01-03-11 CC Special Mtg MinCITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, JANUARY 3, 2011
MINUTES
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:00 A.M.
City Administrator /Clerk Brian Heck administered the Oath of Office to newly elected Mayor
Christine LizBe and Councilmembers Laura Hotvet and Debbie Siakel.
1. CONVENE CITY COUNCIL SPECIAL MEETING
Mayor Liz& called the meeting to order at 8:03 A.M.
A. Roll Call
Present: Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; City Administrator
Heck; Planning Director Nielsen, City Engineer Landini, and Finance Director DeJong
Absent: None
B. Review Agenda
Woodruff moved, Zerby seconded, to continue Item 2.0 to the Executive Session of
January 10, 2011.
Zerby moved, Woodruff seconded, to approve the remaining items on the Consent Agenda.
Liz& reviewed the remaining items on the Consent Agenda and asked if there were any
questions or comments.
Woodruff requested discussion on Item 2.13, noting a vote was not taken to approve the Agenda
for the meeting.
Liz& asked Heck for clarification on the motions made.
Heck clarified a motion to approve the remaining items on the Consent Agenda was made;
however, a motion to approve the amended Agenda was not made.
Zerby withdrew his motion to approve the remaining items on the Consent Agenda.
Woodruff requested Item 2.13 be moved from the Consent Agenda for discussion under
General/New Business.
Zerby moved, Woodruff seconded, approving the Agenda, as amended.
Motion passed 5/0.
SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES
January 3, 2011
Page 2 of 5
2. CONSENT AGENDA
Siakel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolutions Therein.
A. Adopting RESOLUTION NO. 11 -001. "Setting the 2011 Regular City Council
Meeting Schedule for the City of Shorewood."
B. Making Appointments to Certain Offices and Positions within the City of
Shorewood for the Year 2011 (This item was removed from the Consent Agenda to
General/New Business)
C. 2011 Salaries (This item was removed from the Consent Agenda and continued to
January 10, 2011, Executive Session)
D. Recording Secretary Contract
Motion passed 5/0.
3. GENERAL /NEW BUSINESS
A. Making Appointments to Certain Offices and Positions within the City of
Shorewood for the Year 2011
This item was removed from the Consent Agenda at Councilmember Woodruff s request
Woodruff stated that the resolution being considered this morning recommends a resident be appointed to
the Lake Minnetonka Conservation District (LMCD), noting this position was filled two years ago for a
three -year term. Woodruff indicated a need to take action to remove the person currently in that position
before appointing someone else, noting he was the individual appointed to this position.
Zerby indicated he felt that a resident should fill this position, noting enough councilmembers serve on
other boards, and Shorewood can utilize knowledgeable residents to represent the city on other boards.
Attorney Tietjen clarified that these are appointed positions which serve at the pleasure of the Council,
and the act of appointing another individual would have the effect of removing the person currently in the
position; no formal action is needed to remove the person currently in that position.
Woodruff encouraged the Council to consider a councilmember appointment to the LMCD. He indicated
this Board is a little different than others, noting this organization represents the city in making law,
enforcing regulations and taxing residents. He felt it very important that the Council perspective be
brought to the LMCD discussions and encouraged a councilmember to consider volunteering for this,
rather than appointing a resident.
Zerby moved, Siakel seconded, adopting RESOLUTION NO. 11 -002 "Making Appointments to
Certain Offices and Positions within the City of Shorewood for the Year 2011."
The following persons are appointed to the following offices and positions:
SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES
January 3, 2011
Page 3 of 5
a. Acting Mayor: Scott Zerbv
Council Representatives to:
b. Park Commission Liaison:
January — June 2011: Laura Hotvet
July — December 2011: Scott Zerbv
C. Planning Commission Liaison:
January — June 2011: Debbie Siakel
July — December 2011: Richard Woodruff
d. Metro Cities (AMM): Richard Woodruff
e. Alternate Metro Cities (AMM): Brian Heck
f. Lake Minnetonka Communications Commission: Scott Zerbv
g. Coordinating Committee South Lake Minnetonka Police
Department: Mavor
It. Alternate to Mayor on Coordinating Committee South Lake
Minnetonka Police Department: Debbie Siakel
i. Excelsior Fire District Board Member: Scott Zerbv
j. Alternate Excelsior Fire District Board Member: Laura Hotvet
k. Investment Committee: Recommend holding off appointments
1. Personnel Committee: Mayor Christine Lizee and Debbie Siakel
m. Weed Inspector: Mayor Lizee
n. Assistant Weed Inspector: Joe Lugowski
2. That the following other appointments are made:
a. Minnehaha Creek Watershed District Liaison: resident
b. Riley Purgatory Bluff Creek Watershed District Liaison: resident
C. Lake Minnetonka Conservation District resident
d. Lake Minnetonka Communications Commission: Ken Hendrickson
e. Minnetonka Community Education (two -year appt): Tad Shaw
f. City Attorney: to be discussed
g. City Prosecutor: Ken Potts
It. Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey
3. Official Depositories: Beacon Bank 4M Fund & other Depositories as necessary
SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES
January 3, 2011
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4. Official Newspaper: Sun Sailor. Notices may also be published in the Laker
That the Blanket Bond (Official Bonds) is approved.
That such appointments shall take effect on the date hereof and shall continue for the remainder
of the year or until such time as a successor is appointed by the City Council.
Motion passed 4/1, with Woodruff dissenting.
B. City Attorney
Lizee moved, Zerby seconded, to pursue a one -year contract for civil attorney services from Tim
Keane, of Malkerson, Gunn, and Martin, LLP, subject to approval of services at the first Regular
Council meeting on Monday, January 10, 2011.
Lizee noted that Mr. Keane has 16 years of experience as Shorewood City Attorney. She has known and
worked with Mr. Keane since her days as a Planning Commissioner and is confident of his talents and
professionalism. His experience includes the formation of many of Shorewood's ordinances,
Comprehensive Plan, Joint Powers Agreements, and the successful legislative passage of the zero
phosphorus fertilizer in Minnesota. Mr. Keane has maintained relationships with city staff, and has built
positive associations with our neighboring communities, which is critical in this time of community
building and working to share efficiencies. She is confident of his ability to provide exceptional guidance
in matters to be considered in 2011, such as updates to the Police Joint Powers Agreement and other
legislative matters.
Woodruff indicated that Mary Tietjen of Kennedy & Graven has served as City Attorney for the past two
years of a three -year contract. Kennedy & Graven was chosen two years ago when the city requested
bids. Mr. Keane was one of four or five firms that submitted a bid, There is one -year left on that contract
and Kennedy & Graven, and he sees no reason to replace Kennedy & Graven at this time, as they have
provided the service expected at the cost anticipated. He fully supports the Council seeking bids for
2012.
Lizee indicated the City Attorney serves at the will of the Council, and a contract can be changed at any
time for legal services. Lizee reiterated that the appointment of Tim Keane of Malkersen, Gunn and
Martin, LLP, be subject to approval of services to be reviewed at the January IQ 2011, Regular Council
meeting.
Zerby indicated he served for many years with Mr. Keane, and feels Mr. Keane will serve the city well.
Heck noted there is a hearing on Wednesday, January 5, regarding the Johnson case, which Kennedy &
Graven is currently handling. He recommended Kennedy & Graven continue on that case.
Lizee indicated she assumed Kennedy & Graven would continue to serve the City of Shorewood until
Attorney services are contracted and agreed to.
Motion approved 4/1, with Woodruff dissenting.
CITY COUNCIL SPECIAL MEETING MINUTES
January 3, 2011
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4. ADJOURN
Hotvet moved, Siakel seconded, Adjourning the City Council Special Meeting of January 3, 2011,
at 8:20 A.M. Motion passed 510.
RESPECTFULLY SUBMITTED
Brian Reek, Recorder
Christine Lizee, Mayor
ATTEST