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HomeMy WebLinkAboutDraft September 7, 2010 Meeting Minutes ~o~ PRJo~ i~~ U trl ~ 4646 Dakota Street SE Prior Lake. MN 55372 REGULAR CITY COUNCIL MEETING MINUTES September 7,2010 CALL TO ORDER The meeting was called to order at 6:00 p.m. Present were Mayor Myser, Council members Erickson, Hed- berg, Keeney and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Al- brecht, Parks and Fleet Supervisor Friedges, Finance Director Erickson, Building and Transit Services Director Kansier, Assistant City Manager Meyer, Communications Coordinator and Administrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. It will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Items to be considered on the agenda may be addressed at the Public Forum unless they have been or will be the subject of a public hearing or public information hearing at the City Council, the Economic Development Authority (EDA), the Planning Commission, or any other City Advisory Committee within the foreseeable fu- ture. Forum items are also restricted to City governmental topics rather than as a platform for private agendas. Matters that are the subject of pending litigation are not appropriate for the Public Forum. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the Public Forum. Comments: Rachel van den Boom, 17252 Deerfield Drive, stated she wanted it to be part of the record that for two week- ends in a row, City employees took their signs (realty signs). Stated she and other realtors met with a repre- sentative of the Minneapolis Association of Realtors, the mayor and a council member and City employees on August 31. Expressed that they did not like the signs being taken and would like to have the ordinance amended that impacts their placement in the right of way. Added that at the August 31 meeting, persons present agreed that City staff would meet with local brokers in a task force format which would include realty representatives, a BA TC representative, City Attorney and City staff. Commented that Prior Lake taxpayers are realtor's clients and need every bit of help they can have to market the sale of their homes in this econo- my. Kurt Hennes, 17286 Sunset Trail, stated he lives on Spring Lake. Asked if there is anything the Council can do to help the impaired lake's situation. Stated he has called the watershed, DNR and other environmental protection agencies and feels as though he is getting nowhere. Reiterated that if there is anything Council can do to address the issue, to please do so. APPROVAL OF AGENDA Councilor Millar requested addition of item 10D, to consider approval of direction to the staff regarding ordin- ance amendment with respect to signs. MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Phone 952.447.9800 / Fax 952.447.4245/ www.cityofpriorIake.com APPROVAL OF MEETING MINUTES MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE AUGUST 16, 2010, MEETING MI- NUTES AS PRESENTED. VOTE: Ayes by Myser, Erickson, Keeney and Millar. Hedberg 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 Invoices to be Paid. B. Consider Approval of Resolution 10-079 Supporting a Contract for Services with the City of Shakopee for GIS and Cartegraph Systems Support. C. Consider Approval of Resolution 10-080 Approving Amendment NO.5 to the Development Contract for Stemmer Ridge II. D. Consider Approval of Resolution 10-081 Approving a Refund of Liquor License Fees to Jazz Co. Cafe. E. Consider Approval of Resolution 10-082 Authorizing a Special Hunt. Councilor Erickson requested that item 5E be removed from the consent agenda for discussion. Mayor Myser requested that items 5B and 5C be removed from the consent agenda for discussion; and that 5D be removed from the consent agenda in order for him to recuse himself from discussion and voting due to a conflict of interest. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Erickson: Regarding item E, stated there was a violation of the provisions of the hunt last year. Noted that previous resolutions had the time of starting included. Believes that should be added to this resolution and that it should be in compliance with the timelines laid out in the noise ordinance, which is 7 a.m. weekdays and Saturday and 8 a.m. Sundays and holidays. MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE RESOLUTION 10-082 AUTHORIZING A SPECIAL HUNT WITH HOURS OF HUNT TO COMPLY WITH THE NOISE ORDINANCE. Keeney: Believes that hunting regulations normally limit the start time as sunrise so 7 a.m. will not be much of a change. Hedberg: Queried about the violations of the previous year. Boyles: Responded that a person miscommunicated with Mr. Vierling which resulted in hunting on a weekend that was not specified as part of the hunt. When notified of the error, the hunter discontinued. Myser: Asked how a potential hunt will solve a pressing problem as the problem would occur on more than just the weekend. Queried whether a hunt will solve the problem as the geese will return. Boyles: Replied that Mr. Vierling indicates the hunt has more to do with trying to provide suitable pasture for his livestock. Does not know if the hunt is an effective means to do that. VOTE: Ayes by Myser, Erickson, Hedberg, and Millar. Keeney opposed. The motion carried. Myser: Regarding item B, questioned if outsourcing GIS and Cartegraph expertise is the lowest cost option. Albrecht: Responded that has been researched and at this time, it is. 2 DRAFT 0907 10 meeting minutes Myser: Regarding item C, asked how an extension of the development agreement will reduce the City's re- sponsibility for road maintenance costs. Albrecht: Replied that the City is maintaining streets, sewer and water in the existing developed area for a 50% population density. If the development plan for the second phase is not extended and the developer is forced to develop those lots now, infrastructure would be extended to lots with no homes on them and the City would have to maintain the infrastructure even though no people are living on the sites. Hedberg: Commented the City has been in the position of extending development agreements for many de- velopments. Added that this developer has continued to sell lots and build homes in the first phase even dur- ing these difficult economic times. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 10-079 SUPPORTING A CONTRACT FOR SERVICES WITH THE CITY OF SHAKOPEE FOR GIS AND CARTEGRAPH SYSTEMS SUPPORT AND RESOLUTION 10-080 APPROVING AMENDMENT NO.5 TO THE DEVELOPMENT CON- TRACT FOR STEMMER RIDGE II. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Mayor Myser recused himself from discussion and from taking part in the vote on item D due to a conflict of interest. Deputy Mayor Millar assumed conduct of the meeting and called for a motion. MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE RESOLUTION 10-081 APPROVING A REFUND OF LIQUOR LICENSE FEES TO JAZZ CO. CAFE. VOTE: Ayes by Erickson, Hedberg, Keeney and Millar. Myser recused. The motion carried. Mayor Myser resumed conducting the meeting. PRESENTATION Constitution Week Proclamation City Manager Boyles commented that the President of the United States will designate the week of Septem- ber 17-23 as Constitution Week. Noted that the Daughters of the American Revolution (DAR) were instrumen- tal in starting Constitution Week and the DAR Constitution Week Chairperson Betty Schneider, Chapter Regent Rachael Sanisidro, and State Regent Frances Stachour were in attendance. Chapter Regent San i- sidro spoke about the DAR involvement in starting Constitution Week which was first observed in 1955 and whose purpose is to promote study and education about the Constitution. All Council members read the preamble to the Constitution of the United States of America. Mayor Myser read a proclamation declaring September 17-23 to be Constitution Week in the City. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of an Amendment to Prior Lake City Code Section 801 Relating to Animals on Pub- lic Lands. City Manager Boyles recalled the history of the improvements to the Jeffers Pond Park. Explained that the most recent improvements of a shelter, kiosk, bridge and wood chip trail were paid for by the Jeffers Founda- tion with the condition that the conservation area would be protected from use by domestic animals. A public meeting was held on August 24 to allow public input regarding the restriction of domestic animals. After ex- tending an invitation to 675 households, 25 persons offered feedback; generally expressing concerns about the inconvenience of not being able to complete a circular route through the park. A proposed ordinance was 3 DRAFT 0907 10 meeting minutes presented which would prohibit domestic animals, skateboards, skates, rollerblades, bicycles and motorized vehicles in the conservation area. Comments: Hedberg: Recalled an earlier plan where the Jeffers Foundation tried to partner with the City and School Dis- trict to build a nature center. The City made the commitment contingent upon commitment from the School District to provide staff, maintenance and programming. Due to economics and funding difficulties, that agreement did not culminate. Funds remained set aside from the Jeffers Foundation and several months were spent working on an agreement to round out an environmental experience in the Park. Expressed apprecia- tion to Jeffers Foundation CEO Paul Oberg and Board member Oar Fosse for their work and commitment to finalize the improvements. Stated he appreciates and understands the desire to protect the conservation area and supports this ordinance amendment as a good compromise to use the generosity of the Foundation and complete the improvements this year. Millar: Stated he wished a different solution for dog use could have been found, but agrees the City is lucky to have the land and the conservancy. Commented this Park is another reason why the quality of life is so good here. Will support. Erickson: Will support. Asked for clarification on the area where residents can complete a loop on the trails with their pets. Boyles: Responded with a visual display. Albrecht: Remarked that the school has expressed issues about dogs on their properties and supports re- stricting them. Added that the dog owners at the public meeting seemed to understand why the domestic ani- mals are restricted. Erickson: Concurred the Park is a beautiful area and he is glad it is being finished. Keeney: Concurred with previous comments about this being a wonderful park. Stated the conservation area is something the Foundation wanted to have and the City should honor that. Will support. Myser: Will support. Expressed his belief that even if a dog is on a leash; or if users are using skateboards, etc. in the park, they would be performing activities that deteriorate the conservation area. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE ORDINANCE 110-04 AMENDING SEC- TION 801.200 OF THE PRIOR LAKE CITY CODE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Adopting the 2011 Preliminary Budget and Property Tax Levy; and Establishing a Date for the Truth-in-Taxation Hearing. Finance Director Erickson informed the Council that the preliminary budget amount approved will be the maximum tax levy. Announced that the Truth in Taxation meeting will be held on Monday, December 6,2010 at 6 p.m. at which time the 2011 budget and levy will be discussed and the public will have an opportunity to provide input. If needed, a continuation hearing will be scheduled for Monday, December 2010 at 6 p.m. Commented on direction provided to staff by the Council at budget work sessions and the priorities added to the 2030 Vision Elements of Economic Development, Strong Financial Management and Natural Resources. Listed the funds for which this budget overview reflects preliminary figures. Noted that two new funds, Debt Service Fund and Revolving Equipment Fund, have been added to the 2011 proposed budget. Described significant changes in revenue and expenditure for each of the funds. Indicated that general fund expendi- tures are up 2.77%; and an increase in tax levy of just less than $35,000 and $350,000 of general fund re- serves will be used to support the budget. The impact upon an average value residential property (assuming a decline in average valuation from $305,000 to $288,800) would be an $8 reduction in the City portion of the property taxes paid to support the 2011 budget. 4 DRAFT 090710 meeting minutes Comments: Myser: Stated he has been a big proponent for economic development because it provides jobs, services that residents want and tax revenue that will spread the burden and provide potential to grow. Noted the money proposed for economic development is not to hire someone, but to have resources for when there is a plan. Wants to see zero levy increase because this is still a time of economic uncertainty. Believes Minnesota is showing better growth than the country, but some are still losing jobs and raises are hard to come by. Be- lieves the City's reserves are higher than they should be and this is the type of environment where they should be tapped into. Stated he would like to see a list of things that could be eliminated from the budget during this time of economic uncertainty. A big item impacting the budget increase for 2011 is about 2.75% for personnel costs. Noted that it is people who get things done and they can be challenged to find better ways to do things. Businesses and homeowners are cutting back and government should also. Stated he is not willing to see an increase in spending at this stage. Council needs to weigh what is important to taxpayers and services that are offered to taxpayers before making an informed decision. Personally would like to see a wage freeze; but an increase in keeping with the rate of inflation would be appropriate. Asked staff to find the items that could be reduced such as the Wavelength and spending on conferences, etc. Would like to see those things re- duced and have the money go to staff as they are doing great work. Erickson: Commented that the City only controls 26.5% of the property tax and the remainder is levied by other taxing entities. Noted that this budget proposal results in a reduction for the average-priced property of $8 annually. The City has grown and cannot run on the same budget as when it was smaller. Does not want to cut the economic development budget as economic development is needed to provide a more viable future for the City. Will support the 2011 budget as proposed and challenge the other taxing authorities to reduce the tax burden to property owners by the same amount. Keeney: Commented on spending of reserves and noted the debt service spending shows $750,000 in re- serve spending and asked if that is an offset in revenue vs. expenditure or a permanent change. J. Erickson: Requirement for debt service levy is 105% of what the debt service amount is going to be so a fund balance would accumulate, but it can be adjusted in the last year of payments. Noted the final budget will include the impact of special assessment revenue which will offset the amount of fund balance reserves used for debt service. Keeney: Noted the enterprise reserve will be using $2 million and asked if that is levy vs. expenditure for big projects this year or if the City will be spending money already collected to not raise rates. J. Erickson: Replied that the last rate increase was in 2005 and a rate analysis will be conducted in the next few months along with discussion of the impact of long-term projects on the rate. Projects budgeted for 2011 are from the Capital Improvement Program and have already been identified as priorities. Albrecht: Added that the plan for 2011 was to use reserves in the utility fund. Keeney: Supports a zero percent levy increase this year stating that would send the right message to taxpay- ers. Expressed concern about the expenditure side of the budget and that the amount proposed for spending reserves is funding an increase in spending. Expressed concern over spending in the revolving equipment fund and debt service fund; and the contingency fund is being proposed to be spent down. Wants to retain employees and not have them leave because the City hasn't maintained a competitive environment. Chal- lenged staff to look at how to hold spending at its current level. Believes if the City continues to use the process of spending down reserves, it will run out of money. Would not want to get into the situation of need- ing to generate a spike in taxes. Stated he is not a strong proponent that there is much the City can do about economic development by spending a lot of money. Believes the things that build a great community that at- tract development have more to do with the people who live here and do the right things. Stated he has seen too many cases where funding for economic development does not provide the results and he would be reluc- tant to spend that money with no plan in place. J. Erickson: Commented that the revolving equipment fund reflects $370,000 in funding sources; $270,000 from property tax and $100,000 from the enterprise fund. That is consistent with previous years and the 2011 budget proposes increasing both sources by $10,000 each. Noted that the purpose of the fund is to soften the 5 DRAFT 090710 meeting minutes expenditures from year to year and not have to increase the tax levy one year and decrease it the next. Ex- penditures are driven by the Capital Improvement Plan which is reviewed each year. In the past couple of years the City has delayed equipment and vehicle replacement issues so there is a greater amount needed in 2011 and it is expected to be less in 2012 and 2013. Keeney: Reiterated that his comments were about the "backing out" process masking other additional spending such as the police squads. Concerned that we are not keeping track of the total increase in spend- ing. J. Erickson: Concurred that $73,000 was moved from the general fund to the equipment revolving fund which states the expenditures in the equipment revolving fund higher, but it understates current expenditures from one year to the next. Mentioned that total increase in the general fund is $336,000 which is primarily per- sonnel. Contracts are in place with patrol officers and sergeants. The City will be entering into negotiations with AFSCME and a plan made for the nonunion employees. The budget factors in COLA and steps as a pre- liminary place to start. The 2011 budget will not have a contingency line item and capital outlay is reduced by $83,000. Hedberg: Will support the budget as presented showing an increase in the levy of $35,000. Commented that considering the budget in a longer context, the general fund budget in 2007 was just over $12 million. Expend- itures were lower in 2008 and 2009, with the 2010 budget at $12.1 million. We have been shrinking city gov- ernment for three years. This budget represents a 3.5% increase over four years ago in the general fund. Even in the lower inflation environment, the cumulative inflation is about 6%. There is ten percent fewer staff. Heavy burden has been placed on employees with expected greater productivity, furloughs, etc. By intention there has been a laudable emphasis to stick with debt service reduction to not push the costs to future genera- tions. General purpose spending for 2011 is proposed to be down $59,000. The increase of $35,000 pro- posed for this budget is debt service. The City is still growing - the first $63,000 of tax levy will be absorbed by new construction. Alternations and additions increase the value of homes which also adds to the tax base of the city. It is anticipated that the City's population will have increased about 8% over the last four years re- flecting that this is a growing community that requires basic services. This budget reflects basic services. Millar: Asked how many dollars of difference the property tax levy on an average-priced property in Prior Lake would be if the property tax levy were zero. J. Erickson: Responded that zero percent change in levy would result in a $12 reduction per average-priced property. Millar: Asked if a 2.2% increase is scheduled for salaried employees. J. Erickson: Responded that total costs for personnel is planned for about $390,000 of which $150,000 is planned to replace the hours lost by furloughs in 2010. Millar: Stated that furloughs are an extreme burden for personnel. Believes that the $35,000 tax levy in- crease proposed is a small amount to restore the hours to employees.1 Believes it is good to send a message to the community that we are trying to have a responsible budget and staff has done well with this proposed budget. Will support the budget as presented. Myser: In regards to the 2007-2011 general fund budgets, a number of items were taken out of the general fund such as police cars. Asked about the allocation of overhead to enterprise funds. J. Erickson: Replied such allocation to enterprise funds has been in place for many years. An allocation of a portion of certain staff member salaries to some funds have been made, but most have remained the same. Myser: Commented that there is a levy and a budget with a budget increase in the general fund of 2.8%. Some of the impact is being mitigated by consuming some of the reserves to balance the budget without a big increase to the levy. Wants to find savings that could be made for a year that money could be used to com- pensate staff. Believes in people and productivity and despite the City's growth, believes we can be more pro- ductive. Hedberg: Commented that the budget is increasing $340,000; but $150,000 is to restore furloughed hours. $94,000 relates to capital and debt service. When factoring in contractually committed and equitable increas- es in compensation and benefit plans, it is a budget that reflects continued pulling the belt in tighter. Added 6 DRAFT 090710 meeting minutes that government is paying an increased cost for PERA pension plans and expressed his belief that such funds are underfunded and will create a continued burden for both the employees and the City. This budget re- flects an increase in productivity and innovative ways to get the job done or we would not have been able to grow by 80 homes this year and provide the same services. Myser: Reiterated that it is hard to see salary increases of nearly 3% (which is above inflation) when many residents are hurting. Keeney: Concurred with Hedberg about creating a sustainable plan going into the future. Stated some areas have been underfunded such as the pension and equipment replacement. Believes that spending down on reserves will place us at a tough decision of reducing services or collecting more money. Need to start tighten- ing the belt now. Asked about the furlough hours believing employees were made whole in 2010. J. Erickson: Replied that the police unions accepted a zero percent COLA in 2010 so their hours were reins- tated. AFSCME did not. Keeney: Clarified that the savings from the furloughs were in the 2010 budget. J. Erickson: Replied that furloughs were budgeted in 2010 so personnel costs in that budget were reduced by $150,000. W. Erickson: Commented that an assumption is made in this budget that the City will not get money owed to us by the State. Noted that if the homestead credit monies were received from the State, the City would have a major reduction to taxpayers. MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE RESOLUTION 10.083 ADOPTING PRO- POSED 2011 CITY BUDGETS AND CERTIFYING PRELIMINARY 2011 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. VOTE: Ayes by Erickson, Hedberg and Millar. Myser and Keeney opposed. The motion carried. Consider Approval of a Resolution Approving an Agreement for Connection of the Scott County Public Works Facility to the City of Prior Lake Sanitary Sewer System. Public Works Director Albrecht described the proposal for the Scott County connection of a forcemain to existing City sanitary sewer systems. Anticipates that without this agreement infrastructure would not be ex- tended to the County public works facility area until 2018. Noted that the facility has a limited sewer system at this time and they have determined the most cost effective solution is to extend the force main to connect to existing, unused City sanitary sewer. Spoke of advantages to the City of having the County facility in its cur- rent location. Comments: Millar: Commented that with no cost to the City, the proposal makes sense. Albrecht: Responded there is staff time involved, but traditionally the City does not try to capture such costs as staff time is often exchanged on projects with the County. Millar: Noted this area will be part of Prior Lake after the annexation. Should be helpful to the watershed to close down the septic tanks. Will support. Hedberg: Stated this will presumably help to better manage their sewer and provide an alternative to Sunrise Estates before the permanent extension of sewer services is completed. Ability to work collaboratively with the township and county is good. Keeney: Asked if the sewer line will meet our requirements or will have to be replaced in the future. Albrecht: Replied this is a temporary system; but it will allow the City and Township to connect the forcemain and include several homeowners who live on Spring Lake. The County will size it to accommodate the extra flow. The residents will have the extra cost of connection. Keeney: Asked if water can be provided also, thinking in terms of annexing the homes on the west end of Spring Lake. 7 DRAFT 090710 meeting minutes Albrecht: Replied it would not be preferred as long, dead-end water mains don't have enough flow to main- tain a good service. Noted that roadways are not yet planned for that area so location of the water main can- not be ascertained yet. Added that cleaning up the septics should help in cleaning up the waterways. Keeney: Trying to address Hennes' comments from the public forum, asked if there is anything the City can do to push that forward. Albrecht: Replied that funds for a feasibility study for the sewer is in 2011 budget. That cost would be as- sessed back to the property owner if the project moves forward. Stated this will eliminate nearly all of the sep- tic tanks for homes on the lake. Erickson: Will support. Understands that Sunrise Estates will tie into the system at their own expense. Albrecht: Responded that the Township would take on cost of making the extension and then assess their residents. The City would retain oversight of planning which will be part of the annexation conversation the Council has with the County Board. Myser: Agreed the proposal makes sense. Commented that the Spring Lake impairment is primarily phos- phorus based and from agricultural runoff. Will support. MOTION BY KEENEY, SECONDED BY HEDBERG TO APPROVE RESOLUTION 10-084 AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH SCOTT COUNTY FOR THE CONNECTION OF THE PUBLIC WORKS FACILITY TO THE CITY OF PRIOR LAKE SANITARY SEWER SYSTEM. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approval of a Report Providing Staff with Direction on Grant Applications. Building and Transit Services Director Kansier provided background on some grant applications such as grants to offset project staff costs, purchase equipment and pursue innovative technologies. Explained that often grants require matching funds and much follow-up reporting. Spoke of the challenges of determining which grants to pursue and finding the funds and staff time for them. Sought direction from Council about submitting grants prior to Council approval, the level of funding to seek, competing priorities or limited time- frames, willingness to commit a portion of the reserves for grant matching opportunities and, if so, in what amount. Public Works Director Albrecht queried whether the Council's priority would be to seek money for preserving land for future parks or for easements connect to water quality, etc. Questioned what thre- sholds/parameters the Council wants to use for bringing applications forward for approval. Offered the opinion that the City would not want to be awarded a grant and have to refuse because it could not support the match- ing funds; or that discussions with landowners about the opportunity to acquire land for park land should not be held if the Council would not want to move forward with a project. Comments: Keeney: Stated his priority would be on water quality rather than additional park land believing the City is hav- ing trouble developing and maintaining the park land it has. If grants could combine water quality and park land, he would be interested in that. Suggested making some kind of policy where the Council would adjust cash flow and reserves when the opportunity is right. Pike Lake was a good example of doing that. Need to evaluate such an opportunity early in the process so staff does not expend effort on something the City can not afford to do. Albrecht: Commented that Council could provide staff the ability to add things to the Consent Agenda, even at the last minute, allowing the opportunity to be presented so the Council could give direction. Erickson: Believes this meeting does not provide the time to discuss this topic in depth and it should be brought to a work session. Millar: Concurred with the suggestion for a work session. Believes the staff should continue current practice until that discussion. 8 DRAFT 0907 10 meeting minutes Hedberg: Generally agreed that in depth discussion would be helpful, but expressed his own interest in water quality and economic development. Stated that grants that require commitment of $100,000 or less should be considered and pursued. Beyond that, the City may not be ready to take them on. If a grant proposed a big solution to one of our big problems, he would be willing to use reserves to get them; i.e. a solution to upstream pollution or the Main /CR 21/TH 13 intersections. Myser: Asked why staff feels there is not enough lead time to bring a grant request to the Council and process the application. Kansier: Replied that federal grants are often filtered down through the state which narrows the time window; often to 30-60 days. Myser: Believes the City's single greatest asset is the lakes. Impairment has been decades in the making, there is no plan to clean it up and multi-millions of dollars will be needed to do so. Believes anything that sup- ports a plan to clean up the lake such as the street sweeping, sand iron filters, etc., is laying the base for putting a plan in place. Opportunities to buy unspoiled properties would be wonderful, but the City has to take care of the things it has first. Would support pursuing grants that are important to the lakes. Erickson: Moved that staff be directed to schedule a work session to discuss grant priorities. Hedberg: Offered an amendment to state the work session should be conducted within the next 90 days. MOTION BY ERICKSON, SECONDED BY HEDBERG TO DIRECT STAFF TO SCHEDULE A WORK SES- SION WITHIN THE NEXT 90 DAYS TO DISCUSS GRANT OPPORTUNITY PRIORITIES. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. Consider Approval of Direction to Staff Regarding Ordinance Amendment with Respect to Signage. Councilor Millar stated that he and Mayor Myser and members of the staff met with several realtors concern- ing the impact of sign ordinance enforcement on open house sign placement; and the realtors claim that near- by municipalities are not as restrictive. At that meeting, a task force approach was agreed upon to examine what might be done from an ordinance amendment perspective. Requested the Council to endorse the task force. Comments: Erickson: Supports the task force. Keeney: Sought clarity on the purpose of the task force. Millar: Replied that other communities seem to have found solutions in terms of realtor signage. Suggested the task force include staff and the city attorney to look at what some other communities have done and dis- cuss ways to work together to help the realtors with some of the limitations on our signs today. Believes it is important for them to have ways for citizens to sell and buy homes. Keeney: Stated he does not disagree with trying to find a way to conduct business and help citizens market their homes. The sign ordinance that was passed was the result of months of work and consideration to de- velop it. Does not want to start over with that. Did consider what can be done for off premise signage and the City does not want to create a scenario where it cannot enforce such signage. Believes that most of the roads people want to put signs on are County roads where the City has no jurisdiction so the City is the wrong go- verning body to talk to for changing that law. Noted that during the public hearing, many people participated with the message that they wanted to see enforcement. Welcomes proposals for solutions, but hesitates to expend staff time on this at this time. Concerned that staff are being pushed to work on things that are not productive. Myser: Believes realtors did not enter into this process because they did not foresee changes occurring, but change occurred when the Council decided it wanted to enforce the sign ordinance. Some of the signs in the right of way were becoming egregious; a decision was made to enforce the law and it needed to be equitable for everyone as well as responsible for safety and aesthetics. Realtors have asked to be able to provide input 9 DRAFT 090710 meeting minutes about the enforcement issue while still maintaining safety and aesthetics. With that understanding, a task force could be worthwhile. Erickson: Concurred with Myser remarks. Suggested the task force include someone from the County. Em- phasized that the City and County ordinance must be enforced. Keeney: Asked if the intent of enforcement is for signs in the right of way or on private property. Myser: Replied that in respect to real estate signs, it would be both. Pace: Commented that during the ordinance development staff talked to the County about enforcing the State Statute of no signs in the right of way and asked the County to enforce their streets. They said they do not have the resources to do so. Reiterated that the right of way regulations are State Statute. Added that when the recently enacted sign ordinance was being developed the staff analyzed ordinances from more than 30 communities, including contiguous communities. Prior Lake realtors may be at a disadvantage if the place- ment of their signs are restricted in the City but permitted by adjacent communities. Suggested the topic be raised at SCALE. Myser: Commented that some communities police real estate signs noting that Apple Valley does not allow signs, but still sell their homes. Would like to learn how other communities who enforce these laws are im- pacted compared to communities who do not. Hedberg: Will support direction to staff to work with the task force. Believes the Council needs to consider whether to direct staff to proactively enforce the ordinance or deal with violations on a complaint basis. If choosing full enforcement, then would need to address legitimate business issues. Myser: Noted that realtors suggested there could be some self-enforcement mechanisms. Keeney: Recalled that when the sign ordinance amendment passed, staff was directed to examine enforce- ment. Comments from the public hearing came through loud and clear to increase enforcement of existing ordinance, which carried through to staff enforcement actions. Questioned whether the Council wanted to amend that action or go to a task force. Suggested realtors provide language to consider if further ordinance amendment were undertaken. Noted that staff spent an incredible amount of time to develop the ordinance and the appropriate time to make comments was at the public hearing. MOTION WAS MADE BY MILLAR, SECONDED BY HEDBERG TO SUPPORT THE FORMATION OF THE TASK FORCE INCLUDING MEMBERS FROM STAFF, THE CITY ATTORNEY AND A REALTOR ASSOCIA- TION REPRESENTATIVE. Erickson: Queried how many Council members should be on the task force. Millar: Replied he is not recommending any Council members. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Millar. The motion carried. OTHER Community Events Hedberg: Stated that the 31st annual firefighter chicken barbeque will be on Saturday at the VFW. Erickson: congratulated Mayor Myser on his recent marriage. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Keeney and seconded by Millar. With all in favor, the meeting adjourned at 8:55 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 10 DRAFT 090710 meeting minutes