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010791 CC SP Min CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY, JANUARY 7, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . M I NUT E S ADMINISTER OATH OF OFFICE Administrator Whittaker went through the formal procedure of administering the oath of office to Mayor Brancel, Councilmembers Lewis and Daugherty. They had legally taken the oath on January 2, 1991. CALL TO ORDER Mayor Brancel called the meeting to order at 7:32 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, City Administrator Whittaker, City Attorney Froberg, City Planner Nielsen, City Engineer Norton. . REVIEW AGENDA Mayor Brancel added the topic of the litigation brought by James J. Hare and Robert Snyder to the Executive Session. Gagne moved, Stover seconded, to approve the Agenda as amended. Motion carried - 5/0. ANNUAL MEETING AND OFFICIAL DEPOSITORY - APPOINTMENTS TO POSITIONS AND OFFICES WITHIN THE CITY OF SHOREWOOD. RESOLUTION NO. 1-91 The following persons are appointed to the following offices and positions for the year 1991. Acting Mayor - Councilmember Gagne Council Representatives to: A. B. C. D. .E. City Attorney - Glenn Froberg, Froberg and Ahern. Mr. Froberg is appointed for one year and works at the pleasure of the Council. Mr. Ahern handles the prosecution for the City. Their fees are reviewed annually. Park Commission - Councilmember Lewis Liquor Stores - Councilmembers Stover and Gagne Planning Commission Liaison: Councilmember Stover Minnehaha Creek Watershed District: Councilmember Lake Minnetonka Cable Commission: Mayor Brancel Daugherty .1 .I. CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY, JANUARY 7. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 . City Engineer - Jim Norton, Orr, Schelen & Mayeron & Associates, Inc. Mr. Norton is also appointed for one year and works pursuant to a contract, subject to cancellation upon 30 days notice. His fee schedule has been forwarded to the Council. Councilmember Gagne said there had been some dissatisfaction with Mr. Norton in the past, concerning the work on Freeman Park. However, those issues have been resolved and a Park Planner has been hired to implement the Parks plan. Norton said he has a good working relationship with Mark Koegler, the Park Planner. Attorney Froberg said that certain City contracts contain provisions requiring approval by the City Engineer. Administrator Whittaker said water hookups and drainage problems are usually approved by OSM. Health Officer - Dr. Donald Kjome Representatives to Affiliated Organizations: A. Association of Metro Municipalities: Brancel and Administrator Whittaker. Minnetonka Community Services: Don Huntington Lake Minnetonka Conservation District: Bob Rascop Lake Minnetonka Cable Communication Commission: Dean Johnson B. C. . D. Official Depositories: First State Bank of New Germany and other Depositories as necessary. Councilmember Daugherty asked who determines what banks are used. Brancel said the Council decides which banks are used. Whittaker said the Council must approve each new depository that IS used. Daugherty also asked if the rates of return on City money were reviewed periodically. Whittaker said the Finance Director reviews the rates frequently and determines where to place the money. He also said he will have the Finance Director make a list of all the depositories. Official Newspaper: The Sailor. Gagne said he prefers to use the Sailor because it is delivered to every house in the City. Financial Advisory Board Members - Stover, liaison. Whittaker said the Financial Advisory Board is not a statutory board and is not part of the Resolution. .'RegiOnal Transit Board: Rob Daugherty Whittaker said the Board's next meeting will be Jan. 11, 1991 at 7:30 A. M. ,.... ,I:" CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY, JANUARY 7, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 e- Planning Commission Appointments: . .- Chairperson: hold pending recommendation by Planning Commission. Member: Re-appointment of Jim Schultz and appointment of Kir* Rosenberger- , Park Commission Appointments: Chairperson: Vice-Chair: Members: Jim Andrus Jim Wilson Jim Andrus. Mark Laberee Weed Inspector: Mayor Brancel Assistant Weed Inspector - Dennis Johnson Blanket Bond (Official Bonds) Whittaker explained that this bond covers the staff and Councilmembers who handle checks. Councilmember Stover asked if other staff members are covered by this bond. Whittaker said they are covered by errors and omissions insurance. This bond covers those who handle City money. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 1-91 "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 1991." Motion carried - 5/0 on a roll call vote. ORGANIZATION OF MEETINGS A. Discuss change of meeting time to 7:00 P.M. Gagne moved, Stover seconded to approve the starting time for City Council meetings to be 7:00 P.M. Motion carried - 5/0 B. Roberts Rules of Order - Rule 10 and 11 (11:00 Rule) Daugherty moved, Gagne seconded to adopt Rule 10 of Roberts Rules of Order (adjournment of the meeting) at 10:00 P.M. Motion carried - 4/1 (Stover) Gagne said the Council has never formally adopted Roberts Rules of Order. Brancel said she would like to consider adopting the Rules. Froberg said previous Councils have taken the position that they have more flexibility without adopting Roberts Rules. He also said that Roberts Rules are not part of the City's by- laws and if they are adopted they should be made part of the by-laws. CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY, JANUARY 7, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 .-Planning Commission Appointments: . Chairperson: hold pending recommendation by Planning Commission. Member: Kirk Rosenberger 1\ Park Commission Appointments: Chairperson: Vice-Chair: Members: Jim Andrus Jim Wilson Jim Andrus, Mark Laberee Weed Inspector: Mayor Brancel Assistant Weed Inspector - Dennis Johnson Blanket Bond (Official Bonds) Whittaker explained that this bond covers the staff and Councilmembers who handle checks. Councilmember Stover asked if other staff members are covered by this bond. Whittaker said they are covered by errors and omissions insurance. This bond covers those who handle City money. . Gagne moved, Stover seconded, to adopt RESOLUTION NO. 1-91 "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 1991." . Motion carried - 5/0 on a roll call vote. ORGANIZATION OF MEETINGS A. Discuss change of meeting time to 7:00 P.M. Gagne moved, Stover seconded to approve the starting time for City Council meetings to be 7:00 P.M. Motion carried - 5/0 B. Roberts Rules of Order - Rule 10 and 11 (11:00 Rule) Daugherty moved, Gagne seconded to adopt Rule 10 of Roberts Rules of Order (adjournment of the meeting) at 10:00 P.M. Motion carried - 4/1 (Stover) .~ Gagne said the Council has never formally adopted Roberts Rules of Order. Brancel said she would like to consider adopting the Rules. Froberg said previous Councils have taken the position that they have more flexibility without adopting Roberts Rules. He also said that Roberts Rules are not part of the City's by- laws and if they are adopted they should be made part 9f the by-l aws . * ,r\ de (!I~C, (:\,\ '..) . , I) t ' ..J, '.#~ \/ (" CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY. JANUARY 7. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 . Councilmember Lewis said it was not necessary to adopt the Rules. Brancel asked the will of the Council. The Council agreed not to adopt Roberts Rules, but use them as a guide. C. Executive Summary of Council Packets Brancel said she would like to see an Executive Summary or synopsis in the Council Packets. The Summary would contain a paragraph describing each item on the Agenda. If the Councilmembers wanted more detail on an item, they could read the information in the packet. Daugherty said a quick glimpse of each agenda item would be a good idea. Gagne said he prefers to read all the information. Stover asked who will be responsible for compiling this summary'? Brancel said the Administrator will be responsible. Lewis said he would like to see the staff's opinions. Whittaker said the summary will be more than one page. Stover said she would like to see the staff's opinions remain neutral. . Lewis moved. Gagne seconded. to add an Executive Summary to the Council Packets. Motion carried - 5/0. D. Agenda Additions and Handouts Brancel said she would not like any action items added to the Agenda. Planner Nielsen said that residents usually ask to be added at the last minute so they do not have to wait weeks to obtain Council approval. He said the policy has been to have requests for Council approval submitted 10 days prior to the meeting. He said residents get angry if they have to wait. Whittaker said some items could be done administratively, rather than through the Council. Stover said that previous Councils had decided not to take action on a request from the floor of the Council meeting until the Staff had time to review the matter. Lewis said minor items should be added to the agenda but with more discretion. Brancel asked the will of the Council. The Council agreed to leave the policy as is. .--E. Televise All Meetings Brancel said the City is often viewed as secretive and she would like all City Council Meetings televised. Stover wanted to know if the Cable station can handle televising ,'I. CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY. JANUARY 7. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 . all the meetings. She does not want to see a meeting delayed because it cannot be televised. Gagne moved. Brancel seconded. to televise all the City Council Meetings. Motion carried - 5/0. F. Distribution of Information Brancel said she would like to see a decrease in the amount of information distributed to the Council members. She said they often received duplicate information from other government agencies. Whittaker said the Staff often does not know if the Council- members are receiving the information. He said they could start compiling a list of organizations that are sending information directing to the Councilmembers. G. Hiring . Brancel wanted the Council to approve a policy requiring a 4/5 vote to hire or fire an employee of the City. She said this had been an informal policy of the Council, but she would like to see it formalized. Gagne said that if 4 out of 5 Councilmembers approve an employee, then the employee knows where he stands. Gagne moved. Stover seconded. to approve a policy requiring a 4/5 vote for hiring and firing of employees. Motion carried - 5/0. RECONSIDERATION OF RESOLUTION NO. 138-90 "A RESOLUTION APPROVING THE PAY PLAN AND EMPLOYEE PAY.ADJUSTMENTS FOR 1991" RESOLUTION NO. 2-91 Brancel said she asked the League of Cities about rescinding the Resolution and was told it can be rescinded. Froberg said according to Roberts Rules of Order a member of the prevailing side must entertain the motion for reconsideration, however, the Council has not adopted Roberts Rules of Order. Brancel said she would like to review individual salaries before approving a pay plan. Gagne moved. Lewis seconded. to reconsider Resolution No. 138-90 II A Resolution Approving the Pay Plan and Employee Pay Adjustments for 1991". .Motion carried - 4/1 (Stover) Brancel said she asked for the reconsideration because Stover is the only member of the current Council who voted for the increase. She said it should be considered by the current Council. ~.;.:.) CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING MONDAY. JANUARY 7. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 .~agne said he agrees there should be pay Increases but not this pay plan. Gagne moved. Brancel seconded. to adopt RESOLUTION NO. 2-91 "A Resolution Rescinding Resolution No. 138-90." Motion carried - 4/1 (Stover) Whittaker said if any Councilmember wants to discuss individual pay increases, he would be glad to do so. The Council said they will discuss the pay Increases at the Jan. 14, 1991 City Council Meeting. ADJOURNMENT The meeting was adjourned to an Executive Session at 8:40 to consider personnel matters and pending litigation brought against the City by Robert Snyder and James J. Hare. RECONVENE MEETING The meeting was reconvened after Executive Session at 9:30 P.M. .~. Mayor Brancel announced that City Administrator Lawrence Whittaker's ~ performance had been discussed, centering on attendance. Mayor Brancel further announced that the Council had voted to terminate Mr. Whittaker's employment, effective immediately, without cause and with severance and unused vacation pay as provided by Paragraph 10 of Whittaker's employment contract. As to the Snyder litigation, Mayor Brancel announced that a settlement proposal was under consideration by the Council and that the matter would be taken up again at the next Council meeting on January 14th. ADJOURNMENT Gagne moved. Stover seconded. to adjourn the meeting at 9:32 P.M. Motion carried - 5/0. RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary . 6