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SPECIAL CITY COUNCIL MEETING
MONDAY, FEBRUARY 2, 1998 5:30 P.M.
Fire Station City Council Chambers
Call to Order, Mayor Wesley M. Mader
City Council Candidate Finalist Interviews
Bob Jader
15 Minute Presentation
15 Minute City Council Questions
Jeannie Robbins
15 Minute Presentation
15 Minute City Council Questions
David Wuellner
15 Minute Presentation
15 Minute City Council Questions
City Council Discussion
Adjourn to Regular City Council Meeting
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Special City Council Meeting 5:30 - 7:30 p.m.
REGULAR COUNCIL MEETING
AGENDA
Date: February 2, 1998
1. CALL TO ORDER................................................................................7:30 p.m.
2. PLEDGE OF ALLEGIANCE:
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
A. January 20, 1998
B. January 26, 1998
4. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Resolution 98-XX Approving the City of Prior Lake Pay
Equity Implementation Report.
C. Consider Approval of Resolution 98-XX Authorizing Purchase of Two Crown
Victoria Squad Cars.
D. Consider Approval 1997 Fourth Quarter Investment Report.
5. ITEMS REMOVED FROM CONSENT AGENDA:
6. PRESENTATIONS:
A. There are no presentations.
7. PUBLIC HEARINGS:
A. Public Hearing to Consider Approval of Tax Increment Financing Plan 2-9, Roberts
Foods.
8. OLD BUSINESS:
A. Conduct Public Information Meeting to Consider Scott County's Request to Provide
a Full Access Intersection and Installation of a Traffic Signal at the Intersection of
County State Aid Highway 42 and Rutgers Street.
B. Consider Approval of Resolution 98-XX Approving Award of Bid for Cable
Television Equipment Acquisition and Installation Contract.
9. NEW BUSINESS:
16~Q~agle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A. Consider Approval of Resolution 98-XX Approving an Amendment to the
Comprehensive Plan for the Property Located at 6867, 6885, and 6889 Boudin
Street.
B. Consider Approval of Resolution 98-XX Approving an Amendment to the
Comprehensive Plan for the Property Located at 5240 160th Street.
C. Consider Approval of Resolution 98-XX Approving Conditional Use Permit for Safe
Haven for Youth.
D. Consider Approval of Resolution 98-XX Authorizing Submittal of an Application for
a Metropolitan Council Environmental Services Matching Loan for an
InfiltrationlInflow Control Project to Establish a Sump Pump Inspection Program
and Authorizing Howard R. Green Company to Implement the Program.
E. Consider Approval of Resolution 98-XX Appointing an Individual to Fill the City
Council Vacancy.
10. OTHER BUSINESS:
11. ANNOUNCEMENTS/CORRESPONDENCE
12. ADJOURNMENT
229B.DOC
REGULAR COUNCIL MEETING MINUTES
DATE: TUESDAY, JANUARY 20,1997
It, /1'1{ 1'1{ is 0 ~ ~ CALL TO ORDER: Mayor Mader called the meeting to order at 7 :30 p.m.. Present were: Mayor
Mader, Councilmembers Kedrowski, Petersen, and Schenck, City Manager Boyles, City Attorney
Pace, Planning Director Rye, Planning Coordinator Kansier, City Engineer Ilkka, Assistant City
Manager Woodson, and Recording Secretary Oden.
2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed
everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE MINUTES OF
THE JANUARY 5, 1998 MEETING.
Upon a vote, ayes by Kedrowski, Petersen, Mader, Schenck, the motion carried.
4. CONSENT AGENDA:
a) Consider Approval of Invoices to be Paid.
b) Consider Approval of Treasurer's Report.
c) Consider Approval of Animal Warden Report for December, 1997.
d) Consider Approval of Fire Call Report for Year-End, 1997
e) Consider Approval of Building Permit Reports for December, 1997 and Year-End, 1997.
t) Consider Approval of Resolution 98-XX Approving Prior Lake Lions Club Premise
Permit for Lawful Gambling.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE CONSENT AGENDA
ITEMS A, B, C, D, E, F.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, and abstention by Kedrowski on
item 4F, the motion carried.
5. ITEMS REMOVED FROM CONSENT AGENDA:
a) No items were removed.from the Consent Agenda.
6. PRESENTATIONS:
a) There were no presentations.
7. PUBLIC HEARINGS:
a) There were no public hearings.
8. OLD BUSINESS:
a) Consider Approval of Ordinance 98-01 Amending the Zoning Ordinance Procedures for
Determining Bluff Setbacks.
. City Manager Boyles introduced the item. City Council directed staff to amend the existing bluff
ordinance because of some ambiguities in the application of the ordinance. Staff has prepared
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245
AN EQUAL OPPORTUNITY EMPLOYER
ordinance revisions amending the defmition of bluff and top of bluff. A requirement for
certifications from an Engineer hired by the petitioner was added to establish performance
standards.
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Councilmember Kedrowski asked about the shoreline area versus bluffs outside the zone of the
lake shore district.
.
Planning Director Rye said bluffs on non-riparian lots could be addressed in the subdivision
ordinance amendment.
.
Councilmember Kedrowski said so if a bluff is outside the shoreline district, it is not a bluff
regulated by this ordinance.
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Planning Director Rye said it could be looked at that way.
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Councilmember Kedrowski said in the interest of consistency in the ordinance application, he
would recommend when discussing the subdivision ordinance that bluffs outside and inside the
shoreline district be included.
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Mayor Mader said the reason this was applied in the lake shore region was aesthetics and the idea
of trying to preserve the view of the shoreline from the lake. His concern is with landslides and in
that regard he would agree with Councilmember Kedrowski; the bluff impact should be
considered outside the lake shore area as well. He asked for clarification if a bluff went up 20 feet
and changed then dramatically, would that be addressed in the ordinance?
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Planning Director Rye said one phrase was dropped from the earlier defmition because it was a
problem when interpreting the ordinance. The earlier ordinance could exclude something from the
slope that was very steep. Language has been included to address a slope, then a flat, then a slope
situation, with a building area in the middle of the lot (on the flat area).
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Mayor Mader said then to have a building area in the middle of the lot, how much distance of less
than 18% slope?
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Planning Director Rye said it would have to be at least 50 feet.
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Mayor Mader said what about going up a steep slope, then ten flat feet, then a slope. Would the
ten feet be counted?
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Planning Director Rye said the ten feet would be part of the slope. That is a situation of less than
50 feet of less than 18%. The minimum setback in the proposed amendment is 25 feet, as opposed
to 30 feet before. The top of bluff is that point where the slope drops below 30%.
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Mayor Mader asked about the buildable area where it is flat between two slopes.
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Planning Director Rye said it would still be the highest point where the slope drops below 30%.
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Councilmember Kedrowski asked whether it would be buildable.
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Mayor Mader asked if there were two peaks, which one would be considered top of bluff?
.
Planning Director Rye said if it went off the lot and never got below 30%, the lot would require a
variance to build.
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. Mayor Mader said he was still concerned about the interpretation. His preference would be that
staff look at the defmition again and be certain that the language is clear.
. Councilmember Schenck said this is using the defmition of top of bluff. The highest point of the
slope, even if there is a second slope, is still at the highest point in the slope where the grade is
30%.
. Planning Director Rye said if it is a very deep lot, it could have a fairly large, flat area in the
middle of the lot and wind up with the top of bluff at the back of the lot.
. Mayor Mader said if you took the highest point of the slope, it could be 100 yards back.
. Councilmember Petersen said this ordinance is an answer to about 98% of the bluff problem.
There will still be variances.
. Mayor Mader said the question is whether this is clearly stated so that where variances are needed
they are dealt with and where they are not needed there is no interpretation questions.
. Councilmember Kedrowski said looking at implementing the ordinance, with remodels, how are
those in bluff impact zones going to be treated? Will they be treated the same as those in the flood
plain?
. Planning Director Rye said in the case of houses in a bluff impact zone, homeowners can't do a
remodel that makes a structure more nonconforming.
. Mayor Mader asked does that mean they can't increase nonconformance in any direction? He
asked if a house was nonconforming could it be widened if it was not further into the bluff impact
zone.
. Planning Director Rye said typically nonconformities cannot be extended or enlarged.
. Mayor Mader said his perspective is the ordinance reduces the setback requirements and makes it
more buildable, and puts in a requirement for the engineering service to verify. Both of those
features are positive changes, the only question he has is regarding the interpretation of top of
bluff.
. City Attorney Pace said one of the things they talked about doing with the new zoning ordinance
is adding pictures and diagrams for further explanation. She asked about number three on the first
page of the ordinance, referring to no structures except stairways and landings. What is the
difference between landings and decks? The staff might want to defme these so a landing doesn't
become a deck.
. City Manager Boyles said if Council would rather table the ordinance until these issues are
clarified, they could do that.
. Councilmember Petersen said couldn't we pass this tonight and if there were changes we could
address them later when reviewng the new zoning ordinance.
. Mayor Mader said he would not have a problem with that if top of bluff was clarified.
. City Manager Boyles said if they want to act upon the proposed ordinance and in a separate
motion direct staff to provide clarifications and updates, that could be done.
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Councilmember Schenck said it will still be the highest point. A diagram of the property can be
drawn and the highest point can be looked at and then it is possible to see the thirty degree slope.
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Planning Director Rye said if someone was trying to interpret the ordinance themselves they may
be confused.
.
Mayor Mader said there are lots that are 300 feet deep. There could be a very unusual situation. It
could make lots unbuildable, drawing a line from the lake to the highest point.
.
Councilmember Schenck said that would make some of the homes on Northwood Road
nonconforming unless we add language about two top of bluff points. In order to get through
tonight, Council should determine what a reasonable building envelope between two top of bluffs
is.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ORDINANCE 98-01
. Councilmember Schenck asked Planning Director Rye ifhe could defme a reasonable building
envelope.
. Planning Director Rye said he could suggest something.
. Councilmember Kedrowski said Council could adopt the ordinance and then direct staff to change
it.
. Councilmember Schenck said there was a developer waiting for this to be passed tonight.
. Planning Director Rye said Council could adopt it, publish it, and then the developer can go
ahead.
. Councilmember Schenck asked if staff would come back with information on the building
envelope.
. Planning Director Rye said with the drawings, people could see a physical impact, examples of
ordinance applications to individual cases, and how to determine a buildable area.
. Councilmember Schenck said so if Council passes this, some lots will become unbuildable, and
some lots will become nonconforming?
. Mayor Mader said this is a less restrictive bluff ordinance than we currently have. It is a step in
the right direction.
. Planning Director Rye concurred. These restrictions are already in place. This does not ignore the
bluff setback. Lots that will be unbuildable are lots today that are unbuildable.
. Mayor Mader called the question.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
. City Attorney Pace suggested that deck and landing be defmed, so that the two structures may not
be interposed.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO CLARIFY
THE BLUFF ORDINANCE THROUGH LANGUAGE AND DIAGRAMS AND BY DEFINING
LANDING AND DECK.
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Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO AMEND THE AGENDA TO MOVE
ITEM 8B) CONSIDER APPROVAL OF REPORT REGARDING CITY COUNCIL
APPLICANTS AND PROPOSED SELECTION PROCESS, TO THE LAST ITEM DUE TO THE
POTENTIAL LENGTH OF DISCUSSION.
9. Consider Approval of Report Regarding City Council Applicants and Proposed Selection Process.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
a) This item was moved to the end of the agenda.
10. NEW BUSINESS:
a) Consider Approval of Resolution 98-10 Authorizing a Firm to Provide Design,
Engineering. and Architectural Services for the Redevelopment of Lakefront Park and the
Development of a Community Park/Athletic Complex.
. City Manager Boyles introduced the item. City staff received authorization to solicit requests for
proposal for design, engineering, and architectural services. He referred to the agenda report
noting that only one proposal was received, but other vendors which chose not to bid wrote letters
supporting Brauer and Associates. City Manager Boyles read the proposal, which was submitted
at a not-to-exceed cost of $221,500.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 98-10
AUTHORIZING BRAUER AND ASSOCIATES TO PROVIDE DESIGN, ENGINEERING,
AND ARCHITECTURAL SERVICES FOR THE REDEVELOPMENT OF LAKEFRONT PARK
AND THE DEVELOPMENT OF A COMMUNITY PARK/ATHLETIC COMPLEX.
.
Councilmember Petersen asked Parks and Recreation Director Hokeness about the land. He said it
was premature to have it designed when the land was not yet purchased. He said perhaps they
should wait until the land was purchased.
.
Parks and Recreation Director Hokeness said the design and engineering services could be used to
look at different scenarios to guide them through the land acquisition process. He said with
Lakefront Park, 95% of the construction will be done on the 126 acres that the City owns. It
should be designed now so that work can begin this spring. If the Kop farm purchase takes a year,
that is fme, the City will have the majority of the work done, and when it is time to add the
roadway, that can be changed. He said people are looking for things to happen this summer. He
said it is not premature. There are a multitude of events that will take place with the bidding
process. When they do get the land, then they will be prepared to proceed.
.
Councilmember Kedrowski asked whether this is a performance contract.
.
Parks and Recreation Director Hokeness said it was not to exceed $221,500. It will be drawn so
they get paid according to the work they have done, and there is an escape clause.
.
Councilmember Kedrowski said he would speak in favor of the road access for Lakefront Park
going through the pond area and avoiding the Kop farm completely. With the design fIrm on
board, there will be contingency plans. There is a window to use the referendum money. People
are waiting for it. Without the design fIrm, it makes the task far more arduous.
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. Parks and Recreation Director Hokeness said the staff and firm will look at everything they can.
. Mayor Mader said it was not uncommon for profit to be made through change orders, where
contractors have agreed to certain things, etc. and then bill for more. He said when he saw fees are
based on award of both projects under one contract, and fmal fees are to be negotiated upon
completion of the project, and if the project is extended one, two or three years, the fee will be
more. He said this is opening the door for extra billing. He said that would be like signing a
contract to build a house without having the lot. He said for example with the athletic complex,
. there is nothing the architect can do until the land is acquired.
. Councilmember Schenck said in the now therefore part of the resolution, isn't it saying it will not
exceed the $221 ,500?
. Mayor Mader said just because it has a cap doesn't mean it won't have change orders.
. Parks and Recreation Director Hokeness said the firm bases the fees on the money that the City
works with. The City can write timelines and guidelines in the contract.
. Councilmember Kedrowski asked the City Attorney if they can build safeguards into the contract.
. City Attorney Pace said most architectural firms use AIA documents. The City can take the issues
that have been raised at the Council meeting and address them in the contract. The Council may
want to authorize the City Attorney and City Manager to negotiate a contract. She said iffor
some reason the City were to abandon the athletic field project, the contingencies should be
addressed in a manner so that the City is protected.
. Councilmember Schenck said it clearly says not to exceed. It has to be said that the City will not
exceed $221,500. It is plainly in the contract.
. City Attorney Pace said that speaks to the issue of the scope of the contract.
. Parks and Recreation Director Hokeness said it is the contractors not the planners and designers
that typically present change orders.
. City Attorney Pace said if the scope of the project is continually changed, that is also changing
what the firm signed up to do for x amount of money. That is analogous to a change order.
. Parks and Recreation Director Hokeness said they did not submit the proposal on a particular
piece. They know that the City does not have a site selected.
. Mayor Mader asked will we have a site selected and available in two months? If the project goes
on longer, will they charge more? He said in his experience the cost was already more in the end.
If their fee will be 6.7% of the whole project is one meaning, and if they wish to negotiate a fmal
fee, that is different.
. Mayor Mader said as it reads he would not support it, but he would support negotiating with them
and preparing a draft fmal contract with provisions to protect the City. That would let them move
the project along. He would not like to incur the expense before the project begins.
. Councilmember Schenck said he supported not to exceed. He said some change orders they have
paid in the past were change orders initiated by the City. What process would they use when a
change is made?
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. Parks and Recreation Director said he would run it through the Council, and sometimes in
emergencies, it would be after the fact, such as soil corrections on the Maintenance Building. He
said in some communities, the Council would give a certain dollar amount for City to work
without Council approval to keep projects moving. He said in this City all change orders come
before the Council.
. Councilmember Schenck asked whether it can be negotiated into contract that City will consider
change orders ordered by the City?
. City Attorney Pace said they wanted the contracts to be legally enforceable. The City should have
the right to make change orders. The contractor should have the right to come to the Council if the
scope of the project is changed. It is a question of when is the consultant entitled to be paid that
additional amount.
MOTION BY MADER SECOND BY PETERSEN TO AMEND RESOLUTION 98-10 NOW
THEREFORE BE IT RESOLVED TO "HEREBY APPROVE SELECTION OF BRAUER AND
ASSOCIATES FOR DESIGN, ENGINEERING, REDEVELOPMENT SUBJECT TO
SUCCESSFUL NEGOTIATION OF A CONTRACT WITH BRAUER AND ASSOCIATES
AND AUTHORIZE THE MAYOR, CITY ATTORNEY AND CITY MANAGER TO
NEGOTIATE A CONTRACT AT A COST NOT TO EXCEED $221,500".
. Mayor Mader said Parks and Recreation Director Hokeness said some surveying had been done.
This may mean the price will come down. Since it was the only proposal received, they have the
latitude to negotiate. Mayor Mader said he hoped that they staff could pull the price down further
to a better price.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
. Mayor Mader called the question on the main motion.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
b) Consider Approval of Authorization to Execute Planning Grant Agreement with the
Metropolitan Council for the Comprehensive Plan Update.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO AUTHORIZE EXECUTION OF
PLANNING GRANT AGREEMENT.
Upon a vote, ayes by Mader, Kedrowski, Petersen, and Schenck, the motion carried.
c) Consider Approval of Agendafor 1998 City Council Workshop
. Mayor Mader suggested each Councilmember get back to City Manager so he has something to
work with.
. Councilmember Kedrowski said by Friday so staffhas prep time?
. Mayor Mader said yes so he can prioritize.
. Councilmember Kedrowski asked if they could go through the proposed suggestions and give
some direction right now?
. City Manager Boyles introduced the item.
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.
Councilmember Kedrowski asked who will be included? He said he would be comfortable if the
City Attorney was present at most of the discussions.
.
City Manager Boyles discussed the draft agenda. A small group of employees will be present to
talk about efforts toward overall quality improvement. The bylaws are on the agenda to put in
items that are essential and take out extraneous items.
.
Mayor Mader said for the Bylaws issue, each Councilmember could mark up a set of bylaws and
send them to the City Manager prior to the workshop.
.
City Manager Boyles said by February 2nd would be appropriate. He continued discussing the
draft agenda. Agenda Reports revisions and Cable TV utilization are on the agenda for the ftrst
day.
.
Councilmember Kedrowski noted that it was his suggestion, because a number of surrounding
communities have problems with their cable TV. Many communities have cable commissions.
The City should review where it is and where it is going.
.
Mayor Mader said he had received complaints about the cable service.
.
City Manager Boyles said he met with Triax. The public access equipment is outdated. They
discussed Triax's obligation to replace it and improvements that would be made to area cable. He
said he was hoping Triax would have a written proposal for discussion at the workshop.
.
Mayor Mader said comments and suggestions should be directed to the City Manager by Friday.
.
Councilmember Kedrowski said they needed to get something on the table ftrst.
.
City Manager Boyles said he would like to move the Top Priority Goals towards the front of the
meeting.
.
Councilmember Kedrowski said that could be the discussion in place of Bylaws on Friday. He
asked about meeting with advisory bodies.
.
City Manager Boyles they are not coming to the workshop. The intent is for the Council to
determine whether it wishes to meet with advisory bodies.
.
Councilmember Schenck asked at what point does the 2020 comprehensive planning process
begin?
.
Councilmember Kedrowski said there was a legislative call for the 2010 Comprehensive Plan, and
that is why the City adopted it.
.
Councilmember Schenck said so there may never be a 2020 plan.
.
Councilmember Kedrowski said there has to be one. The reason for the 2010 Plan was it was
mandated.
.
Councilmember Mader said one thing to consider is if the new Councilmember needs to be
brought up to speed on the zoning it could be part of the orientation.
.
City Attorney Pace said Planning Director Rye was doing a workshop on the new zoning
ordinance.
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. Councilmember Kedrowski said there are still unresolved issues that need to be looked at.
. Mayor Mader said he was anxious to see other topics. Councilmember should send suggestions to
the City Manager for the workshop.
. It was agreed that Councilmembers would have suggestions for the workshop agenda by 4:30 p.m.
Friday, January 23rd.
11. OTHER BUSINESS:
a) ITEM 8B) Consider Approval Report Regarding City Council Applicants and Proposed
Selection Process.
. Mayor Mader said he hoped they could do it in such a way they could appoint a Councilmember
who could work well with the total Council and so that those who were not selected would feel it
was a fair process.
. City Manager Boyles outlined the staff report which detailed a process involving individual
Council interviews with each applicant. He said being a City Manager, he had gone through both
oral board and one-on-one interviews. Good public speakers are immediately at an advantage. He
said Councilmembers should get to know the credentials and also get to know what makes them
tick. He said it was efficient from a time perspective as well. He said Council should determine
whether it concurs with his recommendation.
. Mayor Mader said he was interested in using a process that each Councilmember has the
information they need and a process that is as comfortable for those who are being interviewed
and that they don't lose their interest for possible future assignments.
. Councilmember Kedrowski said as far as making a decision, one-on-one interviews will be a good
way to accomplish that. What will the process be after initial interviews?
. Jim Petersen said it was time consuming, but it is a good process.
. Councilmember Schenck said they should be prepared to do some public speaking by coming
before the entire City Council and that way one person could come in and each Councilmember
could have five minutes of questions. He said that was a more efficient way to run things.
. Mayor Mader said the intent was to provide an opportunity to meet with each Councilmember.
There was no intent to make a decision or take any action during the interviews.
. Councilmember Kedrowski said he liked the idea of the open meeting, but he did not want to be
unfair to the candidates. He said perhaps a second interview could be an interview before the
entire Council. He said it would have to be a two step process, and ultimately it would be a public
thing. He said he would like to meet with candidates individually. .
. Councilmember Schenck asked do the rest agree with two steps?
. Councilmember Mader said two minimum, because no action can been taken during the
interviews. He said it would be unfair if some heard the questions first, then the order of interview
could be unfair. He suggested a motion in order to address the interview.
. Lee Ann Schutz of Prior Lake American asked if it was the intent to close the interviews to the
public?
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Mayor Mader said he would prefer it be closed and one on one so that it would be comfortable for
the candidates.
.
Lee Ann Schutz asked are these 11 fmalists or semifmalists?
.
Mayor Mader said they were just applicants.
.
City Attorney Pace said strictly speaking they were fmalists, selected to be interviewed. It means
their name and certain data becomes public.
.
Lee Ann Schutz read a statement asking the Council for the interviews to be made public and felt
it was in violation of the open meeting law to do otherwise. It denies the public the opportunity to
observe the decision making process.
.
Mayor Mader asked the City Attorney if this was a violation of the State Statute?
.
City Attorney Pace said in Mankato Free Press Versus City of Mankato, there was a motion for
summary judgment which granted the motion in favor of the City. The newspaper appealed and
the court said summary judgment was inappropriate. Because this is so close to what is happening,
the Council should be aware of it. The Court of appeals found that the one on one interview was
not used to avoid anything. They concluded the District Court decided a fact question which
should have gone to trial on the question of the intent of the Council. City Attorney Pace said
they don't know how that case would have been decided in a courtroom. She said there were
situations in the past where two Councilmembers interview all the candidates and make a
recommendation, and that is not an open meeting. She said they had clearly articulated their intent
in using the process. She said she was unaware of any case that said they could not use one on
one. She read from the case. She said this case stands on the basis that the District Court was
wrong on using summary judgment instead ofa trial.
.
Mayor Mader said he would assume that if the Council were to take the position that they could
not do one on one interviews, it would apply to all situations.
.
Councilmember Schenck said aren't open meeting laws really addressing a majority Council?
There is no violation of the open meeting law if the Council does not meet as a body.
.
City Attorney Pace said this is a deviation of the procedure they have used because they have a
gathering of a decision-making body.
.
Mayor Mader said if the fact is that they are interviewing individually, doesn't it mean that
subcommittees should be used?
.
Councilmember Schenck expressed concern about the open meeting law. He said it is a gathering
of a body of decision makers who have the power to make a decision.
.
City Attorney Pace said it is actually not a gathering of the Council. This would be walking up to
the line.
.
Councilmember Petersen said what about using two buildings?
.
Mayor Mader asked whether all in one building is the problem.
.
City Attorney Pace said it was the process that was the problem.
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.
Councilmember Kedrowski said they needed to be sensitive to both the public and to the
applicant. Eleven is an unmanageable number. How can the Council disseminate the public
information so it can go to the next process?
.
City Attorney Pace said the decision needs to be a public process. A finalist is anyone who is
selected to be interviewed.
.
Mayor Mader said he would like all Councilmembers to meet each applicant.
.
Councilmember Kedrowski said they could do it with four Councilmembers and a Consultant in a
room, and narrow it down to five based on the resumes like they did when selecting the City
Manager.
.
Councilmember Schenck said all are going to be here the same amount of time. It doesn't expedite
the process. He said he sensed they were treading on territory that the courts will decide upon.
.
Mayor Mader said whether it is a subcommittee of two or one on one, neither involves the Council
as a group interviewing the individual. It is simply for the purpose of gaining information. He said
he had an objection to one fmalist at a time interviewed in front of everyone. The remaining
finalists could be in the audience, creating an unfair advantage. He said in this case, the open
meeting law is working against a good process.
.
Councilmember Kedrowski said Council should have an understanding of how it is going to
proceed after the interview process.
.
City Attorney Pace said as the staff report is written, it outlines some kind of rating process. That
is close to the straw vote discussed in the Mankato case. She said as she read it, she was not
comfortable advising the Council to move forward.
.
Councilmember Kedrowski said he would be out of town after the interviews. He asked about a
timeline for a decision?
.
City Attorney Pace said her understanding of the reason the Council was anxious to get it done is
the upcoming training session.
.
Mayor Mader said there is nothing inappropriate about that.
.
Councilmember Schenck said his concern is that it seems closed to the public. He would like to
solicit input on leaving rooms open.
.
Councilmember Kedrowski said it would be the same as an open meeting then.
.
Councilmember Schenck said the only concern he would have would be other candidates coming
in the rooms.
.
Mayor Mader said he would like to solicit a motion on the one-on-one interview process.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO INTERVIEW ONE ON ONE ON
THURSDAY JANUARY 22ND AT TWO LOCATIONS SELECTED BY THE CITY
MANAGER FOR EACH CANDIDATE TO BE INTERVIEWED SEPARATELY BY ALL
COUNCILMEMBERS.
. Mayor Mader said this creates a four hour interview process.
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.
.
.
City Manager Boyles indicated that the interviews in two buildings created logistical problems. He
asked that all interviews be scheduled for City Hall where Councilmembers can be separated.
This amendment was acceptable to the maker of the motion and second.
Upon a vote, ayes by Kedrowski, Mader, and Petersen, nay by Schenck, the motion carried.
Councilmember Kedrowski said there must by some type of public process at the February 2nd
meeting with perhaps 2-5 candidates for public interview for the public process.
.
Councilmember Schenck said nothing was determined but the number of candidates.
.
City Manager Boyles said that Council could hold a Special Meeting on Monday, January 26th.
.
Councilmember Schenck said they should be able to eliminate some candidates on the 26th.
.
Lee Ann Schutz asked if in Step #2 Councilmembers will rate the applicants.
.
City Attorney Pace said that was the third issue and it resembles the straw vote. They don't want
to violate the open meeting law by having a secret ballot.
.
Lee Ann Schutz clarified that Thursday's meeting with the candidates is to gather information.
.
City Attorney Pace confmned that and that nothing would be distributed such as a means to score
candidates or secret ballots.
.
Mayor Mader said there was a question of whether or not they need a meeting on Monday. The
City Manager will arrange a meeting if approperiate so that the process can continue.
12.
OTHER BUSINESS:
.
Councilmember Kedrowski said the Lake Issues concern him, such as the fact that surface water is
a County issue. He said he would like to know what is going on with the County Sheriff.
.
Councilmember Mader said he called the Sheriff's department because someone living right by
the open water called and told him people drive their snowmobiles up to the open water and then
turn around. Then during the night, other snowmobiliers could follow those tracks and end up
going right into the lake.
.
City Manager Boyles said he met with DNR Officer Carlson, Parks and Recreation Director
Hokeness, Chief O'Rourke, Lieutenant Schmidt and Scott County Sheriff Nevin about Lake
Accesses. Sheriff Nevin said his department was going to go out on the lake to patrol for speed.
The Sheriff made it clear that closing the Lake is his decision. He was asked to put fabric fence
around hazardous areas. Nevin stated he would not since he could not identify and mark all hazard
areas. However, closing the gates does not help with snowmobiles. The Fire Department trained
on Saturday, and most of the open water is closed. The minimum ice depth was 2 inches.
.
Councilmember Petersen said he talked with Fire Chief Dave Chromy and it looks like it was
freezing up.
.
Mayor Mader said the lake is still dangerous. The lower lake is still dangerous, the upper lake is
frozen. He said putting a screen between the lakes would be a good idea.
12
. Councilmember Schenck said the Prior Lake Association once donated markers to be placed on
the bridge. The County would not allow it. What the Prior Lake Association donated ended up not
being in conformance with the valid marker requirement. A Snow Fence creates a legal liability.
The sheriff's department has the same concern as the City. There is virtually no way to prevent
these accidents.
MOTION BY SCHENCK SECOND BY KEDROWSKI TO HAVE MEMBERS OF THE LAKE
ADVISORY COMMITTEE MEET WITH REPRESENTATIVES FROM THE SPORTSMEN'S
CLUB, SNOWMOBILE CLUBS, AND PRIOR LAKE ASSOCIATION AND OTHER
CONCERNED PARTIES TO DISCUSS THE COORDINATION OF LAKE REGULATION
EFFORTS NEXT YEAR AND SEE IF THERE IS A SOLUTION THAT CAN BE REACHED
ABOUT THE NOTIFICATION PROCESS.
. Mayor Mader said if the lake or parts of it are identified as dangerous and access to the dangerous
parts is not prevented, it could increase liability. He said he would support the motion but Council
should keep in mind that people should not have been able to get on the lake with six
snowmobiles going through, at least there should have been a provision to keep them off until the
lake was safe.
Upon a vote, ayes by Kedrowski, Mader, Petersen, and Schenck, the motion carried.
13. ANNOUNCEMENTS/CORRESPONDENCE:
. City Manager Boyles reviewed the weekly update.
14.
YfY~ IJ:yv
Recording Secretary
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CALL TO ORDER: Mayor Mader called the meeting to order at 5:30 P.m. Present
Were: Mayor Mader, Councilmembers Petersen and Schenck, City Manager BOYles, and
City Attorney Pace.
Special City Council Meeting Minutes
Date: January 26, 1998
INTRODUCTION: City Manager Boyles introduced the purpose of the Special Meeting
and read the Public Notice for the meeting. Eleven candidates Were interviewed
individually and separately on ThurSday, January 22nd at City Hall by each
Councilmember. Councilmembers Were asked to select their top three candidates to fill
the vacant Council seat created by election of Mayor Mader. The PUl]Jose of this Special
Council Meeting was to publicly discuss the top three candidates selected by each
Councilmember to either find a consensus Or to further the process of selection.
Councilmember Petersen said Councilmembers should each discuss the candidate they
felt Was the top candidate.
Councilmember Schenck said he would not Participate in a vote to narrow the selection to
one candidate. He said they should Continue with the process by narrowing the selection
to three or four candidates total. The Process should continne with an open meeting
interview with the top three or four candidates.
Councilmembers each listed the top three candidates:
Councilmember KedrOwski Participated by written proxy. His top three candidates Were:
I) Jeannie Robbins, 2) Charles Gerlach, 3) Dave Wuellner.
Mayor Mader listed his top three candidates: 1) Bob Jader, 2) Dave Wuellner, 3) Jean
Wheeler.
Councilmember Petersen listed his top three candidates: I) Bob Jader, 2) Jean Wheeler,
3) Dave Wuellner.
Councilmember Schenck listed his top three candidates: 1 )Jeannie Robbins, 2) Jim
Weninger, 3) Dave Wuellner.
16200 Eagle C'eek Ave. S. E.. P,lo, Lake. Minnesota 55372-] 7 I 4 / Ph. (612) 447-4230 / Fax (6 I 2) 4417.4245
AN EQL"Al OPPORTLJNIW EMPLOYER
.1didates were assigned points based upon three points for a "number one" preference,
.wo points for a "number two" preference, and one point for a "number three" preference.
The candidates' points totaled as follows:
Bob Jader:
Jeannie Robbins:
Dave Wuellner.
Jean Wheeler:
Charles Gerlach:
Jim Wenniger:
6 points
6 points
5 points
3 points
2 points
2 points
Based upon these point totals, Bob Jader, Jeannie Robbins, and Dave Wuellner were the
top three candidates.
A five minute recess was declared.
MOTION BY SCHENCK SECOND BY PETERSEN TO SET A SPECIAL MEETING
FOR FEBRUARY 3, 1998 AT 5:30 P.M. TO CONDUCT AN OPEN MEETING TO
INTERVIEW THE THREE FINALISTS AND MAKE A FINAL SELECTION.
Upon a vote, ayes by Mader, Petersen, and Schenck, the motion carried.
A five minute recess was declared.
City Manager Boyles reported that he telephoned candidates David Wuellner and Bob
Jader. Both are available Monday, February 2, 1998 at 5:30 P.M. City Manager Boyles
described the process to both candidates. Candidate Jeannie Robbins ws present and
confirmed she is available on February 2, 1998.
MOTION BY SCHENCK SECOND BY PETERSEN TO AMEND THE MOTION TO
HOLD THE SPECIAL MEETING FEBRUARY 2, 1998 AT 5:30 P.M.
Upon a vote, ayes by Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY PETERSEN TO CHANGE WORKSHOP TO
SPECIAL CITY COUNCIL MEETING TO BEGIN AT 5:30 P.M. AND POST AS
SUCH.
Upon a vote, ayes by Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY PETERSEN TO ALLOW EACH OF THREE
FINALISTS TO PREPARE AND DELIVER UP TO A 15 MINUTE PRESENTATION
TO THE CITY COUNCIL WITH ANOTHER 15 MINUTES FOR EACH CANDIDATE
RESERVED FOR QUESTIONS AS THE COUNCIL DEEMS APPROPRIATE.
2
Upon a vote, ayes by Mader, Petersen, and Schenck, the motion carried.
MOTION BY SCHENCK SECOND BY PETERSEN TO ADJOURN THE MEETING.
Upon a vote, ayes by Mader, Petersen, and Schenck, the motion carried.
The meeting adjourned at 7:04 P.M.
3