HomeMy WebLinkAbout9A - 1996 Official Approvals
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
9A
FRANK BOYLES, CITY MANAGER
CONSIDER APPROVAL OF APPOINTMENTS AND
BYLAW REVISIONS FOR 1996
JANUARY 2,1996
BACKGROUND:
The City Council Bylaws provide that the first regularly
scheduled meeting in January is the annual meeting of the
City Council. During the annual meeting, regular business
may be conducted, but the following organizational
business is required to be on the annual meeting agenda:
1. Yearly Appointments.
2. Yearly fee schedules.
3. Yearly approval of City Council appointed committee
bylaws and procedures.
4. City Council bylaw review.
DISCUSSION:
The Council needs to take the following housekeeping
action to fulfill its responsibility under the Bylaws:
1. Consider Acting Mayor for 1996 - Councilmember
Kedrowski was acting Mayor for 1995. Council should
select an acting Mayor for 1996.
2. Consider Approval of Official Newspaper for 1996 - The
Prior Lake American has been the City's official
newspaper.
3. Consider Approval of Official Bank for 1996 - The Prior
Lake State Bank was the official bank for 1995. The
same is recommended for 1996 subject to the City's
continued practice of investing funds in the institution
offering the highest rate of return for the types of
investments which the City seeks.
16200 eg~f~~P&ek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. Consider Approval of Equalization Committee for 1996
- The Equalization Committee consisted of the full
Council in 1995. The same is recommended for 1996.
5. Consider Approval of Fire Chief and Assistant Chief for
1996 - In accordance with their Bylaws the Fire
Department will be conducting its elections on
Thursday, December 28, 1995. The City Council
should endorse the candidates selected by the
department as Chief and Assistant Chief at the January
2, 1996 meeting.
6. Consider Approval of Auditing Firm for 1996 - During
1995 the firm of Abdo, Abdo and Eick were confirmed
as City Auditors for 1995, 1996 and 1997. Therefore,
no council action is necessary.
7. Consider Approval of Fiscal Consultant for 1996 -
Steve Mattson of Juran and Moody has acted as the
City's Fiscal Consultant over the last twenty years.
8. Consider Approval of Civil Defense Director for 1996 -
Chief Dick Powell has acted as the City's Civil Defense
Director since 1991.
9. Consider Approval of Health Officer for 1996 - The City
has historically contracted with Park Nicollet Clinic for
such services. A Health Officer is only required in
unique circumstances. The appointment of Park
Nicollet Clinic as the City's Health Officer would be
appropriate for 1996.
10. Board and Committee Bylaws - Attached are
memorandums from the staff liaisons to the various
committees/commissions with their recommendations
for bylaw revisions. If councilmembers desire
additional changes, an appropriate motion would be in
order. (Please bring your red Bylaw note book)
11. Review and Consider City Council Bylaws for 1996 -
The City Council reviewed and revised the City Council
Bylaws last in January, 1995. (Please bring your Bylaw
book for review at the meeting.)
AGN0102A.DOC
12. Animal Control Officer for 1996 - The attached contract
was entered into by the City and Bob McCallister in
1995. The agreement is perpetual unless notice is
given by either party. Last year the Council included
safeguards in the contract intended to guard against
concerns raised by a few individuals. During the
course of this year I have received only one complaint
about the animal control operation. The cost proposed
for 1996 is $900 per month, which is the same cost as
1995. It is recommended that Bob McCallister be
retained as Animal Control Officer for 1996.
ISSUES:
The City Council should review each of the twelve items
and act upon those they concur on in one motion. The
issues requiring discussion should be individually
addressed.
ALTERNATIVES:
Council should:
1. Act upon the issues requiring no discussion in one
motion.
2. Discuss the other issues and act upon them or defer for
future consideration.
RECOMMENDATION: As set forth above.
ACTION REQUIRED: Motion to approve those issues as deemed appropriate by
the Council. I intend to have recommendations for revision
of the Committee and City Council Bylaws for Council
discussion at the January 2 meeting.
AGNOI02A.DOC
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
STAFF AGENDA REPORT
9B
DONALD RYE, PLANNING DIRECTOR
CONSIDER AMENDMENTS TO PLANNING COMMISSION
BYLAWS
JANUARY 2,1996
Each year, the boards and commissions are asked to review
their bylaws and recommend any changes to the City Council.
The following are the changes recommended by the Planning
Commission.
. Presently, there is no provision for alternate meeting dates
when the meeting falls on a holiday. The Commission
recommends that the following be added to Section 2-2-3
of the bylaws: When a regularly scheduled meeting falls on
a holiday. the meeting shall be held on the Tuesday
following the holiday.
. The Planning Commission recommends that Section 2
dealing with the order of business be amended by altering
the agenda format as follows:
1. Call to order
2. Roll Call
3. Approval of minutes
4 Hearings
5. Old Business
6 New Business
7. Announcements/ Correspondence
8. Adjournment
. Currently, the term of the Chair is not specified. The
Commission believes it is reasonable for the term to expire
on the same date as terms in general expire, that is, on
June 30. Section 7 should be amended by deleting the first
sentence and substituting the following:
The Chair of the Commission shall be appointed annually
and no later than June 30 by mqjority vote of the City
Council after considering the recommendation of the
Planning Commission. The Commission shall make its'
recommendations to the Council by May 30.
16200 ~~ek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
1 . Approve the recommended changes
2. Deny the recommended changes
3. Approve other changes as specified
RECOMMENDATION: Alternative 1
ACTION REQUIRED: Motion to approve alternative 1
Reviewed By: Frank Boyles, City Manager
Document2
7 \\ t, D ~\ \ {LvOS
e Ines the understanding of the issues.
a 0 t meeting.
Kathy asked for any changes or suggestions to the By Laws.
TOM REDDINGER MADE A MOTION TO CHANGE THE WORDS IN THE BY
LAWS ARTICLE 3, SECTION A TO CHANGE THE MEETING DAY AND TIME TO
THE SECOND MONDAY OF EACH MONTH AT 7:00 P.M. AT THE FIRE HALL.
PAT HEANEY SECONDED THE MOTION. THE MOTION WAS APPROVED
UNANIMOUSL Y.
TOM REDDINGER MADE A MOTION TO APPROVE BY LA WS IN THERE
ENTIRETY WHEN THE ARTICLE 3, SECTION A CHANGE IS MADE. PAT
HEANEY SECONDED THE MOTION. THE MOTION WAS APPROVED
UNANIMOUSL Y.
Kathy asked that the so er fields listed on e Pond's and Lakefront Park be changed to
Small Soccer Fields, so as not confu people into thinking we have five regulation
size soccer fields.
. change the figures to fit into the
B questioned the Camp. Plan for Lakefront Park in regards to c
to be one.
-
Paul stated
right year.
BOB RYKKEN MADE MOTION TO A EPT THE COMPREHENSIVE PLAN
WITH CHANGES T LAKEFRONT PARK THE PONDS. PAT HEANEY
SECONDED THE TION. THE MOTION WAS PROVED UNANIMOUSLY.
The next PAC eeting will be on Monday, January 8th, at 7: .m. at the new Fire Hall.
Ml ~g was adjourned at 9:30 p.m.
?aul Hokeness
-(Parks & Recreation Director
1295
Lynn Lake
Recording Secretary
TOM
PAT HE EY MADE A MOTION TO ADJOURN THE
REDD GER SECONDED THE MOTION. MOTION APPROVED.
I PARKS ADVISORY COMMITIEE MINUTES - DECEMBER II, 1995 . \
4
JCtAOL Wla'
AGREEMENT
1. THIS AGREEMENT made and entered into this 31 st day of December, 1994, by
and between the City of Prior Lake, Scott County, Minnesota, hereinafter referred
to as the "City" and Robert McAllister, hereinafter referred to as "Contrador".
WITNESSED
2. WHEREAS, the City desires to regulate and provide animal control within the
City limits, and to do this, has passed ordinances regulating nuisance animals
within the City and,
3. WHEREAS, said ordinances names Contractor the "City Animal Control Officer",
conditioned upon the anticipated execution of an agreement between the City
and Contrador setting out, in a general way, Contradors responsibilities as
Animal Control Officer and determining his compensation, therefore and,
4. WHEREAS, it is the intent and purpose of this Agreement to establish the
relationship between the City and Contractor and to set forth in a general way the
duties and responsibilities of each and,
5. WHEREAS, the City defines as nuisance animals such animals as cats, dogs,
squirrels, fox, raccoons, muskrats, and other nuisance animals.
6. NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants hereinafter set forth, IT IS AGREED:
7. Contractor hereby agrees to act as "Animal Control Officer" from the date hereof
on a continuous basis until such time City or Contractor terminates this
Agreement as set forth in paragraph 16 of this Agreement. As Animal Control
Officer, he agrees to carry out the terms and conditions of the "City Animal
Control Ordinance" and such amendments, thereto, as may from time to time be
enacted by the Prior Lake City Council.
8. Contractor further agrees to establish and maintain a sanitary facility in Prior
Lake, Minnesota for the keeping of such animals as he may pick up in carrying
out the provisions of the City Ordinances subject to the following performance
standards:
a. Kennel hours of operation shall be:
- Monday, Wednesday, Friday and Saturday
7:00 a.m. - 11 :00 a.m. without appointment
- Monday through Friday
11 :00 a.m. - 7:00 p.m. with appointment
- Saturday and Sunday
Noon to 4:00 p.m. with appointment
- C lased holidays
1
Said hours of operation shall be posted at the site for public
information.
b. Kennels shall be maintained in a sanitary condition at all
times. The minimum number of daily cleanings of the facility
shall be once. The minimum number of cleanings per day
will be increased as necessary based upon the number of
animals housed at the facility.
.
c. Adequate ventilation and heating shall be provided to the
facility at all times. The interior temperature of the facility
shall not exceed 90. nor shall it be less than 50..
d. Animals shall be fed daily and water will be available or
supplied three times daily.
e. If an animal remains unclaimed at the end of its impound
period, affirmative actions shall be taken to offer it for
adoption except as restricted by city code, state or federal
law. The Animal Control Officer will not sell the animals for
research.
f. The contractor shall adhere to the highest moral, business
and customer service standards in the completion of his
obligations under this contract.
g. The Animal Control Officer or his agent will be available to
the Prior Lake Police Department by telephone or pager at
all times of day, seven days per week for service calls from
the city.
h. The Animal Control Officer will be responsible for calls to
retrieve roadkill or apprehend loose animals, whether large,
domestic, wild animals or livestock.
9. Contractor further agrees to maintain in force, sufficient insurance satisfactory to
the City to protect Contractor and City and naming the City as an additional
insured from and against any and all claims, action and causes of action, which
may be brought by third parties or are premised upon Contractor's performance
or non performance of this Agreement. Such insurance shall be in the amounts
of not less than $250,000.00 per person and $600,000.00 per accident or
occurrence for personal injury liability (including death), and not less than
$250,000.00 per accident or occurrence for property damage liability. Said
insurance shall include, but not be limited to, liability arisi ng out of the use of
automobiles and shall include owned, non-owned, and hired vehicles. The City
shall receive thirty days advance written notice of cancellation of said policy.
10. The Contractor, in all of his operations, hereunder, shall be regarded as an
independent contractor, and he assumes and agrees to protect the City from all
liabilities and expense on account of claims, suits, and costs growing out of or
connected with, such operation by him and his employees, provided however,
that the City shall not be relieved hereby, from liability for its own negligence and
that of its servants and employees.
2
11. The City is interested in the results obtained, and that the means are to be in
compliance with State regulations, City Code and positive customer oriented
business practices. The Contractor is performing as an independent contractor
with sole control of the manner and means of performing his said contract;
furthermore, it is distinctly and particularly understood and agreed between the
parties, that the City is in no way associated or otherwise connected with the
Contractor's actual performance of this Agreement, and the Contractor is solely
and personally liable for any and all damages which may be occasioned on
account of his performance of this contract. Nothing in this Agreement shall be in
any way interpreted to construe the Contractor or any of his agents or employees
as employees of this City.
12. The Contractor shall assume full and exclusive responsibility for payment of all
Federal, State and Local Taxes or contributions including but not limited to:
Unemployment Insurance, Social Security, Income Laws, and Worker's
Compensation Insurance for all of his employees engaged in performance of this
contract.
13. If any animal impounded, pursuant to the terms of this agreement and the
applicable City Ordinance, is not reclaimed within the time specified in the
applicable ordinance, then such animal shall become the property of the
Contractor. If any such animal is subsequently sold, reference shall be made in
the Kennel Reports kept by the Contractor. Such Kennel Reports shall specify
the amount said animal was sold for and the name of the purchaser and date of
sale. In the event that no such report is made, or in the event Contractor's
actions or procedures are contrary to State Statute, regulations, rules or City
Code, the Contractor shall be personally liable for any claim made by the
previous owner of such animal.
14. The Contractor, when presenting his statement for payment to the City Council,
shall include the following on each statement; the location, date and am/pm time
of each pick up, type of animal, the owner if known, and the present disposition
of the animal. If the Animal Control Officer no longer possesses the live animal,
the report will indicate the date and method of disposal (euthanasia, sale or
adoption).
15. The City agrees to pay the Contractor a monthly amount which, at the time of the
execution of this Agreement, is $900.00 per month. The amount of the payment
may be amended from time to time by action of the City Council. The Contractor
shall provide a monthly report to the City summarizing monthly activities,
revenues received, and funds reimbursed to the city. The report shall identify the
amount due the Contractor under this paragraph and such receipts due the City
from animal pound collections, fines and license sales.
1 S. The contract shall be terminable by the City upon thirty (30) days written notice
mailed to the Contractor at Prior Lake, Minnesota, and may be terminated by the
Contractor upon thirty (30) days written notice mailed to the City Manager of Prior
Lake, Minnesota.
3
IN WITNESS WHEREOF, the parties hereto set their hands and official seal of the City
of Prior Lake.
DATED:
DATED:
DATED:
(Seal)
KKAGR.WRT
/- IS .199s-
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BY: !/tLrPfdlft--
" Robert McAllister
BY:
BY:
4
AGENDA #:
PREPARED BY:
SUBJECT:
DA TE:
9B
ASSISTANT CITY MANAGER BLAIR TREMERE
BUSINESS DEVELOPMENT COMMITTEE 1996 GOALS
DECEMBER 28, 1995 (FOR 1-2-96 MEETING)
BACKGROUND:
The Business Development Committee annually considers its
goals for the coming year. This year, the Committee reviewed the
goals established earlier this year, and determined that the items
were on-going and should continue for 1996. No new items were
added and no items were deleted.
A copy of the 1995 Goals is attached.
ISSUES:
The Committee observed that the assignments to various tasks
and teams will change, e.g., the seat vacated by Wes Mader and
the functions performed by Bonnie Carlson. It is expected the
details will be deliberated early in 1996.
The Committee is advisory to the Council; thus, I anticipate that
decisions by the City Council regarding goals for 1996 will and
should influence the Committee's. Further, the Committee has
not specifically discussed the Strategic Plan adopted by the
Council--during my tenure, at least--and, the recently adopted
Comprehensive Plan, while reviewed by the Committee members
as to land use issues, has not been reviewed regarding other
matters such as the Goals and Objectives.
I plan to take both planning items to the Committee for review and
familiarization; it seems to me that some modification of the
overall Committee goals for 1996 could result.
RECOMMENDATIONS: The Committee has recommended that their 1995 Goals
evolve, with appropriate editorial corrections and revisions, as their
1996 Goals.
ACTION REQUIRED: Consider the Committee's Goals as part of the Council's goal-
setting; and, provide direction, if any, to revise.
BDC96GLS.DOC
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NOTE: The Lake Advisory Committee Bylaws will be distributed at the January 2,
1996 Council meeting.
Document4
December 26, 1995
~ra Arnericalll
crrv
fR1 ~EC 2
lE~L.:;.
f'.';-
.,j R U
Mr. Frank Boyles, City Manager
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
8 1996
,If J));
Dear Mr. Boyles,
Please consider our request for appointment of the Prior Lake American as the official newspa-
per for the City of Prior Lake in 1996.
Legal notices published in the Prior Lake American during this time period will be billed at the
rate of $7.67 per column inch for the first insertion and $5.57 per column inch per subsequent
insertions. A complete guide outlining our procedures and rate structure, as well as a copy of
our certification from the Secretary of State's Office which enables us to publish legal notices, is
enclosed.
In accordance with Minnesota Statute 331A.02, the Prior Lake American has met certain qualifi-
cations in order to become a legal newspaper to better serve the community. Some of the
qualifications we must meet to become a legal newspaper include: distribution of the paper at
least once a week for 50 weeks out of the year; be circulated in the local public corporation
which it purports to serve, and either have at least 500 copies regularly delivered to paying
subscribers, or have at least 500 copies regularly distributed without charge to local residents;
have its known office of issue established either in the county in which is lies in whole or in part,
the local public corporation which the newspaper purports to serve, or in an adjoining county;
file a copy of each issue immediately with the state historical society; etc. These are just a few
of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspa-
per. It is our goal to serve you as your legal newspaper for the coming year.
Thank you for the opportunity to be of service to you in the past. We nope that reiationship can
be continued in the coming year.
Respectfu lIy,
k....~U.~
Qu~~ann
Publisher
LAH:beb
enclosure
14093 Commerce Avenue NE · Suite 400 · Prior Lake, Minnesota · 55372
INFORMA TION FOR GOVERNMENTAL BODIES AND INDIVIDUALS USING THE
LEGAL NOTICES SECTION OF THE
n~ American I
Deadlines
Notices to be published must be received in the office of the Prior Lake American by 5 p.m. on the
Wednesday preceding each publication date. This deadline must be observed to ensure accurate and timely
publication of important notices.
Affidavits
One sworn affidavit of publication will be provided, upon request, without charge for each legal notice.
Additional affidavits are available at $3.50 each. Additional clippings are available for $1.00 each.
Late Fee
Urgent legal notices which do not arrive at the Prior Lake American office before the specified deadline
may be accepted, at the publisher's discretion, but will have a late fee or surcharge of 25 percent added for
special handling.
Publication Requirements
Most specifications for legal notice publication, including the number of times a notice is to run, are set forth
by statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel, not the
publisher. Guidelines for governmental bodies, prepared by the Minnesota Newspaper Association, are
available upon request.
Kill Fee
Publication of scheduled notices may be stopped, depending on how far the printing process has advanced.
If a legal notice is killed before the initial publication date, the customer may still be liable for a special
typesetting fee, not to exceed 30 percent of the cost of the published notice. The customer must pay on a pro
data basis, for that part of a series of publications that have been completed before interruption by the
customer.
Errors
Publisher assumes no responsibility for errors in typesetting or scheduling of legal notices. In all cases,
publisher's liability shall be limited to a "make good" of a defective notice if it can be demonstrated that the
error was made by the publisher and that as a result of the error the legal notice was rendered invalid.
Rates
Effective January 1, 1985, the Minnesota State Legislature authorized legal newspapers to charge for legal
notices in the same manner in which they charge their best commercial display classified customers. That
means that legal notices are billed by the column inch, not by the "legal line." The law also restricts rate
increases exceeding 10 percent per annum.
PRIOR LAKE AMERICAN RATE INFORMATION
Lowest classified rate paid by commercial users.......................................................$13.00 per column inch
Legal advertising, first insertion...................................................................... ...........$ 7.67 per column inch
Legal advertising, subsequent insertions........................................ ...... ...... ..................$ 5.57 per column inch
State of Minnesota
SECRETARY OF STATE
APPLICATION FOR LEGAL NEWSPAPER STATUS
PLEASE READ INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING THIS DOCUMENT
THIS APPLICATION SHOULD BE FILED AFTER SEPTEMBER 1, AND ON OR BEFORE DECEMBER 31, EACH YEAR TO
APPLY FOR LEGAL NEWSPAPER STA rus FOR AN ENTIRE CALENDAR YEARoD A:~(;:;C~N~_R~~g~ ~ ~~~ OFFICI'
AFTER JANUARY 1 ARE EFFECTIVE FROM THE DATE WHEN THEY ARE FILE S E S F CE
1. NAME AND MAILING ADDRESS OF NEWSPAPER:
SCOTT 70 D10195
PRIOR LAKE AMERICAN
lQ093 COMMERCE AVE
PRIOR LAKE MN 55372
2. ADDRESS OF KNOWN OFFICE OF ISSUE (complete street address or rural route and rural route box number):
14093 Commerce Ave.
STREET ADDRESS
Prior Lake
CITY
MN
STATE
55372
ZIP CODE
3. COUNTY:
Scott
Beth Bock
~445-3333
STAlE OF MINNESOTA
OEPAITtttm OF STATE
RLED
r. ."'. , 1 1095 . 5
~;-)~
1-:..... 'I cf Stilie
4. NAME AND TELEPHONE NUMBER OF A CONTACT PERSON:
s. Sii!f A~!:;mon
I, Joan Anderson Growe, Secretary of State do hereby certify that the above listed publication has met the filing requirement for a legal
newspaper as set forth in Minnesota Statutes Section 331A.02 subd I (i).
This authorization is effective January 1, or the date stamped below, whichever is later.
Joan Anderson Growe
Secretary of State
In order to process this application for legal newspaper status you must return the completed application along with:
A. The $25.00 filing fee made payable to the Secretary of State; and
B. A published copy showing tbe date or publication, of either 1) the U.S. Post Office 2nd Class Statement of Ownership and
Circulation; or 2) Statement of Ownership and Circulation verified by a recogniz~d independent circulation auditing agency.
08921238 Rev. 10/93