example, the evaluation of Mr. Buckles by Ms. Kueffner was done after he
had reported improprieties in Lake Elmo. That was an action of retaliation. What Mr.
Dillerud hasn't pointed out to City Council is his own past. That past has to do with a
criminal background of involving sexual abuse of a minor and is a registered sex
offender. You have an acting city administrator attacking my client, and he has no
credibility to do this because he comes before the city and he has not disclosed his own
past and is working in location next to a grade school and a day care center.
City Attorney Miller stated that it is up to the council as to whether or not they want to
allow Mr. Sivertson to continue in that direction. Mayor Hunt stated that he has heard
Mr. Dillerud stated there were four separate supervisors that have had negative
comments. Mayor Hunt said that he did not know if Mr. Sivertson was doing his client
any good because clearly these issues are being addressed and have documentation.
Attorney Sivertson said you have to look at the motivating force behind each allegation.
The four supervisors that Mr. Dillerud is suggesting were having problems with Buckles
were directly involved in some of the illegalities.... Mike Bouthilet smoking marijuana
on city premises, the administrator of the maintenance dept. allowing city equipment
being utilized by people who are not city employees, utilized equipment by himself,
instructing employees to hide hazardous material so inspectors could not find it, and
numerous examples of illegalities in the City.
Mayor Hunt asked Mr. Sivertson if he was raising the above allegations asking the city
that they have been proven. Attorney Sivertson responded that obviously the whistle
blower action is ongoing. Mayor Hunt cautioned that slander is something that even can
occur at a public meeting such as this. If you are saying that someone is guilty of
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003
something, and there is nothing that can prove it, it is slanderous. Attorney Sivertson said
what he is doing is making the allegation as alleged in the complaint. The motion before
you is to terminate my client. There is no credibility backing up that recommendation. It
is another act of retaliation. And then you look at the background of Mr. Dillerud and his
investigation of the e-mail from Mr. Bouthilet, there is no credibility because he himself
is not forthright. Mayor Hunt explained there is nothing on the table concerning an e-
mail. Mr. Sivertson said this is one of the bases for Dillerud terminating his client is the
alleged confrontation between Buckles and Bouthilet with Mike Bouthilet sending an e-
mail to Buckles that is threatening. Mr. Sivertson said the City should have the
documentation of allegations here and handed out info.
Mayor Hunt stated as requested we have heard from Mr. Buckles attorney concerning this
action and asked what the city attorneys recommendation for any action from the council.
City Attorney Miller stated at this point Mr. Buckles has responded in respect to the items
and that the Council should entertain a motion whether to accept or reject the
recommendation of the Acting Administrator based on Findings of Fact laid out to
support action by the Acting City Administrator based on the documentation and
comments he has provided.
M/S/P Dunn/Johnston — for the City to permanently terminate Michael Buckles from City
Employment effective at the close of business on March 28, 2003, as recommended by
the Acting City Administrator and the findings of fact incorporated by the memo from
Mr. Dillerud dated March 20, 2003 and based on the documentation and comments of the
Acting City Administrator provided at the March 27, 2003 meeting. (Motion passed 5-0).
Mike Buckles thanked the Council for the opportunity to serve the city and handed in his
keys.
3. Madden Report/Administrator Kueffner
According to the Acting Administrator, Ms. Kueffner had requested a hearing, was
notified of this meeting, but she was not in attendance. Mayor Hunt noted the Council
expects to receive the Madden Report by April 15 and asked the Council if it would like
to continue Ms. Kueffner's paid leave of absence until the Madden Report has been
received or until she can make alternate arrangements for her Hearing.
Council member DeLapp explained the fact that Ms. Kueffner chose not to respond, that
this issue has nothing to do with her termination, and he would approve the termination
date of March 28tn
Council member Dunn wanted to reinstate Mary Iueffner as a full time employee of
Lake Elmo, perhaps as a Special Projects Coordinator, because she is a valued asset to
the city and really cares about the city.
MIS Dunn/Johnston - to immediately reinstate Mary Kueffner as a full time employee as
a Special Projects coordinator at the present salary
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003 4
Council member Siedow said he would stand by the termination of Ms. Kueffner as City
Administrator. He said the way it came about by a special meeting called by the
Prosecuting attorney still disturbs him. He said the Council did not terminate Ms.
Kueffner because of her job performance, but because of criminal wrongdoing which was
what the meeting was called for. He said he didn't feel Ms. Kueffner should be working
for the City as a City Administrator or for that salary. He would support her coming to
work for the City, but in a different capacity with a drafted job description and a
comparable salary. Also, the Council has not come up with a termination package
Council member DeLapp stated we have a good staff that is working well under the
circumstances, and he didn't want them thrown into chaos.
Mayor Hunt said he would not support the motion because Ms. Kueffner is not here, that
she has the right to address the Council, and should be given that opportunity.
Council member Johnston explained he believed that Mary Kueffner has done a lot for
the city in the past 19 years. He said he has watched over the past years Mr. DeLapp
repeatedly trying to get Mary fired. He said he has watched Mr. DeLapp try to avert the
hiring process for his own political purposes with the finance director. He said that Mr.
DeLapp was receiving input on a regular basis from the finance director and only
reported rumors and innuendoes to the public and to the City Council. In his view,
Council member Johnston stated there is a long term, well established pattern by Mr.
DeLapp to terminate Ms. Kueffner despite her good performance. The meeting on
December 19u was called to discuss an ongoing criminal investigation. That criminal
investigation has always been referred to as a personnel investigation. The meeting was
called as an emergency meeting, and he thinks there is serious question as to the
justification for that being an emergency closed meeting. There have been a number of
statements that Ms. Kueffner was let go because of her performance, but based on the
council minutes and Mr. Siedow's comments, it was a result of this criminal
investigation. Council member Johnston said he thought this was wrong and Ms.
Kueffner should continue to serve in the city in another capacity.
Council member DeLapp responded that he is one Council member that supports the
comprehensive plan, as he is required to do, and encourages people to invite change if it
is appropriate for the benefit of the city. He said he has serious doubts of Mr. Johnston's
willingness to work on behalf of the City.
Council member Dunn said she is the one that came up with the special projects term
based on things Mary could work on, such as the code recodifrcation, she was extremely
well organized for the Environmental Committee and was a champion of starting
recycling program in Lake Elmo and is knowledgeable of the workings and background
of the City.
M/S/F Dunn/Johnston — to call the question. (Motion failed 2-3)
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003
Mayor Hunt advised the Council they were not giving a performance evaluation of an
individual because that individual has the right to be here. Hunt said Ms. Kueffner has
asked for a hearing, which was scheduled for tonight, and should be able to pick an
alternate time. He said at this time he was not prepared to bring back Mary Kueffner and
his reasons for her discharge has not changed.
M/S/F Dunn/Johnston - to immediately reinstate Mary Kueffner as a full time employee
as a Special Projects coordinator at the present salary. (Motion failed 2-3:Siedow, Hunt,
DeLapp)
Council member Siedow suggested extending Ms. Kueffner's Paid Leave of Absence and
offer her a termination package.
M/S/P Johnston/Dunn — to extend Mary Kueffner's Paid Leave of Absence to one week
beyond when the Madden report is received, but no later than April 161h. (Motion passed
5-0)
Mayor Hunt read a letter from Gary and Margaret Carlson in support for Mary Kueffner's
reinstatement as City Administrator.
M/S/P Siedow/Dunn — to direct the city attorney to discuss with Mary Kueffner a
separation package or discuss with her the option as to her interest in a position with the
City other than City Administrator and to invite her to the April 151 meeting to discuss the
possible options raised. (Motion passed 5-0).
Acting Administrator Dillerud asked that Ms. Kueffner may like this date as her hearing
which he will relate to her.
Council member DeLapp stated although he supports the termination of the two
employees who filed whistle blower lawsuits against Lake Elmo, he is not sure that some
of the issues raised by these employees are not true. He said he has talked to staff
members and they are not excited about this prospect of Ms. Kueffner coming back to
work and is concerned about loosing good people.
4. RECO — Request for Extension of Preliminary Plat Approval
Acting Administrator Dillerud distributed a letter to the Council from Mr. Regan's
attorney, Christopher Dietzen, regarding Reco's request for extension to apply for Final
Plat approval. Attorney Dietzen indicated because the ordinance relied upon by the City
is invalid; he demands that Reco's requested extension be granted as required by law. He
states that City staff contends that if Reco does not apply for final plat approval April 1,
2002, preliminary plat approval was granted on October 1, 2002, its preliminary plat will
be void. City staff further states that the City may then rezone the property to prevent
Reco's development. Attorney Dietzen believes the city's ordinance conflicts with and is
contrary to Minnesota's statute governing subdivision platting.
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003
City Attorney Miller advised that the Minnesota's statute governing subdivision platting
doesn't preempt the city ordinance as it relates to procedural requirements. The City is
not obligated to approve the request for preliminary plat extension.
Council member Johnston said he supported the extension last time because the applicant
stated he was going to find applications that were attractive to the city. Because the
market was soft, they felt it was going to take time to do that. He would be in favor of an
extension.
Council member Siedow stated he would be in favor of an extension because he thought
this would be in the best interest of our Lake Elmo residents.
Council member DeLapp stated based on what is being talked about is not in the best
interest of the residents because it ends up down there for the next 500 years. He felt he
was placed in a reluctant position to approve a preliminary plat based on mixed use. The
only benefit is the applicants may have to have the tax rate substantially lowered by not
platting and recorded _
At this time Council member Dunn had to leave the room, but requested to be notified
when the Council would vote.
M/Second/ Johnston/Siedow - to approve an extension of 90 days.
Pat Regan, Reco Real Estate, explained they came here in the first place because the
comprehensive plan was being changed and our land zoning was being changed which
in00 their view downgraded the value of their property. He said they would have been
happy to sit on the land until such time sewer and water became available. After we filed
the preliminary plat, he said we were advised by our attorney we had a year in which to
file the Final Plat. He said when we made a request for an extension, we were basically
asking for a clarification between the City attorney and our attorney. Since we filed the
Preliminary Plat we have given up 6 months of our marketing opportunity until that issue
between the City and the Met Council is settled. The I-94 corridor that is driving by is
their market area.
Mr. Regan reported they asked to erect a sign and was told a sign could not be erected
until we have a Final Plat application and so we cannot market the property. He said
they will not sit back and quietly be accused of what our motivations are from this
Council. Regan added that this has been a continuous dialogue and accusations as to
what our motivations are on a personal level. He said his tax implication has nothing to
do with what we have done here, and we have never been treated this way.
Council member Siedow apologized for the way they felt they have been treated by the
Council.
M/S Siedow/Johnston - to amend the motion to change the extension of the Preliminary
Plant for 6 months
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003
Mr. Dillerud said he spoke with Katie regarding signs, and he did not say they could not
have a sign. They could not have a sign offering lots for sale until the final plat is filed
because you do not have lots until the Final Plat is filed. He stated Reco can have a sign
offering the land for sale.
Council member DeLapp responded the distortion he hears needs to be commented on.
What he said was because this land is not in Final Plat it has serious tax implications
which may or may not be an interest in the property owner. It is an issue about money.
The Mayor had talked about an office park in this area. DeLapp voiced his concern that
the ordinance that we have in place for Commercial, General Business, is not an office
park. It is a mixture of a large number of things that could range from the high end of
office park to a low end of variety of things. He wanted to have some level of what the
target market would be. DeLapp stated he is insulted by Mr. Regan's comments.
M/S/F Siedow/Johnston — to extend the Preliminary Plat for six months. (Motion failed
2-3DeLapp, Hunt, Dunn)
M/S/P Siedow/Johnston - to approve the Reco request for extension to apply for Final
Plat approval for three months. (Motion passed 3-2:DeLapp Dunn).
4. Update on the Met Council
The Acting Administrator reported he talked to Tom Weaver and wherein Met Council
Chairman Bell would like to go along with the waiver of the 30 day period during which
they have to act, their legal council is still hesitant. Their concern is we may not get done
in time for us to be able to put off our presentation to the Met Council Board next
Wednesday. They will give us an hour to make our case. He asked if the Council wanted
to meet between now and Wednesday, April 9th, to talk to the attorneys on what should
be said to the Met Council Board on Wednesday. The Council did not see a need to meet
with their attorneys, but would leave it up to the Mayor and Acting Administrator to
present the city's case on April 9m
The meeting was adjourned.
Respectfully submitted by Sharon Lumby, Deputy Clerk
LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003