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HomeMy WebLinkAboutMinutes - 1990/08/27i ,. ~~ l y ~ ~~~~ 1 ~' `~ PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting `•~ "'~ ~'~ ,F,,~ ~~~,;August 27, 1990 ~. Mounds View City Hall ~~, 1 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called 1. Called to to order by Mayor Hankner at 7:04 PM on Order Monday, August 27, 1990. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Wuori Quick, Blanchard, Paone and Mayor Hankner. ALSO PRESENT: City Attorney Rarney, Acting Clerk-Administrator Minetor Motion/Second: Paone/Wuori to approve the August 6th, 1990 minutes as presented. 5 ayes 0 nays Motion/Second: Wuori/Quick to approve the August 13, 1990. minutes as amended. 5 ayes 0 nays Mayor Hankner closed the regular meeting and opened the first public hearing at 7:08 PM. Acting Clerk-Administrator Minetor reviewed the proposed liquor license fee increases for intoxicating liquor. Ed Donatelle, Donatelle's Supper Club commented on the fact that his property taxes have increased but his volume of liquor sales has decreased over the past four or five years. His primary. business is food not liquor sales. Z. Pledge of Allegiance 3. Roll Call 4. Approval . of Minutes: Aug. 6, 1990 Motion Carried August 13, 1990 Motion Carried 5. No special Council business 6. Public Hearing: Considera- tion of Proposed Increase In Intoxi- cating Liquor License Fees Russell Pahl, 7940 Greenfield, agreed with Mr. Donatelle. He stated that these increases --~ Mounds View City Council August 27, 1990 Regular Meeting Page Two ------------------------------------------------------------- will put business out of business. Why is the fee being increased? Why do the revenues have to be higher? Councilmember Wuori questioned why the increase had to happen at this time? Acting Clerk-Administrator Minetor advised that staff has reviewed the process of issuing licenses and determined that we are in a situation where costs to the City are higher including paperwork, compliance with state laws and law enforcement with regards to the establishments. Councilmember Paone stated he felt revenues were down and with the new DWI laws people were entertaining at home rather than going out to the liquor establishments. Mayor Hankner again explained the increase was due to higher administrative costs, stringent state law compliance and law • enforcement with regard to these establishments. There being no further questions Mayor Hankner closed the public hearing at 7:12 PM and reopened. the regular meeting at 7:19 pm. Motion/Second: Wuori/Quick to approve increase in intoxicating liquor license fees. 4 ayes 1 nay Motion Carried Mayor Hankner closed the regular meeting at 7. Public Hrg: 7:20 P.M. and opened the second public hearing 2201 Bronson at ?:21 P.M. Request for Wetland Alt. Acting Clerk-Administrator Minetor reviewed Permit the request of the applicant for a wetland alteration permit to allow construction of a deck in a wetland buffer zone. Motion/Second: Quick/Paone to approve Resolution No. 3077 approving a wetland alteration permit for JoAnn Perry to construct a deck in a wetland buffer zone, 2201 Bronson Drive and waive the reading. 5 ayes 0 nays Motion Carried ~~ ~~ Mounds View City Council August 27, 1990 Regular Meeting Page Three Mayor Hankner closed the public hearing at 7:22 P.M. and opened the regular meeting. - Mayor Hankner closed the regular meeting 8. Public Hrg: 7:23 P.M. and opened the next public Request hearing at 7:23 P.M. for Wetland Acting Clerk-Administrator Minetor p,]_t, reviewed the request by Ramsey County Permit by for a Wetland Alteration Permit for Ramsey Cty Ramsey County for Fill Slopes in a Wetland District Curtis Pratt and Wayne Leonard here to answer any questions. No discussion followed by the City. Mayor Hankner closed the public hearing (.~ at 7:25 P.M. ~'"`~ Motion/Second: Blanchard/Paone to a rove Resolution No. 3078 Approving a Wetland Alteration Permit for Ramsey County for Roadway Fill Slopes in a Wetland District contingent upon receiving a permit from the Department of Natural Resources. 5 ayes 0 nays Motion Carried Mr. Duane McCarty, 8060 Long Lake Road, 9. Residents .read a prepared statement in response to Requests statements made at the August 13, 1990 and Regular Council Meeting. Statement is Comments attached and made a permanent part of from the this record. This statement was read Floor verbatum. The statement contains questions that Mr. McCarty is requesting answers to by the City Council. See attached statement. A portion of the statement read by Mr. McCarty refers to the Highway ,~ ~ 610 project and another portion ~ relates to the resignation of Clerk-Administrator Donald Pauley. Mounds View City Council August 27, 1990 ~~ Regular Meeting Page Four Mayor Hankner stated she would respond to some of the questions at this time. In reference to Highway 10-610 she stated that there were no formal documents by any City Council in this City in the hands of Mn DOT that give formal approval to the Mn DOT project. In regards to Mr. Pauley~s resignation Mayor Hankner stood by comments made August 13. She stated the Council relied on expert advice of three attornies. Mr. Jerry Linke, 2319 Knoll Drive stated with reference to Highway 610 that no formal approval was given to Mn DOT documents because these documents were preliminary and you do not give approval to preliminary documents. (`~ He further stated that formal approval `~"" was not needed nor required. Mayor Hankner stated that MnDOT stated there was an oversight and so action was taken at this time. Mr. Preston Shipe, 8287 Red Oak Drive stated that in reference to Resolution No. 3024 the goals were not met with regard to Highway 610 and stated his reasoning. He said he felt very frustrated and angry with regard to the situation. He further stated that he felt the plan was a "looser" and that it should not be implemented. He felt that it should go back to the drawing board and meet goals or involve experts and try to come up with other goals. Mr. Duane McCarty, 8060 Long Lake Road stated that the Memorandum of Understanding between Mr. Pauley and the City was written on a 9th or 10th grade reading level. He states the Memorandum of Understanding states that the City agrees to pay Mr. Pauley upon his resignation an amount equal to all J i e~ %1 ~ } ~ ~ ~~ r. Mounds View City Council August 27, 1990 Regular Meeting Page Five -------------------------------------------'-- of his accrued vacation leave, but makes no mention of severance pay. Mr. McCarty asked that Mr. Barney review the Memorandum of Understanding and show him where it references severance pay upon resignation. Mayor Hankner replied that she thought it was unfair for Mr. Ramey to try to answer this question as he wasn't involved in the contract portion of this situation. Mayor Hankner again replied that the attorney who could answer these questions and who dealt with the contract was an expert in her field as well as being employed by the League of Minnesota Cities. Mr. McCarty asked that Mayor Hankner have the special counsel from the League of Minnesota Citeis write him an explanation of where it'calls outs 6 months of severance pay in the Memorandum of Understanding upon `"'~ resignation. Mayor Hankner stated there were three attornies involved in the resignation of Mr. Pauley each dealing with a different part of the severance agreement. Mr. Barney and Mr. Meyers had not dealt directly with the contract because of a Conflict of Interest. Mr. McCarty stated that in Mayor Hankners' press release of August 13, 1990 there was a direct reference to contract. Russell Pahl, 7940 Greenfield, stated he was very disappointed in the way the situation regarding Mr. Pauley was handled. He charged the Council with holding "secret meetings°. In reply to Mayor Hankner's statement that Mr. Pauley had been looking for a job for five years Mr. Pahl states he had contact with Mr. Pauley and felt Mr. Pauley was ~ very secure and comfortable here and had no intention of leaving the City. Y! ~ IL^.7, 0^^ ~ .~ ..~ ; j Cj -~ r~ jl ~~ I~ ~ ~~ Mounds View City Council August 27, 1990 Regular Meeting Page Six ---------------------------------------- --------------------- Mayor Hankner responded to Mr. Pahl that she had been in touch with persons who knew ~,' ;:that Mr . Pauley was seeking other employment and' ~~ .'that Mr. Pauley had been working ~~~''~ ~!~ ,i' through headhunters as well as Mayor Hankner `t ~~ had been called by the Mayor of St. Anthony who ~ ~ inquired about Mr. Pauley seeking employment. ~~` as th thony. Mr. Bill Frits, 8072 Long Lake Road, questioned the Council as to why the meeting regarding Mr. Pauley was held only 10 days before the new open meeting law went into effect. He also stated his opinion as to why he felt three attornies were hired. Mayor Hankner stated again that the Council did not hire Ms. Nolan but she was recommended by City Attorney Karney and City Attorney Meyers and they in turn hired Ms. Nolan because of a Conflict of Interest that they felt with regard to the situation. Mayor Hankner also stated that she could not give out all the details of the regarding Mr. Pauley's resignation but Mr. Pauley could if he so desired or if he gave the•Council written per- mission. Mr. Bill Frits, 8072 Long Lake Road stated he felt Mr. Karney and Mr. Meyers did not know Mr. Pauley very well if they were - afraid of a Conflict of Interest with regards t because to friendship because he was at a meeting where Mr. Pauley stated freely that he would turn in his awn neighbor if he felt they were violating the law. City Attorney Karney stated that Mr. Pauley and he were not friends as Mr. Frits states but he had worked closely with Mr. Pauley and still works for the City and you cannot represent two sides of the same issue. Mr. Russel Pahl, 7940 Greenfield, asked that all the persons on the Council who had something to do with the "secret meetings" should stand up, resign and walk out the door. He further stated that those persons do not represent the people and don't deserve the respect of them. ~~ ,~ ~ ~~ ~ ~~ ~ ~ Mounds View City Council August 27, 1990 Regular Meeting Page Seven Mayor Hankner stated that 1 vote was taken to accept the resignation at a legal meeting. Mayor Hankner then stated again that she _ wished she could share the whole situation with everyone but because of the Data Privacy Act she could not and this act is designed to protect employees from public scrutiny. Mr. McCarty agains states confusion on his part and wants the Council to clear up his confusion. He states that Mr. Karney and Mr. Meyers were taken out of the picture because of conflict of interest and that they had no part in the process but the paper quoted the Council was given advice by three attorneys. Mayor Hankner explains the situation regarding the 3 attorneys again. She reiterates that they all handled seperate components of the situation. (~W~ City Attorney Karney had nothing to do with the contract because when he and City Attorney Meyers were contacted about the issue they didn't want to be involved because of a conflict of interest. They recommended Ms. Nolan's firm to the Council and hired her. Ms. Dale Nolan handled all issues from that point on. Mr. Barney stated he was called on 1 or 2 times to interpret the City Code by Ms. Nolan. Mr. McCarty asked again, then who were the other two attornees? Mayor Hankner again replied, " Mr. Karney and ~~ and Mr. Meyers. Initially Mr.Karney and Mr. Meyers were consulted with regards to the issue but all negotiations were handled by Ms. Nolan who advised Mr. Karney, Mr. Meyers and the Council. Mayor Hankner stated that Mr. Karney and Mr. Meyers were not totally divorced from the situation. • ~~~. Mounds View City Cori i ~ ~! August 27, 1990 Regular Meeting Page Eight -------------------------------- Mr. Bill Frits, states he believes the Council is using the Data Privacy Act to hide things. The real issue is hiding things from people in the City. Why wasn't Mr, Pauley given 6 months notice that he was terminated? Mayor Hankner states the Council was advised not to divulge information about Mr. Pauley's performance because it could draw the City into litigation and therefore Mayor Hankner has taken the advice of the attorneys. Mr. Linke states that City Attorney Barney made reference to the fact that he and Mr. Meyers advised the Council by recommending a law firm who in turn recommended one of their attorneys. At what meeting did this take place? City Attorney Karney stated many times, with reference to major pieces of litigation which he nor Mr. Meyers is an expert in, another attorney has been hired to help them. They have always been given a free reign to ascertain outside help. Larkin/Daly will bill Barney for Nolan's bill. Again, Mr. Karney stated that he and Mr. Meyers had worked with Mr. Pauley for several years and felt this was a Conflict of Interest. Mr. Linke asked haw many times Ms. Nolan met with the Council as a Council? Mayor Hankner met Ms. Nolan to interview prior to hiring. She spoke with the rest of the Council, however, under the advice of City Attorney Meyers some time ago there had been a subcommitte formed to handle employee matters. Mr. Linke asked if it was a quorum, Mayor Hankner stated it was not, it was not a Council meeting. Mr. Linke then asked if they met with Mr. Pauley on Friday and then took action on Monday. Mayor Hankner stated that Mr. Linke had not been involved for months and months on with regard to the day to day happenings in the City and many things had occurred. Mr. Linke rebutted that statement by saying that he had. maintained contact with Mr. Pauley and other Councilmembers and over Cable 3'V. Ms. Pat Rickaby, 8343 Groveland Road, asked when the decision was made to hire special counsel. c ~~ Mounds View City Council August 27, 1990 Regular Meeting Page Nine ~~Y~~~~~~~~~r~.~~.~~~~~~ Mayor Hankner made reference to her letter of two weeks ago in the Bulletin and offered to see that Ms. Rickaby receive a copy of it. Ms. Rickaby continued to ask the question as to when the decision was made to hire a lawyer. Was it before Mayor Hankner spoke to the Council or was there an open meeting where the decision was made? Mayor Hankner stated there had been performance reviews of Mr. Pauley. His performance had been discussed with him at those meetings. The final decision came when the vote occurred. Mayor Hankner stated it was a personnel issue and that the Council is responsible for 30 some employees. Hiring and firing is up to the Council. Apologized for not being able to knock on everyone's door and seek their advice as to what they would do in this situation. ( • Mr. McCarty stated he had no hard feelings towards Mr. Barney or Mr. Meyers and that he had worked with them for 6 years and trusted them completely and was always given good direction, however he stated that when he was Mayor he never allowed an attorney to give him final direction. Mr. McCarty made a final statement regarding the open meeting law and that notice has to be given even in the meeting is a closed meeting. He further stated facts regarding the meeting of Council.members outside of Council Meetings and the consequences that may occur if they violate this law. Mr. Pahl questioned the Council that if they were wrongfully advised in the resignation of Mr. Pauley, could they sue the advising attorney of malpractice? City Attorney Barney stated its difficult to prove malpractice and there seems to be no reason for this situation to be looked at as such. Mr. Pahl again questioned if the Council could relook at the contract and see if wrongful advice had been given. Mr. Frits, made a statement regarding malpractice. Mr. Frits `~~ also questioned why the Council did not accept Mr. Pauley's resignation if they had already made a decision. r ~~ (. i,~ Mounds View City Council August 27, 1990 ~~ Regular Meeting Page Ten Mayor Hankner again stated that the decision was not made until the vote was taken to accept Mr. Pauley's resignation. Mr. Frits questions again why. the resignation wasn't accepted if a deal wasn't made before setting down to a formal meeting? Mayor Hankner again states that she would like to disclose everything and clear up all questions but has been advised by the attorneys not to. City Attorney Barney was told by Dale Nolan that he was to instruct the Council regarding the data privacy act. If they were to violate this law Mr. Pauley could have a suit against the City. If Mr. Pauley would agree in writing to let the Council give all information out then they would be able to do so. Mr. Frits, if Council would have waited 10 days there would have been no decision. C~ Mayor Hankner stated there are circumstances that cannot be disclosed. Mr. Pahl, indicates he can't say what he knows because he has not witnesses. He believes there is a cover up and Pauley was paid to keep quiet. Mayor Hankner thanked Mr. Pahl for stopping. Mr. Dvnatelle, Donatelle's Supperr Club asked how many liquor licenses increased because of this act and by how much. He claimed that the Council did not listen when he said he serves a lot of food and liquor consumption is down. He resented the vote taken by the Council this evening. Mr. Frits, questioned the Council as to their non-ability to fire the Clerk-Administrator and was wondering if they are qualified to hire another. Mayor Hankner explained that there is a formed committee of four representatives to compile qualifications for a Clerk-Administrator. ,:~ • ' + ~ ~ 4 '~ ` Mounds View City Council August 27, 1990 Regular Meeting Page Eleven ---------------------------------------------- Motion/Second: Quick/Paone to approve 10. Approval of the consent agenda with the exception Consent Agenda of Item E and waive the reading of the resolutions. • 5 ayes 0 nays ~~ Counci_lmember Blanchard stated reasons for this item to be taken off the consent agenda. She felt that there are no guidelines set at this time and it requires further discussion. This item should be tabled at this time and brought up at the September 4th meeting. Acting Clerk-Administrator Ric Minetor stated that at the Council's direction Mary Saarion, Mike Ulrich and he met. This item needs to be handled expedientlyl because it could have a major effect on the budget process. Motion Carried Finance Director Brager introduced Resolution 11. Considera- 3075 and explained that this resolution tion of would bring ,the City into compliance with Resolution the Truth and Taxation Legislation No. 3075 Motion/Second: Blanchard/Wuori to adopt Resolution No. 3075 Motion/Second: Blanchard/Wuori to adopt Resolution No. 3075, regarding the certification of tax levies and setting hearing date. 5 ayes 0 nays Acting Clerk-Administrator Minetor reviewed Resolution No. 3076 the purchase of water treatment equipment from a sole source. He explained this filtering equipment would be more efficient and would be more cost efficient. Motion/Second- Quick/Paone to adopt Resolution No. 3076, authorizing the purchase of water treatment equipment from a single source. Motion Carried 12. Considera- tion of Resolution No. 3076 5 ayes 0 nays Motion Carried Mounds View City Council August 27, 1990 Regular Meeting Page Twelve --------------------------------------- Acting Clerk-Administrator Minetor reviewed this item and announced that Short-Elliott-Hendrickson was here to answer any questions any one may have. If authorized bids would be advertised on September 19., Motion/Second: Quick /Paone to authorize staff to advertise for bids for reconstruction of the Bronson lift station. 5 ayes 0 nays Acting Clerk-Admininstrator Minetor introduced Resolution No. 3079 and turned over comments to Administrative Secretary/Deputy Clerk Michele Severson. Michele indicated she still needed two IR judges but had calls out that had not been returned. Positions would be filled by the September 11, 1990 State Primary Election. Motion/Second: Quick/Paone to adopt Resolution No. 3079 Ratifying the Election Judges for the State Primary and General Elections. 5 ayes 0 nays Acting Clerk-Administrator Minetor reviewed request by Administrative Secretary/Deputy Clerk to Hire Technncal Support for. the Primary Election Regardin the Optech, III Equipment. Michele was present at the meeting and stated that the City owned no back-up equipment and the problems that could be encountered in case of equipment failure. Sharry Nelson, $303 Red yak Drive asked what the cost was of this technical support. Motion/Second: Paone/Wuori to approve hiring of Business Records Corporation at a cost of $1500 for technncal support at the State Primary Election on September 11, 1990 13. Authorize Advertise- went of ~~ Bid Motion Carried 14. Considera- tion of Res. 3079 Motion Carried 15. Approve Technical Support for Primary Election Motion Carried c~ (~ C~ 5 ayes 0 nabs ,~ ~~ ~ p ~~~~ ~ ~ ~~ ~~ ~ ~` ~~ Mounds View City Council August 27, 2990 Regular Meeting Page Thirteen City Attorney had no report. 16. Report of Attorney Councilmember Poane made comment as to Councilmember complaint regarding Scott Heiser, 7340 Paone Spring Lake Road regarding fill. What is being done? Councilmember Wuori thanked everyone Councilmember for their hard work with regard to Wuori Capitol for a Day. Councilmember Quick had no report. Councilmember Quick Councilmember Blanchard reported on Councilmember how well the forum went on Capitol Blanchard for a Day with Commissioner Tschida and Bill Barbeau regarding Pipeline Safety. Mayor Hankner thanked all those who Mayor Hankner { Hankner helped with Capitol For A Day. Said she would be wearing some kind of a hat next meeting. Asked staff to report to her when street maintenance would be done on Knollwood Drive due to some complaints she had received. Are potholes to be fixed after sealcoating? Reported she had received complaints from residents on Edgewood Drive across from City Hall Park that foul balls had been hitting their residences and causing damage. Would like this item put on next weeks agenda as to what can be done about this. Acting Clerk-Administrator Minetor report 17. Report that chip seal project was half done and of Acting would be completed in a couple of days. Clerk- Adminis- trator ~k~ ~ ~~ ;.,,,~; ~ ~~ ~ ., v Mounds View City Council August 27, 1990 Regular Meeting Page Fourteen ------------------------------------------------------------- There had been some problems with the phones regarding the well system. Problems should be cleared up in a day or so. Respectfully submitted, Ric Minetor Acting Clerk-Administrator ~~ ~~. i" ~~ ~~ K ~, '~ ~~~ {~ S `~ '~ Mounds View City Council August 26, 1990 Duane W. McCarty 8060 Long Lake Rd. Mounds View, .Minn. 55112 Questions regarding the Mayor's repeated .claims that various problems of this council are directly related to actions (or implied inactions) of past City Councils and restrictive state laws regarding recent City .issues. New Highway 10/610 (118) In a Focus news article dated April 4, 1990 regarding the new Hwy. 10 plans, Mayor Hankner was quoted as stating that ..."'previous Mounds View councils had failed to take any action on the issue... which is why we find ourselves in this position "'. This statement was repeated on several occasions and in fact was included as part of Council Resolution #3024 approving new Highway 10/610 and Realigning County Road J. I personally presented this council with a lengthy list of actions ( • taken by past councils regarding the Hwy 10 project. That list was only a partial record of the many times Hwy ZO was addressed by Mounds View City Councils dating back to 1971. For what ever reasons-- funding, right-of-way acquisitions etc. new state highway constructions take a very long time. And, the public hearing processes connected therewith are extremely important to those projects. All past hearings, except one, held by the Minnesota Department of Transportation, to receive comments or approvals from local units of government were attended by past Mounds View Officials. The MNDOT process began with corridor selections, specific alignment selection, environmental impact statements, and final design and location plans. Official transcripts of those hearings show that the only hearing not attended, or response missing from Mounds View, was the critical Design and Location hearing held in October of 1986. Mayor Hankner's charges are not totally without merit. It is true that members of the majority of this council, who were in office at that time, did not respond on behalf of Mounds View residents. Question: Why was that missed representation on the final design and location process in 1986 (which this council failed to provide) often represented as blame upon other City Councils by this ,;~ administration? 1C a ~ N ~ ~ 7~ ~~(;iii . tJ ~~ Mounds View City Council 2 In her August 13, 1990 statement to the Community; the Mayor emphasized that the amount of money paid our departing Clerk Administrator was determined by a contract written by Mr. Pauley and executed by former Mayor Duane McCarty in 1984. I am confident this statement was made with full knowledge that contractual agreements made on behalf of the city are consummated with the consent of the entire council and executed by the Mayor as a matter of administrative form required by the City Charter. As the Oct. 22, 1984 official minutes of the City Council show; the motion introducing the contract written by the Clerk/Administrator was made by then Councilmember Hankner, Seconded by then Councilmember Doty and received unanimous approval by the entire council. Question: If this contract tied the hands of this council in any way, why wasn't there a revision in the past 6 years since it's original adoption to account for changing times and needs of the City? ~~~ The Mayor's Aug. 13, 1990 statement also implied a difficulty in that the contract with Mr. Pauley did not contain a termination date nor renegotiation terms. The Clerk/Administrator is employed at the will and pleasure of the City Council. If termination of the contract is supportable, then such action simply takes the majority vote of the City Council. This is a very basic tenant of public administration. Question: What need has been identified that written authority would be any stronger than the unwritten understanding that the Council is the employer and as such has the power to dismiss employees when appropriate under termination authority? What further need has been identified to require renegotiation terms beyond the annual reviewal of the Clerk/Administrators performance and authorization of salary increases to reward faithful services rendered, or the termination of employment as noted above? The Mayor further stated in her Aug. 13, 1990 paper, and was also quoted in local news articles that the separation package given ,,;~ the Clerk/Administrator was entirely required by the referenced employment contract. ~: `~ ~•~~ ~~ .;.~ i) ff ,~ !a of C7 ~.~ Mounds View City Council 3 Article 10 of the Employment Contract with the Clerk/Administrator provides for an option to be selected by the City Council in case of termination. One course is to dismiss by immediate termination and 6 months severance pay or alternatively dismiss with 6 months notice and no severance pay. Additional severance payments that apply to all employees such as accrued vacation and sick pay are set in City Code Chapter 6 and must be honored in any case. Tt is only under Article 10 of the contract where the council initiates the termination of employment that immediate severance pay in the amount of 6 months salary must be paid in addition to accrued vacations etc. However, all this is beside the real point. ~In Mayor Hankner's statement of Aug. 13, 1990 it was clearly stated that-- [Quote] "'Mr. Pauley, Clerk-Administrator resigned effective July 20, 1990. It was essentially a mutual agreement between Mr. Pauley and the City Council. The council voted unanimously to accept Mr. Pauley's resignation."' Of course we all know by the Mayor's statement that this was a mutually agreed departure and not a case of firing an employee. Question: If Mr. Pauley voluntarily resigned, then why wasn't Article 11 of the contract enforced by the Council which states that The Citv acrrees to pav Mr. Paulev upon his resignation an amount equal to all of h's accrued vacation leaves Here, severances are not provided. (Article 9 of the contract requires a 45 day written notice by the Clerk/Administrator before voluntarily resigning.) Perusal of both the referenced contract and city code fails to point to any obvious requirement that the city is obligated to pay future costs of health benefits or expense accounts for use of personal automobiles, after employment termination, under any termination conditions. Question: Why was amounts equal to 6 months of health benefits and administrative expenses (that this employee will neither be incurring or performing) paid by the city of Mounds view as part of the severance package? • Mounds View City Council 4 The Mayor also stated in her Aug. 13, 1990 presentation that it was common knowledge that Mr. Pauley had been applying and interviewing for jobs for at least the last five years. ' If this situation has been deteriorating for such a long period of time; it would seem honorable and prudent for the council to work out an arrangement and assist the Clerk/Administrator in finding other suitable employment before reaching his tenth anniversary thereby incurring further obligations on the part of the City. Question: Why didn't the City Council take the initiative long ago rather than waiting S years before acting? Explanations regarding the council's inability to answer questions regarding this matter have stood deep in the data privacy act of previous state law. Question: ~. If the departure of the C1erklAdministrator was indeed mutual and lacking any public consequences; Why didn't the council wait 10 days and act under the well known and expected revision in applicable state law that would have allowed open discussion by both Mr. Pauley and the City Council? I base these statements and questions on existing facts recorded within official public records of the Minnesota Department of Transportation and the City of Mounds View. 1 (~ .- h ~ ~ ~ ~~ ~ ~ :~~ MEMORANDUM OR UNDERSTANDING between the MOUNDS VIEW CITY COUNCII. .~ •• and DONALD F, PAULEY, CLERK-ADMINISTRATOR . ~. The Mounds View City Council hereby enters into a Memorandum of Understanding with Mr. Donald F. Pauley to provide the necessary services to the City of Mounds View as outlined in Chapter 6 of the City's Home Rule Charter. The City and Mr. Pauley agree to the following salary and fringe benefits and other provisions of emplolJment: 1) Salary - 541,600 effective January 1, 1985 to be reviewed on an annual basis at the same time as simil ar consideration is generally given to other City ee ' s. It is further agreed that considera- wf~~ tion ~~ ~ i " ~ ~ ~ g ven to a merit increase of S2,080 at the time of performance review which will occur no later than December 17, 1984, 2) The City will provide the standard insurance package as provided to other City employees covered by Chapter 6 of the Municipal Code or deposit into the IC"?A - Retire t men Corporation Deferred Compensation Program in th e name of Donald F. Pauley, the full amount budgeted for the City's monthly insurance cc~tribution for the Clerk-Administrator position as , currently being implemented by an addendum to the N,e;~orandum of Understanding-dated January 11 1984 , which is attached hereto and made part of this Memorandum of Understanding. 3) The City will provide a $50,000 term life insurance polic in th y e name of Donald F. Pauley from the City's carrier. of term life insurance provided to other City employees. 4) The City will provide payment of the annual premium f or a disability insurance police selected and contracted for by Mr. Pauley. 5) The City will provide both vacation and sick leave to be accrued at the standard rate for all City employees covered by Chapter 6 of the Municipal Code. ~~~~~~y~~ ~~~~ ,:, s ~...,~ :i .t ~ ~ ~ is ~ a `~~1 ...~ ~....~ . MEMORANDUM OF UNDERSTANDING PAGE TWU 6) The City will pay for all expenditures within the limitations established in the annual budget, relative to Mr. Pauley's membership in the ICMA and Minnesota City Management Association and attendance at the annual conferences of the ICMA, LMC, and Minnesota City Management Association and such other meetings and activities as may be necessary for the performance of his duties as Clerk-Administrator and authorized by the City Council. 7)~ In consideration of a travel and expense allowance in the amount of 5150 per month or whatever might be provided for in the annual budget, Mr. Pauley will .provide the use of his personal vehicle for daily City business. 8) Mr. Parley agrees to reside within the City's Corporate limits during his term of employment with the City. 9} Mr. Pauley agrees to provide the City with at least 45 days written notice before voluntarily resigning. ZO) The City agrees to provide Mr. Pauley wit!: at least 6 months notice before terminating hip employment as Clerk-Administrator or at the option of the City Council, the City shall give Mr. Pauley severance pay equal to 6 months aggregate salary. The City shall not be required to give such notice or severanc= pay if Mr. Pauley is convicted of embezzlement of City funds or other crimes involving moral terpitude which tend to discredit or disgrace the City. 111 The City agrees to pay Mr. Pauley upon izis resignation or termination an amount equal to all of ` ~ his accrued vacation leave. '~ 12) The City agrees, pursuant to Resolution Ao. 1305 and An Agreement Relating To Deferred Compensation dated ' June 23, 1981 which are attached hereto and made a \ part of this Memorandum of Understanding, to contribute to the ICMA Retirement Corporation Deferred Compensation Program in an amount equal to the employer's contribution which would be required by Minnesota Statutes Section 353.27, Subdivisions 3 ~Cd 3a, as amended, if Mr. Pauley were a member of e Public Employees Retirement Association. ~~ Ci 4 . ~ ;~ ~ -~ tai F Mounds Vzew City Council ~'~ ~ ~ ~. Regular Meeting `"/ ~~' October 22, 19fi~ ------------------------------------------- ------- ---~age_~ive-____- Finance Director Brager reviewed the activities of ~.~ the Finance Department for the past quarter, with the main concentration being on completing the budget and preparing for elections. Pack Director Anderson reviewed the activities of the forestry and~park and recreation areas for the pESt quarter. He advised that Mary Saarion would be returning to work from her maternity leave on December 1. Mrs. Werdine asked if there was a way to let people know of the need for volunteers to work with the handicapped swim program. Director Anderson replied they could put an article in the newsletter. Police Chief Ramacher reviewed the activites of the Police Department for the past quarter. He reported they will be hiring a person for the CSO after the first of the year. Ce~.:ncilmember Blanchard inquired about the missing stop sign at Sherwood and Fairchild. Chief Rarnacher ~Iied he would look into it. ~~ Clerk/A~inistrator Pauley advised that alI the derartsents are doing very well witsin their '•-~~ budgets for 1984. Clerk/Administrator Pauley reviewed proposed Resolu- tion No. 1823. Mo~ion/Second: Linice/Blanchard to approve Resolution No. 23 authorizing the City of Mounds View. to file a.^. a?p=ication and execute a grant project agreement to develop open space under the provision of the Stare Na~ural Resource Fund, and waive the reading. 5 ayes 0 nays Mo~ior./Second: Hankner/Dozy to approve the memo o ur. erstan ing between the City of ?Mounds View arc Donald F. Pauley, Clerk/Administrator. 5 aye s 0 rays • 11. Consideratior: Resolution No. 1823 Motion Carrie. 12. Memorandum cf Understandir:~ with Clerk/%d= Pauley Motion Carriec p~-~ t~,(p paved, I -7 -~~i1 • PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA .Regular Meeting August 27, 1990 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called 1. Called to to order. by Mayor Hankner at 7:04 PM on Order Monday, August 27, 1990. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Wuori Quick, Blanchard, Paone and Mayor Hankner. ALSO PRESENT: City Attorney Rarney, Acting Clerk-Administra~.or--Minetor Motion/Second: Paone/Wuori to approve the August 6th, 1990 minutes as-presented. 5 ayes 0 nays Motion/Second: Wuori/Quick to approve the August 13, 1990 minutes as amended. 5 ayes 0 nays Mayor Hankner closed the regular meeting and opened the first public hearing at 7:08 PM. Acting Clerk-Administrator Minetor reviewed the proposed liquor license fee increases for intoxicating liquor. Ed Donatelle, Donatelle's Supper Club commented on the fact that his property taxes have increased but his volume of liquor sales has decreased over the past four or five years. His primary business is food not liquor sales. 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: Aug. 6, 1990 Motion Carried August 13, 1990 Motion Carried 5. No special Council business 6. Public Hearing: Considera- tion of Proposed Increase In Intoxi- cating Liquor License Fees Russell Pahl, 7940 Greenfield, agreed with Mr. Donatelle. He stated that these increases Mounds View City Council August 27, 1990 Regular Meeting Page Two ------------------------------------------------------------- will put business out of business. Why is the fee being increased? Why do the revenues have to be higher? Councilmember Wuori questioned why the increase had to happen at this time? Acting Clerk-Administrator Minetor advised that staff has .reviewed the process of issuing licenses and determined that we are in a situation where costs to the City are higher including paperwork, compliance with state laws and law enforcement with regards to the establishments. Councilmember Paone stated he felt revenues were down and with the new DWI laws people were entertaining at home rather than going out to the liquor establishments. Mayor Hankner again explained the increase was due to higher administrative costs, stringent state law compliance and law enforcement with regard to these establishments. There being no further questions Mayor Hankner closed the public hearing at 7:12 PM and reopened the regular meeting at 7:19 pm. Motion/Second: Wuori/Quick to approve increase in intoxicating liquor license fees. 4 ayes 1 nay Motion Carried Mayor Hankner closed the regular meeting at 7. Public Hrg: 7:20 P.M. and opened the second public hearing 2201 Bronson at 7:21 P.M. Request for Wetland Alt. Acting Clerk-Administrator Minetor reviewed Permit the request of the applicant for a wetland alteration permit to allow construction of a deck in a wetland buffer zone. Motion/Second: Quick/Paone to approve Resolution No. 3077 approving a wetland alteration permit for JoAnn Perry to construct a deck in a wetland buffer zone, 2201 Bronson Drive and waive the reading. 5 ayes 0 nays Motion Carried Mounds View City Council August 27, 1990 Regular Meeting Page Three ------------------------------------------------------------- Mayor Hankner closed the public hearing at 7:22 P.M. and opened the regular meeting. Mayor Hankner closed the regular meeting 8. Public Hrg: 7:23 P.M. and opened the next public Request hearing at 7:23 P.M. for Wetland Acting Clerk-Administrator Minetor Alt. reviewed the request by Ramsey County Permit by for a Wetland Alteration Permit for Ramsey Cty Ramsey County for Fill Slopes in a Wetland District Curtis Pratt and Wayne Leonard here to answer any questions. No discussion followed by the City. Mayor Hankner closed the public hearing at 7:25 P.M. Motion/Second: Blanchard/Paone to approve Resolution No. 3078 Approving a Wetland Alteration Permit for Ramsey County for Roadway Fill Slopes in a Wetland District contingent upon receiving a permit from the Department of Natural Resources. 5 ayes 0 nays Motion Carried Mr. Duane McCarty, 8060 Long Lake Road, 9. Residents read a prepared statement in response to Requests statements made at the August 13, 1990 and Regular Council Meeting. Statement is Comments attached and made a permanent part of from the this record. This statement was read Floor verbatum. The statement contains questions. that Mr. McCarty is requesting answers to by the City Council. See attached statement. A portion of the statement read by Mr. McCarty refers to the Highway 610 project and another portion relates to the resignation of Clerk-Administrator Donald Pauley. Mounds View City Council August 27, 1990 Regular Meeting Page Four Mayor Hankner stated she would respond to some of the questions at this time. In reference to Highway 10-610 she stated that there were no formal documents by any City Council in this City in the hands of Mn DOT that give formal approval to the Mn DOT project. In regards to Mr. Pauley's resignation Mayor Hankner stood by comments made August 13. She stated the Council relied on expert advice of three attornies. Mr. Jerry Linke, 2319 Rnoll Drive stated with reference to Highway 610 that no formal approval was given to Mn DOT documents because these documents were preliminary and you do not give approval to preliminary documents. He further stated that formal approval was not needed nor required. Mayor Hankner stated that MnDOT stated there was an oversight and so action was taken at this time. Mr. Preston Shipe, 8287 Red Oak Drive stated that in reference to Resolution No. 3024 the goals were not met with regard to Highway 610 and stated his reasoning. He said he felt very frustrated and angry with regard to the situation. He further stated that he felt the plan was a "looser" and that it should not be implemented. He felt that it should go back to the drawing board and meet goals or involve experts and try to come up with other goals. Mr. Duane McCarty, 8060 Long Lake Road .stated that the Memorandum of Understanding between Mr. Pauley and the City was written on a 9th or 10th grade reading level. He states the Memorandum of Understanding states that the City agrees to pay Mr. Pauley upon his resignation an amount equal to all Mounds View City Council August 27, 1990 Regular Meeting Page Five ------------------------------------------------------------- of his accrued vacation leave, but makes no mention of severance pay. Mr. McCarty asked that Mr. Karney review the Memorandum of Understanding and show him where it references severance pay upon resignation. Mayor Hankner replied that she thought it was unfair for Mr. Karney to try to answer this question as he wasn't involved in the contract portion of this situation. Mayor Hankner again replied that the attorney who could answer these questions and who dealt with the contract was an expert in her field as well as being employed by the League of Minnesota Cities. Mr. McCarty asked that Mayor Hankner have the special counsel from the League of Minnesota Citees write him an explanation of where it~calls outs 6 months of severance pay in the Memorandum of Understanding upon resignation. Mayor Hankner stated there were three attornies involved in the resignation of Mr. Pauley each dealing with a different part of the severance agreement. Mr. Karney and Mr. Meyers had not dealt directly with the contract because of a Conflict of Interest. Mr. McCarty stated that in Mayor Hankners' press release of August 13, 1990 there was a direct reference to contract. Russell Pahl, 7940 Greenfield, stated he was very disappointed in the way the situation regarding Mr. Pauley was handled. He charged the Council with holding "secret meetings". In reply to Mayor Hankner's statement that Mr. Pauley had been looking for a job for five years Mr. Pahl states he had contact with Mr. Pauley and felt Mr. Pauley was very secure and comfortable here and had no intention of leaving the City. ti Mounds View City Council August 27, 1990 Regular Meeting Page Six Mayor Hankner responded to Mr. Pahl that she had been in touch with persons who knew that Mr. Pauley was seeking other employment and that Mr. Pauley had been working been working through headhunters as well as Mayor Hankner had been called by the Mayor of St. Anthony who inquired about Mr. Pauley seeking employment. Mr. Bill Frits, 8072 Long Lake Road, questioned the Council as to why the meeting regarding Mr. Pauley was held only 10 days before the new open meeting law went into effect. He also stated his opinion as to why he felt three attornies were hired. Mayor Hankner stated again that the Council did not hire Ms. Nolan but she was recommended by City Attorney Karney and City Attorney Meyers and they in turn hired Ms. Nolan because of a Conflict of Interest that they felt with regard to the situation. Mayor Hankner also stated that she could not give out all the details of the regarding Mr. Pauley's resignation but Mr. Pauley could if he so desired or if he gave the~Council written per- mission. Mr. Bi11 Frits, $072 Long Lake Road stated he felt Mr. Karney and Mr. Meyers did not know Mr. Pauley very well if they were afraid of a Conflict of Interest with regards because to friendship because he was at a meeting where Mr. Pauley stated freely that he would turn in his own neighbor if he felt they were violating the Iaw. City Attorney Karney stated that Mr. Pauley and he were not friends as Mr. Frits states but he had worked closely with Mr. Pauley and still works for the City and you cannot represent two sides of the same issue. Mr. Russel Pahl, 7940 Greenfield, asked that all the persons on the Council who had something to do with the "secret meetings" should stand up, resign and walk out the door. He further stated that those persons do not represent the people and don't deserve the respect of them. Mounds View City Council Regular Meeting August 27, 1990 Page Seven ------------------------------------------------------------- Mayor Hankner stated that 1 vote was taken to accept the resignation at a legal meeting. Mayor Hankner then stated again that she wished she could share the whole situation with everyone but because of the Data Privacy Act she could not and this act is designed to protect employees from public scrutiny. Mr. McCarty agains states confusion on his part and wants the Council to clear up his confusion. He states that Mr. Barney and Mr. Meyers were taken out of the picture because of conflict of interest and that they had no part in the process but the paper quoted the Council was given advice by three attorneys.. Mayor Hankner explains the situation regarding the 3 attorneys again. She reiterates that they all handled seperate components of the situation. City Attorney Barney had nothing to do with the contract because when he and City Attorney Meyers were contacted about the issue they didn't want to be involved because of a conflict of interest. They recommended Ms. Nolan's firm to the Council and hired her. Ms. Dale Nolan handled all issues from that point on. Mr. Barney stated he was called on 1 or 2 times to interpret the City Code by Ms. Nolan. Mr. McCarty asked again, then who were the other two attorniys? Mayor Hankner again replied, Mr. Barney and and Mr. Meyers." Initially Mr.Karney and Mr. Meyers were consulted with regards to the issue but all negotiations were handled by Ms. Nolan who advised Mr. Karney, Mr. Meyers and the Council. Mayor Hankner stated that Mr. Barney and Mr. Meyers were not totally divorced from the situation. • Mounds View City Council August 27, 1990 Regular Meeting Page Eight ------------------------------------------------------------- Mr. Bill Frits, states he believes the Council is using the Data Privacy Act to hide things. The real issue is hiding things from people in the City. Why wasn't Mr. Pauley given 6 months notice that he was terminated? Mayor Hankner states the Council was advised not to divulge information about Mr. Pauley's performance because it could draw the City into litigation and therefore Mayor Hankner has taken the advice of the attorneys. Mr. Linke states that City Attorney Karney made reference to the fact that he and Mr. Meyers advised the Council by recommending a law firm who in turn recommended one of their attorneys. At what meeting did this take place? City Attorney Karney stated many times, with reference to major pieces of litigation which he nor Mr. Meyers is an expert in, another attorney has been hired to help them. They have always been given a free reign to ascertain outside help. Larkin/Daly will bill Karney for No1an's bill. Again, Mr. Karney stated that he and Mr. Meyers had worked with Mr. Pauley for several years and felt this was a Conflict of Interest. Mr. Linke asked how many times Ms. Nolan met with the Council as a Council? Mayor Hankner met Ms. Nolan to interview prior to hiring. She spoke with the rest of the Council, however, under the advice of City Attorney Meyers some time ago there had been a subcommitte formed to handle employee matters. Mr. Linke asked if it was a quorum. Mayor Hankner stated it was not, it was not a Council meeting. Mr. Linke then asked if they met with Mr. Pauley on Friday and then took action on Monday. Mayor Hankner stated that Mr. Linke had not been involved for months and months on with regard to the day to day happenings in the City and many things had occurred. Mr. Linke rebutted that statement by saying that he had maintained contact with Mr. Pauley and other Councilmembers and over Cable TV. Ms. Pat Rickaby, 8343 Groveland Road, asked when the decision was made to hire special counsel. • Mounds View City Council August 27, 1990. Regular Meeting Page Nine ------------------------------------------------------------- Mayor Hankner made reference to her letter of two weeks ago in the Bulletin and offered to see that Ms. Rickaby receive a copy of it. Ms. Rickaby continued to ask the question as to when the decision was made to hire a lawyer. Was it before Mayor Hankner spoke to the Council or was there an open meeting where the decision was made? Mayor Hankner stated there had been performance reviews of Mr. Pauley. His performance had been discussed with him at those meetings. The final decision came when the vote occurred. Mayor Hankner stated it was a personnel issue and that the Council is responsible for 30 some employees. Hiring and firing is up to the Council. Apologized for not being able to knock on everyone's door and seek their advice as to what they would do in this situation. Mr. McCarty stated he had no hard feelings towards Mr. Karney or Mr. Meyers and that he had worked with them for 6 years and trusted them completely and was always given good direction, however he stated that when he was Mayor he never allowed an attorney to give him final direction. Mr. McCarty made a final statement regarding the open meeting law and that notice has to be given even in the meeting is a closed meeting. He further stated facts regarding the meeting of Councilmembers outside of Council Meetings and the consequences that may occur if they violate this law. Mr. Pahl questioned the Council that if they were wrongfully advised in the resignation of Mr. Pauley, could they sue the advising attorney of malpractice? City Attorney Karney stated its difficult to prove malpractice and there seems to be no reason for this situation to be looked at as such. Mr. Pahl again questioned if the Council could relook at the contract and see if wrongful advice had been given. Mr. Frits, made a statement regarding malpractice. Mr. Frits also questioned why the Council did not accept Mr. Pauley's resignation if they had already made a decision. Mounds View City Council August 27, 1990 Regular Meeting Page Ten ------------------------------------------------------------- Mayor Hankner again stated that the decision was not made until the vote was taken to accept Mr. Pauley's resignation. Mr. Frits questions again why the resignation wasn't accepted if a deal wasn't made before setting down to a formal meeting? Mayor Hankner again states that she would like to disclose everything and clear up all questions but has been advised by the attorneys not to. City Attorney Barney was told by Dale Nolan that he was to instruct the Council regarding the data privacy act. If they were to violate this law Mr. Pauley could have a suit against the City. If Mr. Pauley would agree in writing to let the Council give all information out then they would be able to do so. Mr. Frits, if Council would have waited 10 days .there would have been no decision. Mayor Hankner stated there are circumstances that cannot be disclosed. Mr. Pahl, indicates he can't say what he knows because he has not witnesses. He believes there is a cover up and Pauley was paid to keep quiet. Mayor Hankner thanked Mr. Pahl for stopping. Mr. Donatelle, Donatelle's Supperr Club asked how many liquor licenses increased because of this act and by how much. He claimed that the Council did not listen when he said he serves a .lot of food and liquor consumption is down. He resented the vote taken by the Council this evening. Mr. Frits, questioned the Council as to their non-ability to fire the Clerk-Administrator and was wondering if they are qualified to hire another. Mayor Hankner explained that there is a formed committee of four representatives to compile qualifications for a Clerk-Administrator. • Mounds View City Council August 27, 1990 Regular Meeting Page Eleven ------------------------------------------------------------- Motion/Second: Quick/Paone to approve 10. Approval of the consent agenda with the exception Consent Agenda of Item E and waive the reading of the resolutions. 5 ayes 0 nays Councilmember Blanchard stated reasons for this item to be taken off the consent agenda. She felt that there are no guidelines set at this time and it requires further discussion. This item should be tabled at this time and brought up at the September 4th meeting. Acting Clerk-Administrator Ric Minetor stated that at the Council's direction Mary Saarion, Mike Ulrich and he met. This item needs to be handled expedientlyl because it could have a major effect on the budget process. Motion Carried . Finance Director Brager introduced Resolution 11. Considera- 3075 and explained that this resolution tion of would bring the City into compliance with Resolution the Truth and Taxation Legislation No. 3075 Motion/Second: Blanchard/Wuori to adopt Resolution No. 3075 Motion/Second: Blanchard/Wuori to adopt Resolution No. 3075, regarding the certification of tax levies and setting hearing date. 5 ayes 0 nays Acting Clerk-Administrator Minetor reviewed Resolution No. 3076 the purchase of water treatment equipment from a sole source. He explained this filtering equipment would be more efficient and would be more cost efficient. Motion/Second: Quick/Paone to adopt Resolution No. 3076, authorizing the purchase of water treatment equipment from a single source. 5 ayes 0 nays Motion Carried 12. Considera- tion of Resolution No. 307.6 Motion Carried Mounds View City Council August 27, 1990 Regular Meeting Page Twelve • • Acting Clerk-Administrator Minetor 13. Authorize reviewed this item and announced that Advertise- Short-Elliott-Hendrickson was here went of to answer any questions any one may have. Bid If authorized bids would be advertised on September 19. Motion/Second: Quick /Paone to authorize staff to advertise for bids for reconstruction of the Bronson lift station. 5 ayes 0 nays Acting Clerk-Admininstrator Minetor introduced Resolution No. 3079 and turned over comments to Administrative Secretary/Deputy Clerk Michele Severson. Michele indicated she still needed two IR judges but had calls out that had not been returned. Positions would be filled by the September 11, 1990 State Primary Election. Motion/Second: Resolution No. Judges for the Elections. 5 ayes 0 nays adopt the Election and General Acting Clerk-Administrator Minetor reviewed request by Administrative Secretary/Deputy Clerk to Hire Techincal Support for the Primary Election Regardin the Optech, III Equipment. Michele was present at the meeting and stated that the City owned no back-up equipment and the problems that could be encountered in case of equipment failure. Sharry Nelson, 8303 Red Oak Drive asked what the cost was of this technical support. Motion/Second: Paone/Wuori to approve hiring of Business Records Corporation at a cost of $1500 for techincal support at the State Primary Election on September 11, 1990 5 ayes 0 nays Quick/Paone to 3079 Ratifying State Primary Motion Carried 14. Considera- tion of Res. 3079 Motion Carried 15. Approve Technical Support for Primary Election Motion Carried • Mounds View City Council August 27, 1990 Regular Meeting Page Thirteen ------------------------------------------------------------- City Attorney had no report. 16. Report of Attorney Councilmember Poane made comment as to Councilmember complaint regarding Scott Heiser, 7340 Paone Spring Lake Road regarding fill. What is being done? Councilmember Wuori thanked everyone Councilmember for their hard. work with regard to Wuori Capitol for a Day. Councilmember Quick had no report. Councilmember Quick Councilmember Blanchard reported on Councilmember how well the forum went on Capitol Blanchard for a Day with Commissioner Tschida and Bill Barbeau regarding Pipeline Safety. Mayor Hankner thanked all those who Mayor Hankner Hankner helped with Capitol For A Day. Said she would be wearing some kind of what next meeting. Asked staff to report to her when street maintenance would be done on Rnollwood Drive due to some complaints she had received. Are potholes to be fixed after sealcoating? Reported she had received complaints from residents on Edgewood Drive across from City Hall Park that foul balls had been hitting their residences and causing damage. Would like this item put on next weeks agenda as to what can be done about this. Acting Clerk-Administrator Minetor report 17. Report that chip seal project was half done and of Acting would be completed in a couple of days. Clerk- Adminis- trator • Mounds View City Council August 27, 1990 Regular Meeting Page Fourteen There had been some problems with the phones regarding the well system. Problems should be cleared up in a day or so. Respectfully submitted, Ric M netor Acting Clerk-Administrator Mounds View City Council August 26, 1990 Duane W. McCarty 8060 Long Lake Rd. Mounds View, Minn. 55112 Questions regarding the Mayor's repeated claims that various problems of this council are directly related to actions (or implied inactions) of past City Councils and restrictive state laws regarding recent City issues. New Highway 10/610 (118) In a Focus news article dated April 4, 1990 regarding the new Hwy. 10 plans, Mayor Hankner was quoted as stating that ..."'previous Mounds View councils had failed to take any action on the issue... which is why we find ourselves in this position "'. This statement was repeated on several occasions and in fact was included as part of Council Resolution #3024 approving new Highway 10/610 and Realigning County Road J. I personally presented this council with a lengthy list of actions . taken by past councils regarding the Hwy 10 project. That list was only a partial record of the many times Hwy 10 was addressed by Mounds View City Councils dating back to 1971. For what ever reasons-- funding, right-of -way acquisitions etc. new state highway constructions take a very long time. And, the public hearing processes connected therewith are extremely important to those projects. All past hearings, except one, held by the Minnesota Department of Transportation, to receive comments or approvals from local units of government were attended by past Mounds View Officials. The MNDOT process began with corridor selections, specific alignment selection, environmental impact statements, and final design and location plans. Official transcripts of those hearings show that the only hearing not attended, or response missing from Mounds View, was the critical Design and Location hearing held in October of 1986. Mayor Hankner's charges are not totally without merit. It is true that members of the majority of this council, who were in office at that time, did not respond on behalf of Mounds View residents. Question: Why was that missed representation on the final design and location process in 1986 (which this council failed to provide) often represented as blame upon other City Councils by this administration? • Mounds View City Council 2 In her August 13, 1990 statement to the Community, the Mayor emphasized that the amount of money paid our departing Clerk Administrator was determined by a contract written by Mr. Pauley and executed by former Mayor Duane McCarty in 1984. T am confident this statement was made with full knowledge that contractual agreements made on behalf of the city are consummated with the consent of the entire council and executed by the Mayor as a matter of administrative form required by the City Charter. As the Oct. 22, 1984 official minutes of the City Council show; the motion introducing the contract written by the Clerk/Administrator was made by then Councilmember Hankner, Seconded by then Councilmember Doty and received unanimous approval by the entire council. Question: If this contract tied the hands of this council in any way, why wasn't there a revision in the past 6 years since it's original adoption to account for changing times and needs of the City? The Mayor's Aug. 13, 1990 statement also implied a difficulty in that the contract with Mr. Pauley did not contain a termination date nor renegotiation terms. The Clerk/Administrator is employed at the will and pleasure of the City Council. If termination of the contract is supportable, then such action simply takes the majority vote of the City Council. This is a very basic tenant of public administration. Question: What need has been identified that written authority would be any stronger than the unwritten understanding that the Council is the employer and as such has the power to dismiss employees when appropriate under termination authority? What further need has been identified to require renegotiation terms beyond the annual reviewal of the Clerk/Administrators performance and authorization of salary increases to reward faithful services rendered, or the termination of employment as noted above? The Mayor further stated in her Aug. 13, 1990 paper, and was also quoted in local news articles that the separation package given . the Clerk/Administrator was entirely required by the referenced employment contract. f Mounds View City Council 3 Article 10 of the Employment Contract with the Clerk/Administrator provides for an option to be selected by the City Council in case of termination. One course is to dismiss by immediate termination and 6 months severance pay or alternatively dismiss with 6 months notice and no severance pay. Additional severance payments that apply to all employees such as accrued vacation and sick pay are set in City Code Chapter 6 and must be honored in any case. It is only under Article 10 of the contract where the council initiates the termination of employment that immediate severance pay in the amount of 6 months salary must be paid in addition to accrued vacations etc. However, all this is beside the real point. In Mayor Hankner's statement of Aug. 13, 1990 it was clearly stated that-- [Quote] ..."'Mr. Pauley, Clerk-Administrator resigned effective July 20, 1990. It was essentially a mutual agreement between Mr. Pauley and the City Council. The council voted unanimously to accept Mr. Pauley's resignation."' Of course we all know by the Mayor's statement that this was a mutually agreed departure and not a case of firing an employee. Question: If Mr. Pauley voluntarily resigned, then why wasn't Article 11 of the contract enforced by the Council which states that The City aarees to pav Mr Paulev upon his resignation an amount equal to all of his accrued vacation leave? Here, severances are not provided. (Article 9 of the contract requires a 45 day written notice by the Clerk/Administrator before voluntarily resigning.) Perusal of both the referenced contract and city code fails to point to any obvious requirement that the city is obligated to pay future costs of health benefits or expense accounts for use of personal automobiles, after employment termination, under any termination conditions. Question: Why was amounts equal to 6 months of health benefits and administrative expenses (that this employee will neither be incurring or performing) paid by the city of Mounds View as part of the severance package? • • Mounds View City Council q The Mayor also stated in her Aug. 13, 1990 presentation that it was common knowledge that Mr. Pauley had been applying and interviewing for jobs for at least the last five years. If this situation has been deteriorating for such a long period of time; it would seem honorable and prudent far the council to work out an arrangement and assist the Clerk/Administrator in finding other suitable employment before reaching his tenth anniversary thereby incurring further obligations on the part of the City. Question: Why didn't the City Council take the initiative long ago rather than waiting 5 years before acting? Explanations regarding the council's inability to answer questions regarding this matter have stood deep in the data privacy act of previous state law. Question: If the departure of the Clerk/Administrator was indeed mutual and . lacking any public consequences; Why didn't the council wait 10 days and act under the well known and expected revision in applicable state law that would have allowed open discussion by both Mr. Pauley and the City Council? I base these statements and questions on existing facts recorded within official public records of the Minnesota Department of Transportation and the City of Mounds View. ,, . , ,,, . • MEMORANDUM OR UNDERSTANDING between the ._ MOUNDS VIEW CITY COUNCIL - •~ ' and ' DONALD F. PAULEY, CLERK-ADMINISTRATOR The Mounds View City Council hereby enters into a Memorandum of Understanding with Mr. Donald F. Pauley to provide the necessary services to the City of Mounds View as outlined in Chapter 6 of the City's Home Rule Charter. The City and Mr. Pauley agree to the following salary and fringe benefits and other provisions of employment: 1) Salary - $41,600 effective January 1, 1985 to be reviewed on an annual basis at the same time as similar consideration is generally given to other City e~m~~~~ees. It is further agreed that considera- tion given to a merit increase of $2,080 at the time of performance review which will occur no Iater than December 17, 1984. 2) The City will provide the standard insurance package as provided to other City employees covered by Chapter 6 of the Municipal Code or deposit into the ICMA - Retirement Corporation Deferred Compensation Program in the name of Donald F. Pauley, the full amount budgeted for the City's monthl•~~ insurance contribution for the Clerk-Administrator position, as currently being implemented by an addendum to the Memorandum of Understanding dated January 11, 1984 which is attached hereto and made part of this Memorandum of Understanding. 3) The City will provide a $50,000 term life insurance polio in the name of Donald F. Pauley from the City's carrier of term life insurance provided to other City employees. 4) The City will provide payment of the annual premium for a disability insurance policy selected and contracted for by Mr. Pauley. 5) The City will provide hotr. vacation and sick leave to • - be accrued at the standard rate for all City employees covered by Chapter 6 of the Municipal Code. f 4 • MEMORANDUM OF UNDERSTANDING PAGE TWU 6) The City will pay for all expenditures within the lirr,itations established in the annual budget, relative to Mr. Pauley's membership in the ICMA and Minnesota City Management Association and attendance at the annual conferences of the ICMA, LMC, and Minnesota City Management Association and such other meetings and activities as may be necessary for the performance of his duties as Clerk-Administrator and authorized by the City Council. 7) In consideration of a travel and expense allowance in the amount of $150 per month or whatever might be provided for in the annual budget, Mr. Pauley will provide the use of his personal vehicle for daily City business. 8) Mr. Pauley agrees to reside within the City's Corporate limits during his term of employment with the City. • 9) Mr. Pauley agrees to provide the City with at least 45 days written notice before voluntarily resigning. IO) The City agrees to provide Mr. Pauley wit!: at least 6 months notice before terminating hi= emplcyment as Clerk-Administrator or at the optior of the City Council, the City shall give Mr. Pauley severance pay equal to 6 months aggregate salary. The :.ity shall not be required to give such notice or severance pay if Mr. Pauley is convicted of embezzlement of City funds or other crimes involving moral terpitude which tend to discredit or disgrace the City. 11) The City agrees to pay Mr. Pauley upon iris resignation or termination an amount equal to ail of his accrued vacation leave. 12) The City agrees, pursuant to Resolution Igo. 1.305 and An Agreement Relating To Deferred Compensation dated June 23, 1981 which are attached hereto and made a part of this Memorandum of Understanding, to contribute to the ICMA Retirement Corporation Deferred Compensation Program in an amount Pqual to the employer's contribution which would be required by Minnesota Statutes Section 353.27, Subdivisions 3 nd 3a, as amended, if Mr. Pauley were a member of Public Employees Retirement Association.