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HomeMy WebLinkAboutDraft 02/22/11 Minutes4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES February 22, 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 Soukup, City Manager Boyles, City Attorney Pace, Public Works Director Albrecht, Parks and Fleet Supervisor Friedges, Finance Director Erickson, Fire Chief Hartman, Police Chief O'Rourke, Community Development and Natural Resources Director Parr, Assistant City Manager Meyer and Admin- istrative Assistant Green. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pri- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: Ted Maro, 16200 Visionary Heights Circle NW, requested consideration of a change to landscaping ordi- nance, specifically for back yards. He related their experience of several inches of silt /soil eroding from the neighbor's property into their back yard causing loss of plants and sod, which the builder replaced but ero- sion from neighboring yards continues. Code Enforcement Officer Corrow came out to house in August 2010 to look at the affected area. Stated that, currently, no timeline conditions exist in the ordinance for completing back yards. Referred to covenants in the neighborhood and stated that the builder has indicat- ed they are not willing to enforce the covenants. Kansier: Stated that staff has visited the site and is aware of Maro's problem. Staff is in the process of re- viewing the portion of ordinance that currently does not require completion of backyards; and is working with adjacent properties to assure that soil erosion controls are in place. Myser: Clarified that staff is already considering whether more permanent processes should be put in place. Kansier: Affirmed. Hope to have solutions to bring before the Council in April. Keeney: Queried whether builders have erosion control processes to follow now. Kansier: Affirmed, adding that in this instance seeding has not been established. Keeney: Reiterated that there are some enforcement options that the City has. Erickson: Suggested that staff be given direction to amend the ordinance to require seeding of the back- yard within 90 days of the growing season. Myser: Stated the topic could be added to the agenda. Maro: Added that every time it rains a brown stream comes through the back yard, which he believes re- flects that silt fences are not stopping all of the erosion. Stated there is silt build up behind the fences of one - and -a -half feet deep. Does not think the fences functions as well as finishing the backyard would. Myser: Suggested they email their list of issues to Kansier. Phone 952. 447.9800 / Fax 9514 i wNkvN.cityorpriorlake.com APPROVAL OF AGENDA Councilmember Erickson requested the addition of two items to New Business: election process and back yard ordinance. MOTION BY ERICKSON, SECOND BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE THE MINUTES OF THE FEBRUARY 7, 2011 MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. 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 January Treasurer's Report. C. Consider Approval of Building Permit Summary Report. D. Consider Approval of Animal Control Services Report, E. Consider Approval of Fire Department Report. F. Consider Approval of the Preliminary 4th Quarter Financial Report. G. Consider Approval of Resolution 11 -022 Approving and Authorizing the Mayor and City Manager to Execute a New Master Joint Powers Agreement (JPA) Between the Minnesota Bureau of Criminal Apprehension and the City to Use Systems and Tools Available over the State's Criminal Justice Data Communications Net- work. H. Consider Approval of Resolution 11 -023 Authorizing the Mayor and City Manager to Enter into a Joint Pow- ers Agreement with the MN Department of Public Safety for the Distribution of a Breath Testing Instrument. I. Consider Approval of Resolution 11 -024 Approving the 2011 Joint Powers Agreement for Street Mainte- nance. J. Consider Approval of Resolution 11 -025 Authorizing the Mayor and City Manager to Execute an Agreement with the Metropolitan Council for Release of RTC Funds for Southbridge Crossings Transit Station. K, Consider Approval of Two Temporary On -Sale Liquor Licenses for the Church of St. Michael. L. Consider Approval of Resolution 11 -026 Authorizing Preparation of Plans and Specifications for 2011 Sani- tary Sewer System Improvements. Councilmember Soukup requested that 5D be removed from the Consent Agenda. Councilmember Hedberg requested that 513 and 5F be removed from the Consent Agenda. Mayor Myser requested that 5J be removed from the Consent Agenda, MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Soukup: Regarding 5D, asked for information about pet licenses or who to call if an animal is missing, Boyles: Replied that pet licenses can be picked up at city hall with proof of rabies vaccination and pay- ment of the licensing fee. Collar tags are provided with the license and a database is maintained on li- censed animals. Noted that the City's website has a "lost and found" page where information about a lost pet can be posted. Stated that 4 Paws provides the City's animal control services. DRAFT 02 07 11 City Council meeting minutes Hedberg: Regarding 5B and 5F, stated that the general fund balance at the end of December 2010 was greater than $7 million, which is well above the reserve targeted amount. Asked the Finance Director to provide information about revenue and expenditure variances. J. Erickson: Provided information regarding sources of revenue overages and expenditure savings. Stated that staff anticipates modifying the 2011 budget. Provided detail of actual v. projections for other fund balances. Hedberg: Commented that the Council intends to be conservative in budgeting including the projection of revenues. There is currently about $1.5 million more than desired in the general fund reserves and it will be addressed during budget meetings and planning for the 2012 budget. Myser: Referred to amounts added to the general reserve in the past three years stating that it seems in- dicative of a need for change in the budget process. Believes consideration should be given to rebating some of the funds back to the residents. J. Erickson: Stated she is not aware of any cities utilizing a mechanism for rebates and would have to re- search whether or not it is a possibility, Commented that the budget process includes identifying a prelimi- nary tax levy in September and approval of a final tax levy in December; and key information is not yet available at the time. Noted that some 2010 unanticipated revenues may have been a result of incentives for building permits in the beginning of the year; and that is not available in 2011 so building permit revenue may not be the same. Believes it may be a good option to consider routine budget amendments through- out the year to address expenditures. Myser: Believes too much money is being collected from residents. Erickson: Commented that some savings may have resulted from the lease of land from the Shakopee Mdewakanton Sioux Community for the Eagle Creek Transit Station thus saving the money the City would have had to spend for the land. J. Erickson: Replied that the savings reflected is from the construction of the station. Keeney: Commented his belief that it is not a good process to short- circuit the long -range planning just because the City has funding; and he does not favor impromptu, one -time purchases. Believes amend- ments should consider factors such as reducing taxes although perhaps not in the form of a rebate. Soukup: Echoed Keeney's comments regarding a rebate to citizens. Stated the City has recently acquired a computer programming tool that will allow job costing and will let us know what we are spending on par- ticular projects or elements of a project which will be helpful in the budget process. Myser: Regarding 5J, asked for an explanation of problems at the transit station. Kansier: Replied that permeable pavers were used in construction of the parking lot to help manage stormwater and to be environmentally friendly. The pavers worked in some areas. But in areas where buses enter the lot, the pavers are sinking. Those areas have been replaced with concrete. MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE: B. CONSIDER APPROVAL OF JANUARY TREASURERS REPORT, D. CONSIDER APPROVAL OF ANIMAL CONTROL SERVICES REPORT. F, CONSIDER APPROVAL OF THE PRELIMINARY 4TH QUARTER FINANCIAL REPORT, J. CONSIDER APPROVAL OF RESOLUTION 11 -025 AUTHORIZING THE MAYOR AND CITY MAN- AGER TO EXECUTE AN AGREEMENT WITH THE METROPOLITAN COUNCIL FOR RELEASE OF RTC FUNDS FOR SOUTHBRIDGE CROSSINGS TRANSIT STATION. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Prior Lake Business and Business Person of the Year for 2010. DRAFT 02 07 11 City Council meeting minutes City Manager Boyles informed the Council that the Prior Lake Chamber of Commerce proudly recognizes a business and businessperson of the year each year. Introduced Chamber President Gary Meyer. Meyer introduced Lance Barker, Businessperson of the Year and Ed Speiker, VFW, Business of the Year and spoke of their contributions to the community. Mayor Myser offered congratulations and appreciation for those contributions. Scott County Relay for Life CPS3 (Cancer Prevention Study -3). City Manager Boyles introduced Ryan Love who represents the Scott County Relay for Life CPS3, which is the 31d in a series of Cancer Prevention Studies. Love described the protocols, goals and objectives for the Cancer Prevention Study program and how the information from the Study may provide valuable infor- mation about cancer in various demographic groups. CPS3 is targeted at studying individuals who are be- tween 35 and 65 years of age. Stated that Scott County was chosen as a site for the program because of its large number of volunteers. Stated that 500,000 volunteers are being sought nation -wide for the study. Comments: Myser: Thanked Love for getting involved and asked why Scott County was chosen to be the primary met- ro site. Love: Replied that Scott County is very involved with the American Cancer Society, especially in the Relay for Life. It is one of the top three counties in Minnesota for fund raising. Keeney: Commented that it seems the program is designed to study the lifestyles of 500,000 people. Stated it is important to sign up to participate in the study while you are still healthy, and if one happens to get cancer, then that information can help others, Encouraged people to volunteer. Love: Replied that once you are a participant, annual reports will be provided to you on what is going on with the study. Erickson: Queried about the age requirements for the study. Love: Replied that because of the 20 -year commitment, the American Cancer Society is seeking partici- pants between 35 to 65 years of age. They are seeking to have at least 25% of the participants as an eth- nic minority. Hedberg: Stated he is learning that Scott County and Prior Lake residents are volunteers. Endorsed the CPS3 and encouraged people to sign up. Soukup: Asked if there is another place for people to sign up if they are out of town during the Relay for Life event on July 8. Love: Replied that people could attend another sign -up event in a different county (Beltrami, Douglas, Blue Earth), and that Scott County is the site for the entire metro area. Soukup: Asked if there is a Facebook link. Love: Replied that the Scott County Relay for Life would have the link to Facebook. PUBLIC HEARING Public Hearing to Consider Issuance of an On -sale and a Sunday Liquor License for Sassy's, Inc. dba Memories on Main. City Manager Boyles stated that Sassy's Inc, dba Memories on Main has applied for an on -sale liquor li- cense and Sunday liquor license for the remainder of the City's licensure period of March 1 through June 30, 2011, They have paid the fee and the investigation of the applicant has taken place. The next step in the process is a public hearing. Keeney: Asked about what an investigation entails and whether this is the same business under new ownership or a new business. 4 DRAFT 02 07 11 City Council meeting minutes O'Rourke: Replied the investigation searches for past violations. Noted that there were no violations un- der Yeo's ownership and when Ms. Armit was previously operating a business at this location, there was only one violation. MOTION BY ERICKSON, SECOND BY HEDBERG TO OPEN THE PUBLIC HEARING, VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hear- ing opened at 7:26 p.m. Comments: James Buetler, 16211 Main Avenue, stated the building has been given a cosmetic makeover with paint, new carpeting and exterior improvements; and the menu has been changed to try to cater to all ages. Keeney: Asked if the plan is to change the business significantly from what it was. Mueller: Replied it will be a little different with a broader menu, but that broasted chicken would still be on the menu. Soukup: Asked if it will be more of a family establishment than it has been in the past. Mueller: Affirmed, stating they will open at 4 p.m. for dinner. MOTION BY HEDBERG, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING, VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried and the public hear- ing closed at 7:30 p.m. Comments: Hedberg: Commented that this location has been an institution in Prior Lake for many years and the City needs a successful operation in this location. Delighted that the menu and decor is being broadened to at- tract a family atmosphere. Erickson: Will support the license. Looking forward to this being a fresh start for the location. Keeney: Stated this is an appropriate location for a business that serves until 2 a.m. Will support. Myser: Will support. Wished them well. Asked if there is a grand opening planned. Armit: March 10. MOTION BY HEDBERG, SECOND BY ERICKSON TO APROVE THE ON -SALE LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE REQUESTS FOR SASSY'S INC DBA MEMORIES ON MAIN FOR MARCH 1, 2011 TO JUNE 30, 2011. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OLD BUSINESS Consider Approval of a Resolution Authorizing the Purchase of Two Additional 2011 Crown Victoria Police Interceptors Police Chief O'Rourke recalled the circumstances leading up to the suggestion of purchasing two addi- tional vehicles in 2011 and storing them until needed in 2012 in order to extend the use of appurtenant equipment owned by the City. Reviewed the benefits and disadvantages to purchasing the two additional vehicles at this time. Comments: Erickson: Believes purchasing the additional two vehicles now will save money in the long run, will allow time to evaluate new models and determine which appurtenant equipment will be needed, and might allow the City to attain additional mileage out of existing models knowing there is a replacement on hand. DRAFT 02 07 11 City Council meeting minutes Keeney: Stated he is undecided as it would be nice to have a vehicle on hand; but he also feels enthusi- asm for the technology and capabilities of the newer models. Hedberg: Stated this would allow the City to get more life out of appurtenant equipment that is installed in- to cars, lock into the lower pricing, allow opportunities to experiment with longer duty cycles, and buying just one of the new models provides an opportunity to learn what we are getting into, Asked O'Rourke's opinion of retaining vehicles for more mileage knowing there will be cars in reserve. O'Rourke: Commented that a new car cannot be brought into service in as little as two weeks as schedul- ing and implementing the equipment installation takes some time. Believes the advantage of having vehi- cles in stock would be less for extending mileage, but rather in case something happens to take a car out of service such as an accident. In such a case, the City would have a vehicle to put in its place. Described the usage and rotation of the vehicles and how they are moved to less active duty to extend mileage, such as the SMSC liaison officer or Safe and Sober shifts. Hedberg: Asked what the feasibility for achieving additional mileage is from a maintenance perspective. Friedges: Replied that the City has not used the cars to such high mileage so there is no data to support it. Noted that larger cities run more miles and have cars on the shelf. Hedberg: Asked how many miles are anticipated for each police interceptor vehicle. Friedges: Replied that Prior Lake goes to about 80,000 miles; some cities go to 120,000 miles. Hedberg: Will support the purchase of two additional vehicles with the provision of exploring the feasibility of getting more mileage out of the vehicles. Soukup: Ask what equipment is added after purchase. Friedges: Replied that appurtenant equipment such as lightbars, cages, electronics, etc. are added and when a new vehicle comes in, the equipment from a vehicle that is being taken out of service is removed and installed in the new vehicle. The existing equipment will not fit beyond the 2011 models and new equipment will need to be purchased. Soukup: Asked if the two additional vehicles would be stored in the underground parking in police station or at the maintenance facility. O'Rourke: Replied that there are 20 parking spots inside the police stations and described the vehicles being housed there. Myser: Clarified that the price for 2012 vehicles might be $8,000 more per vehicle. O'Rourke: Affirmed that the vendor indicated pricing would be closer to $30,000 each. Myser: Asked what would be included for that price. O'Rourke: Replied that an all -wheel drive vehicle is being introduced. Noted that the past week's snow event highlighted that the City's existing rear -wheel drive vehicles do not do well in that much snow. Myser: Will support the purchase concurring with directing staff to try to get more mileage from vehicles. MOTION BY HEDBERG, SECOND BY ERICKSON TO ADOPT RESOLUTION 11 -027 AUTHORIZING THE PURCHASE OF TWO (2) ADDITIONAL 2011 FORD CROWN VICTORIA POLICE INTERCEPTORS WITH AN ADDITIONAL CONDITION THAT STAFF SHOULD EXPLORE GAINING ADDITIONAL MILE- AGE FROM SQUAD VEHICLES AND BRING A REPORT BACK TO COUNCIL ON RESULTS OF THAT RESEARCH IN FEBRUARY 2012. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. NEW BUSINESS Consider Approval of a Report on Future Parks Utilization Study. Public Works Director Albrecht stated that the current park maintenance matrix assumes that replace- ments will be made in order to continue using each park as it is today. Staff wants to determine what future uses of parks might be when considering such things as new neighborhoods, school and county facilities, future recreational activities, etc. Sought direction from Council on what it envisions. DRAFT 02 07 11 City Council meeting minutes Comments: Hedberg: Commented that there may be different definitions on what is meant by a sustainable plan. Be- lieves such a plan means costs have been identified for developing and replacing; and as demographic needs change over time, there is a process and design model to repurpose parks to better meet the needs of the community. Soukup: Stated she is the current liaison to the Parks Advisory Committee and that she perceives sus- tainable as utilization. Commented that parks in Prior Lake are community parks with fields, community parks with lake access, neighborhood parks with equipment, or natural areas. Watzl's and Sand Point in- corporate most of those elements and both parks would be good locations for conducting utilization studies which might provide direction for what to do in neighborhood parks, Erickson: Thanked staff for its work in the City's park systems. Favors conducting utilization study to learn how to maximize the benefits, how the City parks interact, whether amenities should be exchanged and how the trail system should tie the parks together. Some park areas are not being utilized to the extent that they could. Keeney: Commented it would be good to know the actual utilization of play sets. Agreed there are dupli- cative functions within a single geographic area and it should be determined how far apart they should be. Suggested the City should also learn the lifelong fitness needs of adults suggesting that such current facili- ties might need to be promoted. Believes that, generally, if parks are safe and well maintained, kids will enjoy going there, Myyer: Believes a sustainable parks plan has to incorporate utilization and learning that would impact what is done with the parks and the costs associated with it. Believes it might be good to get public input in or- der to determine what service levels are desired. Would like to see the work that has been done so far in park needs analysis and provide input on what is wanted for parks in the future. Albrecht: Stated that for the first time the maintenance costs are being included with the long term costs. Noted that a pilot utilization study is planned at Sand Point Beach. Seasonal helpers will start observing and recording use indicators such as parking, trash, etc. to determine how much the park is being used. Commented that once it has been established what the spacing of parks should be, that information can be translated into future development and annexation areas to determine what type of facility they should have. Consider Approval of a Resolution Approving the 2011 -2012 AFSCME Contract. Assistant City Manager Meyer stated that objectives to reaching agreement were identified as being eco- nomically reasonable, address health insurance, work towards internal equity in pay plans and maintain consistency between labor agreements and the personnel policy. Stated the AFSCME proposed agree- ment is for one year, has a zero increase in steps and 0.75% lump sum payment. Provided information on the City's other organized labor group agreements and non - organized employees. Referred to health in- surance premium increases for both the City and the employees, Stated that it is proposed to hire a con- sultant, Bearence Management Group, to review the insurance plan, costs, and whether it can be funded long term. They will provide an audit of the existing plan, conduct an employee survey and educate an in- ternal health insurance task force on plan changes and costs. Stated that AFSCME voted to ratify the agreement. Comments: Erickson: Will support. Keeney: Asked if there are any additional increases related to step increases. Meyer: Affirmed. Stated that the pay plan has nine steps and generally employees achieve one step per year. Approximately half of the employees are moving through the steps. 7 DRAFT 02 07 11 City Council meeting minutes Keeney: Asked what the total health insurance cost will be. Meyer: About half of the group is on family health insurance and they will receive an additional $65 per month towards the premium. Keeney: Stated he wishes to further the feeling of good will with the unions and wants to promote what they are receiving for increased insurance costs. Meyer: Recapped that people who are on family health insurance will receive $780 annually; the retire- ment health insurance contribution will be $180 annually; and the lump sum payment is approximately $355. From a health insurance standpoint, the employee cost is going up so they are effectively breaking even. Keeney: Concurred, but noted that the City is paying more to have a person working. This is not a zero in- crease, but rather there is increased contribution by the City. Hedberg: Thanked the union representatives and members for their work on the agreement. Agreed that the cost of benefits is increasing rapidly and it is important that each employee understands the cost. Hav- ing them participate in the study for health insurance is important. Soukup: Asked if full -time employees who are receiving tuition reimbursement have a certain grade point average to achieve in order to be reimbursed. Meyer: Replied they must achieve a C average in the course. Soukup: Asked if all union groups will be represented on the health insurance task force. Meyer: Affirmed and added that the facilitator has experience in both private and public sectors; and all un- ion groups are open to discussion of health insurance. Myser: Commented that the City has had a pay plan that allows it to attract, train and motivate employees. Asked what might be included with the health insurance task force conducted by Bearence Management Group; commenting that the City needs to look at salary, insurance, pension, step increases, etc. Meyer: Replied that the Bearence study is specifically focused on benefits and health insurance in particu- lar; with direction provided to them to compare our health insurance to other private and public entities and to look at the percentage of such benefits to the total compensation package. A compensation study was done with 2007 data and implemented in 2008. With both private and public sectors managing the recent economic downturn in various ways, perhaps compensation should be allowed to stabilize before another study is conducted. Myser: Asked about the cost of the study undertaken in 2007. Meyer: $20,000. Myser: Supports conducting such a study again suggesting that perhaps it should be conducted every two years, Meyer: Believes the City has been ahead of the curve when it comes to looking at compensation on a total compensation basis. Noted that such a study is not currently budgeted and if desired as part of this year's analysis of health insurance, would need to be funded. Myser: Asked if it would it be more cost effective to do in pieces. Meyer: Replied she would bring a plan to the Council about the effectiveness of conducting such studies as a whole or in segments. MOTION BY ERICKSON, SECOND BY HEDBERG TO APPROVE RESOLUTION 11 -028 AUTHORIZING EXECUTION OF THE 2011 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND AMERI- CAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 5, LOCAL 3884. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. MOTION BY HEDBERG, SECOND BY KEENEY TO DIRECT STAFF TO PREPARE A PLAN FOR A TO- TAL COMPENSATION STUDY INCLUDING SALARY AND BENEFITS AND BRING BACK TO COUNCIL. DRAFT 02 07 11 City Council meeting minutes Soukup: Asked if this plan would be brought back to the Council before or after the health insurance task force begins its work. Meyer: Replied she could bring a plan to the Council in 15 -30. Myser: Suggested amending the motion to include a 30 day deadline. MOTION BY HEDBERG, SECOND BY KEENEY TO DIRECT STAFF TO PREPARE A PLAN FOR A TO- TAL COMPENSATION STUDY INCLUDING SALARY AND BENEFITS AND BRING BACK TO COUNCIL WITHIN 30 DAYS. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried, Consider Approval of a Report Regarding an Annual Clean Up Day. Public Works Director Albrecht stated that clean up day was discontinued due to losing grant funding. Commented that over the past few years the City's subsidy for the event was increasing while user attend- ance was decreasing. Believes the decrease in attendance is because refuse haulers will now take the kinds of items that used to be managed on clean up day. Staff met with several vendors to learn whether a private recycling event could be scheduled. Described the options that could be offered by private vendors. Stated that if the City decides to change its past practice, residents of the City and townships should be no- tified. Comments: Soukup: Asked where people can take batteries, cell phones, etc. Albrecht: Replied that the City has cell phone and battery recycling. Hedberg: Believes the City should retain some involvement and that publicizing a private vendor event has a community benefit. Dismayed at the fall off in participation, but understands there are other options available. Supports Certified Recycling's month of April recycling program. Keeney: Concurred. Wants to keep promoting clean up. Believes recycling is mostly an educational effort and that not all people know how to get rid of things that need to be cleaned up. Added that the City should continue to educate people that some things are accepted by the Scott County Hazardous Waste site all year around. Albrecht: Responded that the City will likely put a page on the Website that can be a go -to site for all re- cycling information. Keeney: Supports a promotional program for it. Erickson: Commented that another benefit of having a clean up effort is the prevention of dumping. Asked about fees. Albrecht: Replied there is a $10 pick -up fee added to the fee for the item they are picking up. Erickson: Reiterated that the compost site is a partnership with the SMSC. Albrecht: Added that SMSC is looking at composting food stuffs and relocating the site of the composting; and the City may accept the yard waste and branches at the maintenance center, which should be closer and easier for most residents. Erickson: Asked if anything special is planned for Earth Day. Albrecht: Replied the City does not have an Earth Day event, but the clean up and composting options are ongoing events that are publicized regularly, Myser: Concurred that Certified Recycling's program is a low -cost option and having a pick -up service is a great benefit for those who do not have the means to transport their materials. MOTION BY HEDBERG, SECOND BY ERICKSON TO DIRECT STAFF TO WORK WITH CERTIFIED RECYCLING ON A PRIVATELY FUNDED CLEAN -UP DAY. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. DRAFT 02 07 11 City Council meeting minutes Election Process Councilmember Erickson commented on the City's current system of not having a primary, noting that if there were multiple people running for Mayor, someone could win the election for that position with a small percentage of votes. Stated that Minneapolis and St. Paul have instituted a system of runoff elections. Suggested having staff look at whether or not the City should have any alternatives to the election process. Keeney: Commented that there are times when people vote for more than one person for a council seat and is aware that there are problems with the "vote for two" system. Would like to see that addressed as well. Erickson: Responded that the runoff system would probably only work for a "single winner" election. Soukup: Asked if a runoff system would affect the length of time that people wait for results from the elec- tion. Erickson: Replied that in Minneapolis it did not add significant time to waiting for the results. Soukup: Wondered whether polling machines would need to work in a different way. Hedberg: Commented that both Minneapolis and St. Paul are charter cities which allows them to establish their own regulations. Asked if there would be statutory prohibitions to changing the election system. Erickson: Believes it should be researched and suggested having staff look at alternatives of either a pri- mary and/or instant runoff with a report that includes benefits and costs, etc. Myser: Asked how much staff time would be needed to research the topic. Boyles: Unknown. Stated that statute could be checked to see if there is clear authority and if that is not clear, an expert could be sought to provide a presentation. Pace: Commented that the Secretary of State might be knowledgeable in that area. Myser: Believes it is a serious issue and there is an issue of using staff time in that way. Keeney: Noted that, historically, it has not been an issue to have a large number of candidates. Soukup: Stated that it should first be learned whether a primary or runoff system could even apply to the City. Believes it does not need to be addressed immediately. MOTION BY ERICKSON TO DIRECT STAFF TO CONDUCT INITIAL BACKGROUND RESEARCH TO LEARN WHAT WOULD BE REQUIRED TO HAVE A PRIMARY OR AN INSTANT RUNOFF ELECTION SYSTEM IN PRIOR LAKE. The motion failed for lack of a second. Ordinance Regarding Back Yards Councilmember Erickson believes staff should be directed to look into an ordinance for completion of backyard seeding within 90 days of the growing season from the date of the certificate of occupancy. Comments: Hedberg: Believes the Maro's brought up a legitimate issue and he supports staff bringing forward an or- dinance amendment. Does not want to offer specifics about what the amendment should be at this time. Soukup: Related her experience of trying to establish a back yard before her neighbors did. Believes people who are moving into the City and building a new residence are making a big commitment and the City should consider their investment and help them protect their property. Keeney: Agreed people should be protected from runoff. Ordinances may already be in place that prohibit that behavior. Perhaps penalties or enforcement of the ordinance can be elevated. Stated he is not sure we want to put the burden on the new resident or that an ordinance amendment is the way to resolve it. 10 DRAFT 02 07 11 City Council meeting minutes Would not specifically mandate an ordinance amendment; maybe staff can bring forward some other rec- ommendation. Myser: Asked if this is an enforcement issue or if there is a loophole. Kansier: Replied that staff works on enforcement; but when property changes ownership, enforcement changes from a builder to a homeowner and it is more difficult to enforce erosion control measures against the homeowner. Believes there is a loophole in current ordinance and it should be looked at. Myser: Asked what would be an appropriate time frame for staff to bring back a recommendation. Kansier: Responded that 45 days should be adequate and staff wants to have something in place before the building season. Myser: Would support staff completing its analysis to complete the ordinance and fix the loopholes. Soukup: Asked about covenants stating that homeowners have 60 days to complete their yards. Asked if the City can hold the builders to enforcement of covenants. Kansier: Replied that the City does not have legal authority to enforce covenants and the City cannot even be sure that Maro and neighbors have the same covenant. Stated that Maro would have to contact his own attorney regarding covenant enforcement. MOTION BY KEENEY, SECOND BY HEDBERG TO DIRECT STAFF TO ANALYZE THE ORDINANCE REGARDING COMPLETION OF BACK YARDS AND BRING A RECOMMENDATION TO THE COUNCIL IN 45 DAYS. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Myser: Extended a thank you to the public works staff for the snow clearing and removal. EXECUTIVE SESSION The meeting recessed at 9:27 p.m. in order for the Council to meet in Executive Session to discuss the City Manager annual review. The Mayor reconvened the meeting at 11:21 p.m. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and second- ed by Soukup. With all in favor, the meeting adjourned at 11:22 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. DRAFT 02 07 11 City Council meeting minutes