CITY COUNCIL MEETING MINUTES April 21, 2014 at 7:00pm
CITY COUNCIL MEETING MINUTES April 21, 2014 at 7:00pm 1) Call to Order Hunt called the meeting to order at 7:00pm. a) Pledge of Allegiance b) Introductions Present: City Council: Acting Mayor Anne Hunt, Mark Vanderlinde, Arlene Donahue and Bob Christians Staff: City Administrator Mike Funk, Assistant City Administrator Michael Barone, Community Development Director David Abel, Finance Director Brian Grimm, Police Chief Paul Falls, City Clerk Terri Haarstad Consultants: City Attorney Sarah Sonsalla (Kennedy and Graven) and City Attorney Mary Tietjen (Kennedy & Graven) Absent: City Engineer Mark Erichson, WSB c) Approval of Agenda Motion by Donahue second by Christians to approve the agenda as amended. Motion carried 4 – 0. Add Item 6h; SRO Discussion Add Item 6i; A Statement from the City Council 2) Persons to Be Heard David Kolb (1045 Deer Creek Road) commended the Council for their commitment to allowing individuals to speak. He lamented the resignation of Mayor Fischer, cited derogatory excerpts from communication from supporters of Council members, expressed concern about liability to residents, implored the Council to correct a hostile work environment and improve the atmosphere pervading the City. He asked the Council to apologize to Mayor Fischer, suggested the Council publicly rebuke people who have made and distributed offensive comments and expressed hope that the City does not lose staff. Russ Fischer (940 Bayside Lane) spoke in favor of gravity filtration and pointed out that the project could be begun to retrofitted for Reverse Osmosis later. He expressed concern about potential conflicts of interest between Council members, Wigen Water technologies and Bolton and Menk. He read excerpts from emails from an employee of Wigen Water to City Council members and expressed concern that City business appeared to be done secretly and out of the public eye. He suggested that Council members are not complying with the MN Government Data Practices Act. He requested the City Council immediately stop all work with Bolton and Menk and Wigen Water and requested the immediate resignation of all Council members. Jerry Wigen (6841 Cardinal Cove Dr) spoke regarding the water treatment. He stated that WSB contacted Wigen Water to gather information about reverse osmosis. He
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informed the City Council that he is no longer owner of Wigen Water. He retired and sold his business to his son, Jeff. Additionally, he asserted that in a private conversation, Bret Weise from WSB claimed to have a consortium of engineering firms he could leverage to blackball Wigen Water. He continued to speak against WSB and Associates. Vanderlinde took issue at Fischer’s assertion that he has not complied with the MN Government Data Practices Act. He informed Fischer that he has submitted all requested materials to staff for review and invited Fischer to come to his home to look for data in person. Fischer declined. George Zenanko (900 Co Rd 92 N) asked for clarification regarding the financing of the SRO position. He suggested that the contract with the Gillespie Center be cancelled and that the money instead be used to fund a public safety officer for the school. He also spoke in favor of staff and expressed concern about rumors that the Council intended to let some staff members go. Jane Norling (5450 Ridgewood Cove) filed a formal request with the city attorney for an investigation of the current City Council regarding noncompliance with the MN Government Data Practices Act, instances of liable, conflicts of interest, violations of due process and open meeting law violations. Tom Notch thanked the Council for their work and for their initiative. He provided his credentials as an engineer and encouraged the Council to continue their work with Bolton and Menk regarding the water treatment plant. He spoke regarding the school resource officer (SRO) position and encouraged the Council to hold firm on the $58/hour reimbursement request. He cited student to SRO staff ratios used by neighboring school districts. He recommended the City Council consider allowing the Orono Police Department to fully staff the SRO position. He asserted that the school can afford the funding request and expressed concern about equity for Minnetrista residents whose homes are not in the Westonka School District boundaries. He also expressed concern about liability issues if the City does not provide similar SRO services to other school districts that serve the City. 3) Special Presentations a) Caroline Brooks, Meals on Wheels Brooks distributed flyers to the Council and audience. She described the Wheels for Meals program and invited everyone to participate in a bike ride fundraiser that was happening on Saturday, May 17, 2014. 4) Consent Agenda a) Accept Resignation of Mayor Cheryl Fischer b) Approve Special Meeting Minutes from April 4, 2014 c) Approve Regular Meeting Minutes from April 4, 2014 d) Resolution No 35-14 Scenic By-Way Support e) Resolution No. 36-14 Approving Full-time Status for Nick Rettke, Public
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Works Maintenance Worker f) Resolution No. 37-14 Awarding Contract for Seal Coating Project Motion by Vanderlinde second by Donahue to approve the consent agenda as presented. Motion carried 4-0. 5) Public Hearings - None 6) Business Items a) Discussion regarding a Mayoral Appointment through December 31, 2014 Sonsalla presented the staff report found in the packet dated April 21, 2014. Motion by Christians second by Donahue to appoint Council member Hunt as Mayor through December 31, 2014. Motion carried 3 – 0. (Hunt abstained.) Discussion included: Whether or not to fill the vacant Council seat by soliciting applications and conducting interviews in a manner similar to Commissioner appointments Timeline of advertising Motion by Vanderlinde second by Donahue to advertise three weeks that the City is accepting applications to fill the Council vacancy beginning advertising in The Laker’s Saturday April 26, 2014 edition with interviews to be conducted during the May 19, 2014 Special Meeting at 5:30pm. Motion carried 4 – 0. By unanimous consent, the Council directed staff to notify applicants for Council that they have the option of submitting a resume along with their application. b) Resolution No. 38-14 Council Request for State Audit Hunt presented the report found in the City Council packet dated April 4, 2014. Grimm notified the Council that he spoke with Tom Carlson from the State Auditor’s Office who told him that the City would be charged $60 - $100 per hour depending on the scope the Council is looking for. He also pointed out that the City has had three different auditing firms examine the City’s finances as part of the annual auditing process over the past eight years and all have found the City’s finances to be in impeccable order. Sonsalla confirmed that state statute requires the City to reimburse the State Auditor’s Office for all costs and expenses. The Council clarified that they have confidence in financial staff and City accounting practices and that the request for a state audit has to do with billing practices of City vendors, price inflation and collusion by City vendors and City hiring practices. Barone address the citizen assertion that the City engaged in unfair hiring practices. He explained the hiring practices that the City uses, explained PERA and how government employee retirement plans work both in general and in regard to former Community Service Officer Steve Gale, the employee a citizen was concerned about.
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The Council commended Gale’s performance and clarified that it was only the City hiring practices and retirement policies at issue. Hunt withdrew her request for a state audit pending information regarding how much it was going to cost the City and indicated her intent to remove the investigation of hiring practices and retirement policies from the request. c) Woodland Cove Phase 1 Matt Van Slooten (Woodland Cove President) explained that they built the berm according to the plans approved by the City as part of the Preliminary Plat approved in the fall of 2011. He understands that now that it is built, residents and Council members are not happy with it and want changes. As such, he is looking for direction. Gary Gregg (4100 Kings Point Rd) spoke against behavior displayed at the Council meeting and encouraged people to respect public office. He also expressed his feeling that what he was promised was not delivered. Discussion included: Whether or not a verbal promise made for construction of a 6’ berm with 14’ Norway Spruce was included in the preliminary plat The fact that the Council missed this discrepancy in the plans An apology to Mr. Gregg Reasons for Black Spruce being substituted for the Norway Spruce Paul Robinson (Woodland Cove) used his notes from historical Woodland Cove planning meetings to explain the negotiation process for the berm. He indicated that his notes show the original request was for a ten foot berm with ten foot trees. He stated that a verbal agreement had been made for a five foot berm with fifteen foot trees to get to a total of twenty feet. Accordingly, this was drawn into the plans and was formally presented to the City Council. He reminded the Council that the Greggs were in attendance at the Public Hearing but did not speak of an issue or concerns about the berm. Van Slooten pointed out that the City Council approved two sets of plans showing the berm that was built. He indicated that raising the berm a foot is problematic. It would require moving large trees and/or obtaining an easement from Gregg which he has refused to do. He stated that they have done their best to make Gregg happy, that a lot of people have put a lot of time and effort into this development and that they don’t want people to be unhappy. Additional discussion included: Whether the City Council needs to amend something to make the berm meet the criteria Mr. Gregg wants Whether or not additional sloping should be done on Mr. Gregg’s property or be entirely on the developer’s property Whether or not the developer would be willing to negotiate something different with Gregg
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 4 of 9
Funk summarized the process and informed the Council that the city can only enforce what has been approved. He stated that it is difficult to ask a developer to do something other than what was approved by the City. He recommended that, if the developer is amenable to the idea, the City Council request that the developer submit an amended grading plan. Sonsalla confirmed that the City is bound by the approved grading plans unless the developer is willing to voluntarily agree to something different. Gregg asked Tom Wolter (Mattamy Homes) to step outside and hash out details of an agreement. By unanimous consent, the City Council tabled this item until later in the meeting after Gregg and Wolter returned. d) Resolution No. ___ Appointing Planning Commissioner Motion by Vanderlinde second by Hunt to appoint Bob Pollman to fill the remainder of the Planning Commission position vacated y John Watson. Motion carried 4 – 0. e) Resolution No. ___ Accepting Bids and Award Contract for the Sealing of Test Well Located on the Woodland Cove Property Motion by Hunt second by Christians to table this until the May 5, 2013 meeting. Motion carried 4 – 0. f) Barricade at Glacier Road Funk explained the history of the breakaway barrier in Hunter’s Crest. The Council asked if Hunter’s Crest residents had been asked how they feel about it. Falls explained that there is a public safety reason for removing it. Todd Markus (4570 Merganser) spoke in favor of the removal of the barricade at Glacier Road. Motion by Vanderlinde second by Christians to support the removal of the breakaway barrier Motion carried 4- 0. Hunt called for a break at 8:36pm. Hunt reconvened the meeting at 8:45pm g) Review MN Government Data Practices Law Mary Tietjen introduced herself, commended staff and provided a summary of her credentials. i)
Recent Requests for Data Tietjen presented the memo provided in the City Council packet, gave an overview of data practices obligations and explained the difference between personal data and government data. She reminded the Council that should they come across additional documents responsive to the requests, they are
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obligated to provide them to the City Clerk. She stated that the City Clerk will work with Kennedy and Graven to determine if it is public or private data. She added that data requests become very complicated when government data is co-mingled with personal data. To this end she recommended that going forward the City Council limit their communications to use of their City issued email accounts and to minimize phone conversations between Council members to avoid serial meetings. Discussion included: Ways to streamline data retention Ways to automate the archival of data MN Records Retention Schedule for MN Cities Public and private data Transitory data The volume of data and time required to sort through data What type and how much communication is permitted between Council members without violating open meeting law Serial meetings and how to eliminate them Whether or not personal business with other Council members (such as construction related projects) violates open meeting law (not as long as City business is not mentioned.) Liability issues of Council members personal businesses when business devices are used for City business Whether or not accessing packets and emails on the Citrix Server from their home computer is problematic in terms of data (No since the data is stored on the City’s server, not the Council member’s computer) Staff time taken to process the data requests (solution is to minimize communications outside meetings) What is subject to the MN Government Data Practices Act (only data received or created by City staff or officials) Whether or not additional staffing is needed (Council directed staff to add this topic to the May 5th Special Council meeting agenda) ii)
City Council Technology Requests (Cell Phones and Computers) Motion by Vanderlinde second by Christians to direct staff to purchase cell phones without internet access for Council members. Motion carried 4 – 0. A heated discussion between the Council and individuals in the audience ensued.
h) Woodland Cove Phase 1 continued Tom Wolter stated that Gregg agreed to give Mattamy Homes an easement for them to construct a berm on his property and requested that the City Council give staff the ability to approve a modification of the grading plan to construct the berm for Mr. Gregg.
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Motion by Donahue second by Vanderlinde to permit David Abel to approve an amended grading plan to construct a berm with an easement granted by Gregg. Motion carried 4 – 0. i)
Request from Mattamy Homes to Extend Working Hours and Waiver of Weight Restrictions for Tree Planting Funk presented the report as found in the Council packet dated April 21, 2014. Chuck Klinefelter (Lan-De-Con) explained issues surrounding timing the planting of the trees. He explained that Gregg stated he was more concerned about the height of the trees than the timing of their planting. He requested the City Council approve the extension to make sure they can continue to work with Gregg. Wolter suggested they extend the working hours in relation to tree planting activities. Discussion included: Concerns about the warranty on the road if a waiver were granted Whether or not trees can be used with the temporary road off Highway 7 (a permit would be required by MnDOT) Whether or not Mr. Gregg would allow a time extension for the tree planting Motion by Hunt second by Christians to approve the extension of working hours for the planting of the trees related to the berm at Gary Gregg’s property but to deny the request related to a weight restriction waiver. Motion carried 4- 0.
j)
SRO Agreement Discussion Discussion included whether or not the Council had already approved this agreement Motion by Vanderlinde second by Christians to approve a contract with Westonka School District for the School Resource Officer for the years of 2014-2015 and 2015-2016. Motion carried 4 – 0.
k) Statement from the Council Motion by Vanderlinde second by Donahue to publish the statement from the Council presented by Hunt in the Minnetrista Messenger as written with the signatures of all Council members. Motion carried 4 – 0. 7) Administrative Items a) Resolution No. _____ Approving Claims Discussion included: The tax exempt status of the Gillespie property Invoices from WSB for seal coating (preparing bids and other contract management activities) and for the water treatment project (for work completed through February 18, 2014)
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 7 of 9
Motion by Donahue second by Vanderlinde to approve claims as presented. Motion carried 4 – 0. b) Council Reports i)
Mayor Anne Hunt – In light of added duties associated with servings as Mayor, Hunt informed the Council she would no longer be able to serve as the City’s representative on the LMCD. Motion by Hunt second to accept applications for individuals interested in serving (lakeshore owners preferred) as the City liaison to the Lake Minnetonka Conservation District (LMCD). Motion carried 4 – 0.
ii)
Mark Vanderlinde –He attended the Pioneer Sarah-Creek Watershed Management Commission meeting and asked the Council to visit their website and provide input regarding their proposal. He requested that the police officer on duty in the mornings to provide extra patrol in the area of Kings Point Road as he had received another complaint phone call regarding people on the construction site. Falls stated that message has been passed on and informed the Council that there is only one officer on duty at that time of day. He also encouraged the Council to have people call the police when there are issues so they can be handled promptly.
iii)
Arlene Donahue – None
iv)
Bob Christians – He attended the Westonka Community and Commerce (WCC) meeting and commended the Westonka DECA for their presentation regarding social media.
c) Staff Reports i) Upcoming Meeting Topics ii) Reminder of Upcoming Meetings a) May 5, 2014 5:30 Special Meeting b) May 5, 2014 7:00pm Regular Meeting Hunt suspended the meeting at 9:59pm to go into closed session for the purpose of giving the City Administrator’s his performance review pursuant to MN State Statutes § 13D.05 subd. 3a. 8) Closed Session for the City Administrator Performance Review In attendance were City Administrator Mike Funk, City Attorney Sarah Sonsalla, Mayor Anne Hunt, Council members Mark Vanderlinde, Arlene Donahue and Bob Christians. The closed meeting convened at 10:05pm and adjourned at 12:31am Hunt reopened the regular meeting at 12:32am Summary: By unanimous consent, the City Council agreed to continue the remainder of the closed session to discuss Mike Funk’s performance appraisal to the next meeting being held on May 5, 2014.
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9) Adjournment Motion by Donahue second by Christians to close the regular meeting at 12:32am. Motion carried 4 – 0. Respectfully Submitted,
Terri Haarstad City Clerk
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The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 1 of 9
informed the City Council that he is no longer owner of Wigen Water. He retired and sold his business to his son, Jeff. Additionally, he asserted that in a private conversation, Bret Weise from WSB claimed to have a consortium of engineering firms he could leverage to blackball Wigen Water. He continued to speak against WSB and Associates. Vanderlinde took issue at Fischer’s assertion that he has not complied with the MN Government Data Practices Act. He informed Fischer that he has submitted all requested materials to staff for review and invited Fischer to come to his home to look for data in person. Fischer declined. George Zenanko (900 Co Rd 92 N) asked for clarification regarding the financing of the SRO position. He suggested that the contract with the Gillespie Center be cancelled and that the money instead be used to fund a public safety officer for the school. He also spoke in favor of staff and expressed concern about rumors that the Council intended to let some staff members go. Jane Norling (5450 Ridgewood Cove) filed a formal request with the city attorney for an investigation of the current City Council regarding noncompliance with the MN Government Data Practices Act, instances of liable, conflicts of interest, violations of due process and open meeting law violations. Tom Notch thanked the Council for their work and for their initiative. He provided his credentials as an engineer and encouraged the Council to continue their work with Bolton and Menk regarding the water treatment plant. He spoke regarding the school resource officer (SRO) position and encouraged the Council to hold firm on the $58/hour reimbursement request. He cited student to SRO staff ratios used by neighboring school districts. He recommended the City Council consider allowing the Orono Police Department to fully staff the SRO position. He asserted that the school can afford the funding request and expressed concern about equity for Minnetrista residents whose homes are not in the Westonka School District boundaries. He also expressed concern about liability issues if the City does not provide similar SRO services to other school districts that serve the City. 3) Special Presentations a) Caroline Brooks, Meals on Wheels Brooks distributed flyers to the Council and audience. She described the Wheels for Meals program and invited everyone to participate in a bike ride fundraiser that was happening on Saturday, May 17, 2014. 4) Consent Agenda a) Accept Resignation of Mayor Cheryl Fischer b) Approve Special Meeting Minutes from April 4, 2014 c) Approve Regular Meeting Minutes from April 4, 2014 d) Resolution No 35-14 Scenic By-Way Support e) Resolution No. 36-14 Approving Full-time Status for Nick Rettke, Public
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 2 of 9
Works Maintenance Worker f) Resolution No. 37-14 Awarding Contract for Seal Coating Project Motion by Vanderlinde second by Donahue to approve the consent agenda as presented. Motion carried 4-0. 5) Public Hearings - None 6) Business Items a) Discussion regarding a Mayoral Appointment through December 31, 2014 Sonsalla presented the staff report found in the packet dated April 21, 2014. Motion by Christians second by Donahue to appoint Council member Hunt as Mayor through December 31, 2014. Motion carried 3 – 0. (Hunt abstained.) Discussion included: Whether or not to fill the vacant Council seat by soliciting applications and conducting interviews in a manner similar to Commissioner appointments Timeline of advertising Motion by Vanderlinde second by Donahue to advertise three weeks that the City is accepting applications to fill the Council vacancy beginning advertising in The Laker’s Saturday April 26, 2014 edition with interviews to be conducted during the May 19, 2014 Special Meeting at 5:30pm. Motion carried 4 – 0. By unanimous consent, the Council directed staff to notify applicants for Council that they have the option of submitting a resume along with their application. b) Resolution No. 38-14 Council Request for State Audit Hunt presented the report found in the City Council packet dated April 4, 2014. Grimm notified the Council that he spoke with Tom Carlson from the State Auditor’s Office who told him that the City would be charged $60 - $100 per hour depending on the scope the Council is looking for. He also pointed out that the City has had three different auditing firms examine the City’s finances as part of the annual auditing process over the past eight years and all have found the City’s finances to be in impeccable order. Sonsalla confirmed that state statute requires the City to reimburse the State Auditor’s Office for all costs and expenses. The Council clarified that they have confidence in financial staff and City accounting practices and that the request for a state audit has to do with billing practices of City vendors, price inflation and collusion by City vendors and City hiring practices. Barone address the citizen assertion that the City engaged in unfair hiring practices. He explained the hiring practices that the City uses, explained PERA and how government employee retirement plans work both in general and in regard to former Community Service Officer Steve Gale, the employee a citizen was concerned about.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 3 of 9
The Council commended Gale’s performance and clarified that it was only the City hiring practices and retirement policies at issue. Hunt withdrew her request for a state audit pending information regarding how much it was going to cost the City and indicated her intent to remove the investigation of hiring practices and retirement policies from the request. c) Woodland Cove Phase 1 Matt Van Slooten (Woodland Cove President) explained that they built the berm according to the plans approved by the City as part of the Preliminary Plat approved in the fall of 2011. He understands that now that it is built, residents and Council members are not happy with it and want changes. As such, he is looking for direction. Gary Gregg (4100 Kings Point Rd) spoke against behavior displayed at the Council meeting and encouraged people to respect public office. He also expressed his feeling that what he was promised was not delivered. Discussion included: Whether or not a verbal promise made for construction of a 6’ berm with 14’ Norway Spruce was included in the preliminary plat The fact that the Council missed this discrepancy in the plans An apology to Mr. Gregg Reasons for Black Spruce being substituted for the Norway Spruce Paul Robinson (Woodland Cove) used his notes from historical Woodland Cove planning meetings to explain the negotiation process for the berm. He indicated that his notes show the original request was for a ten foot berm with ten foot trees. He stated that a verbal agreement had been made for a five foot berm with fifteen foot trees to get to a total of twenty feet. Accordingly, this was drawn into the plans and was formally presented to the City Council. He reminded the Council that the Greggs were in attendance at the Public Hearing but did not speak of an issue or concerns about the berm. Van Slooten pointed out that the City Council approved two sets of plans showing the berm that was built. He indicated that raising the berm a foot is problematic. It would require moving large trees and/or obtaining an easement from Gregg which he has refused to do. He stated that they have done their best to make Gregg happy, that a lot of people have put a lot of time and effort into this development and that they don’t want people to be unhappy. Additional discussion included: Whether the City Council needs to amend something to make the berm meet the criteria Mr. Gregg wants Whether or not additional sloping should be done on Mr. Gregg’s property or be entirely on the developer’s property Whether or not the developer would be willing to negotiate something different with Gregg
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 4 of 9
Funk summarized the process and informed the Council that the city can only enforce what has been approved. He stated that it is difficult to ask a developer to do something other than what was approved by the City. He recommended that, if the developer is amenable to the idea, the City Council request that the developer submit an amended grading plan. Sonsalla confirmed that the City is bound by the approved grading plans unless the developer is willing to voluntarily agree to something different. Gregg asked Tom Wolter (Mattamy Homes) to step outside and hash out details of an agreement. By unanimous consent, the City Council tabled this item until later in the meeting after Gregg and Wolter returned. d) Resolution No. ___ Appointing Planning Commissioner Motion by Vanderlinde second by Hunt to appoint Bob Pollman to fill the remainder of the Planning Commission position vacated y John Watson. Motion carried 4 – 0. e) Resolution No. ___ Accepting Bids and Award Contract for the Sealing of Test Well Located on the Woodland Cove Property Motion by Hunt second by Christians to table this until the May 5, 2013 meeting. Motion carried 4 – 0. f) Barricade at Glacier Road Funk explained the history of the breakaway barrier in Hunter’s Crest. The Council asked if Hunter’s Crest residents had been asked how they feel about it. Falls explained that there is a public safety reason for removing it. Todd Markus (4570 Merganser) spoke in favor of the removal of the barricade at Glacier Road. Motion by Vanderlinde second by Christians to support the removal of the breakaway barrier Motion carried 4- 0. Hunt called for a break at 8:36pm. Hunt reconvened the meeting at 8:45pm g) Review MN Government Data Practices Law Mary Tietjen introduced herself, commended staff and provided a summary of her credentials. i)
Recent Requests for Data Tietjen presented the memo provided in the City Council packet, gave an overview of data practices obligations and explained the difference between personal data and government data. She reminded the Council that should they come across additional documents responsive to the requests, they are
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 5 of 9
obligated to provide them to the City Clerk. She stated that the City Clerk will work with Kennedy and Graven to determine if it is public or private data. She added that data requests become very complicated when government data is co-mingled with personal data. To this end she recommended that going forward the City Council limit their communications to use of their City issued email accounts and to minimize phone conversations between Council members to avoid serial meetings. Discussion included: Ways to streamline data retention Ways to automate the archival of data MN Records Retention Schedule for MN Cities Public and private data Transitory data The volume of data and time required to sort through data What type and how much communication is permitted between Council members without violating open meeting law Serial meetings and how to eliminate them Whether or not personal business with other Council members (such as construction related projects) violates open meeting law (not as long as City business is not mentioned.) Liability issues of Council members personal businesses when business devices are used for City business Whether or not accessing packets and emails on the Citrix Server from their home computer is problematic in terms of data (No since the data is stored on the City’s server, not the Council member’s computer) Staff time taken to process the data requests (solution is to minimize communications outside meetings) What is subject to the MN Government Data Practices Act (only data received or created by City staff or officials) Whether or not additional staffing is needed (Council directed staff to add this topic to the May 5th Special Council meeting agenda) ii)
City Council Technology Requests (Cell Phones and Computers) Motion by Vanderlinde second by Christians to direct staff to purchase cell phones without internet access for Council members. Motion carried 4 – 0. A heated discussion between the Council and individuals in the audience ensued.
h) Woodland Cove Phase 1 continued Tom Wolter stated that Gregg agreed to give Mattamy Homes an easement for them to construct a berm on his property and requested that the City Council give staff the ability to approve a modification of the grading plan to construct the berm for Mr. Gregg.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 6 of 9
Motion by Donahue second by Vanderlinde to permit David Abel to approve an amended grading plan to construct a berm with an easement granted by Gregg. Motion carried 4 – 0. i)
Request from Mattamy Homes to Extend Working Hours and Waiver of Weight Restrictions for Tree Planting Funk presented the report as found in the Council packet dated April 21, 2014. Chuck Klinefelter (Lan-De-Con) explained issues surrounding timing the planting of the trees. He explained that Gregg stated he was more concerned about the height of the trees than the timing of their planting. He requested the City Council approve the extension to make sure they can continue to work with Gregg. Wolter suggested they extend the working hours in relation to tree planting activities. Discussion included: Concerns about the warranty on the road if a waiver were granted Whether or not trees can be used with the temporary road off Highway 7 (a permit would be required by MnDOT) Whether or not Mr. Gregg would allow a time extension for the tree planting Motion by Hunt second by Christians to approve the extension of working hours for the planting of the trees related to the berm at Gary Gregg’s property but to deny the request related to a weight restriction waiver. Motion carried 4- 0.
j)
SRO Agreement Discussion Discussion included whether or not the Council had already approved this agreement Motion by Vanderlinde second by Christians to approve a contract with Westonka School District for the School Resource Officer for the years of 2014-2015 and 2015-2016. Motion carried 4 – 0.
k) Statement from the Council Motion by Vanderlinde second by Donahue to publish the statement from the Council presented by Hunt in the Minnetrista Messenger as written with the signatures of all Council members. Motion carried 4 – 0. 7) Administrative Items a) Resolution No. _____ Approving Claims Discussion included: The tax exempt status of the Gillespie property Invoices from WSB for seal coating (preparing bids and other contract management activities) and for the water treatment project (for work completed through February 18, 2014)
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 7 of 9
Motion by Donahue second by Vanderlinde to approve claims as presented. Motion carried 4 – 0. b) Council Reports i)
Mayor Anne Hunt – In light of added duties associated with servings as Mayor, Hunt informed the Council she would no longer be able to serve as the City’s representative on the LMCD. Motion by Hunt second to accept applications for individuals interested in serving (lakeshore owners preferred) as the City liaison to the Lake Minnetonka Conservation District (LMCD). Motion carried 4 – 0.
ii)
Mark Vanderlinde –He attended the Pioneer Sarah-Creek Watershed Management Commission meeting and asked the Council to visit their website and provide input regarding their proposal. He requested that the police officer on duty in the mornings to provide extra patrol in the area of Kings Point Road as he had received another complaint phone call regarding people on the construction site. Falls stated that message has been passed on and informed the Council that there is only one officer on duty at that time of day. He also encouraged the Council to have people call the police when there are issues so they can be handled promptly.
iii)
Arlene Donahue – None
iv)
Bob Christians – He attended the Westonka Community and Commerce (WCC) meeting and commended the Westonka DECA for their presentation regarding social media.
c) Staff Reports i) Upcoming Meeting Topics ii) Reminder of Upcoming Meetings a) May 5, 2014 5:30 Special Meeting b) May 5, 2014 7:00pm Regular Meeting Hunt suspended the meeting at 9:59pm to go into closed session for the purpose of giving the City Administrator’s his performance review pursuant to MN State Statutes § 13D.05 subd. 3a. 8) Closed Session for the City Administrator Performance Review In attendance were City Administrator Mike Funk, City Attorney Sarah Sonsalla, Mayor Anne Hunt, Council members Mark Vanderlinde, Arlene Donahue and Bob Christians. The closed meeting convened at 10:05pm and adjourned at 12:31am Hunt reopened the regular meeting at 12:32am Summary: By unanimous consent, the City Council agreed to continue the remainder of the closed session to discuss Mike Funk’s performance appraisal to the next meeting being held on May 5, 2014.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 8 of 9
9) Adjournment Motion by Donahue second by Christians to close the regular meeting at 12:32am. Motion carried 4 – 0. Respectfully Submitted,
Terri Haarstad City Clerk
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. O:\City Council\Council 2014\Minutes\Unfinished Minutes - Do NOT release\2014.04.21 CC Minutes.docx Page 9 of 9
