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HomeMy WebLinkAboutdraft 03 11 13 City Council Meeting Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES March 11, 2013 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Soukup, City Manager Boyles, City Attorney Rosow, Finance Director Erick- son, City Engineer / Inspections Director Poppler, Public Works / Natural Resources Director Geh- ler, Community and Economic Development Director Rogness, Assistant City Manager Kansier, Assistant City Manager Meyer, Police Chief O’Rourke and Administrative Assistant Green. 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 govern- mental topics rather than private or political agendas. Topics may be addressed at the Public Fo- rum 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: Wes Mader , 3470 Sycamore Trail, stated that he is a member of Citizens for Accountable Gov- ernment (CAG), and they filed a formal complaint with the City regarding what to post for salaries for the three highest paid employees. Stated that the City Attorney responded to the complaint with a letter that said amounts not specifically labeled as base salary do not have to be disclosed. Believes the City Attorney’s response was biased as he is paid by the City; and is not correct. Cit- ed Statute to support his point of view, including that longevity pay should be disallowed. Stated that CAG will file a second complaint. Morton : Asked about normal operating procedure when a member of the public brings a topic for- ward. Hedberg : Replied that, depending on the circumstances, direction may be provided to staff or a group to take action, or the Council may just receive the information that is offered. In this case, he believes the complaint should be researched. Morton : Suggested a report be brought back to a Council meeting. Hedberg : Commented that a standing subcommittee addresses the City Manager performance evaluation and contract review. Suggested that if direction is provided, it should be to that com- mittee. Keeney : Commented that some of the allegations go beyond the actual compensation level and are directed towards transparency issues. Believes when allegation of violations come forward, there should be a report back to the Council so an informed decision of the next step can be made. Suggested it be placed on the agenda for the next meeting. Hedberg : Suggested a report from the committee rather than staff. Keeney : The allegation implicates the City Attorney so the report should be made back to a public venue. Queried whether the subcommittee could meet and report back to the Council. McGuire : Appropriate for it to go to committee and report back to full Council within the next two meetings. Soukup : Stated there is a closed meeting for the City Manager performance review; and then the full Council meets to evaluate performance and contract terms. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Boyles : Noted that the Council is in the Public Forum portion of meeting. Suggested this topic be added to the agenda so a full discussion can be held to determine the best approach with this. CurtHennes , 17286 Sunset Trail, stated he is a newly appointed manager to the Prior Lake Spring Lake Watershed District Board of Managers. Noted that the Watershed meets the second Tuesday of every month and all are welcome to come to their meeting. Spoke about a newly re- leased video about watersheds and distributed a copy to the Council. Reviewed some of the pro- jects the Watershed is working on. Hedberg : Commented that water quality has been a top priority for City Council. LucyShepard , 14500 Meadowlawn Trail, commented that she would like to state her concerns with the interim ordinance agenda item. Hedberg: Stated he would call her forward to speak during the agenda item discussion. APPROVAL OF AGENDA MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE THE AGENDA. MOTION BY KEENEY, SECOND BY MCGUIRE TO AMEND THE AGENDA TO ADD ITEM 10E, DISCUSSION OF OFFICIAL ACTION TO BE TAKEN IN REGARDS TO THE COMPLAINT RE- CEIVED AT THE PUBLIC FORUM. VOTE (on the amendment): Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The mo- tion carried. Boyles: Suggested that continuation of the work session to discuss the 2030 Vision and Strategic Plan should be added to the agenda as item 11A. MOTION BY KEENEY, SECOND BY SOUKUP TO AMEND THE AGENDA TO ADD ITEM 11A, CONTINUE THE WORK SESSION, TIME PERMITTING, TO DISCUSS THE 2030 VISION AND STRATEGIC PLAN. VOTE (on the amendment): Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The mo- tion carried. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE MINUTES OF THE FEBRU- ARY 25, 2013 CITY COUNCIL MEETING. VOTE: Ayes by Hedberg, McGuire, Morton and Soukup. Keeney abstained due to his 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. Consider Approval of Resolution 13-025 Authorizing Full and Final Payment to Chard Tiling and Excavating for the Arcadia and County Road 21 Improvement Project (City Project #11- 001) C. Consider Approval of a Report Establishing Key Dates and Topics Related to the Preparation of the 2014 Budget D. Consider Approval of Resolution 13-026 Approving a Temporary Liquor License Extension for the Prior Lake VFW E. Consider Approval of a Massage Therapy License for Susan Skovran MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. 2 DRAFT 03 11 13 City Council Meeting Minutes PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of the Preliminary 2012 Financial Report Finance Director Erickson reviewed the funds included in the financial report. Explained the sources of overage for revenues and underage of expenditures. Provided information about re- serve balances and activities in the funds for 2012. MOTION BY SOUKUP, SECOND BY MCGUIRE TO ACCEPT THE DECEMBER 31, 2013 FI- NANCIAL REPORT AS SUBMITTED. Keeney: Commented on the overage of revenue for the Water Fund and asked if the budget had not been amended at the time rate increases were approved; or if the overage was due to in- creased consumption. Erickson : Replied that consumption was up 17%. Rate increases had not been incorporated into the budget for 2012. Keeney : This revenue stays in the Water Fund so this balance will be part of decisions about fu- ture water rates and future capital. Erickson : Affirmed adding that updated figures for reserve balances will be available when the Council discusses the Capital Improvement Program. Morton : Asked about the re-authorization of funds in the Facilities Management Fund. Erickson : Replied that it is for major repairs at Club Prior and Library which were not completed at the end of 2012 so $122,000 carried into 2013. Hedberg : Asked about the under-expenditure in street overlay of $43,000. Gehler : Replied that the overlay bids came in lower than projected. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of 1) a Resolution Authorizing a Study; 2) an Interim Ordinance to Pro- hibit Development of Properties Currently Abutting CR 42; and 3) A Resolution Approving an Ordinance Summary and Publication Community and Development Director Rogness outlined changes that have occurred in the City since 2005 when the 2030 Comprehensive Plan was approved. Displayed graphics that depicted changes regarding commercial/industrial and residential building permit values. Noted that in 2005 high activity led to assumptions about growth that have since diminished. Described changes along CR 42 since 2005. Identified Statute that provides authority for the proposed interim ordi- nance. Displayed graphic showing properties proposed for inclusion in the moratorium on devel- opment. RESOLUTION 13-027 MOTION BY SOUKUP, SECOND BY KEENEY TO APPROVE AUTHORIZ- ING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE COMPREHENSIVE PLAN AND CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE, AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO PROPERTY ABUTTING HIGHWAY 42 WITHIN THE CITY OF PRIOR LAKE THAT IS UNPLATTED AND UNDEVELOPED. 3 DRAFT 03 11 13 City Council Meeting Minutes Keeney : Noted that the CR 21 construction will make the CR 42/CR 21 intersection more im- portant in City planning and suggested that the properties in the NE quadrant of the intersection along with properties north of the Crest Avenue should be included in the study. Rogness : Agreed those areas may have merit. Suggested that a map identifying areas to be in- cluded be part of the interim ordinance. Keeney : Stated that properties where the City may consider changing zoning should be included as part of the study; but properties where parties are in the midst of development should not be impeded and should not be included in the study. Questioned if the Summit Preserve area has fallen idle. Soukup : Supports the study. Sought clarification of areas around Summit Preserve. Rogness : Described the area, ownership of parcels and how future infrastructure would serve the area. Soukup : Stated that along with the Council’s review of the downtown area, arterial roadways and large blocks of property should be studied to determine best use. Morton : Asked how long it would take to get a response from a study. Rogness : Six to nine months. Boyles : Noted that the proposed interim ordinance provides for up to a year. Morton : Asked if the moratorium must be passed with the study; or if it can be considered as a separate item. Rosow : They can be separate. Keeney : Understands that the areas designated for a moratorium would be those for which we are considering a change in use. Believes it is key to identify which properties are subject to change in our 2030 Comprehensive Plan. Morton : Asked if that would limit flexibility to consider other properties that might be appropriate for redevelopment. Rosow : Commented that the study must be authorized before adopting the ordinance and the moratorium can only affect areas identified as part of the study. The Council has the ability to con- sider an amendment to the Comprehensive Plan at any time. If the Council wants to consider de- velopment of a parcel inside a study parcel, the ordinance can be amended to remove it from the study area. Hedberg : Agreed with Keeney’s suggestion to include parcels along Crest Ave north to the City boundary. Believes the study should include the NE and NW quadrants of CR 42 and CR 21, and areas of land currently under SMSC ownership that will be developed under different land use rules should be delineated. Invited Lucy Shepard to state her concerns. LucyShepard , 688 Fairmont, St. Paul, stated she grew up at 14500 Meadowlawn Trail. Com- mends the study of CR 42, but noted that the Meadowlawn area has 40 acres, some of which has been farmed, and the part adjacent to CR 42 is a wetland. Stated she has a purchase agreement and a developer who wants to build single family homes on the property and it would be a financial hardship on the sellers to not be able to close the sale. Hedberg : Stated that many things have changed in Prior Lake since 2005 when the 2030 Com- prehensive Plan was put together and the City needs to consider what to do with properties along CR 42. Stated he will press for an expeditious study, but believes the Council has a responsibility to act on the long-term planning questions that have arisen. Suggested the area to be included in the study north of CR 42 should extend from Crest Avenue to McKenna Road excluding the YMCA and church properties. Keeney : Suggested that all properties be included north of CR 42 to the quarter section line and west to McKenna; exclude the trust land owned by SMSC; and exclude the property where a sale is in progress. Rogness : Believes no properties north of CR 42 are in in the process of being sold. Suggested the City limits to the east and west to McKenna Road. Keeney : Would amend the area south of CR 42 to not include the Shepard property and the adja- cent property since staff has indicated that the plat for the adjacent property should be done to- gether with the Shepard property. 4 DRAFT 03 11 13 City Council Meeting Minutes MOTION BY KEENEY, SECOND BY HEDBERG TO AMEND THE MOTION TO CONDUCT A STUDY TO INCLUDE THAT THE PARAMETERS OF THE STUDY TO BE NORTH OF CR 42 TO THE QUARTER SECTION LINE FROM THE CITY LIMITS ON THE EAST TO MCKENNA ROAD TO THE WEST; AND SOUTH OF CR 42 NOT TO INCLUDE THE SHEPARD AND ADJACENT PROPERTY. Morton: Queried whether outlots should be included. Keeney: Stated he did not include them as he does not believe there is much opportunity to change their designation. Soukup : Asked for a clarification of the areas south of CR 42. Keeney : Responded that it would be to remove the Shepard and adjacent property from the list. VOTE (on the amendment): Ayes by Morton, Hedberg and Keeney. Nays by Soukup and McGuire. The motion carried. Keeney : Stated it will be important to have the study carefully purposed and there should be spe- cific recommendations to plans for the study area between commercial business office / retail and residential and the accompanying infrastructure. Asked if staff should be authorized to proceed with the study at this point. Rosow : Noted that the authorization is to undertake a study without specifying if it should be com- pleted in-house or outsourced. Commented that from a planning point of view, what can and can- not be considered could be delayed until a report on the scope of the study is brought back to the Council. MOTION BY HEDBERG, SECOND BY MCGUIRE TO RECONSIDER THE AMENDMENT. Hedberg : Believes the study area should include the Meadowlawn area. Stated that he erred in his vote. Concurs with the other properties identified for the study. Keeney : Stated his reason for excluding the Meadowlawn properties is his belief that area will not be changed from residential and holding up the purchase agreement already in place will cause more damage than good. Commented that Prior Lake has a reputation of being hard to deal with. Believes that development should not be delayed for up to a year. Hedberg : Stated the development of that area is problematic for the City. Believes it is necessary to include it in the study area and proceed to solve any problems with it. VOTE (to reconsider): Ayes by Hedberg, McGuire, and Soukup. Nays by Morton and Keeney. The motion carried. Soukup: Suggested the boundary include the Jeffers commercial outlots and the Meadowlawn property. Hedberg: Suggested a recess to allow staff the time to denote the properties to be included in the study. MOTION BY KEENEY, SECOND BY SOUKUP TO RECESS. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. RECESS The recess was called at 8:40 p.m. RECONVENE MayorHedberg reconvened the meeting at 8:47 p.m. MOTION BY SOUKUP, SECOND BY MCGUIRE TO INCLUDE THE AREAS HIGHLIGHTED ON THE DISPLAY ON THE NORTH AND SOUTH SIDE BOUNDED BY THE CITY LIMITS ON THE EAST AND MCKENNA ROAD ON THE WEST. Rosow : Clarified that it includes the Meadowlawn area. Soukup : Affirmed. 5 DRAFT 03 11 13 City Council Meeting Minutes VOTE: (amendment to the amendment) Ayes by Hedberg, McGuire and Soukup. Nays by Keen- ey and Morton. The motion carried. Hedberg : Clarified that Keeney made an amendment to specify the areas to be included in the study. MOTION BY SOUKUP, SECOND BY MCGUIRE TO SPECIFY THE AREAS TO BE INCLUDED IN THE STUDY. VOTE: Ayes by Hedberg, McGuire and Soukup. Nays by Keeney and Morton. The motion car- ried. Hedberg : Clarified that there is a motion on the floor to approve the study. McGuire : Commented that this should be completed in the shortest period of time possible such as six months. MOTION BY MCGUIRE, SECOND BY SOUKUP TO SPECIFY THAT THE STUDY BE COM- PLETED IN A SIX MONTH TIME FRAME. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Rosow: Stated that due to the number of amendments made, it is appropriate to have a new mo- tion to authorize a study as amended. MOTION BY MCGUIRE, SECOND BY SOUKUP TO AUTHORIZE A STUDY AS AMENDED. VOTE: Ayes by Hedberg, McGuire and Soukup. Nay by Keeney and Morton. The motion carried. ORDINANCE NO 113-05 MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE AN IN- TERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBIT- ING ALL DEVELOPMENT AND SUBDIVISION OF IDENTIFIED PROPERTY ABUTTING HIGH- WAY 42 WITHIN THE CITY OF PRIOR LAKE; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CON- TAINS PENALTY PROVISIONS. MOTION BY KEENEY, SECOND BY SOUKUP TO AMEND THE MOTION TO HAVE A SIX MONTH EXPIRATION OF THE INTERIM ORDINANCE MORATORIUM TO CORRESPOND WITH THE STUDY TIMEFRAME. Rosow: Provided an overview of the process: the study is authorized, staff will bring a report to the Council with recommendations about whether the study should be performed in-house or by consultant along with any proposed changes to the Comprehensive Plan. Changes would go to the Planning Commission. A public hearing would be conducted and the recommendations would be brought back to the Council. Depending upon the scope of amendments to the Plan, it may be submitted to the Metropolitan Council for approval. The Metropolitan Council would have 60 days to weigh in on the requested changes. Commented that this process may not be completed in six months. Keeney: Suggested that the study be completed in 90 days stating that the intent is to limit the scope of the study in order to be quick. McGuire : Asked if the interim ordinance could be extended beyond six months if needed. Rosow: Replied that the interim ordinance could be extended for a period not to exceed 18 months. VOTE (on the amendment): Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The mo- tion carried. VOTE: Ayes by Hedberg, McGuire and Soukup. Nays by Keeney and Morton. The motion carried. 6 DRAFT 03 11 13 City Council Meeting Minutes RESOLUTION 13-028 MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE APPROV- ORDINANCE NO 113-05 ING THE SUMMARY OF AND ORDERING THE PUBLICATION OF SAID SUMMARY. Rosow: The summary specifies a period of 12 months so the summary will be changed to state the six months as amended. MOTION BY KEENEY, SECOND BY MORTON TO AMEND THE SUMMARY TO CONFORM TO THE SAME TIME PERIOD AS THE INTERIM ORDINANCE. VOTE (on the amendment): Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The mo- tion carried. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Approving a Local Government Aid Agreement with the Shakopee Mdewakanton Sioux Community (SMSC) through December 31, 2015 City Manager Boyles outlined the provisions of the Local Government Aid Agreement. Noted that the SMSC desires to renew the agreements with Prior Lake as well as Shakopee and Scott Coun- ty. RESOLUTION 13-029 MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE APPROV- ING THE LOCAL GOVERNMENT AID AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE SMSC AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE DOCUMENT ON BEHALF OF THE CITY. McGuire : Stated he is pleased to see the cooperative relationship between the City and SMSC has grown over the years. Asked about land that has been acquired by the SMSC and whether infrastructure considerations are being discussed; and about the status of the joint water project. Boyles : Replied that the joint water project is important to both parties and the SMSC Business Council has discussed the terms of the project and come to agreement. The City Attorney will work on the legal documents. Keeney : Commented that the City is obligated to provide emergency services to all residents so this agreement is not obligating the City to provide any additional services; and the City has no tax- ing authority over the SMSC so the SMSC is not obligated to pay anything to us. Both the City and the SMSC recognize the fairness of entering into this agreement. Queried about the percentage of police activity that occurs at SMSC. O’Rourke : Replied that statistics from 2012 show that SMSC properties generated 15%, or 1,632, calls. That percentage has been consistent for several years. Keeney : Recalled there was concern that adding alcohol to their amenities would increase police activity and asked if that has happened. O’Rourke : Replied that he receives a daily report since November when alcohol was introduced and it reflects that activity remains consistent. Keeney : Asked if there has been any increase in traffic incidents. O’Rourke : No increase has been noted. Keeney : Commented that the amount provided for in the agreement is close to what the City’s costs are. Hedberg : There is a parallel between this relationship and the agreements with the townships for fire services. Reiterated that the City has an obligation to provide comparable services, but the SMSC is not obligated to pay us for those services. The emergence of tribal enterprises was the starting point for having this cooperative relationship which has worked effectively for the past 20 years. Believes that the cooperation works because of the relationship between the Police De- partment and the SMSC security staff. Commended them. 7 DRAFT 03 11 13 City Council Meeting Minutes Boyles : Commented in response to McGuire’s query about infrastructure that meetings have oc- curred between SMSC and City elected officials and staff and it remains a work in progress. Hedberg: The character of the discussions that have taken place is very open and display a will- ingness to work toward solutions. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Consider Approval of a Resolution Approving a Memorandum of Understanding (MOU) with the Shakopee Mdewakanton Sioux Community (SMSC) City Manager Boyles explained that The Meadows Golf Course encompasses both trust and fee properties and there are permissions required to serve liquor from beverage carts on the golf course. Described issues that arise from having the City grant a liquor license including enforce- ment, renewal dates, criminal checks, etc. Noted that the MOU is drafted to automatically renew annually unless either party gives notice of a desire to discontinue it. RESOLUTION 13-030 MOTION BY SOUKUP, SECOND BY MORTON TO APPROVE APPROV- ING A MEMORANDUM OF UNDERSTANDING WITH THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC) Morton: Believes the automatic renewal clause should be removed and the MOU should be brought back to the Council regularly for review. Soukup : Stated that since this is a new agreement, it should be reviewed and it would be practical to have the review at the same time as other liquor licenses. Hedberg : Noted an item in the MOU that provides for amendment and commented that a mid-year review would provide ample time to propose any changes to the MOU. Morton : Supports having a review with the annual liquor license review. Rosow : Commented that many MOUs have a continuation such as this one proposes and others have a date for review. MOTION BY MORTON, SECOND BY SOUKUP TO AMEND THE AUTOMATIC RENEWAL CLAUSE SO A RENEWAL OF THE AGREEMENT WOULD HAVE TO BE BROUGHT BACK TO THE COUNCIL ON AN ANNUAL REVIEW DATE THAT COINCIDES WITH LIQUOR LICENSE REVIEWS BEGINNING IN 2014. Boyles: Stated that the liquor licenses expire at the end of June each year. VOTE (on the amendment) Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Keeney : Expressed concern that the City is considering this path rather than issuing a liquor li- cense as for all other businesses. The Agreement has only a criminal compliance check and the City would not have the ability to revoke if compliance is a problem. It would be up to the SMSC to enforce this on its own business. Understands that the SMSC will do the right thing, but it is a technical concern. Also expressed concern about whether this can be done under State law. Stated his understanding is that the City’s liquor ordinance follows State law and he is unclear about whether the City can waive that. Expressed concern about fairness to other businesses that pay a substantial fee for a liquor license. Rosow : Responded that the joint powers statute recognizes that both cities and tribal groups have the authority under that statute to enter into joint powers agreements. The Statute also provides that the subject matter is that whatever powers they share in common they can determine to do in a cooperative fashion. This agreement is no different than the authority to do other kinds of munici- pal functions such as an agreement for one community to provide sewer and water to another community, etc. Stated the substantive question is whether the City wants to delegate authority to issue a liquor license on the fee land portion of the golf course. 8 DRAFT 03 11 13 City Council Meeting Minutes Morton : Stated that in deference to others applying for a liquor license, there is no compensation that is associated with this MOU and this sets a precedence that cannot be justified with the public at large. McGuire : Shares the concern that other liquor establishments pay license fees; but since the golf course is split between trust and fee land, the complications overrule. Soukup : Echoed McGuire’s thoughts. Believes it would be hard to say where the point of sale occurred. Noted that the SMSC contributes much value to the community in addition to just mon- ey. Hedberg: The place where the liquor is purchased, stored and dispensed is the clubhouse and it is a matter of convenience to the patrons to allow them to make a purchase from a cart. There is a practical reality of where the management of liquor takes place which is clearly on trust land. VOTE: Ayes by Hedberg, Keeney, McGuire and Soukup. Nay by Morton. The motion carried. Discussion and Consideration of Official Action from Public Forum Allegation Keeney: Believes the allegations should be referred to the City Manager Evaluation committee for recommendation. Stated he would also like a formal response from the City Attorney to the Coun- cil on whether there is substance to the complaint along with a recommendation on the appropriate process to follow when a complaint such as this occurs. MOTION BY KEENEY, SECOND BY MORTON TO REFER THE MATTER TO THE CITY MAN- AGER EVALUATION COMMITTEE FOR COMMENTS ABOUT THE PORTIONS RELATED TO COMPENSATION AND DISCLOSURE; AND TO THE CITY ATTORNEY FOR COMMENTS ON WHETHER THERE IS SUBSTANCE AND APPROPRIATE PROCEDURES WITHIN THE NEXT COUPLE OF MEETINGS. Soukup : There are closed meetings to discuss not only the City Manager evaluation but compen- sation for all staff. Queried what the Council is allowed to disclose discussion from a closed meet- ing as much is confidential. Rosow : Commented there is no authority to go into closed session to have this type of discussion about salary where the legality of salary has been challenged. Noted it is not a question of perfor- mance. Stated that CAG’s reference to MN Rules 3920 Local Government Pay Equity, is not a State Statute, but rather a State Rule which is drafted by the Commissioner’s office so it is an Ex- ecutive Department matter rather than a legislative matter. Understands this mixing of rules and statutes can happen. Stated he believes the base salary posting was done in accordance with State Statute and acknowledges that CAG disagrees. Regarding the question of whether the City Manager is being paid above the maximum set by law; believes CAG will not regard highly his opinion about this as their letter indicates they believe he has a lack of impartiality. Noted that MN Rules 3920 does not regulate what a City Manager’s salary should be. There is specific statute that talks about maximum salary of persons in local government as it ties to the Governor’s salary. None of these matters need to be considered by the committee. Proposed that the matter be re- ferred to the Attorney General. Since the Council cannot direct the City Attorney to ask the Attor- ney General, the City Attorney must determine if this should be done. It is the proposed solution and it will take longer than a two-four week time period. Hedberg : Queried the City Attorney’s thoughts on having the Council provide direction to seek outside opinion. Rosow : Replied he prefers to not impair the ability to get an opinion by having Council provide direction; and reiterated that if the Council does not object, it is his proposal to seek an opinion from the Attorney General. McGuire : Believes it is a good idea to talk with the Attorney General’s office. Keeney : Withdrew his motion to direct the allegations to committee. Morton : Withdrew the second. 9 DRAFT 03 11 13 City Council Meeting Minutes MOTION BY KEENEY, SECOND BY MORTON TO DIRECT THE CITY ATTORNEY TO PROVIDE A RESPONSE TO THE COUNCIL REGARDING ALLEGATIONS OF IMPROPER SALARY RE- PORTING. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Rosow: Stated that communication with the Attorney General’s office will be by letter and will be public. Sometimes the Attorney General’s office does not respond; or, asks for more information. Stated he will provide copies of all communications and will report back as deemed appropriate during the process. Keeney : In addition to the implicated violation of statute, this public forum input is a request for better transparency. Believes the easiest way to resolve this is to just disclose the total compensa- tion. Council can stand behind it and say this is staff compensation as a total package. Would be in favor of disclosing total package to the extent that it doesn’t get us into data practices issues. McGuire : Suggested the disclosure go beyond the three top paid employees and not necessarily just the non-union employees. Noted that some union employees are paid overtime which can ac- cumulate to considerable additional compensation whereas salaried employees do not receive overtime. Hedberg : Stated he generally agrees, but there may be data practice issues that need to be con- sidered. Suggested the Council direct staff or some subcommittee of the Council to prepare a rec- ommendation around this issue and bring a report back to Council. Morton: Commented that we adhere to the letter of the law and the statute says we have to report the top three; but we can exceed reporting on more than just the top three. Hedberg : Asked Boyles if he had a preferred approach. Boyles : Replied that staff will put together a report and bring back to City Manager Evaluation or Compensation committee; or, report back to Council. MOTION BY MORTON, SECOND BY SOUKUP TO DIRECT STAFF TO PUT TOGETHER A RE- PORT REGARDING DISCLOSING SALARIES OF TOP THREE PAID EMPLOYEES, WHETHER TO EXPLAND THE NUMBER OF POSITIONS REPORTED AND ADDRESS DATA PRACTICE ISSUES AND BRING TO COUNCIL. MOTION BY SOUKUP, SECOND BY MCGUIRE TO AMEND THE MOTION AND REQUEST THE REPORT BE BROUGHT TO THE COUNCIL WITHIN 90 DAYS. VOTE (on the amendment): Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. Continuation of the March 11, 2013 City Council Work Session MOTION BY MCGUIRE, SECOND BY SOUKUP TO REMOVE THIS ITEM FROM THE AGENDA. VOTE: Ayes by Hedberg, Keeney, McGuire, Morton and Soukup. The motion carried. OTHER BUSINESS Keeney: Welcomed back McDonald’s noting that they have re-opened for business. Hedberg : Announced that the Lakefront Egg Hunt will be held March 23 from 1 – 3 p.m. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Soukup and seconded by Keeney. The motion carried and the meeting adjourned at 10:10 p.m. ___________________________________ __________________________________ Frank Boyles, City Manager Charlotte Green, Administrative Assistant 10 DRAFT 03 11 13 City Council Meeting Minutes