Minnetonka City Council — Transcript

Monday, January 12, 2026

Official Swearing-in Ceremony

Federal Immigration Enforcement (ICE) and Community Safety

Filling of Ward 2 Council Vacancy

Consideration of Local Sales Tax for Capital Improvements

City Charter Amendments

Appointment of Acting Mayor and Alternate Acting Mayor

Votes (10)

Official Ceremony Swearing In of Newest Council Members and Mayor

Swearing-in Ceremony Completed

Mayor-elect Rebecca Shack, Council Member-elect Kimberly Wilburn, and Council Member-elect Deb Calvert were officially sworn into office following their November election wins. City Attorney Eric Nelson facilitated the ceremony, and each official recited the oath to uphold the Constitutions of the United States and the State of Minnesota and faithfully discharge their duties.

Mayor and Council Member Statements on Federal Immigration Enforcement

Public statements of concern and commitment

Mayor Shack delivered a prepared statement condemning the recent surge in federal immigration enforcement, highlighting the death of Renee Good in Minneapolis, and reaffirming Minnetonka's commitment to civil liberties and its local police not enforcing federal immigration policy. Council members followed with strong, emotional statements expressing agreement, calling for community support for immigrants, sharing personal anecdotes, and suggesting potential city actions to protect residents.

City Manager Performance Evaluation Summary

Announcement of satisfactory performance evaluation

Mayor Shack announced the results of the City Manager Mike Funk's performance evaluation, which was conducted in a closed study session. Mr. Funk received a satisfactory performance evaluation based on council ratings, feedback, and goal setting.

Citizens Wishing to Discuss Matters Not on the Agenda

Comments received for public record and staff follow-up

Numerous residents addressed the council, primarily expressing fear, anger, and calls for action regarding federal immigration enforcement (ICE) activities. Concerns included physical encounters with ICE agents, trauma to children, perceived ethnicity-based detentions, and requests for the city to join lawsuits against ICE, enact local ordinances, and ensure Minnetonka police protect residents from federal agents. One resident also raised points about Hennepin County's budget, nonprofit spending, and property tax reform, asserting that property owners outside Minneapolis subsidize its mismanagement.

On Sale Intoxicating Liquor License and Sunday On Sale Intoxicating License for Minnetonka Barbecue, Inc. doing business as Famous Dave's Barbecue Shack

6-0 Approved

Moved by Council Member Deb Calvert [1h7m33s] · Seconded by Council Member Foster Bolton [1h7m46s]

As a continuation of a previous public hearing, staff presented their recommendation to grant the liquor licenses for Famous Dave's Barbecue Shack after reviewing the police department's investigation. No further public comments or council questions were raised.

Ordinance Amending the City Charter Establishing the Number of Members of the Charter Commission

6-0 Approved

Moved by Council Member Romey [1h10m15s] · Seconded by Council Member Deb Calvert [1h10m26s]

City Attorney Eric Nelson presented a proposed ordinance to amend the City Charter by adding Section 2.12, which would fix the Charter Commission's membership at nine, with flexibility to expand to ten to include a council member. This amendment, recommended by the Charter Commission, aims to formalize existing practice and align with state law. It required unanimous council consent for adoption, and no public comments were received.

Ordinance Amending the City Charter to Reflect State Law Requirements Regarding Resident Signature Petitions

6-0 Approved

Moved by Council Member Deb Calvert [1h13m42s] · Seconded by Council Member Romey [1h13m54s]

City Attorney Eric Nelson presented a second proposed charter amendment, aimed at providing greater clarity and alignment with state law concerning resident signature petition requirements for initiative and referendum. He stressed that this amendment does not introduce substantive changes to the process. Council Member Calvert noted that these items had undergone prior review in study sessions. The amendment required unanimous council consent, and no public comments were made.

Acting Mayor and Alternate Acting Mayor

6-0 Approved

Moved by Mayor Rebecca Shack [1h15m22s] · Seconded by Council Member Deb Calvert [1h15m29s]

Mayor Shack motioned to appoint Council Member Foster Bolton as the Acting Mayor and Council Member Romey as the Alternate Acting Mayor for 2026, based on the established rotational process and their willingness to serve.

Ward 2 Council Member Appointment or Special Election Discussion

Consensus to establish an appointment process

Dissent: Council Member Kley expressed a preference for a special election due to concerns about inclusiveness.

The council engaged in a lengthy discussion regarding the vacancy in the Ward 2 council seat, left by Mayor Shack. Options presented included appointing a member for the full unexpired term (until 2028), holding a special election in May (estimated cost $30-35k), or holding a special election in August (coinciding with the primary for cost savings). Historical voter turnout for special elections was noted as low (2.7-8%). Council members debated the importance of quick representation for the ward, the cost to taxpayers, and the inclusivity of an appointment process versus an election. A consensus emerged to pursue an appointment process, prioritizing swift filling of the seat due to significant upcoming Ward 2 projects and operational needs.

Resolution Supporting the Authority to Impose a Local Sales Tax to Fund Capital Improvements

Discussion in progress, no action recorded in this transcript segment.

City Manager Mike Funk presented an overview of a proposed resolution to request legislative authority for a 0.5% local sales tax. This initiative is positioned as a long-term strategic plan to fund major capital improvements with regional significance, including Fire Stations 2 and 3, high-priority trail segments, renovations to The Marsh Health and Wellness Center (with two scope options), and development of an Opus area community park. Funk clarified that the resolution would only seek legislative permission, not implement the tax or commit to projects without subsequent council action and voter approval. Financial analysis indicated that 54% of the tax burden would fall on non-residents, with an estimated $41 annual cost per resident, offering an alternative to a projected 9% property tax increase if projects were solely property tax-funded. The timeline indicates legislative submission by January 31, 2026, with a potential voter referendum between November 2026 and November 2027. The discussion was ongoing at the end of the transcript.

Notable Quotes (19)

I, Rebecca Shack, do solemnly swear that I will support the Constitution of the United States the Constitution of the State of Minnesota and that I will faithfully and impartially discharge the duties of mayor of the city of Minnetonka.

Mayor Rebecca Shack [0m6s]
Official Ceremony Swearing In of Newest Council Members and Mayor

As mayor and as a licensed attorney in Minnesota, I've taken an oath and have an obligation to uphold the United States Constitution. I want to be clear, the Constitution remains our highest law. We will continue to uphold the fundamental rights guaranteed to every person within our jurisdiction, including due process, freedom of speech and assembly, and protection against unreasonable use of force.

Mayor Rebecca Shack [12m18s]
Mayor and Council Member Statements on Federal Immigration Enforcement

I support and trust our Minnitonka police chief and our local police. And I want to reiterate what the Henipin County Police Chief's Association put out months ago that local law enforcement does not enforce federal immigration policy and will not ever ask the immigration status of people in our community. They take an oath to protect the public safety and that is what they will do.

Council Member Deb Calvert [15m2s]
Mayor and Council Member Statements on Federal Immigration Enforcement

It's not really about like this immigration thing for me. It's about people and giving people hope where now people don't have that hope. So, what can we do to support other folks in our communities, our neighbors, and you know, resources?

Council Member Kley [28m15s]
Mayor and Council Member Statements on Federal Immigration Enforcement

During the closed session, members of the city council reviewed the ratings, provided feedback, and conducted goal setting with Mr. Funk. and I'm pleased to announce that on behalf of the city council, he received a satisfactory performance evaluation.

Mayor Rebecca Shack [33m32s]
City Manager Performance Evaluation Summary

My question is if something like that happened what would the Minnetonka police do other than just stand there? would they be able to step in for my safety from ICE as a US citizen or anybody but not interfering with the I immigration action that I could not stop I could only observe and that is all I have to say.

Carla Hennis [35m28s]
Citizens Wishing to Discuss Matters Not on the Agenda

I believe that it's a moral hazard that the property owners outside of Minneapolis through property tax payments are subsidizing the mismanagement of Minneapolis.

Kevin Peterson [38m4s]
Citizens Wishing to Discuss Matters Not on the Agenda

ICE is not here to help us. Immigrants are. We urge you to join with the cities of Minneapolis and St. Paul and lead the suburbs in opposition to this occupation by joining their lawsuit that opposes this on constitutional grounds.

Nate Thornton [39m37s]
Citizens Wishing to Discuss Matters Not on the Agenda

At this time, we do have the full background that has been provided by the police department's investigation. That information was provided to the city council. Um, we have discussed with the business owner any information in that background check and uh we do recommend moving ahead and issuing the license.

Miss Wishnack [1h6m36s]
On Sale Intoxicating Liquor License and Sunday On Sale Intoxicating License for Minnetonka Barbecue, Inc. doing business as Famous Dave's Barbecue Shack

The proposal here for our charter... is to establish a fixed membership number of nine consistent with past practice that would have the flexibility to expand to 10 with the addition of a sitting council member.

City Attorney Eric Nelson [1h8m41s]
Ordinance Amending the City Charter Establishing the Number of Members of the Charter Commission

These proposed amendments do not make any substantive changes to the law or process regarding uh initiative and referendum which are the the two signature petition elements that are provided for in the charter.

City Attorney Eric Nelson [1h11m20s]
Ordinance Amending the City Charter to Reflect State Law Requirements Regarding Resident Signature Petitions

I just wanted to let people know that um we actually there hasn't been a whole lot of discussion of these items because we've had study sessions to make sure that we're familiar with um this kind of item before it comes up, especially because it is a charter amendment.

Council Member Deb Calvert [1h12m59s]
Ordinance Amending the City Charter to Reflect State Law Requirements Regarding Resident Signature Petitions

I will make the motion appointing council member Foster Bolton as the acting mayor and appointing council member Romey as the alternate acting mayor for 2026.

Mayor Rebecca Shack [1h15m22s]
Acting Mayor and Alternate Acting Mayor

I'm leaning towards an appointment um for a a few reasons. Um, one is if we do if we do the May special election, um, that's that's not a lot of time for someone to decide they want to run and put together a campaign and campaign. As well as the additional cost to to the to the taxpayers through the city.

Council Member Kimberly Wilburn [1h20m21s]
Ward 2 Council Member Appointment or Special Election Discussion

I lean more toward the special election... I feel like if we do, um, appointed seat... it's about who, you know, and so I just want to make sure that, you know, if we even vote this way and go this way, that we are being more inclusive.

Council Member Kley [1h22m42s]
Ward 2 Council Member Appointment or Special Election Discussion

As quickly as we can get somebody into that seat, the the better... I think having a seat open for 8 months isn't fair to that part of the community.

Mayor Rebecca Shack [1h27m1s]
Ward 2 Council Member Appointment or Special Election Discussion

This item represents an exercise in long range planning, recognizing that decisions made over time to these public facilities and infrastructure will have meaningful and lasting impacts in the Minnetonka community, the region, and Minnetonka's overall financial sustainability.

City Manager Mr. Funk [1h30m53s]
Resolution Supporting the Authority to Impose a Local Sales Tax to Fund Capital Improvements

The adoption of either of those resolutions does not commit the city to the sales tax, issuing bonds, advancing any project without further city council action and voter approval.

City Manager Mr. Funk [1h33m39s]
Resolution Supporting the Authority to Impose a Local Sales Tax to Fund Capital Improvements

The estimated annual collection on a half cent sales tax is around $6 million per year. ... 54% of the sales tax would be collected from residents outside of the city of Minnetonka.

City Manager Mr. Funk [1h35m38s]
Resolution Supporting the Authority to Impose a Local Sales Tax to Fund Capital Improvements

Ordinances & Resolutions (10)

United States ConstitutionOther

The supreme law of the U.S., referenced in oaths of office and discussions on civil liberties during federal enforcement.

Constitution of the State of MinnesotaOther

The state's fundamental law, referenced in oaths of office.

Minnetonka City CharterOther

The foundational document governing the city, subject to proposed amendments regarding Charter Commission membership and resident petitions.

Section 2.06 of the City CharterOther

Governs vacancies on the City Council, specifically dictating the process for filling the Ward 2 seat.

Section 2.12 of the City CharterOther

Proposed new section to establish a fixed membership number for the Charter Commission.

Minnesota Statute Section 13D.055, Subdivision 3AOther

State law pursuant to which the city manager's performance evaluation was conducted in a closed session.

Trail Improvement PlanPlan

Identifies high-priority trail segments for completion through potential sales tax funding.

University of Minnesota Extension ReportOther

Provided analysis and estimated annual collection for a half-cent sales tax.

Resolution Supporting the Authority to Impose a Local Sales Tax to Fund Capital ImprovementsResolution

The primary item for discussion under 'Other Business' (14C), seeking legislative approval for a local sales tax.

February memoOther

City staff plans to use this communication channel to inform Ward 2 residents about the council member appointment process.

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