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CITY OF MOUNDS VIEW
WORK SESSION AGENDA
MONDAY, AUGUST 6, 2001
6:00 p.m.
CALL TO ORDER
ROLL CALL: Sonterre, Quick, Stigney, Marty, Thomas
________ 1. Update Regarding the County Road H2/Woodale Drive Residential
Infill Development (Report will be delivered separately.) – Aaron
Parrish
________ 2. Discuss and Amend Minutes for the June 4, 2001 (continued to June
6) Special City Council Meeting (copy attached, as they appeared
in the June16, 2001 Council Packet—Kathleen Miller
________ 3. Update and Options Regarding the Tax-Forfeited Golf Course
Properties – Jim Ericson
________ 4. Communication/television Options and Discussion—Kathleen Miller
and Pat Toth
ADJOURN
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
June 4, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
5:10 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
City Attorney Riggs explained that the City needed some additional time to collect
documentation.
MOTION/SECOND: Quick/Thomas. To Continue the Meeting to June 6, 2001, at 7:00 p.m.
Ayes – 4 Nays – 1 (Marty) Motion carried
3. ADJOURNMENT
Mayor Sonterre adjourned the meeting at 5:30 p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
June 6, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:10 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
Mayor Sonterre noted that this meeting was continued from Monday night.
Council Member Marty inquired as to whether this was an official meeting of the Mounds View
City Council continued from Monday, June 4, 2001.
City Attorney Riggs indicated that Council Member Marty was correct.
Council Member Marty inquired as to why there was no recording secretary, court reporter,
stenographer or video recording of the meeting on June 4, 2001, by which to produce minutes as
required by City Code.
City Attorney Riggs indicated that the only information legally required for the minutes is the
information indicating that Council recessed until today’s meeting. He then noted that the City
Administrator will produce minutes from the meeting held on June 4, 2001 for approval at the
next Council Meeting.
Council Member Marty noted that he feels the City is in violation of its own code Section 105.4,
Subd. 7(b) governing the information to be contained in the minutes of Council Meetings. He
then asked for a full explanation as to why the meeting was not properly recorded.
MOTION/SECOND: Marty. To Turn all of the Information Concerning the Issues That Are
Facing Council At This Meeting Over to an Independent Third Party For a Full and Complete
Investigation.
The Motion died for lack of a second.
City Attorney Riggs reiterated that the City is not required to record meetings and noted that the
City Clerk Administrator would provide minutes for approval at the next Council Meeting.
Mounds View City Council June 6, 2001
Special Meeting Page 2
Council Member Marty noted that, by making wrong judgments or premature decisions, the City
may, in fact, cost the taxpayers tens or hundreds of thousands of dollars. He then noted, as
presented in the media, that the defendants have asked for an independent investigation rather
than resorting to handling the matter in the court system.
3. APPROVAL OF AGENDA
A. Wednesday, June 6, 2001 City Council Agenda.
City Attorney Riggs requested that Council Business Item 6C be moved to Item 6A and that
Items 6A and B be renumbered to 6B and 6C.
MOTION/SECOND: Quick/Thomas. To Move Council Business Item 6C to Item 6A and
Renumber the other Items to 6B and 6C.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Quick/Stigney. To Approve the June 6, 2001, City Council Agenda as
amended.
Ayes - 5 Nays – 0 Motion carried.
4. UNFINISHED BUSINESS
None.
5. CONSENT AGENDA
None.
6. COUNCIL BUSINESS
A. Closed Session to discuss pending litigation.
City Attorney Riggs indicated that the closed session would be to discuss information received
from legal counsel for the two individuals involved in the matters before Council this evening.
The City Council recessed to the closed session at 7:16 p.m.
The City Council reconvened at 7:55 p.m.
Mayor Sonterre indicated a request had been received for a recess to review protected personnel
information of a non-public nature and noted that Council would declare a recess not to exceed
the time of 8:15 p.m.
Mounds View City Council June 6, 2001
Special Meeting Page 3
City Attorney Riggs indicated there had been a request from a couple of the Council Members to
be allowed to review documentation that is non-public personnel data.
The City Council recessed at 7:58 p.m.
The City Council reconvened at 8:17 p.m.
B. Personnel Issues. Preliminary Consideration of Allegations or Charges
against an Individual Subject to City Authority.
City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was
required to close the session to evaluate and impose discipline. He noted he had received a
request from legal counsel for the individual against whom the charges are alleged that requested
the issue be handled in an open session rather than a closed session. He then asked Bruce Kessel
if he still wished the matter to be handled in an open session.
Mr. Kessel indicated that he did wish the matter to be heard in an open session.
City Attorney Riggs reviewed the procedure that would be followed indicating that the
allegations were distributed to Mr. Kessel on May 31, 2001 in a letter dated May 30, 2001. He
then indicated that the City Administrator would provide a summary recommendation to Council
based on the allegations.
City Attorney Riggs noted that Mr. Kessel would be given an opportunity to respond to the
allegations contained in the May 30, 2001 letter and the summary recommendation of the City
Administrator. City Attorney Riggs indicated that the due process right of Mr. Kessel was to
respond to the allegations contained in the May 30, 2001 letter and the summary
recommendation of the City Administrator and explained that anything else should not be
discussed.
City Attorney Riggs indicated he had received notice from legal counsel for Mr. Kessel
indicating Mr. Kessel would not be responding but noted that Council needed to offer the right to
respond to Mr. Kessel.
City Administrator Miller read a summary recommendation that recommended termination of the
employment of Bruce Kessel effective June 7, 2001.
City Attorney Riggs asked whether Mr. Kessel wished to respond to the allegations contained in
the May 30, 2001 letter or the summary recommendation of City Administrator Miller.
Mr. Kessel indicated that he did wish to respond and then began to read a letter from his legal
counsel that had been previously sent to City Attorney Riggs.
City Attorney Riggs interrupted Mr. Kessel and indicated he would not recommend reading the
letter as there were items contained in the letter that could be considered privileged and subject to
Mounds View City Council June 6, 2001
Special Meeting Page 4
litigation. He then asked Council if they wished to accept the letter into evidence and advised
Council that the letter has threatened litigation against the City and advised Council not to make
any comments concerning the letter.
City Attorney Riggs noted that Mr. Kessel could read the letter if he wished but noted the second
to the last paragraph of the letter was inflammatory and asked that it not be read. He then noted
that he had sent a letter to Mr. Kessel’s legal counsel to refute the information contained in the
letter and had not received a response back from her.
Mr. Kessel finished reading the letter. Mr. Kessel then noted that the letter had stated that the
meeting should be open, taped and televised and asked whether the investigation conducted by
the City was completed.
City Administrator Miller indicated there was a review of Mr. Kessel’s performance and that was
completed.
Mr. Kessel asked when the review was conducted.
City Administrator Miller indicated that a review is an ongoing process and noted that she and
Mr. Kessel had discussed his performance numerous times. She then noted that the supporting
documentation had been put together after the review.
Mr. Kessel asked for a copy of his review.
City Administrator Miller explained that the review was his letter of suspension.
Mr. Kessel asked who the witnesses to the investigation were.
City Administrator Miller indicated there was no investigation or witnesses as it was a personnel
review.
Mr. Kessel asked if City Administrator Miller had questioned him, the auditor or his Staff
concerning the matter.
City Administrator Miller indicated she had discussed the matter with the auditor.
Mr. Kessel asked when the discussion with the auditor took place.
City Attorney Riggs indicated the official record remains with the City Clerk Administrator and
noted Council had a summary of the charges. He then noted that he had not received a response
from Mr. Kessel’s legal counsel to his letter sent in response to the letter Mr. Kessel read a loud
to Council.
Mr. Kessel asked when the response was sent to his legal counsel.
Mounds View City Council June 6, 2001
Special Meeting Page 5
City Attorney Riggs indicated that Mr. Kessel had been notified of the allegations with a letter
dated May 30, 2001 received on May 31, 2001 and noted that there had been no change at all in
those allegations. He then noted that the only information that had been obtained is supporting
documentation for those allegations.
Mr. Kessel asked for a copy of the summary recommendation.
City Attorney Riggs indicated Mr. Kessel was entitled to a copy but noted that he could not give
him a copy as Mr. Kessel is represented by legal counsel. He then noted that City Administrator
Miller could provide a copy to him. He further noted that in his correspondence to Mr. Kessel’s
legal counsel he had offered to provide a copy of the summary recommendation.
Mr. Kessel asked if there were supporting documents.
City Attorney Riggs indicated there were supporting documents.
Mr. Kessel asked when those documents were provided to Council.
City Administrator Riggs indicated the documents were provided to Council just before the
meeting started, approximately between 6:30 p.m. and 7:00 p.m.
Mr. Kessel stated he would support and cooperate with a third-party investigation and then said
he feels he would be exonerated by the investigation.
City Attorney Riggs noted that he had responded to counsel for the defendants and noted that his
response was sent between 4:30 p.m. and 5:00 p.m. He noted his response does contradict the
positions raised by Mr. Kessel’s legal counsel in the letter and does directly site language from
the May 30, 2001 letter which is in error in the letter from Mr. Kessel’s counsel but correct in his
letter to her.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 2001-
5700, a Resolution Terminating the Employment of Bruce Kessel as Finance Director for the
City of Mounds View Effective June 7, 2001.
City Attorney Riggs noted the Resolution would require a revision as the Resolution was drafted
based on the statement from Mr. Kessel’s legal counsel that he would not be responding to the
allegations or the summary recommendation.
Mr. Kessel asked if he could make a comment.
City Attorney Riggs indicated that Mr. Kessel’s due process right was closed but allowed him to
make his comment.
Mounds View City Council June 6, 2001
Special Meeting Page 6
Mr. Kessel stated that, if his attorney were present at the meeting, there would be a more
complete response and then stated that he was advised by City Attorney Riggs that no action
would be taken at this meeting.
City Attorney Riggs indicated that he had never indicated to Mr. Kessel that no action would be
taken at this meeting as that is not something he could advise.
Mr. Kessel indicated he was not sure if his legal counsel responded or would have had time to
respond to the letter sent by City Attorney Riggs between 4:30 p.m. and 5:00 p.m. and indicated
that it would be nice to keep the matter out of the court system.
Council Member Thomas suggested a friendly amendment to the motion to omit the word “not”
on Page 2, Line 1
Council Member Quick accepted the friendly amendment and Council Member Thomas
seconded the motion.
City Attorney Riggs indicated there must be unanimous consent of Council to waive the reading
or it must be read.
Mayor Sonterre asked if there was consent to waive the reading.
Council asked that City Administrator Miller read Resolution 2001-5700.
City Administrator Miller read Resolution 2001-5700 for the record.
Council Member Marty stated that he felt there should be an independent investigation into the
matter.
Ayes – 4 Nays – 1(Marty). Motion carried.
Mayor Sonterre noted there had been a request for a recess to discuss Item 6C and noted the
recess would be limited to 9:05 p.m.
The City Council recessed at 8:45 p.m.
The City Council reconvened at 9:13 p.m.
C. Personnel Issues. Preliminary Consideration of Allegations or Charges
against an Individual Subject to City Authority.
City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was
required to close the session to evaluate and impose discipline. He noted he had received a
request from legal counsel for the individual against whom the charges are alleged that requested
Mounds View City Council June 6, 2001
Special Meeting Page 7
the issue be handled in an open session rather than a closed session. He then asked Mr.
Hammerschmidt if he still wished the matter to be handled in an open session.
Mr. Hammerschmidt indicated he wished the matter to be handled in an open session.
City Attorney Riggs indicated that the process would be the same for Mr. Hammerschmidt and
indicated that he had received a letter from Mr. Hammerschmidt’s legal counsel indicating that
Mr. Hammerschmidt would not be responding to the allegations against him.
City Attorney Riggs indicated that Mr. Hammerschmidt would be provided with an opportunity
to respond to the allegations contained in the May 30, 2001 letter received by Mr.
Hammerschmidt on May 31, 2001 and to the summary recommendation of the City
Administrator.
City Administrator Miller read a summary recommendation that recommended termination of the
employment agreement and termination of Mr. Hammerschmidt’s employment with the City
effective thirty (30) days after notice is provided to Mr. Hammerschmidt.
City Attorney Riggs indicated that Council needed to offer Mr. Hammerschmidt his due process
right to a direct response to the allegations contained in the May 30, 2001 letter and the summary
recommendation of City Administrator Miller.
Mr. Hammerschmidt indicated he would not read the letter from his legal counsel as Mr. Kessel
had previously done so.
City Attorney Riggs asked if Mr. Hammerschmidt would like the letter entered into record by
Council.
Mr. Hammerschmidt indicated that he would like the letter entered into record.
Mr. Hammerschmidt then noted he would read the paragraph not read by Mr. Kessel.
City Attorney Riggs indicated that, if Mr. Hammerschmidt read the paragraph of the letter, his
due process would end and he would not be allowed further comment.
Mr. Hammerschmidt then asked for a copy of the charges.
City Attorney Riggs noted that Mr. Hammerschmidt had received a copy of the charges and
noted, if Mr. Hammerschmidt wished to have a copy of the charges, a copy could be provided to
him but stated that Council would need to recess to make a copy for him.
Mr. Hammerschmidt indicated he had a copy but did not bring it with him and then withdrew his
request for a copy. He then asked City Administrator Miller to read the allegation in the
summary recommendation that indicated he had not taken care of the golf course.
Mounds View City Council June 6, 2001
Special Meeting Page 8
City Administrator Miller re-read the allegation Mr. Hammerschmidt had requested.
Mr. Hammerschmidt asked if there would be any facts presented with the charges.
City Attorney Riggs noted that Mr. Hammerschmidt had the right to respond to the allegations
only.
Mr. Hammerschmidt inquired as to whether an investigation was conducted.
City Attorney Riggs indicated that Mr. Hammerschmidt could address Council but noted that
Council did not need to answer questions.
Mr. Hammerschmidt indicated that Mr. Kessel had asked the same question and his question was
not answered completely. He then inquired as to whether the charges were presented to Council
at a 6:30 p.m. meeting.
City Attorney Riggs indicated there had been no Council meeting until this meeting which started
at 7:10 p.m.
Mr. Hammerschmidt indicated that he was under the impression that reams of material would be
given to him along with additional charges at this meeting and noted that his attorney did not
want to respond to the charges until all of the information had been received. He then noted he
was at the meeting Monday night to defend the charges and noted there were no additional
charges at this meeting.
Mr. Hammerschmidt indicated that he feels that it belies any common sense that the Council and
the City would not want to clean this mess up with a third-party investigation rather than
litigation. He then noted that both he and Mr. Kessel have asked for an independent
investigation and feel that it would save the taxpayers of the City money rather than paying
attorney’s fees.
Mr. Hammerschmidt thanked the people of Mounds View who have supported him and Mr.
Kessel and told the audience that he feels he has done “a hell of a job at the Bridges” and that
Mr. Kessel did “a hell of a job” as Finance Director. He then stated that he feels he and Mr.
Kessel are being railroaded out of the City.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 2001-
5701, a Resolution Terminating the Employment Contract and Employment of Mr.
Hammerschmidt Effective Thirty (30) Days from the Date of the Resolution.
Mayor Sonterre inquired if it was the consent of Council to waive the reading.
Council Member Marty indicated he would like the Resolution read.
Mounds View City Council June 6, 2001
Special Meeting Page 9
City Administrator Miller read Resolution 2001-5701 for the record.
Council Member Marty stated he is still curious as to why Mr. Hammerschmidt’s grievance to
the letter of reprimand was not answered. He then noted that he would like a third-party
investigation into the matter and stated he has questions concerning some of the allegations and
would like to receive verification of the allegations.
Council Member Stigney commented that he thought the recess was given to allow Council to
review documents supporting the allegations.
Council Member Marty indicated he had asked for verification and received verbal verification
but stated he would like to see actual numbers or spreadsheets. He then noted he also had other
requests for verification he would like to receive.
Ayes – 4 Nays – 1(Marty) Motion carried.
7. SPECIAL ORDER OF BUSINESS
None.
8. REPORTS
None.
9. APPROVAL OF MINUTES
None.
10. Next Council Work Session: Monday, July 2, 2001
Next Council Meeting: Monday, June 11, 2001
11. ADJOURNMENT
Mayor Sonterre adjourned the meeting at 9:35 p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
M:\MasterFiles\1999 thru 2010\2001\City Council\Work Session Packets\08-06-2001 W.S\Item 02--Discuss, Amend 06-04-01, 06-06-01 Council Minutes--Kathleen Miller.doc
Item No. 2
Type of Business: WS
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kathleen Miller, City Administrator
Item Title/Subject: Discuss and Amend June 4 (continued to June 6), 2001
City Council Minutes
Date of Report: August 6, 2001
Background
The Mounds View City Council has on several occasions tabled the June 4-6, 2001
Special City Council Meeting minutes. At the June 11, 2001 City Council Meeting Council
Member Marty suggested that he submit videotape taken at the June 4th portion of the
meeting for the Recording Secretary use in completing these minutes. The City Council
concurred. Since that time it has come to my attention that the videotape is not audible.
I have attached the minutes, as they originally appeared in the June 11th packet. Please
review these prior to the Work Session and bring your suggested changes. Hopefully
some consensus could be reached regarding these minutes. In the essence of saving
time at the regularly scheduled City Council Meeting the City Attorney and I decided this
might be the best way to resolve the finalization of these minutes. Final approval will take
place at the following City Council Meeting.
At the June 11, 2001 City Council Meeting Council Member Marty suggested that he
submit a videotape of the June 6th portion of the meeting. The City Council concurred.
Since that time it has come to my attention that the videotape is not audible. I have had
discussions with the City Attorney regarding this matter. The minutes have been changed
since the June 11th submittal. The City Attorney has advised that all changes to the
minutes must be made with the other members present.
Recommendation:
Review the attached minutes of the June 4-6, 2001 Special City Council Meeting and
discuss any suggested changes at the Work Session so final approval can take place at
the August 13, 2001 City Council Meeting.
Respectfully Submitted,
___________________________
Kathleen F. Miller
City Administrator
M:\MasterFiles\1999 thru 2010\2001\City Council\Work Session Packets\08-06-2001 W.S\Item 02--Discuss, Amend 06-04-01, 06-06-01 Council Minutes--Kathleen Miller.doc
From: Patrick Toth [patt@rcmnet.org]
Sent: Tuesday, July 31, 2001 12:13 PM
To: Miller, Kathleen
Subject: Communication/television dept. opinions and suggestions
Kathleen,
Here's the brief listing you requested of my opinions and suggestions regarding the current situation with city communications and the
cable television department. As we will be discussing this and other areas of interest at the August 6th work session, feel to respond
and offer your thoughts before hand, if you wish.
Members of the M.V. Cable Committee will be attending the work session next Monday. Their knowledge and guidance has been an
indispensable asset over the years and it's my hope that their opinions and concerns will be a valued commodity at the discussion.
I feel that the city has four directions to take:
The establishment of an administrative communication department, combining the city's communication and media
resources and services; television, website/email, phone system, press liaison. The creation of this department would
promote efficiency and streamline project management and decisions. Given the fact the communication continues to evolve
and play a major role in city business and with the citizens, the idea of forming a communication department within the city's
infrastructure is not only becoming very common with other municipalities, but is a wise, long-term solution for future goals and
productivity of Mounds View. There are three areas to examine closely with this option. 1. Budgetary matters and funding.
For example, would the current franchise fees that fund the cable department be pooled with a other sources to form a new
department budget or would they remain seperate? 2. Staffing. Would others be hired or kept on to assist (ex., part-time
television production assistants) the department head with his or her responsibilities? 3. Responsibilities. Combining
communication efforts under one roof would shift some current responsibilities to the new department. The possibility also
exists that some responsibilities would remain with staff but under a new supervisory role. Would this changes and alterations
to the staff infrastructure be accepted?
The options below maintain that the cable department would remain as it is now, a seperate entity.
Continuation of a part-time television coordinator with production assistance. This option would be a continuation of
what exists in the cable television department as of now. It would remain functionary under the finance department with funding
from cable franchise fees. All responsibilities would remain the same and part-time/on-call, free-lance production staff would
continue to assist.
Establishment of a part-time television coordinator without production assistance. This alteration of the current position
would lower the overall responsibilities and functions within the department. The main responsibility of the part-time employee
would the recording, playback scheduling and monitoring of city meetings. Less emphasis would be cast on city and community
programming. Administrative duties would also be lessened. This individual would direct most of the city meetings, relying on
on-call help only when necessary. This would mainly be an evening position, keeping two to five hours a week open for light
administrative tasks. This option, minimizing the department as a whole, could be utilized for a short time while larger, future
objectives are developed.
Establishment of a full-time television coordinator without production assistance. This option is the opposite from the
one above. In establishing this, the television coordinator would move from a part-time to a full-time position, combining
administrative and all television production duties, thus eliminating the need for a night-time city meeting director (although an
on-call, free-lance assistant would be necessary). The coordinator would have to be flexible, working a.m. and p.m. hours as
well as alone. He or she would direct most, if not all of the city meetings. City productions and projects would also be given a
high priority, as well as attention to all the administrative duties that would support a proactive department.
Patrick Toth
Television Production Coordinator
City of Mounds View
(763) 717-4045
(763) 784-3462 fax
pat.toth@ci.mounds-view.mn.us
http://www.ci.mounds-view.mn.us/