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HomeMy WebLinkAboutDraft Jan 3, 2011 MinutesPRI�� U itr 1 1-17I� 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES January 3, 2011 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 Albrecht, Water Re- sources Engineer Bintner, Building and Transit Services Director Kansier, Community Development and Natu- ral Resources Director Parr, Police Chief O'Rourke, Fire Chief Hartman, Assistant City Manager Meyer and Administrative Assistant Green. OATH OF OFFICE City Manager Boyles explained the format that would be used to administer the Oath of Office. Council - member Hedberg announced that the birth of a grandchild prohibited his family members from being in atten- dance to administer his oath and, therefore, was sworn in by City Manager Boyles. Councilmember Soukup was sworn in by Renate Stone. Mayor Myser presented a Certificate of Election to both Hedberg and Soukup. RECESS A recess was called 6:05 p.m. to allow photos. RECONVENE Mayor Myser reconvened the meeting at 6:10 p.m. Swearing in of Police Officer. Police Chief O'Rourke introduced new police officer Christopher Schaefer and provided a background of his education and experience. Mayor Myser administered the Oath of Office to Schaefer. 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: No person stepped forward to speak. APPROVAL OF AGENDA City Manager Boyles requested the addition of new business item 11 D, Consider Approval of Recommenda- tions of the Bylaws and Compensation Subcommittee to Amend City Council and Advisory Committee Bylaws. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com MOTION BY HEDBERG, SECONDED BY KEENEY TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE THE DECEMBER 20, 2010, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg and Keeney. Soukup abstained as she was not in office at the time of 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 11 -001 Accepting Scott Watershed Management Organization (SWMO) Grant to Construct a Water Reuse System at the Ponds Park Athletic Complex. C. Consider Approval of Taxicab License Renewal for Southwest Metro Taxi. D. Consider Approval of Resolution 11.002 Supporting Regulation of the Manufacture, Distribution and Possession of Synthetic Marijuana. E. Consider Approval of Resolution 11.003 Approving the 2011 -2013 Professional Engineering Services Consultant Pool. F. Consider Approval of Resolution 11.004 Authorizing Dispatch and Use of Prior Lake Fire Department Equipment and Services by the Fire Chief for Mutual Aid Calls and Authorizing Participation in the Minnesota State Fire Chiefs Fire Service Intrastate Mutual Aid Plan. G. Consider Approval of Resolution 11 -005 Approving Participation in the Scott County Sentencing to Service Program and Authorizing the Mayor and City Manager to Execute the Joint Powers Agree- ment Between Scott County and the City of Prior Lake. H. Consider Approval of Resolution 11.006 Authorizing the Mayor and City Manager to Sign a Revised Agreement with the Scott Soil and Water Conservation District for the 2010 -2012 Scott County Joint Storm Water Education Program. I. Consider Approval of Resolution 11.007 Approving a Change Order for the 2011 Water Quality Main- tenance and Retrofit Project (City Project #11 -012). J. Consider Approval of Resolution 11.008 Naming the Conservation Easement Area at Jeffers Pond. K. Consider Approval of Resolution 11.009 Accepting a Technical Assistance Planning Grant from the Scott County Development Agency. L. Consider Approval of Resolution 11 -010 Accepting a Community Forest Bonding Grant from the Minnesota Department of Natural Resources. Councilmember Hedberg requested that items 6B, 6E, 61 and 6L be removed from the consent agenda. MOTION BY ERICKSON, SECONDED BY SOUKUP TO APPROVE THE CONSENT AGENDA AS MOD- IFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Comments: Hedberg: Commented regarding 6B that it is unique to be awarded a grant to reuse stormwater; and the project will allow use of stormwater to irrigate some of the fields at the Ponds. If successful, the concept may be expanded to more fields and further reduce the use of groundwater. 2 DRAFT 0103 11 City Council meeting minutes Keeney: Asked how much less water is anticipated to be drawn from the municipal system. Bintner: 900,000 gallons per year. Keeney: Asked if the City applies any billing from one department to another for water use. Albrecht: Replied that the City does not bill back to itself. Added that this amount is about 1 % of the City's water use. Keeney: Asked if there is an immediate payback by not spending money to pump it out of the ground. Albrecht: Affirmed there is a savings associated with not pumping, especially during peak season, as there will be less wear and tear on equipment. Commented that staff will attempt to assign a dollar value to the sav- ings. Myser: Noted that the retail rate is $3.65 per thousand gallons. Hedberg: Commented regarding 6E that staff identifies specialist consulting organizations that are known to be qualified so the City knows it will receive qualified, competitive bids on projects. Asked if any different con- sultants are included with this proposal. Albrecht: Responded that the City is changing from 11 separate engineering categories to four as specialties that overlapped were condensed. Noted that about 25% of the consultants proposed for the pool will be differ- ent from the last approved pool. Hedberg: Regarding item 6 I, asked for a summary of awards and associated implications. Bintner: Replied that grants received are the benefit of our relationship with the Watershed as they pooled projects together and applied on the City's behalf for grants from the Clean Water Legacy and others. Two dif- ferent grant opportunities through the Watershed are allowing the City to receive $149,000, and potentially more, to be used to expand projects that meet our clean water goals and reduce some of the City's cost. Hedberg: Noted this will be used to expand the scope of this year's pond cleaning projects to 12 ponds. Keeney: Commented that the Council discussed the philosophy of applying for grants in a work session and this is example of success in grant applications. Thanked the staff who worked on grants that allowed this savings of City funds. Hedberg: Regarding 6L, commented that the forest bonding grant will have significant long -term benefits for the City. Kansier: Stated that it is an opportunity to using the state bonding mechanism to purchase 700 trees that will be planted on seven miles of roadway throughout the City. A wide variety of species will be planted and it will help in replacement of trees that will be lost to Emerald Ash Borer. Hedberg: Agreed this will be a way to get ahead of the upcoming loss noting that the urban forest is asset to the City. Keeney: Asked if there is a way for people to learn if their street is on the list to receive some of the trees. Kansier: Replied that residents can contract either her or Parks Supervisor Friedges. MOTION BY HEDBERG, SECONDED BY KEENEY TO APPROVE: B. CONSIDER APPROVAL OF RESOLUTION 11.001 ACCEPTING SCOTT WATERSHED MANAGEMENT ORGANIZATION (SWMO) GRANT TO CONSTRUCT A WATER REUSE SYSTEM AT THE PONDS PARK ATHLETIC COMPLEX. E. CONSIDER APPROVAL OF RESOLUTION 11.003 APPROVING THE 2011 -2013 PROFESSIONAL EN- GINEERING SERVICES CONSULTANT POOL. I. CONSIDER APPROVAL OF RESOLUTION 11 -007 APPROVING A CHANGE ORDER FOR THE 2011 WATER QUALITY MAINTENANCE AND RETROFIT PROJECT (CITY PROJECT #11 -012). L. CONSIDER APPROVAL OF RESOLUTION 11 -010 ACCEPTING A COMMUNITY FOREST BONDING GRANT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 3 DRAFT 0103 11 City Council meeting minutes VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Beyond the Yellow Ribbon. City Manager Boyles introduced Dawn Buhain of Beyond the Yellow Ribbon -South of the River. Buhain pro- vided information about the organization; its membership and objective to build a network to meet the needs of service members and military families. She informed the Council of the organization's upcoming activities. Mayor Myser read the proclamation. Comments: Erickson: Commented that whole families are affected when one of their members are in the military. This group can help coordinate efforts between neighbors and communities. Buhain: Added that people can contact the organization by emailing btyrsouthoftheriver cDgmail.com Myser: Wished them well. Thanked them for taking initiative to provide this service for the community and its service members. Schedule for the New Jobs Access Reverse Commute (JARC) Bus. Building and Transit Services Director Kansier reported that today was the first day for the reverse com- mute bus to provide service. Stated the City's share of the cost for the nearly $500,000 coach bus was $61,000 and the remainder was paid by the City of Shakopee and grants. Stated that morning and afternoon outbound routes have been expanded and five reverse routes including a mid -day bus have been added. De- scribed the route taken by the buses and noted that the schedule will be expanded in March to serve the SMSC and a stop in Burnsville is being considered. Ridership has been increasing steadily and it is believed this JARC bus route will increase ridership to get people out of their cars and into the buses. Comments: Erickson: Asked if stops are made at the 46th Street transit station in Lakeville. Kansier: Affirmed. Erickson: Noted that a rider can transfer to buses to nearly anywhere in the metro area from that there. Soukup: Thanked staff for submitting the grant applications and saving money for the City. Hedberg: Concurred that more buses and routes will mean increased ridership and that steady progress has been made in that direction. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Resolution Authorizing Annexation of the Land Commonly Known as the Svo- boda Property. Community Development and Natural Resources Director Parr described the property. Stated that the 2003 Orderly Annexation Agreement anticipated that this property would have been annexed in 2004, but sewer and water infrastructure needs to be within 150 of a subject property before annexation can be imple- mented. This site did not have water and sewer within that distance in 2004. Considerations for annexation at this time include that the site is within the City's wellhead protection area and there are concerns about conta- mination from this site. Also, the site is along the CR 21 corridor and serves as a gateway to the City. Annex- ation will allow for restrictions and regulations to be established and enforced. The annexation process auto- matically zones a property R -1 and this property will need to be rezoned. Financial impacts to the City as a re- 4 DRAFT 0103 11 City Council meeting minutes sult of this annexation include tiered discounts on property taxes as well as enforcement to clean up possible contamination. Comments: Keeney: Clarified that separate action will be required in order to rezone the site. Asked if this will be compat- ible with existing uses. Parr: Currently this site is zoned as 1 -1 by the County. The City's 2030 Comprehensive Plan calls out uses for this site that is not compatible with industrial zoning. This site is contiguous to C2 property. Keeney: Asked if the City wanted to keep it industrial, would the City have zoning that is comparable to cur- rent zoning. Parr: Replied there is industrial zoning in Deerfield; however, the City's industrial park has a different appear- ance than this site so the City will seek ways to bring the property into compliance with appearance. Keeney: Asked how existing landowners feel about annexation. Parr: Replied that they know the property is part of the orderly annexation agreement and have not been sure of the timing. Keeney: Asked if the existing billboard will become non - conforming. Parr: Replied she is unsure of status of the billboard. Noted the sign ordinance does not allow for billboard use. Pace: Added that orderly annexation provides that while the property is in the township, the County ordin- ances control; but upon annexation, Prior Lake ordinances control. Keeney: Asked if the sign ordinance is a zoning ordinance and whether the billboard could be grandfathered in as a non - conforming use. Pace: The sign ordinance is a zoning ordinance. Keeney: Wondered if the City will be obligated to get rid of it. Pace: The City does not have the authority to amortize legal nonconforming uses. Need to learn whether it was legal when it was erected and is in compliance with County ordinances. If it was, then presumably it will be a legal non - conforming use. Erickson: Will support. Questioned whether it should be rezoned now or later. Parr: Replied that rezoning will be brought back to Council, but direction would be helpful. Erickson: Stated he would like to direct staff to perform an analysis of annexing area 6.2. Referred to a letter received from Spring Lake Township asking the City to do so. Believes it would be advantageous to the City to annex 6.2 and believes that increased property values of connecting to sewer infrastructure will support the assessment that will be necessary. Believes it will allow the City to control more of the lakeshore of Spring Lake for environmental reasons. Soukup: Will support. Asked if testing was done on the "health" of the site to learn whether there will be is- sues to take care of. Albrecht: Replied the City is not aware of any issues at this time. Two monitoring wells are scheduled to be installed in the area and they will be tested for contaminants as part of the yearly protocol. Abandonment of the existing well and septic system will be required and the water on the site will be tested for contaminants. City received a Department of Health grant to assist with abandonment of industrial park properties in the well- head area. Hedberg: Will support. Stated the Council has known that with the extension of utilities, this land is ready for redevelopment. Commented that the owner of property is apparently moving operations, which is an impetus to have annexation take place. Agreed the City should look at area 6.2, as it is nearly the last private septic area on the lakes. Myser: Asked what other areas have passed the anticipated dates listed in the Orderly Annexation Area. Be- lieves the Orderly Annexation Committee should review such sites and provide a report to the Council. Asked for clarification on what may result in costs. DRAFT 0103 11 City Council meeting minutes Parr: Replied the site has a conditional use permit from the County and staff has been told there have been enforcement issues. Stated that if the City must do enforcement, there are staff costs and possible legal costs. Myser: Asked if the County rules are more lenient than the City's. Parr: Replied that the County has its own conditions. The City inspects its CUP sites annually to assure com- pliance so the City might be more restrictive in that regard. MOTION BY HEDBERG, SECONDED BY KEENEY TO APPROVE RESOLUTION 11 -011 ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE (DOCKET #OA -967) VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Motion by Hedberg, seconded by Erickson to direct staff to work with the Orderly Annexation Committee to get an update on the overall status of the Orderly Annexation Agreement and address issues raised in the De- cember letter from the Spring Lake Township; come back with analysis and recommendation for Orderly An- nexation Agreement area 6.2 within 90 days. Pace: Commented that she and staff have been working on such issues and are nearly ready to bring it to the Council. Parr: Concurred. Hedberg: Amended the motion to direct that a report be brought to the Council by the February 21, 2011 meeting. Erickson: Seconded to the amendment. MOTION BY HEDBERG, SECONDED BY ERICKSON TO DIRECT STAFF TO WORK WITH THE ORDERLY ANNEXATION COMMITTEE TO GET UPDATE ON OVERALL STATUS OF THE ORDERLY ANNEXATION AGREEMENT AND ADDRESS ISSUES RAISED IN THE DECEMBER LETTER FROM THE SPRING LAKE TOWNSHIP; COME BACK WITH ANALYSIS AND RECOMMENDATION FOR ORDERLY ANNEXATION AREA 6.2 BY THE FEBRUARY 21, 2011 CITY COUNTIL MEETING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of Annual City Council Appointments. City Manager Boyles listed the areas of business to be conducted at the annual meeting including approval of a fee schedule, review of bylaws and appointment to committee assignments. Mayor Myser recommended the appointment of Councilmember Erickson as Acting Mayor. City Manager Boyles reviewed the remaining proposed appointments. Comments: Hedberg: Commented that he has served on the annexation and special assessment committees four out of the past five years. Stated he accepts the appointment, but wanted the remainder of the Council to be aware of it. Erickson: Asked if designation of investment authority intends the approval of both the City Manager and Finance Director to make an investment. Boyles: Affirmed. Keeney: Responded to Hedberg's comments noting that the Bylaws indicate that appointments normally are cycled each year, but that is not a hard and fast rule and certain assignments need expertise that is acquired over years. Believes it is appropriate that someone should nominate themselves for an area they wish to be- come involved in, otherwise he is open to some assignments being repeated. 6 DRAFT 0103 11 City Council meeting minutes MOTION BY KEENEY, SECONDED BY ERICKSON TO APPROVE COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY KEENEY, SECONDED BY HEDBERG TO DIRECT STAFF TO BRING A RECOMMENDATION TO COUNCIL WITHIN 120 DAYS ABOUT FORMALIZING A RELATIONSHIP WITH THE SHAKOPEE MDE- WAKANTON SIOUX COMMUNITY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECONDED BY KEENEY TO APPROVE RESOLUTION 11 -012 DESIGNATING INVESTMENT AND BANKING AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of the 2011 Official City Fee Schedule. City Manager Boyles reviewed changes proposed for the 2011 City Fee schedule. Comments: Erickson: Asked for an explanation of the excavation and grading permit escrow. Albrecht: Replied it is intended to add a $250 minimum escrow to cover the costs for staff time to conduct in- spections. Added that a process has been established to assure that escrows are not released unless staff in- volved has signed off on the project. Erickson: Asked for an explanation of the various charges for sign permits. Parr: Replied that staff calculated costs for issuing various kinds of sign permits and set costs in a range to recuperate costs. Noted that sign permit fees are well below those of neighboring cities. Keeney: Asked what the difference is between a club license and an on -sale intoxicating license. Boyles: Replied that a club license has significant restrictions such as being a member of the club in order to be served. Believes Statute has limitations on what can be charged for a club license. Keeney: Questioned whether the fee for an off -sale license covers the cost of enforcement. Boyles: Suggested the liquor license section be brought back to a future meeting. Hedberg: will support. Soukup: Asked about the investigating fees for compliance checks on tobacco. Boyles: Replied there are two forms of penalties. One is a criminal violation that goes through the court sys- tem and involves the server. After such conviction, civil penalties take effect. The civil penalties are tiered and allow for revocation after three penalties. Soukup: Clarified that this does not penalize just the person selling, but also the business. Boyles: Affirmed. Myser: Asked if people had walked away from payment of escrows for excavation. Albrecht: Affirmed stating there were companies that would disturb the land, then not replace it. The escrow was established to recover City costs when the City cleans up a site or if the excavator abandons a project af- ter City staff time has been incurred. Myser: Asked about fees for barricades and garbage barrels. Boyles: Replied that the City provides barricades and garbage barrels if neighborhoods want to have a ga- thering and the fee is intended to recover City costs. Myser: Queried the impact of a tree preservation lot deposit on a property. Parr: Replied that the Tree Deposit and Tree Preservation Lot Deposit are similar and can handle the tree pre- servation money within the escrow. The City has experienced property owners who have abandoned the de- posit rather than planting the required trees. Noted the deposit represents $100 per caliper inch of required 7 DRAFT 0103 11 City Council meeting minutes tree replacement. Stated that the Tree Deposit is intended for an individual's property and the Tree Preserva- tion Lot Deposit is intended for developers. MOTION BY KEENEY, SECONDED BY HEDBERG TO APPROVE THE 2011 OFFICIAL CITY FEE SCHE- DULE AS PRESENTED WITH THE LIQUOR LICENSE SECTION RETURNED TO THE COUNCIL WITH A FURTHER EXPLANATION OF PROPOSED FEES. Hedberg: Asked when the liquor license fee schedule will be returned to Council. Boyles: Responded it would be either the January 18, 2011 or the February 7, 2011 meeting. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Affirming the Mayor's Recommendation for the Appointment of Three At -Large Members to the Economic Development Authority. City Manager Boyles reviewed recent action taken to reconstitute the Economic Development Authority (EDA). Described the application and interview process used to select both Councilmember representatives on the EDA as well as the members -at- large. Explained how initial terms for the members -at -large would be staggered when renewing terms. Mayor Myser stated he was pleased with the quality of candidates. Stated he solicited input from the other Council members and staff who participated in interviews and factors considered for membership were back- ground and experience of individuals, their track record of success, the ability to work together as group and the capacity to put the time in to build economic community. Recommended Michelle Choudek, Terry Hit- chcock and Bob Morris for membership on the EDA. Comments: Hedberg: Concurred that the City received an excellent slate of candidates and believed all four finalists would do well serving on the EDA. Supported the proposed slate and indicated he would have also supported Bryce Huemoeller. Soukup: Indicated she had an opportunity to meet with the finalists and will support the recommendation. Erickson: Will support. Keeney: Concurred with the high quality of candidates. Thanked candidates for their interest. Will support. MOTION BY HEDBERG, SECONDED BY KEENEY TO APPROVE RESOLUTION 11 -013 APPOINTING THREE MEMBERS TO THE ECONOMIC DEVELOPMENT AUTHORITY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of Recommendations of the Bylaws and Compensation Subcommittee to Amend City Council and Advisory Committee Bylaws. Councilmember Keeney reviewed the agenda report with the rest of the Council stating the Bylaws and Compensation Committee met to consider revisions including the role of the liaison, appropriate topics of dis- cussion at the Public Forum and numerous minor housekeeping issues. City Manager Boyles stated that advisory committees would also review their bylaws to consider revisions, but the language proposed at this meeting for liaisons is intended to be for all committees. Keeney added that the recommended role of liaison would be different in a work session vs. at meeting where action is taken. Believes liaison should be able to guide committee in a work session as to the direction that the Council wishes them to take. 8 DRAFT 0103 11 City Council meeting minutes Councilmember Keeney stated the Bylaws and Compensation Committee is also recommending that section 505.7 be clarified to deal with abstention from votes. City Attorney Pace commented that if a member ab- stains for other than a qualifying conflict of interest, the abstention should be counted as a yes vote. Stated that the Council has fiduciary duty to advise if they believe they have a conflict of interest; and the City Attor- ney determines if the facts presented constitute a conflict of interest. Added that the Council could waive a member's conflict of interest if it were deemed to be necessary. Comments: Erickson: Concurred with recommended revisions except for the role of the liaison. Stated his understanding of the role was to be the communication between council and committee and is unsure what is desired to be changed. Keeney: Reiterated the language on the agenda report, and suggested the word "formal" be added to the sentence, "the role of the liaison shall not participate in formal discussion or deliberation of any matter pending before the committee /commission." Erickson: Believes it should not be the role of liaison to be an active participant. Does not support the addi- tion of the word "formal." Keeney: Believes it allows a provision for the committee to specifically ask for input from the liaison. Soukup: Agreed the liaison should be a conduit between council and committee. Agreed with the addition. Hedberg: Thanked the City Attorney and committee for working on the revisions. Favors the alteration of- fered by Keeney at this meeting. Related that the Planning Commission frequently had work sessions this past year and often asked for liaison participation about the Council's position. Felt as though he was filling role of conduit. Myser: Questioned the intent of the language about having a quorum and calling a meeting. Pace: Replied that the objective was that if three council members who have made it known they are not going to be at a meeting should not be in a position to vote on whether or not the meeting is postponed or can- celled. Suggested revised language. Myser: Commented that the proposed language for section 207.7 may not accomplish the intended goal. Pace: Stated it had been observed that candidates used the public forum to advance their political agenda. Noted the newspaper does not print letters from candidates just prior to the election. This would provide a lev- el playing field for candidates. Commented that the proposed change deals with a policy question and that ul- timately the Council must provide direction on the recommendation. Myser: Asked about section 207.8. Pace: Responded that the intent is to have the Mayor be able to rule a person out of order if they are not con- ducting themselves with decorum. Hedberg: Commented that his expectation of appropriate decorum is defined as addressing the Council ra- ther than any individual member of the Council. Myser: Responded that someone might have an appropriate reason to address an individual Council mem- ber. Keeney: Believes the comments should be more on an issue and decorum might be difficult to define but ref- erence to decorum should remain to indicate there is a difference between commenting on a particular issue vs. commenting on an individual Councilmember's vote. Pace: Commented that the presiding officer will have to determine whether particular comments breach ex- pected standards of decorum and for how long to allow comments to continue. Keeney: Favors public input to the process as long as decorum remains and discussion is limited to debating the topic rather than targeting a specific Councilmember. Myser: Generally supports the idea of expanding the topics of the public forum. Regarding section 808, be- lieves proclamations should be left to the Mayor's discretion about when a proclamation is made. Pace: Reviewed the proposed language for section 808. 9 DRAFT 0103 11 City Council meeting minutes Hedberg: Believes a proclamation is a ceremonial duty speaking for the Council. Likes the language, "show the City Council's support for a cause, person or organization." The Mayor represents the position of the Council to that particular organization. Myser: Concurred. Keeney: Believes the purpose of a proclamation is to reflect a formal act of the Council. Erickson: Believes the comments about minutes would indicate it would have to permanently be on the City's Website. Stated that digital format is not a permanent format for minutes. Pace: The requirement is to maintain the data. The next provision refers to the City's retention schedule so the record is maintained permanently. Keeney: Questioned whether the retention schedule addresses the minutes specifically. Would want some form of record that is permanent. Currently they are maintained on Laserfiche. Erickson: Stated that Laserfiche is not a permanent record. Hedberg: There is an obligation to keep the minutes as a permanent record. If the City becomes aware that the format of the minutes is no longer supportable, it then becomes obligated to convert it to a more stable format. Erickson: Concurred. Believes the bylaws should not state that the record is in digital format. Hedberg: Agreed. Keeney: Suggested a separate paragraph could indicate the minutes are available on the City's Website. Pace: Will develop further revisions based on tonight's discussion. MOTION BY KEENEY, SECONDED BY HEDBERG TO APPROVE THE RECOMMENDATIONS OF THE BY- LAWS AND COMPENSATION COMMITTEE FOR REVISIONS TO THE CITY COUNCIL BYLAWS AND PLANNING COMMSSION BYLAWS AS PRESENTED, WITH FURTHER CORRECTIONS AS DISCUSSED TO BE BROUGHT BACK TO THE CITY COUNCIL ON THE JANUARY 18, 2011 CONSENT AGENDA. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Soukup: Congratulated Hedberg on the birth of his granddaughter. Erickson: Congratulated Soukup on her successful election and first meeting. Keeney: Welcomed Soukup to the City Council. Wished all a happy 2011. Myser: Wished all a Happy New Year. Offered congratulations to Soukup. Read the names of the Teacher of the Year nominees for ISD 719. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Keeney and seconded by Erickson. With all in favor, the meeting adjourned at 9 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. DRAFT 0103 11 City Council meeting minutes 10