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7:00 PM FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: March 20, 2000
WELCOME to this meeting of the Prior Lake City CounciL
The Council appreciates your attendance and values your input.
Please remember that City Council meetings are cablecast live; therefore, for viewers at home to be
able to hear your comments, you must use the podium and speak into the microphone to address the
City Council. Before beginning, please state your name and address so that the recorder is able to
have an accurate record of the meeting.
Special assistance for the hearing impaired may be arranged by contacting City Hall 48 hours prior
to time of the Council meeting.
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m.
2. APPROVAL OF AGENDA:
3. CONSIDER APPROVAL OF MARCH 6, 2000 MEETING MINUTES:
4. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-
controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of
the public specifically requests that an item on the Consent Agenda be removed and considered separately.
Items on the Consent Agenda are considered under one motion, second and a call vote. Any item removed
from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category.
A) Consider Approval of Invoices to be Paid.
B) Consider Approval of Treasurer's Report
C) Consider Approval of Building Permit Report.
D) Consider Approval of Animal Warden Monthly Report
E) Consider Approval of Fire Call Report
F) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Church of
St. Michael AprilFest.
G) Consider Approval of Waiver of Outdoor Concert Permit Fees and Clean-Up Deposit
for Church of St. Michael AprilFest.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS: NONE.
7. PUBLIC HEARINGS: NONE.
8. OLD BUSINESS:
A) Consider Approval of Resolution OO-XX Authorizing WSB & Associates to provide
Construction Observation Services for Developer Installed Improvements.
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B) Consider Approval of Resolution OO-XX Authorizing Bolton & Menk, Inc. to Provide
Construction Staking Services for Candy Cove / Lakeside Manor Improvements (City
Project 99-11) and 2000 City Improvement Projects (City Projects 12-00 and 14-00).
9. NEW BUSINESS:
A) Consider Approval 0 f Resolution OO-XX Denying a Zone Change Request byE agle
Creek Villas, LLC for Approximately 12 Acres Located in Section 2, Township 114,
Range 22, Scott County, Minnesota.
B) Consider Approval of Resolution OO-XX Denying an Amendment to the
Comprehensive Plan Requested by Eagle Creek Villas, LLC for the Property described
as Lots 2,3 and 4, Block 2, Holly Court. (Case File #00-13).
C) Consider Approval of Ordinance OO-XX Approving an Amendment to the Zoning
Ordinance Relating to Institutional Signs (Case Fi/e 00-007).
D) Consider Approval of Resolution OO-XX Approving the Final Plat for Knob Hill 5th
Addition.
E) Consider Approval of Report Regarding Park and Library Referendum Finances and
Improvement Projects.
F) Consider Approval of Resolution OO-XX Authorizing the Preparation of Plans and
Specifications for Trails and Playground Equipment as Identified in the 1999 and 2000
Capital Improvement Program.
G) Consider Approval of Resolution OO-XX Authorizing Expenditures for Miscellaneous
Park Capital Improvement Projects and Park Capital Equipment a s Identified in the
1999 and 2000 Capital Improvement Program.
10. OTHER BUSINESS:
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
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REGULAR COUNCIL MEETING MINUTES
March 6, 2000
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Gundlach, Petersen, Schenck and Ericson, City
Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, City
Engineer Osmundson, Public Works Supervisor Hartman, Parks Director Hokeness, Assistant City
Manager Walsh, and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MADER: Requested adding under Old Business Item E (Consider City Manager Contract Revisions),
Item F (City Manager Performance Evaluation Criteria for 2000), and Item G (Proposals for Naming of
Parks). Also requested adding an Executive Session under Other Business in order to discuss the
Sportsman's Club litigation.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED.
SCHENCK: Proposed removing Item E and Item F (City Manager's New Contract and Evaluation
Criteria). Objected to adding such items at the meeting due to lack of preparation time. Also noted that
there has been no previous discussion on contract revisions for the City Manager.
~ADER: Cia. rified that the City Manager criteria had been previously discussed at the work session, as
"ell as being distributed immediately prior to this meeting.
SCHENCK: Believes it is inappropriate to bring this matter to the agenda at the last minute. There is an
opportunity to include this item on a regular agenda. There is no urgency to the issue, and believes the
action is inappropriate. The purpose of an agenda is so that Councilmembers and the public can be
aware of what action is being considered in advance. To continually attempt to slip items through at the
last minute borders on being unethical.
VOTE: ,Ayes by Mader, Gundlach, Petersen, Ericson, Naye by Schenck, the motion carried.
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APPROVAL OF MINUTES FROM FEBRUARY 22,2000 REGULAR MEETING.
MADER: Asked that clarification be made to the City Manager's comments on the top of page three that
typically a fee is refunded 9f1ly by Council direction once a service has been rendered. Also asked that
with respect to the presentation by EDA President Barsness, it be verified whether or not the Council
took action to accept tne report. Further asked that it be added under both Public Hearing items that
prior to the motion to closed the meeting there where no further comments from the public.
MOTION BY GUNDLACH SECOND BY PETERSEN TO APPROVE FEBRUARY 22, 2000 REGULAR
MEETING MINUTES AS AMENDED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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March 6, 2000
DRAFT
CONSENT AGENDA:
(A) Consider Approval of Invoices to be Paid.
(B) Consider Approval of Reconveyance of Tax Forfeited Lands to the State of Minnesota Relating
to a 16-foot Wide Strip for Access Purposes to the Melbourne/Larson Property.
(C) Consider Approval of Report Proposing a Comprehensive Plan Amendment for Land Use
Designated as Low-to-Medium Density Residential.
MADER: Removed Items (B) (Consider Approval of Reconveyance of Tax-Forfeited Lands to the State
of Minnesota Relating to a 16-Foot Wide Strip for Access Purposes to the Melbourne Larson
Property)and Item (C) (Consider Approval of Report Proposing a Comprehensive Plan Amendment for
Land Use Designated as Low-to-Medium Residential).
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE ITEM (A) OF THE CONSENT
AGENDA.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Consider Approval of Reconveyance of Tax Forfeited Lands to the State of Minnesota Relating
to a 16-foot Wide Strip for Access Purposes to the Melbourne/Larson Property.
MADER: Asked for a brief explanation from the Manager since the action involves the conveyance of
land from the City.
BOYLES: Clarified that since the property is no longer needed for a public purpose due to a sidewalk
installation as part of the Glynwater development. Therefore, since the property is no longer needed for
the trailway, it is appropriate to reconvey the property back to the state.
GUNDLACH: Asked what happens to the property next.
BOYLES: Explained that the State has several options, including auctioning the property, or if a non-
developable parcel it can be sold to an adjacent property owner.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-15
AUTHORIZING THE RECONVEYANCE OF TAX-FORFEITED LAND TO THE STATE OF
MINNESOTA.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried.
Consider Approval of Report Proposing a Comprehensive Plan Amendment for Land Use
Designated as Low-to-Medium Density Residential.
MADER: Stated that in the Comprehensive Plan there are areas designated for low and medium density
development, and on several occasions petitioners for rezoning have interpreted that to mean that the
City has an obligation to rezone as requested as long as the request fits within the Comprehensive
Plan designation. Believes the original intent of the low-to-medium density designation is otherwise.
Asked staff if a Compo Plan amendment could be added that would retain the low-to-medium
designation, but add language either in the Compo Plan or the Zoning Ordinance that would tie them
together and that would provide the Council final authority to determine whether a proposed project is
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appropriate, and that the intent is not to create a carte blanc opportunity for development projects that
meet the requirements of the Compo Plan.
RYE: Advised that Council has that authority now through their ability to make policy, and explained
that there could be more specific language added to the Compo Plan that would layout criteria as to
when you would apply the low density categories' as opposed to the medium density. Believes that in
terms of predictability to the public and developers, having separate categories is probably more
informative, but maintains the ability to go back and amend the designation down the line. As to the
process, a change in either the Compo Plan or the Zoning Ordinance would have to go back to the
Planning Commission as a statutory requirement. It comes down to two options (1) it can stay as is
with the addition of some refining language that says "how are you going to apply that"; or (2) you can,
designate on the Comprehensive Land Map what areas are medium density.
MOTION BY MADER, SECOND BY PETERSEN TO REFER THE LANGUAGE CONSIDERATION
FOR LOW-TO-MEDIUM DENSITY RESIDENTIAL LAND DESIGNATION AS IT EXISTS IN THE
COMPREHENSIVE PLAN BACK TO THE PLANNING COMMISSION FOR REVIEW AND
RECOMMENDATION.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
PRESENTATIONS:
MADER: Noted the Thank-You that Mrs. Hansen's 1st graders had sent from Westwood Elementary
thanking the Council for letting them lead the Council by signing the Pledge of Allegiance.
PUBLIC HEARINGS: NONE.
OLD BUSINESS:
Consider Approval of Review of the Conditional Use Permit for Gleason's Gymnastics School
on Property Located at 17001 Fish Point Road (Case File No. 98-163).
BOYLES: Briefly reviewed the agenda item in connection with the staff report and the option available to
the Council.
MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE REPORT AUTHORIZING
RENEWAL OF THE CONDITIONAL USE PERMIT FOR GLEASON'S GYMNASTICS SCHOOL ON
PROPERTY LOCATED AT 17001 FISH POINT ROAD (Case File No. 98-163).
B.o.Y!.,~: Clarified that the signs will be required as part of the original conditions of the CUP.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Resolution 00-16 Upholding a Decision of the Planning Commission
Approving a Variance to the Required Side Yard Setback Adjacent to a Residential District for
the Construction of an Addition to the Existing Keyland Homes Building in the C-5 Zoning
District.
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MADER: Provided a brief background to introduce the agenda item.
BOYLES: Advised that the City attorney's memorandum has been included in the agenda materials,
additional correspondence from the counsel from Keyland Homes, as well as a letter from David
Sellegren of D.R.Horton.
MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-16
UPHOLDING A DECISION OF THE PLANNING COMMISSION APPROVING A VARIANCE TO THE
REQUIRED SIDE YARD SETBACK ADJACENT TO A RESIDENTIAL DISTRICT FOR THE
CONSTRUCTION OF AN ADDITION TO THE EXISTING KEYLAND HOMES BUILDING IN THE C-5,
ZONING DISTRICT.
GUNDLACH: Supported the motion because of the case law for defining a hardship. He determined that
a hardship situation existed for Keyland due to the Deerfield property, and the fact that no objection
was made by D.R. Horton at the public hearing on the matter.
fAcE: Clarified that it was the annexation of the Deerfield property as opposed to the Deerfield
development.
GUNDLACH: Clarified that the point is Keyland did not created the situation and thus the need for the
variance.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Report Regarding Alignment of Ring Road.
MADER: Briefly reviewed the history of the item.
BOYLES: Discussed the focus of the Council at this time, and the intent of this discussion.
OSMUNDSON: Described each of the three layouts, the differences and advantages to each, as well as
the comparative cost estimates, including right-of-way costs, but not including costs for access rights,
decorative features, or significant soil correction. Recommended alternative number 2, but asked for
Council direction.
SCHENCK: Asked where 170th is divided and for clarification as to where the post office site is located.
MADER: Asked if options 3 and 4 both significantly interfere with the post office site and their
development plans.
OSMUNDSON: Advised that 170th is divided right down the middle between the Township and the City,
although none of the plans has been developed as far as a detailed design. At this point, the City has
not seen much from the postal service as far as their development plans. They do have significant
wetland in the area to deal with. Assuming the access will be Tower Street, both layouts #3 and #4
would significantly change the facility and parking area development.
ERICS~N: Agrees with the staff recommendation to pursue lay~u~ #2;r r-e:11111 17-"-) ~. J-.-. tiu'~
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SCHENCK: Agrees that layout #2 appears the most feasible with the least impact on area property
owners, and asked about the funding sources and possible assessments.
OSMUNDSON: Advised that most of the funding would be borne by the City, including municipal state
aid, collector street fund or utility funds, and that there would be some help from MnDOT and the
County with respect to the County Road 23 f TH13 realignment. Advised that there would be
assessments for the unimproved portion of Tower Street, as well as in the Park Nicollet area.
SCHENCK: Asked about the impact to the Borka property. Suggested tightening the curve around the
Borka parcel (layout 2) to further minimize the impact to the property.
OSMUNDSON: Advised that there would be significant impact, but no buildings would be removed.
SCHENCK: Also asked about property next to the City's parcel bordering Enivid. Asked what input the
County could have on the realignment of Tower-Toronto Street intersection. Concerned about the
impact on the Napa parcel. Also asked how much the City can accomplish with regard to 17Oth, and
how much could be completed in general without County and State funding. Most concerned about the
Franklin Trail segment.
BOYLES: Noted that the portion of County Road 23 providing access to County Market is already
improved and somewhat predetermines the realignment of the intersection.
OSMUNDSON: Recommends that the Napa parcel be purchased by the City, and discussed
responsibility of shared roadways between the County, Township and the City. Also advised that
County Road 81 and 170th were both recently turned back to the City. Further advised that the portion
of County Road 23 is programmed in the County's 2004 CIP. The Park Nicollet segment could wait
until development of the site. The immediate attention should be for the portion that will affect the post
office development so that the City can work with the development of the post office.
PETERSEN: Believes that the sooner the City can act on the ring road project, the better. Discussed
difficult accesses to TH13 and advised that layout 2 seems the most practical. Noted that layout #1
appears to complete the project in parts.
GUNDLACH: Concerned about the amount of traffic dumping onto Franklin 1rail, a~ asked if Franklin
Trail could come to a 'T' intersection nW!4I\;lIl.'1..J1}" 13. 6l.+- +&-- f2i1.J ~.
OSMUNDSON: Stated that ideally, the intersection should be moved further east on Franklin Trail and
away from Highway 13. Noted that a 'T' intersection could work there, and staff will consider it as the
project develops.
MADER: Discussed the function of 17ath in the sense that it serves only two homes, and asked if there
are other options. How would that affect 170th on the other side of the TH13?
OSMUNDSON: Believes that is a good item to discuss with the Township and that they would probably
agree, and we may be able to eliminate that portion of the road. The County also has initiated a
meeting to discuss the intersection of Hath / County Road 12/ TH13.
MADER: Believes layout #2 is probably the most feasible and that the direction from the Council seems
to be to proceed with development of that proposal.
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SCHENCK: Added a suggestion that two accesses be provided for the Radamacher property.
MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE THE RING ROAD REPORT AND
DIRECT STAFF TO PROCEED WITH THE DEVELOPMENT OF THE PROJECT IN CONNECTION
WITH THE SUGGESTIONS PROVIDED AND LAYOUT #2 AS PROPOSED.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried.
The Council took a brief recess.
Consider Approval of Report from City Councilmembers Ericson and Gundlach to Revise City
Council Bylaws.
BOYLES: Reviewed the City Council Bylaw revisions as proposed.
ERICSON: Also noted that a distinction be made between presentation issues and forum issues, and
noted that many of the revisions were reformatting for clarity and not terribly substantive.
GUNDLACH: Added that the intent tonight was to solicit input from Councilmembers.
MADER: Recommended Council members take the time to review the draft with some effort. Added that
he had some further concerns, and gave the example of Section 1008 with respect to receiving prior
Council approval before voting on other commission agenda items. .
SCHENCK: Noted that his initial comments would include a revision to Section 207, third sentence
should include "for residents of Prior Lake, and business owners not residing within the City of Prior
Lake", also agrees that Section 1008 needs clarification on voting responsibilities. Also suggested that
Section 403 address how a Councilmember adds items to the agenda. Lastly, suggested Section 703
be revised to read any Councilmember may ask question(s).
MOTION BY MADER, SECOND BY PETERSEN TO ACCEPT THE REPORT AND DIRECTING THE
COUNCIL TO SUBMIT ANY PROPOSED REVISIONS BEFORE THE MARCH 20, 2000 REGULAR
MEETING, AND DIRECTING THE SUBCOMMITTEE TO MOVE TOWARD FINALIZING THE
DOCUMENT FOR CONSIDERATION AT THE APRIL 3, 2000 MEETING.
fAcE: Noted that if there are items of general concern, it is fine to simply note the concern and leave
the drafting of specific language to the subcommittee, unless you have a recommendation of language.
ERICSON: Also clarified that although wording may be suggested, it will be considered and may not be
added verbatim.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried.
Consider Revisions to the City Manager's Employment Agreement.
SCHENCK: Stated his objection to adding this item at this time without giving the Council members prior
opportunity for review and consideration.
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MADER: Responded that the proposed Employment Agreement is a duplicate of last year's agreement
with a few corrections. Further noted that he did not appreciate the implications that adding this item is
inappropriate or unethical. It has been standard practice that Council members add items to the
agenda.
GUNDLACH: Noted that the City Manager telephoned him this afternoon to discuss addition of this item.
ERICSON: Noted that the City Manager also discussed this item with him earlier today, and we spoke at
length regarding a number of issues.
PETERSEN: Also noted that he spoke with the City Manager about this item prior to the meeting.
MOTION BY MADER, SECOND BY GUNDLACH, TO APPROVE THE REVISIONS TO THE
EMPLOYMENT AGREEMENT AS PROPOSED.
VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Schenck, the motion carried.
City Manager Evaluation Criteria
MADER: Noted that in prior years, the criteria provided for the evaluation of the City Manager was not
measurable. Reviewed the proposed criteria submitted by the evaluation subcommittee.
SCHENCK: Asked to defer the item to the next regular meeting to allow for further comments.
Commented that the format for measuring performance is lacking, but the goals and objectives are
good.
MADER: Noted that the rating systems would allow for an exceeded expectations, meets expectations,
or is below expectations marking system. Continued that approval of the criteria would not eliminate
further discussions regarding modification of the target as projects are pursued and evaluated.
SCHENCK: Asked for the item to be tabled in order more clearly develop a method and format of rating
performance, and to allow him to complete his survey of other communities and their City manager
performance criteria.
MOTION BY SCHENCK TO DEFER THE ITEM IN ORDER TO MORE CLEARLY DEVELOP A
METHOD OF RATING PERFORMANCE.
The motion failed due to lack of a second.
MOTION BY MADER, SECOND BY GUNDLACH, TO APPROVE THE CITY MANAGER'S
<PERFORMANCE CRITERIA AS PROPOSED.
" VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried.
Naming of Parks Policy
MADER: Briefly reviewed the recent history for the process for naming parks.
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MOTION BY MADER, SECOND BY PETERSEN TO APPOINT JIM ERICSON AND MAYOR MADER
TOGETHER WITH A TWO-PERSON SUBCOMMITTEE APPOINTED BY THE CHAIR OF THE
PARKS ADVISORY COMMITTEE TO REVIEW ADDITIONAL CONSIDERATIONS FOR THE NAMING
OF PARKS, AND MAKE A RECOMMENDATION TO THE COUNCIL.
ERICSON: Stated that he now realized that other circumstances existed at the time of the last vote that
he was not aware of and agrees that consideration of the additional suggestions is appropriate. Having
said that, strongly encouraged that the Council utilize the process in place and that citizens participate
in that process through the normal channels.
SCHENCK: Noted that two weeks ago the Mayor wanted the issue returned to the entire Parks Advisory
Committee to go through the consideration process. That motion received majority support from the
Council. Now the Mayor wants the process amended to include a subcommittee of Council members
and two PAC members.
MADER: Explained that the previous action was that it be returned to the Parks Advisory for further
consideration, but not necessarily that the same process would be used.
SCHENCK: The point is that last week the Mayor recommended one process, and now that process is'
changing.
MADER: Commented that his information is that the process is not conducive to receiving a lot of
suggestions from the public because the public debate of family names often becomes degrading in
order to eliminate candidates. Would like to see the process reviewed and possibly modified in the
future.
VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Schenck, the motion carried.
NEW BUSINESS:
Consider Approval of Resolution 00-17 Approving the Purchase of Three (3) Vehicles under the
State Cooperative Purchasing Program.
BOYLES: Briefly reviewed the item in connection with the staff report, and noted that the staff report
was written to specifically address the items adopted within the City Manager performance criteria. with
the intent that this report will become a template for future staff reports dealing with purchases.
MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-17 APPROVING
PURCHASE OF THREE (3) VEHICLES UNDER THE STATE COOPERATIVE PURCHASING
PROGRAM.
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PETERSEN: Asked what the difference is between purchasing aAvan and a Ford F150 full-size ~
HARTMAN: Noted that he did not have the specific numbers, but the truck would have been $2000-
$3000 more.
BOYLES: Clarified that the Equipment matrix planned for the purchase of a 1-ton 4x4 vehicle, and after
analyzing our needs, determined it would be more beneficial to purchase the less expensive van, while
still providing weather protection for the equipment.
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GUNDLACH: Asked if the van will be heavy-duty enough to serve the City's purposes.
HARTMAN: Explained that initially he was concerned about a van's capability, but after viewing the vans
other cities are using for this application, he feels comfortable recommending this vehicle.
MADER: Does not support the motion due to his concerns regarding adding to the number of vehicles in
the fleet. Prefers to get an inventory of vehicles with age and mileage to see if we can move some
vehicles around to maximize utilization rather than adding vehicles. Suggested deferring the item until
an inventory can be obtained.
PETERSEN: Advised that these trucks have utility boxes and are 4-wheel drive, rather than the day-to-
day vehicles which are two-wheel drive. The vehicles aren't equipped to be interchangeable. Asked
what vehicle is currently being used for markings.
HARTMAN: Noted that currently staff uses a Chevy S-10, which means the equipment lays in the back
of the truck and has to be unloaded. The intention is to now utilize that truck in some lesser capacity for
summer help. Stated that in his department there are roughly seven vehicles for 10 full-time employees
and 5 part-time employees. Three vehicles are from 1986 - 1989 and all have 80,000 - 100,000 miles:
These vehicles will be rotated down, but some are still needed on a daily basis. There just are not
many daily routine vehicles.
<- ~~~H: Glad to see the criteria previously discussed by the Council is being implemented.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Resolution 00-18 Authorizing Purchase of One (1) 83 H.P. Mechanical
Four-Wheel Drive Tractor for
MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-18 TO
PURCHASE TRACTOR.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Recommendation for Appointments to Fill Vacancies on the Economic
Development Authority.
MADER: Commented for the record that his understanding of the City bylaws is that the Mayor appoints
members to the EDA subject to Council approval and that there is no requirement for how or when the
Mayor should act. Rather than making the appointments without Council, staff or citizen input, he
requested that the City Manager place a notice in the Prior Lake American and he did so requesting
that interested individuals respond by January 14th. None responded by that date, and the Prior Lake
American is well aware of that fact. Consequently the City Manager and he met and jointly developed a
list of about fifteen individuals who they had heard were interested, or who they thought might be
interested. The Mayor and City Manager divided that list between them in order to determine or confirm
each individual's interest and to solicit applications. In other words, to submit formal applications if the
<applicants hadn't already done so. Nine residents responded that they were interested and he
subsequenUy interviewed each of those individuals either in person or by telephone. That process wa:
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not completed at the time of the last Council meeting, which is why he delayed his recommendation.
Unfortunately, by the implications in the paper, it seems that the individuals that he may appoint have
already been discredited and he thinks that is grossly unfair to those being considered. The editorial
stated, "that [the Mayor] should quit being evasive and make the appointments according to the
guidelines made out by the City." In fact, the process that the City Manager and Mayor have followed is
exactly consistent with City bylaws, policy and' guidelines. If anyone on the Council, or the City
Manager, or the City Attorney disagrees with what has been said, or if they feel there was any violation
of bylaws, policy or guidelines, he encouraged them to speak now and make it part of the public
record. Asked the City Attorney if there was anything he did that was not exactly consistent with the
City bylaws.
.fAC.E: Addressed both the Economic Development Authority bylaws and the City Council bylaws and
determined that there is no process defined for a mayoral appointment, and that the process followed
by the Mayor is very similar to the process for filling a vacancy in a Council committee.
MADER: Continued that three of the nine persons originally expressing interest have withdrawn their
interest, leaving six applicants remaining.
GUNDLACH: Asked if the three persons withdrawing from consideration were due to the article in the
Prior Lake American.
MADER: Chose not to comment on the reasons for their withdrawal from consideration. Further went on
to thank those persons expressing interest. Nominated Bill Criego and Christine Walsh to the EDA.
Also clarified that Ms. Walsh was also interviewed for the Planning Commission and that it was
determined that her expertise was better suited to the EDA.
MOTION BY SCHENCK, SECOND BY GUNDLACH TO APPOINT BILL CRIEGO AND CHRISTINE
WALSH TO FILL VACANCIES ON THE ECONOMIC DEVELOPMENT AUTHORITY.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
OTHER BUSINESS I COUNCILMEMBER REPORTS:
MADER: Discussed the 3rd of July regular meeting, and suggested either eliminating or rescheduling
that particular meeting at the discretion of the City Manager. Also discussed the Council's participation
on the Suburban Transit Authority. Asked the Councilmembers to reconsider the City's membership in
that organization.
ERICSON: Asked if there is a requirement for the City to participate, and if the City is funding the STA in
any way.
MADER: Noted that the City's participation is through a joint powers and is funded in a round-about way
through the City's payment to MVTA.
BOYLES: Reminded the Council that input is needed on the Comprehensive Lake Management plan,
noted the purpose of the plan at this point, and advised of the public informational meeting scheduled
for March 22nd. Also advised that the City is holding its first "How to Build a Deck" seminar on
Saturday, March 18th. Pre-registration is required.
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City Council Meeting Minutes
March 6, 2000
DRAFT
Executive Session - Sportsman's Club
The City Council retired to Executive Session to discuss pending litigation..
The regular meeting resumed at 10:40 p.m.
MOTION BY MADER, SECOND BY ERICSON TO AUTHORIZE THE CITY ATTORNEY TO
PREPARE A SETTLEMENT AGREEMENT FOR PRESENTATION TO THE SPORTSMAN'S CLUB.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Frank Boyles, City Manager
K
A motion to adjourn was made and seconded. The meeting adjourned at
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Re.\lI'~
REGULAR COUNCIL MEETING MINUTES
March 6, 2000
CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order.
Present were Mayor Mader, Councilmembers Gundlach, Petersen, Schenck and Ericson, City
Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, City
Engineer Osmundson, Public Works Supervisor Hartman, Parks Director Hokeness, Assistant City
Manager Walsh, and Recording Secretary Meyer.
APPROVAL OF AGENDA:
MADER: Requested adding under Old Business Item E (Consider City Manager Contract Revisions),
Item F (City Manager Performance Evaluation Criteria for 2000), and Item G (Proposals for Naming of
Parks). Also requested adding an Executive Session under Other Business in order to discuss the
Sportsman's Club litigation.
MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED.
SCHENCK: Proposed removing Item E and Item F (City Manager's New Contract and Evaluation
Criteria). Objected to adding such items at the meeting due to lack of preparation time. Also noted that
there has been no previous discussion on contract revisions for the City Manager.
MADER: Clarified that the City Manager criteria had been previously discussed at the work session with
documentation handed out at that time, as well as being distributing slightly modified criteria
immediately prior to this meeting. Also noted that Councilmembers were reminded at the previous
Council meeting to offer additional comments and none were received.
SCHENCK: Believes it is inappropriate to bring this matter to the agenda at the last minute. There is an
opportunity to include this item on a regular agenda. There is no urgency to the issue, and believes the
action is inappropriate. The purpose of an agenda is so that Council members and the public can be
aware of what action is being considered in advance. To continually attempt to slip items through at the
last minute borders on being unethical.
VOTE: Ayes by Mader, Gundlach, Petersen, Ericson, Naye by Schenck, the motion carried.
APPROVAL OF MINUTES FROM FEBRUARY 22.2000 REGULAR MEETING.
MADER: Asked that clarification be made to the City Manager's comments on the top of page three that
typically a fee is refunded only by Council direction once a service has been rendered. Also asked that
with respect to the presentation by EDA President Barsness, it be verified whether or not the Council
took action to accept the report. Further asked that it be added under both Public Hearing items that
prior to the motion to closed the meeting there where no further comments from the public.
MOTION BY GUNDLACH SECOND BY PETERSEN TO APPROVE FEBRUARY 22, 2000 REGULAR
MEETING MINUTES AS AMENDED.
16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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City Council Meeting Minutes
March 6, 2000
DRAFT
BOYLES: Clarified that the Equipment matrix planned for the purchase of a 1-ton 4x4 vehicle, and after
analyzing our needs, determined it would be more beneficial to purchase the less expensive van, while
still providing weather protection for the equipment.
GUNDLACH: Asked if the van will be heavy-duty enough to serve the City's purposes.
HARTMAN: Explained that initially he was concerned about a van's capability, but after viewing the vans
other cities are using for this application, he feels comfortable recommending this vehicle.
MADER: Does not support the motion due to his concerns regarding adding to the number of vehicles in
the fleet. Prefers to get an inventory of vehicles with age and mileage to see if we can move some
vehicles around to maximize utilization rather than adding vehicles. Suggested deferring the item until
an inventory can be obtained.
PETERSEN: Advised that these trucks have utility boxes and are 4-wheel drive, rather than the day-to-
day vehicles which are two-wheel drive. The vehicles aren't equipped to be interchangeable. Asked
what vehicle is currently being used for markings.
HARTMAN: Noted that currently staff uses a Chevy S-10, which means the equipment lays in the back
of the truck and has to be unloaded. The intention is to now utilize that truck in some lesser capacity for
summer help. Stated that in his department there are roughly seven vehicles for 10 full-time employees
and 5 part-time employees. Three vehicles are from 1986 - 1989 and all have 80,000 - 100,000 miles.
These vehicles will be rotated down, but some are still needed on a daily basis. There just are not
many daily routine vehicles.
GU~DLACH: Glad to see the criteria previously discussed by the Council is being implemented.
MADER: Noted that after hearing the additional discussion, he would support the motion.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Resolution 00-18 Authorizing Purchase of One (1) 83 H.P. Mechanical
Four-Wheel Drive Tractor for
MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-18 TO
PURCHASE TRACTOR.
VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried.
Consider Approval of Recommendation for Appointments to Fill Vacancies on the Economic
Development Authority.
MADER: Stated that due to an editorial in the Prior lake American that implied that the he had violated
city guidelines and stonewalled the EDA appointment process, asked that his verbatim comments be
included in the record as follows: His understanding of the City bylaws is that the Mayor appoints
members to the EDA subject to Council approval and that there is no requirement for how or when the
Mayor should act. Rather than making the appointments without Council, staff or citizen input, he
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