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HomeMy WebLinkAbout01 07 13 City Council Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES January 7, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Council members Keeney, Morton and Soukup, City Manager Boyles, City Attorney Rosow, Finance Director Erickson, City Engineer / Inspections Director Poppler, Police Chief O’Rourke, Fire Chief Hartman, Public Works/Natural Resources Director Gehler, Communication and Economic Development Director Rogness, Assistant City Manager Kansier and Administrative Assistant Green. OATH OF OFFICE Mayor Ken Hedberg received the Oath of Office from City Manager Boyles. Councilor Richard Keeney received the Oath of Office from City Manager Boyles. Councilor Monique Morton received the Oath of Office from Scott Morton. Certificates of election were distributed to each. RECESS Mayor Hedberg called a recess at 7:07 p.m. RECONVENE Mayor Hedberg reconvened the meeting at 7:20 p.m. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: Derek Nelson , 7026 Sussex Lane, Shakopee, MN, stated his parents were in the process of building a new home in Prior Lake. Stated he has been there to help his parents with the building process and explained his qualifications as a general contractor. Cited several issues and his belief that 20 or more items critical to the structure of the home did not meet standards and should have been identified in the home inspection but were not.. Stated he thought the building inspectors would watch out for them, but the inspection report listed only four items needing correction and missed such things as load points. Stated he called the City and spoke to a person in the building department about such things as sheeting inspections and was told they did not have enough time. Commented that the permit fees were approximately $15,000 and he felt they had paid to have building inspection services performed to protect them. Stated that if building inspectors don’t have time to properly inspect homes, they should not be granting permits. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com City Manager Boyles requested an opportunity to meet with Nelson to learn more specifics and see what the circumstances were. Nelson agreed. APPROVAL OF AGENDA MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE DECEMBER 10, 2012 CITY COUNCIL MEETING. VOTE: Ayes by Hedberg, Keeney and Soukup. Morton abstained due to her absence at the meeting. The motion carried. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE THE MINUTES OF THE DECEMBER 19, 2012 SPECIAL CITY COUNCIL MEETING. VOTE: Ayes by Hedberg, Keeney and Soukup. Morton abstained due to her absence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. November 2012 Police Report C. Consider Approval of Resolution 13-001 Approving the Prior Lake Optimist Club Premise Permit for Lawful Gambling D. Consider Approval of Resolution 13-002 Approving the Prior Lake Water Ski Association Premise Permit for Lawful Gambling Morton: Observed that the agenda packet had mismatched the agenda reports and accompanying resolutions for items 5C and 5D. Asked if she should take her questions about claims listing directly to the Finance Director or the City Manager. Hedberg: Affirmed. MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. PRESENTATIONS Recognition of Al Friedges Public Works / Natural Resources Director Gehler provided comments about the achievements of Al Friedges including his work on building Lakefront and Ponds parks; the Fishing in the Neighborhood program and the community gardens. Stated he served as staff liaison to the Parks Advisory Committee for many years and worked with numerous athletic Mayor Hedberg associations to bring improvements to parks. presented a plaque of appreciation to Friedges stating the City owed Friedges a tremendous debt of gratitude. Parks are one of most prestigious attributes of the City and Friedges was dedicated to making the Friedges parks second to none. commented on his more than 34-year career with the City speaking of growth and his interest in natural resources. Stated he will miss the people he had the opportunity to work with. Comments: 2 01 07 13 City Council Meeting Minutes Soukup : Thanked Friedges for his service and stated she would accept his offer to visit the recycling center at SMSC. Commented on knowledge he imparted to her during her orientation as new councilmember. Keeney : Commented that everyone knows Friedges’ work in Prior Lake from living here and seeing the results in the parks. The City’s parks are at the top of any community in Minnesota. It’s one of the things people living here love. Hedberg : Stated that Friedges will be missed at the City and his new position will be the good fortune of SMSC. Swearing in Ceremony for Officer Conrad J. Adelman Police Chief O’Rourke introduced the City’s newest police officer. Noted that the position became available with the promotion of Officer Cragoe to Sergeant. He provided a biography of Mayor Hedberg Adelman’s education and experience. administered the Oath of Office. PUBLIC HEARING Consider Approval of an Amendment to the Prior Lake City Code, Subsection 106.600 (Adoption of Official Fee Schedule) and a Resolution Approving the Summary of Ordinance for Publication Finance Director Erickson stated this public hearing is a final step in adopting a fee schedule for 2013. MOTION BY SOUKUP, SECONDED BY KEENEY TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried and the public hearing opened at 7:46 p.m. Comments: No person stepped forward to speak. MOTION BY SOUKUP, SECONDED BY KEENEY TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried and the public hearing closed at 7:47 p.m. ORDINANCE 113-01 MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE REVISING SECTION 106.600 OF THE PRIOR LAKE CITY CODE AND ESTABLISHING A FEE SCHEDULE FOR ALL CITY LICENSE FEES, USER CHARGES AND PERMIT CHARGES PURSUANT TO MN. STATUTE § 462.351 TO 462.364. Keeney: Noted there is a substantial increase to the water rate and asked what can be expected for the future. Erickson : Replied that the CIP process included evaluation of the needs of the water fund for fund balance and operational needs. It was determined that incremental increases would be preferable to large, periodic increases. Increases of 25 cents per gallon are anticipated for the next four years. Keeney : Reiterated that this is to catch up to debt and maintain the fund balance. Erickson : Affirmed it is to maintain the fund balance and it is evaluated each year with the Capital Improvement Plan for projects that require water or sewer funding. Keeney : Queried whether this includes the Well No. 10 vs. SMSC contract. Erickson : Stated that it does. Would affect the debt services in future years so Well No. 10 did not have a big impact on projections. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. 3 01 07 13 City Council Meeting Minutes RESOLUTION 13-003 MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE APPROVING THE SUMMARY OF ORDINANCE 113-01 AND ORDERING THE PUBLICATION OF SAID SUMMARY. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. Consider Approval of a Resolution Vacating a Portion of Eleventh Street Located South of Spring Lake Road (CSAH 12) and North of Spring Lake Within the Plat of Spring Lake Townsite. Community and Economic Development Director Rogness informed the Council that the City has received application from two landowners for a vacation. Described the site. Stated the parcel was originally platted as right of way for a street, but through the years has become the side yards of abutting property owners. No public access to the lake is available at this time. Displayed original platting and compared it to actual buildout. Described other sites around Spring Lake that have public access to the lake. Displayed the master plan for development of the segment of Spring Lake Regional Park that has access to the lake. Stated that the Planning Commission recommends granting the vacation. Comments: Keeney : Asked whether the parcel could be sold and developed as a lakeshore property. Rogness : Replied that if the vacation goes through, the property will be divided and the adjoining property owners will gain title. The lot by itself does not meet the minimum lot size requirements so variances would have to be sought if the parcel remained intact. Keeney : Asked whether the City could choose to sell the property and not divide it between the adjacent property owners. Rosow : Replied that the City has rights to the property as a result of dedication of plat, which is equivalent to an easement. The City does not have the right to sell any property that is dedicated on a plat. The property goes back from where it came. If it was one parcel that was platted in these lots then it is divided down the middle with half going to each abutting property. Keeney : Stated he only sought to assure that the property could not be sold for significant value. Hedberg : Noted that a letter was received from the Department of Natural Resources (DNR) and asked staff to summarize its content. Rogness : Replied that State Statute requires that the City notify the DNR for comment since this property is adjacent to a public water body. The DNR commented and recommended that the City not vacate because they believe that public access to the lake is valuable and within the next 100 years there may be some Council that would say it should become a public access to the lake. They also commented on the public interest component stating that just because the City has not used it for street or utilities, it is not a compelling reason to vacate something that is deemed to be in the public interest. Morton : Sought clarification of the map showing public accesses to lake and the relationship of this parcel to other such properties. MOTION BY SOUKUP, SECOND BY MORTON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried and the public hearing opened at 8:10 p.m. Comments: Gail Nelson , 2697 Spring Lake Road, stated she has lived there for 41 years and this property is adjacent to hers. Stated the property already had the retaining wall before they purchased their home. The lot has always been vacant. She has maintained the property; and has no desire to change the property. Believes the site is too small to put another building there. 4 01 07 13 City Council Meeting Minutes Stated she is seeking the vacation to avoid the future hassle of dealing with it when she wants to sell her house and has to explain that the yard is not part of the parcel. Curt Hennes, 17285 Sunset Trail, stated he has lived on Spring Lake for 20 years. Commented he understands Nelson’s position, but she has been using 30 feet of lakeshore land for nothing. Commented that a number of the frontages on Sunset Trail are only 50 feet and this land is worth some money. Asked why variances could not be granted so the site could be built on. Spoke of an access off Sunset Trail that has a walkway and park bench. Suggested the City not give this parcel away. If it is not sold, it could be developed as an access to the lake. Gail Nelson, 2697 Spring Lake Road, commented that the parcel is not easy access to the lake noting that the retaining walls are in tiers and there is much gravel and rock. Believes it would require much work to make a sidewalk to the lake. Noted also that the water quality by the end of the summer is reduced to a condition that makes the shoreline undesirable. Believes the lot would not be buildable. MOTION BY MORTON, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried and the public hearing closed at 8:20 p.m. RESOLUTION 13-004 MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE VACATING A PORTION OF ELEVENTH STREET LOCATED SOUTH OF SPRING LAKE ROAD (CSAH 12) AND NORTH OF SPRING LAKE WITHIN THE PLAT OF SPRING LAKE TOWNSITE. Comments: Morton : Stated her understanding that the parcel is more like an easement so the City cannot sell it. Rosow : Affirmed. Stated that in normal circumstance when right of way is platted and dedicated in a plat a city holds title in trust for the benefit of the trust. The Supreme Court has said that is the equivalent of an easement and a city does not have the right to convey it. The opportunities for this item are to not vacate the property and retain it for public purposes such as access, to vacate it or to defer action pending additional information. Morton : Reiterated that if the Council’s decision is to vacate, the adjacent homeowners get the property and they receive the incremental value of it. Rosow: Affirmed. The City does not give them a deed; it accrues to them as a matter of law. They may need to bring a proceeding to have their title officially recognized. That is not the City’s responsibility. If resolution is passed, it is only the first step for the property owners in adding it to their legal description for title purposes. Morton : Asked whether the property owners would become responsible for property taxes on the additional frontage. Rosow : Affirmed. Keeney : Agreed with the DNR’s comment that the lakeshore access is precious commodity. Asked about site identified as #2 on the map and whether it has been vacated. Rogness : Replied that #2 was added to the map because the County’s GIS shows a narrow parcel that appears to be part of CR 12 right of way. Noted that the property does not align to any original plat and he is unclear of its origin. GailNelson : Believes that land was part of the developer’s plan for the five houses across the street to have access to the lake. Hedberg : Believes the site is a current and active neighborhood access to the lake. Keeney : Asked if it is a deeded access or open to the public. Nelson : Replied that it is her understanding that it is for those five houses. Those homeowners put docks and boats there and are taxed for the property. 5 01 07 13 City Council Meeting Minutes Keeney : Noted that it would not then be a public access. Asked if the City could vacate less than the full width of the proposed vacation site. Rosow : Affirmed that it could. Since the resolution needs to be filed and be specific that may be a reason to defer action to draft the legal description to do that. Perhaps it is appropriate to defer to allow time to get title information about lots on either side so he can advise whether they are abstract or Torrens and what happens with this property. If it was dedicated on the Plat it is not a parcel of property that can be built on as a parcel and there would be concerns about it being recombined as a 60-foot lot. Keeney : Clarified that the public would not be able to get this site back if it is vacated. Soukup : Commented that the public will have access to the lake when Spring Lake Regional Park is developed with parking and other amenities. Questioned whether a public access that is only a narrow walkway is really in the public’s best interest. Rogness : Described the plans for developing the 14-acre area lake access of Spring Lake Regional Park. Soukup : Believes the public will be more drawn to the developed area than a narrow strip of land. Believes the land should be vacated and the City can begin to accrue the tax dollars from it. Keeney : Commented on Howard Lake Road now being a trail in Spring Lake Regional Park. Hedberg : Commented on the Raymond Avenue Park and the City’s ownership of approximately 800 feet of shoreline there which is currently available to the public. Believes the City is best served by getting this land on the tax rolls. Believes the DNR concerns are addressed by the other park lands available. Keeney : Questioned the City Attorney about his concern about the status of the plat and whether or not the City could sell the parcel. Rosow : Stated his concern was not about the authority to vacate the land, but to give further information about the process for the properties on either side of this parcel. Keeney : Clarified that the City Attorney is quite certain that the City has no ability to sell the property. Rosow : Affirmed. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of City Council Appointments to Boards, Commissions and Committees City Manager Boyles reviewed the proposed appointments. Comments : Morton : Stated her understanding that these roles rotate on an annual basis. Boyles : Affirmed that is generally true, but there are circumstances where a councilor has remained on an assignment for a longer length of time. Hedberg : Added that appointment to the Economic Development Authority (EDA) is an exception as EDA bylaws require that appointment be for the remainder of the term on the Council. Morton : Stated she had a specific interest in the EDA and since the rotation is not annually for that role, requested that she be considered for that appointment. Hedberg : Suggested that be proposed and voted on. Keeney : Suggested the Suburban Transit Association and EDA appointment should be discussed. Stated he is fine with the appointments proposed for him. 6 01 07 13 City Council Meeting Minutes Soukup : Stated she would like to discuss the appointments to the advisory committees. MOTION BY KEENEY, SECOND BY SOUKUP TO APPOINT MAYOR HEDBERG TO THE EDA. Soukup : Clarified whether the motion is to appoint Hedberg as President of EDA. Hedberg : Replied that the bylaws set out how the President is appointed and it may not automatically be him. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. MOTION BY KEENEY, SECOND BY MORTON TO DEFER THE SECOND APPOINTMENT TO THE EDA UNTIL THE CITY COUNCIL VACANCY HAS BEEN FILLED. Soukup : Sought clarification that by deferring appointment until there is a full City Council, the appointment could potentially be for less than a two-year term if the appointment is the new person. Keeney : Clarified that the length of appointment would be for whatever remains of any councilor’s term. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. MOTION BY SOUKUP, SECOND BY MORTON TO DELIBERATE ON LIAISONS TO THE ADVISORY COMMITTEES. Soukup : Commented that she is not available to serve on the Economic Development Advisory Committee (EDAC) as it meets during the day and her work schedule would not allow her attendance. Morton : Asked if dates and times that advisory committees meet could be reconsidered. Boyles : Reviewed the advisory committee meeting schedule. Keeney : Stated he could take the EDAC appointment. Hedberg : Related the newly proposed liaison appointments to the advisory committees. MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE THE APPOINTMENTS AS AMENDED TO THE AGENDA REPORT. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. Keeney : Commented that he is scheduled to make a presentation next week as part of his role as the 2012 appointee to the Suburban Transit Association. Suggested his appointment be continued through that date. Noted that the location of their meetings is convenient to his work place and he is willing to continue as liaison for another year. Hedberg : Asked if he is willing to give something up to keep the Suburban Transit Association. Keeney : Replied that he does not consider it a burden to add this. Soukup : Asked when the Snowmobile Task Force meets. Keeney : Replied that it meets a couple of times a year in the evening. Hedberg: Suggested Keeney give up the Independent School District (ISD) appointment in favor of the Suburban Transit Association, and Soukup could consider one of the advisory committees that meet regularly which would lighten the meeting load for Morton. MOTION BY SOUKUP, SECOND BY MORTON TO RECONSIDER ADVISORY COMMITTEE LIAISON APPOINTMENTS. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. 7 01 07 13 City Council Meeting Minutes MOTION BY SOUKUP, SECOND BY MORTON TO MAKE THE FOLLOWING LIAISON APPOINTMENTS TO THE ADVISORY COMMITTEES. Parks Advisory Committee Morton Lakes Advisory Committee New Councilor Planning Commission Morton Community Safety Advisory Committee Soukup Technology / Communications Advisory Committee Soukup Economic Development Advisory Committee Keeney Traffic Safety Advisory Committee New Councilor VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. MOTION BY KEENEY, SECOND BY SOUKUP TO APPOINT MORTON AS THE ISD 719 REPRESENTATIVE. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. MOTION BY KEENEY, SECOND BY SOUKUP TO APPOINT KEENEY AS THE SUBURBAN TRANSIT ASSOCIATION REPRESENTATIVE. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. MOTION BY KEENEY, SECOND BY SOUKUP FOR THE REMAINING ASSIGNMENTS AS RECOMMENDED IN THE AGENDA REPORT. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. RESOLUTION 13-005 MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE DESIGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. Consider Approval of Recommendations of the City Attorney, Advisory Committees and Bylaws and Compensation Subcommittee to Amend City Council and Advisory Committee Bylaws City Manager Boyles commented on the process for revising bylaws and asked the Council to defer a decision on bylaws revisions to allow time for review by the City Attorney and respective advisory committees. Soukup : Asked how much time would be needed. Keeney : Asked whether bylaws must be ratified at the beginning of the year. Boyles : Replied that consideration of bylaws revisions is required to be on the agenda for the annual meeting, but the Council can elect to defer the discussion. Keeney : Queried whether existing bylaws continue to be in effect. Boyles : Affirmed. Soukup : Asked when revisions would become effective. Rosow : After they are adopted. MOTION BY KEENEY, SECOND BY TO HAVE THE CITY ATTORNEY AND THE BYLAWS AND COMPENSATION SUBCOMMITTEE PREPARE A RECOMMENDATION FOR THE CITY COUNCIL AND ADVISORY COMMITTEE BYLAWS. Keeney : Identified that this is not a re-write of the bylaws, but just a review. 8 01 07 13 City Council Meeting Minutes Hedberg : Would like to have bylaws brought back by second meeting of February. MOTION BY HEDBERG, SECOND BY KEENEY TO AMEND THE MOTION TO STATE ANY PROPOSED REVISIONS BE BROUGHT TO THE COUNCIL BY THE SECOND MEETING IN FEBRUARY. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. Boyles : Reiterated that the City Attorney would review the bylaws, and then the advisory committees before they will be brought back to the Council. Morton : Suggested the review by the City Attorney and the advisory committees be done simultaneously. Hedberg : Asked if more time is needed. Boyles: Responded he would like an additional 15 days. MOTION BY HEDBERG, SECOND BY MORTON TO RECONSIDER THE AMENDMENT MOTION TO BRING THE PROPOSED REVISIONS TO THE COUNCIL BY THE SECOND MEETING IN FEBRUARY. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY KEENEY TO HAVE THE CITY ATTORNY AND ADVISORY COMMITTEES REVIEW THEIR BYLAWS AND BRING THE TOPIC OF BYLAWS REVISION BACK TO THE COUNCIL AT THE SECOND MEETING OF MARCH. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. Consider Approval of an Amendment to Section 104 of the City Code Specifying the Authority to Issue Citations AssistantCityManagerKansier stated that existing City Code does not give explicit authority to the Code Enforcement Officer to issue a citation. The proposed amendment provides for staff members to have such authority under appropriate circumstances. Morton : Asked how many citations are anticipated to be written. Kansier : Replied there are approximately five per year. Hedberg : Asked if the language will limit citation writing to area of responsibility for those individuals. Rosow : Replied that the scope of authority is for violation of City Code, not State law. But, for example, the Fire Chief could write a citation outside of the Fire Code. In practical application, it would not happen. Keeney : The language states that it is in the scope of their duties. Rosow : Would not take that as a narrowing of their authority. Flexibility is key which is why so many individuals are identified. Keeney : Clarified that, for instance, the Assistant City Manager generally has administrative duties, but may fill in for other department heads. When they are so assigned, this would allow them to issue a citation. Rosow : Affirmed. Hedberg : Suggested alternate language stating he does not want, for example, someone in the parks department to write citations about things that are under the scope of the planning department. Morton : Suggested that since a minimal number of citations are issued, perhaps that function should remain in the hands of a police officer. Rosow: Commented that a change in language could result in being forced to identify where in the City Code the scope of duties is outlined. Recommended adopting the language as 9 01 07 13 City Council Meeting Minutes presented. Believes staff will be required to write citations and that is the authority they should have. ORDINANCE 113-02 MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE AMENDING SECTION 104 OF THE PRIOR LAKE CITY CODE BY AMENDING SUBSECTION 104.100 AND ADDING SUBSECTION 104.400 RELATING TO PENALTIES AND CITATIONS. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. OTHER BUSINESS Keeney: Asked if any City Council applications have been received. Boyles : Replied there have been three inquiries and two applications picked up. The deadline to receive applications is January 18. Reiterated the process is scheduled for the Council to interview candidates on January 23 with the possibility of making an appointment on January 23 and administering the oath of office on January 28. Keeney : Asked if applications would be distributed with the agenda packet for January 23. Soukup : Asked if the meeting will be on public access TV. Boyles : Stated that if it is sent out live, the other candidates should be sequestered so they cannot listen to each other. Hedberg : Recalled at the time of his appointment, the candidates were sequestered. Two candidates did not show up in time for sequestering and were eliminated from the process. Appointment was made after a short recess by the Council. Believes it was done that way to assure to the public that the process was transparent and there was no behind the scenes discussion about who to appoint. Keeney : Not as concerned about the period of time between interview and appointment, but asked if it is appropriate for Councilors to have contact with the candidates during that time to answer questions or for further interview. Boyles : Believes the official selection process should be part of the interview with all members of the Council present. Soukup : Believes there should be no communication with the candidates by Councilors until the interviews on January 23. Keeney : Believes that will be a disadvantage to candidates who are not well connected with the Council. Soukup : Stated that candidates should be seeking information before the application deadline on January 18. Keeney : Stated that if there is an applicant he did not know, he would desire to meet them and become more informed about them. Soukup : Believes that those interested will do their homework; and the reason for interview is to learn more about them and see how they feel about things. Morton : Concurred with Soukup that the interview is the applicant’s opportunity to put his/her best foot forward. Stated she leans towards being cautious about individual communication with the applicants. Hedberg : Agreed. Suggested that anyone considering application could be encouraged to contact any council member, and when applications have closed, Councilors should no longer meet with them. Stated he favors reconvening on January 23 and making an appointment. Soukup : Concurred with making the decision on January 23 and administering the oath of office on January 28 so the Council can get on with business. Keeney : Stated he would rather conduct interviews, have time to re-read his notes and reflect and be prepared to make appointment on January 28. Agreed the Council could reconvene for discussion on January 23, but not to make appointment. Morton : Concurred with Keeney. Need time to digest thoughts and not feel pressured to make an instant decision. 10 01 07 13 City Council Meeting Minutes Soukup : Would like to have an appointment before January 28 so someone can be sworn in at that meeting. Hedberg : Suggested Councilors be on record that they will avoid contact with those applicants until Council meets again. Suggested that if there are a large number of candidates, the Council may want to narrow to three finalists. They should be notified to show up because we intend to appoint and swear in on January 28. Soukup : Commented that the budget is a hot topic and the new person will need to be up to speed early. Morton : Would like to leave the option on the table. Want to have time to step away and consider if necessary. Keeney : Stated he is open to the idea of narrowing the list without making a final decision on January 23. Soukup : Asked if the portion of the meeting when debating the applicants will be open. Hedberg : Affirmed. Soukup : Asked if the candidates will be sequestered during those deliberations. Hedberg : Replied they may want to watch the deliberations and would be allowed to. Boyles : Questioned the protocol of making the appointment and administering the oath of office at the same meeting. Keeney : Commented the new person could be appointed on January 28, use the period of time before the next meeting to ramp up and prepare for the role, and the oath could be administered at the February 11 meeting. Morton : Councilors should agree to avoid the candidates. Soukup : Asked when the Council could reconvene if further discussion is wanted. Hedberg : Replied it would be January 28. Keeney : Stated the EDA appointment could be made on January 28 also. Rosow: Stated that a motion would be in order to state that candidates would be interviewed on January 23, a list of finalists would be formed and an appointment would be made on January 28. MOTION BY KEENEY, SECOND BY MORTON THAT THE AGENDA FOR THE JANUARY 23, 2013 MEETING SHOULD INCLUDE COUNCIL CANDIDATE INTERVIEWS, DISCUSSION OF INTERVIEWS AND SELECTING ONE OR MORE FINALISTS FOR CONSIDERATION; AND MAKING AN APPOINTMENT TO THE COUNCIL SHOULD BE SCHEDULED FOR THE JANUARY 28, 2013 CITY COUNCIL MEETING AGENDA. VOTE: Ayes by Hedberg, Keeney, Morton and Soukup. The motion carried. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Soukup and seconded by Morton. The motion carried and the meeting adjourned at 10:07 p.m. ___________________________________ __________________________________ Frank Boyles, City Manager Charlotte Green, Administrative Assistant 11 01 07 13 City Council Meeting Minutes