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011000 CC Reg Min . . . ~ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, JANUARY 10,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. 1. CONVENE CITY COUNCIL MEETING Councilmember Garfunkel, acting as Mayor, called the meeting to order at 7:02 P.M. A. Roll Call Present: Councilmembers Garfunkel, Lizee, and Zerby; Sharla Wahlgren for City Attorney Keane; Finance Director Rolek; Planning Director Nielsen; Public Works Director/Engineer Brown Absent: Councilmember Stover; Mayor Love B. Review Agenda Director Nielsen asked Item 5B be postponed to the January 24, 2000, Regular City Council Meeting as Matt Pike was not able to be present at this meeting. Also, a report of the December 15, 1999, Executive Session titled, A Report of the Executive Session, December 15, 1999, Relating to Approval of a Separation Agreement for City Administrator needs to be added(See Item 7G). Nielsen also added Item 6A be postponed until the January 24, 2000, meeting as well, because Council would not be able to be vote on it as a 4/5 vote is required, and that was not possible after noting attendance for this evening. He stated Council could discuss item 6A, but could not act upon it. Councilmember Garfunkel stated he would like to discuss item 6A this evening. Also, he asked item 3G be removed and moved to 7G. Councilmember Zerby asked item 9B be removed due to the Mayor's absence. Lizee moved, Zerby seconded, accepting the agenda as amended. Motion passed 3/0. C. Motion to Adopt a Resolution Making Appointments Councilmember Garfunkel questioned whether representatives were available for appointment for the Affiliated Organizations. Director Nielsen stated interviews were taking place for these positions. However, the Lake Minnetonka Conservation District and Lake Minnetonka Cable Commission positions were not due until February, 2000, and the Minnetonka Community Services position was not due until Summer of 2000. Councilmember Zerby questioned whether the Park Foundation needed to be part of this list for the year. Director Nielsen stated he thought the Park Foundation made their own appointments but would check into this matter. CITY COUNCIL REGULAR MEETING MINUTES January 10, 2000 - PAGE 2 . Council member Garfunkel stated he has difficulty attending the Lake Minnetonka Cable Commission meeting due to time constraints. Councilmember Zerby offered to attend those meetings in his place, and noted this needed to be changed on the Resolution Making Appointments to Certain Offices and Positions Within the City of Shorewood for the Year 2000. Zerby moved, Lizee seconded, adopting RESOLUTION NO. 00-01, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2000." Councilmember Garfunkel expressed concern about the Sun Sailor acting as the official newspaper. Garfunkel stated there may be potential conflict of interest because the Sun Sailor is an entity which has the ability to influence Shorewood's elections. Councilmember Zerby stated it would be wrong to boycott a newspaper because it has an opinion about elections. Council member Lizee stated the Sun Sailor is a local paper with access for all of Shorewood residents, and she has no problem with this being the City's official paper. Zerby moved, Lizee seconded, accepting all appointments except the appointment of the Official Newspaper, for the Year 2000. Motion passed 3/0. . Zerby moved, Lizee seconded, adopting RESOLUTION NO. 00-02, "A Resolution Appointing the Sun Sailor as the Official Newspaper, with back-up to be found in The Laker, for the Year 2000." Councilmember Zerby questioned what alternative paper could be used for official notices that would serve the Island area of the City. Councilmember Garfunkel suggested the Lakeshore Weekly News. Councilmember Lizee noted this paper has endorsements as well. Councilmember Garfunkel stated he strongly believes the City should not be sending City dollars to any business that takes a position on individual candidates in an election. Motion passed 2/1, with Garfunkel opposed. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes December 13, 1999 Lizee approved, Zerby seconded, approving the Regular Meeting Minutes for December 13, 1999, as amended on Page 5, Paragraph 4, change "would like extend the deadline of hiring until" to "would like to extend the deadline of hiring of Executive Secretary/Deputy Clerk Position until." Also, Director Rolek suggested adding the amount of $500.00 to the Approval of the Request for Donation for the South Lake War Memorial on Page 7 under discussion on Item 7 A. Motion passed 3/0. B. City Council Special Meeting Minutes December 15, 1999 . . . . CITY COUNCIL REGULAR MEETING MINUTES January 10,2000 - PAGE 3 Lizee approved, Zerby seconded, approving the Special Meeting Minutes for December 15, 1999. Motion passed 3/0. 3. CONSENT AGENDA Zerby moved, Lizee seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Authorizing Revised Job Descriptions for Liquor Operations (Removed from the Consent Agenda for further discussion and consideration.) B. A Motion Adopting RESOLUTION NO. 00-03, "A Resolution for Change Order Number 1 for Trunk Highway 7 Access Closures." C. A Motion Adopting RESOLUTION NO. 00-04, "A Resolution Accepting the Proposal from Munitech, Inc. for the Year 2000" D. A Motion Adopting RESOLUTION NO. 00-05. " A Resolution Approving Refuse Hauler Licenses for the Year 2000" E. A Motion Approving An Agreement for Legal Services F. A Motion Adopting ORDINANCE NO. 360, "An Ordinance Amending Chapter 1300-License, Permit, Service Charges and Miscellaneous Fees" G. A Motion to Adopt a Resolution Accepting the Resignation of the City Administrator/Clerk and Appointing an Acting Administrator/Clerk (Removed from the Consent Agenda and moved to Item 7G.) Motion passed 3/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor. 5. PARKS-Report by Representative A. Report on Park Commission Meeting Held December 14, 1999 Commissioner Themig reported on the matters considered and actions taken at the December 14, 1999, Park Commission meeting(as detailed in the minutes ofthat meeting.) Councilmember Garfunkel questioned if Mark Koegler's role had been expanded to include facilitator. Commissioner Themig responded the Commission was looking for an unbiased liaison who has experience in mediating and facilitating groups, and Mark Koegler was able to expand his role to be helpful in this process. CITY COUNCIL REGULAR MEETING MINUTES January 10, 2000 - PAGE 4 . Councilmember Lizee requested an update about the Park Foundation brochure related to fundraising and noted the Council had not received any updates about joint meetings held between the Park Commission and the Park Foundation. She suggested meeting with the Park Commission and Gordy Lindstrom and Bill Keeler from the Park Foundation to reopen dialogue about these issues possibly sometime in February, 2000. Councilmember Zerby asked about discussion on considering membership for the Minnesota Recreation and Park Association. Commissioner Themig provided background on this association and stated the cost of membership per year is $220. Councilmember Lizee suggested this be part of the discussion on the January 24, 2000, agenda. B. Presentation on Skate Park Request by Matt Pike This item was postponed until the January 24, 2000, Regular City Council Meeting. 6. PLANNING-Report by Representative Commissioner Turgeon reported on the matters considered and actions taken at the January 4, 2000, Planning Commission meeting(as detailed in the minutes of that meeting.) A. Consideration of a Motion to Adopt a Resolution Approving the Comprehensive Plan . Director Nielsen stated he had sent out revised text for the trail section of the map. He also plans to revise the Trail Concept Map. He noted the Planning Commission had recommended to do away with the designation of priority route on the map. This had not been done on the most recent copy of the Comprehensive Plan. Also, notation had been changed from "potential trail" to "possible trail" on the map as discussed at the most recent Park Commission meeting. He also noted the Park Commission had walked most of the trails, and the Commission suggested that indication of status on the trails be marked on the map. A color version showing status indications of the trail portions of the map is also being completed. Councilmember Garfunkel commented there were four designations that could possibly be used for the map-1 )existing, 2)actively under consideration, 3)to be studied in the future, and 4) has been studied or no priority. 7. General A. Discussion on Reorganization of Staff Positions Director Nielsen provided background on staff decisions relating to reorganizing the positions listed below at City Hall. 1) A Motion Accepting the Job Description for Planning AssistantIW ebsite Developer . . . . CITY COUNCIL REGULAR MEETING MINUTES January 10,2000 - PAGE 5 2) A Motion Authorizing Appointment of Pamela Helling as Planning Assistant/W eb Developer 3) A Motion Accepting the Job Descriptions for ReceptionistJPark Secretary and Receptionist/Secretary 4) A Motion Authorizing Appointment of Twila Grout as ReceptionistJPark Secretary 5) A Motion Accepting the Job Description for Engineering Technician 6) Consideration of a Motion Authorizing the Advertisement of a Full- Time Receptionist/Secretary Councilmember Garfunkel questioned whether the 2000 budget included the salaries for these positions. Director Rolek noted the General Fund Budget included full time positions for Planning Assistant, Receptionist/Park Secretary, and Receptionist/Secretary, but did not include the engineering technician position anywhere in the budget. Engineer Brown recommended the technician's salary be funded from the Utility Fund Budget for this year. Councilmember Lizee asked where the technician's salary would be funded in the budget for 2001. Engineer Brown noted that the bulk of the technician position would include managing utilities and thus, it may make sense to be funded from the Utility Budget for the following year. Councilmembers Zerby and Lizee noted this was an excellent idea and good use of the Utility fund. Zerby moved, Lizee seconded, adopting Items 7 AI, 2, 3, 4, 5, and 6. Motion passed 3/0. Councilmember Lizee noted that she appreciated the time it took for staff to reorganize these positions. Also, she stated she knows the City has talented, capable people working at City Hall, and she is glad they are staying. B. Set a Date for Work Session on Issues and Goals for 2000/Review 1999Goals A Study Session was scheduled for January 20, 2000, at 7:00 P.M. at City Hall. Interviews will be conducted for the various Commission positions at the January 20, 2000, meeting as well as at 6:30 P.M. prior to the January 24, 2000, Regular City Council Meeting. C. A Motion Authorizing AT&T Wireless Services to Apply for a Conditional Use Permit for Telecommunications Equipment on the Minnewashta Water Tower Director Nielsen related background about this matter. He noted there is a meeting scheduled to talk with AT&T about an equipment building on the premises, so future equipment could be housed in a singular building big enough to hold all equipment rather than a number of small buildings on this site. Zerby moved, Lizee seconded, Authorization of AT&T Wireless Services to Apply for a Conditional Use Permit for Telecommunications Equipment on the Minnewashta Water Tower. Motion passed 3/0. . . . CITY COUNCIL REGULAR MEETING MINUTES January 10, 2000 - PAGE 6 D. Consideration of a Motion to Approve Installation of a Street Light at Driveway Entrance to Southshore Center Lizee moved, Zerby seconded, Approving Installation of a Street Light at Driveway Entrance to Southshore Center. Motion passed 3/0. E. Consideration of a Motion to Adopt a Resolution Concerning the Special Fire Department Review Committee Director Nielsen provided background on this matter. He noted Mayor Love felt strongly this should be adopted and be forwarded on to Excelsior, so work could continue in this matter. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 00-06. "A Resolution Concerning the Special Fire Department Review Committee." Motion passed 3/0. F. Discussion on Extending the Hennepin County Assessing Agreement Lizee moved, Zerby seconded, continuing discussion of this matter to the January 20, 2000, Study Session and then to the January 24, 2000, Regular City Council Meeting. Motion passed 3/0. G. A Motion to Adopt a Resolution Accepting the Resignation of the City Administrator/Clerk and Appointing an Acting Administrator/Clerk and A Report of the Executive Session for December 15, 1999, Relating to the Approval of a Separation Agreement for City Administrator(This item was removed from the Consent Agenda for discussion and consideration.) Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-07, "A Resolution Accepting the Resignation of the City Administrator/Clerk and Appointing an Acting Administrator/Clerk." Councilmember Garfunkel provided a personal interpretation of the December 15, 1999 Executive Session. In reference, he noted this was not a volunteer resignation and provided chronology on this matter. Councilmember Zerby questioned Sharna Wahlgren, sitting in for Attorney Keane, about the legality of reporting on an executive session. Attorney Wahlgren responded, legally, only the topics of the session must be disclosed. However, should a council member decide to go beyond just the topic the entire contents of the executive session become public record. She also stated this is possible, but not typical, as the purpose of the executive session then becomes void. Councilmember Garfunkel noted he brought this matter forward because a decision was made and the public deserves to know who made it. He also does not agree with how it was handled. He further noted there is now a financial issue before the City that might not be there if this matter had been handled differently. . . . .. CITY COUNCIL REGULAR MEETING MINUTES January 10,2000 - PAGE 7 Councilmember Zerby noted the City Administrator position was a one year term with an annual renewal process. He noted this process was followed. In addition, he was discouraged by the choice to make the contents of the Executive Session for December 15, 1999, a matter of public record. Councilmember Zerby questioned the Executive Session in December, 1998, where changes had been made in the renewal process for this position. Councilmember Garfunkel declined to report on the December, 1998, meeting. Motion passed 3/0. Director Nielsen noted there was action taken at the December 15, 1999, Executive Session and thus, there is an obligation to report on this meeting. He stated this report was given to him by Attorney Keane and noted the following actions taken: 1) The City Council agreed to accept the City Administrator's resignation effective December 31, 1999. 2) The City Council agreed to pay severance consistent with the employment agreement that was in place at that time. The severance package was approved by a five to zero vote by the City Council. Councilmember Garfunkel noted there is a financial consideration to the City in this matter and the public should be aware of it. 8. ENGINEERING/PUBLIC WORKS A. Shorewood Ponds Water Loop Feasibility Report Engineer Brown reviewed the contents of Shorewood Ponds Water Loop Feasibility Report and provided background on the three alternatives found within this report. Due to technical difficulty, the meeting was recessed at 8:45 P.M. Thanks to Engineer Brown, the meeting was reconvened at 8:46 P.M. Lizee moved, Zerby seconded, continuing the Shorewood Ponds Water Loop Feasibility Report until the financial impacts can be incorporated into Water Fund Projections. Motion passed 3/0. B. Discussion of the Gideon's Glen Wetland Delineation Report Engineer Brown noted this should be a motion accepting this report in the agenda and apologized for the error. In addition, he provided background on this wetland area. He noted three wetlands were delineated. Staff is pursuing an appraisal of subject property just north of Floors Plus allowing concept designs to be drawn to begin to weigh pros and cons as well as cost and potential benefits for subject property. . . . .... CITY COUNCIL REGULAR MEETING MINUTES January 10,2000 - PAGE 8 Lizee moved, Zerby seconded, Accepting the Gideon's Glen Wetland Delineation Report provided by WSB. Motion passed 3/0. 9. REPORTS A. Administrator and Staff Discussion Regarding Bo Witrak Letter of December 13, 1999, in Addressing the Deer Population at Minnetonka Country Club Director Nielsen reported this letter has been forwarded to the Land Conservation and Environment Committee. He noted a community survey may be one suggestion in addressing this problem. Councilmember Zerby also suggested contacting the DNR as one possibility in finding a solution to this problem. Y2K Update Engineer Brown happily reported there were no failures in equipment or software entering the new rnillenium. B. Mayor and City Council Report on Fire Department Review Committee Meeting Held December 14, 1999 This item was removed from the agenda due to the Mayor's absence. 10. ADJOURNMENT Lizee moved, Zerby seconded, adjourning the Regular Meeting at 8:57 P.M. subject to the approval of claims. Motion passed 3/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary