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City Council - 01/08/2002 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 8, 2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Acting Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, Parks and Natural Resources Manager Stuart Fox, City Attorney Ric Rosow, and Council Recorder Jan Nelson Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPOINTMENT OF MAYOR TO FILL UNEXPIRED TERM THROUGH DECEMBER 31, 2002 Acting Mayor Tyra-Lukens said the Council finds itself in the unusual position of needing to replace the Mayor because the death of Jean Harris on December 14, 2001 resulted in an unexpired Mayoral term through December 31, 2002. City Attorney Rosow said the statute requires that the Council fill a vacancy in any office. Because there is less than two years remaining in the term, the Council has the option to fill the entire remaining term by appointment or to call for a special election to fill the remaining term. If a special election is held, the Council must appoint a mayor for the interim period. Rosow said if the Council chooses to appoint a member of the Council to the Mayor’s position, that person cannot vote for the Mayor’s position. It would take two of the three votes remaining to approve the appointment. In response to Tyra-Lukens’ question whether Councilmembers preferred to appoint or hold a special election, Butcher said she didn’t think it made a lot of sense to have a special election since there is less than a year remaining on the term. Butcher nominated Nancy Tyra-Lukens as Mayor to fill the unexpired term. Mosman seconded the nomination. Butcher noted that Tyra-Lukens has done a tremendous job as Acting Mayor. Case said he very much supports the nomination. MOTION: Butcher moved, seconded by Mosman, to appoint Nancy Tyra-Lukens as Mayor to fill the unexpired term. Motion carried 3-0, with Tyra-Lukens abstaining. Rosow administered the Oath of Office to Mayor Tyra-Lykens. CITY COUNCIL MINUTES January 8, 2002 Page 2 Tyra-Lukens said she appreciated the Councilmembers’ support and was very eager to get working. She noted that Mayor Harris left a very strong foundation on which to build. She said it is always a pleasure to work with the great Council and staff as well as the members of the Eden Prairie community. IV. COUNCIL FORUM INVITATION Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30 to 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors, please notify the City Manager’s office (at 952-949- 8412) by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m., is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. Tyra Lukens noted that next Tuesday, January 15, at 5:00 PM there will be an open house for members of the community interested in serving on Boards and Commissions. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under Item XIV A. MOTION: Mosman moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES A. CITY COUNCIL MEETING HELD THURSDAY, DECEMBER 20, 2001 MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Thursday, December 20, 2001, as published. Motion carried 4-0. VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION 2002-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. ADOPT RESOLUTION 2002-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION 2002-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS CITY COUNCIL MINUTES January 8, 2002 Page 3 E. ADOPT RESOLUTION 2002-04 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION 2002-05 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION 2002-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION 2002-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY I. ADOPT RESOLUTION 2002-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2002 J. ADOPT RESOLUTION 2002-09 DESIGNATING THE OFFICIAL CITY NEWSPAPER MOTION: Mosman moved, seconded by Butcher, to approve Items A-J on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS / MEETINGS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. APPOINTMENT OF COUNCILMEMBER Rosow said the Council can choose to fill the remainder of Tyra-Lukens’ term by appointment or can choose to hold a special election. If there were more than two years remaining in the term it would have to be filled by a special election, but because there is less than a year remaining, the Council can fill by appointment. If the Council cannot decide and there is a tie vote, the Mayor appoints the person to the Council position. Rosow said in previous situations the Council followed a procedure that stated how a tie vote would be handled. He distributed a copy of a resolution describing the procedure used in a previous situation. He explained the process by which the Mayor and Councilmembers would nominate persons for the office. Voting would be limited to five rounds of voting after which, if no nominee received a majority, it would be determined a tie vote and the Mayor would then appoint whom she chose. CITY COUNCIL MINUTES January 8, 2002 Page 4 He said changes can be made to the process, but he recommended a process be established to deal with a tie vote. Butcher said in the situation where Ross Thorfinsson was appointed, there was another process used by the Council. Rosow replied that he didn’t recall if Roger Pauly asked the Council to adopt a process to fill the vacant seat in that situation. Butcher asked if Rosow was recommending that we choose a process first. Rosow replied that the Council should discuss whether to fill the position for the whole term or only until there is a special election. He said the Council can postpone this until next week to review the procedure. Mosman thought it would be cumbersome to set a special election because of the amount of time left on the term, so it would seem more efficient to fill the position for the remaining time. Case noted that the required 49 days out from adopting a resolution to hold an election would result in a period of six to eight months for the person to serve. He would prefer to appoint now and get the business of government running. Butcher said she agreed with Councilmember Case and noted she had a conversation with individuals at the League of Minnesota Cities about what other cities do in this situation. She told the individuals about the appointment of Thorfinsson in 1994. Their legal counsel said there is no set way to handle this, but it is not unusual to select the next highest vote-getter from the last election. She thought that is the most democratic process the Council can take and lets the voters have a say in who serves without the cost of a special election. She said there was an election only one year ago in which the third choice of the voters was Randy Foote. She thought we should honor this democratic process and appoint Mr. Foote since there is precedent for this approach. Tyra-Lukens said she would also like to avoid the election process, particularly since the timing would put it out to the time when we are getting a new City Manager. Tyra-Lukens asked by what process we want to appoint. Case responded he believes we need a process, but he had never seen this resolution before tonight. It appears to deal with the tie vote issue and sets forth a structure. He liked the idea of generating a list of nominees, but he was not sure how it would be generated. In 1990 when Marty Jessen was appointed, a rather lengthy list of nominees was generated. He thought it adds a structure to what we would do, and we could talk through a timetable to get this moving. MOTION: Case moved, seconded by Mosman, to adopt Resolution 2002-10 setting forth a process for filling the vacant Councilmember position. CITY COUNCIL MINUTES January 8, 2002 Page 5 Butcher said she was uncomfortable with that and thought it flies in the face of the democratic process. She asked why there would be a need for a process since we have already heard from the citizens of Eden Prairie. Mosman said there have been two different precedents over the past decade. Tyra-Lukens noted the process in the resolution would not preclude the third choice of the voters from being considered for the position, however it would lengthen the appointment process. Butcher thought a lot of voices in the community cast those votes in the last election and that is the process by which our government operates. Case said he was comfortable with the process in the resolution and called the question. VOTE ON THE MOTION: Motion carried 3-1, with Butcher opposed. Tyra-Lukens said we need to actively solicit nominations and we will follow the process once we see who is willing to serve. Case thought there will be a response from this meeting tonight. Interested parties should contact the Councilmembers, or City Staff who will make the names available to us. That will allow us to come back and discuss the names in a public forum. He thought we need to discuss a timeline. Tyra-Lukens said the next meeting is probably not sufficient time. Case said we have a special meeting scheduled on January 28. He asked if that could be about other issues and whether we have to publish what that meeting is about. Rosow responded the appointment could be listed as the second item on the agenda of the special meeting. Butcher asked what criteria would we use to eliminate people if this is a process that people can call us about. She said she is very uncomfortable with this and thinks this is self-appointment to a government position. She felt it means that she figures out by her criteria the nominees she would bring forward, and she was uncomfortable with that. Tyra-Lukens said this is not different from the Boards and Commissions process. Butcher thought Board and Commission members do not have the same level of responsibility in those positions. Case thought it is no different than appointing the Mayor as we just did, and he would trust this body to bring forth a qualified candidate from the people of Eden CITY COUNCIL MINUTES January 8, 2002 Page 6 Prairie. He thought we should look for someone with a short-learning curve, with some name recognition, with some prior service to the City, and one who knows Eden Prairie and the current issues. He thought we could come back on the 28th and still seat the person at the first meeting in February, which gives them nine months of service before the election. Mosman thought experience would be important and elected experience if that is possible. It should be someone who could work with the four of us as a team member, who has a positive approach to government and who is supportive of those they work with. Butcher also thought experience would be necessary. Tyra-Lukens thought a short learning curve would be required along with experience with Boards or Commissions, a respectful attitude and someone who has the time to serve. Tyra-Lukens asked if we should set a date to contact us. Mosman thought we should get the names in before the next meeting. Rosow said the process set forth covers his concerns about a tie vote, and the only decision would be whether to hold the process at a regular meeting or as a special meeting. Mosman asked if it was possible for the special meeting to have just those two items. Rosow said the Mayor could call a special meeting and that would be noticed to the public. IX. PAYMENT OF CLAIMS This item was inadvertently passed over and was addressed after item XII.A. was discussed. MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman and Tyra- Lukens voting “aye.” XIII. APPOINTMENTS (continued) B. ADOPT RESOLUTION 2002-11 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2002 AND APPOINTING ACTING MAYOR City Manager Jullie said this resolution requires approval on an annual basis. The regular City Council meetings are held on the first and third Tuesday of each month. A couple of situations will arise this year that will require some adjustment. The first Tuesday in November is election day, and the meeting would have to start at 8:00 PM rather than 7:00 PM. The first Tuesday in March is precinct caucuses, CITY COUNCIL MINUTES January 8, 2002 Page 7 and there can be no public meetings held after 6:00 PM. The first meeting in March might be rescheduled to Thursday, March 7. Tyra-Lukens said the first week of April is Eden Prairie Schools’ spring break, which causes a conflict for several Councilmembers. We could reschedule that meeting to the following Tuesday. Also, there had been some discussion as to whether we should meet on election night. Case said he would prefer we met on the second Tuesday of November rather than meeting at a later time on the first Tuesday. Tyra-Lukens suggested the schedule be changed to include regular meetings on Thursday, March 7, the second Tuesday in April and the second Tuesday in November, and to add Monday, January 28 as a special Meeting for the discussion of the airport and the appointment of a City Councilmember. Tyra-Lukens suggested that Councilmember Case be appointed as Acting Mayor in view of his seniority on the Council. The other Councilmembers concurred. MOTION: Mosman moved, seconded by Case to adopt Resolution 2002-11 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2002 and appointing Ron Case the Acting Mayor. Motion carried 4-0. Regarding the remainder of the appointments, Tyra-Lukens noted the Mayor is automatically appointed to some of the positions. For the other positions, she suggested Councilmembers continue their current appointments until we have an opportunity to discuss work schedules when the new Councilmember is on board. C. ADOPT RESOLUTION 2002-12 APPOINTING THE DIRECTOR AND THE ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2002 MOTION: Mosman moved, seconded by Butcher, to adopt Resolution 2002-12 designating Ron Case the Director and Nancy Tyra-Lukens the Alternate Director to the Suburban Rate Authority for 2002. Motion carried 4-0. D. APPOINTMENT OF MAYOR AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES MOTION: Case moved, seconded by Mosman to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 4-0. E. APPOINTMENT OF MAYOR AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Mosman, to approve appointment of the CITY COUNCIL MINUTES January 8, 2002 Page 8 Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 4-0. F. APPOINTMENT OF MAYOR TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Mosman moved, seconded by Case, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 4-0. G. APPOINTMENT OF COUNCILMEMBER TO THE SOUTHWEST CORRIDOR COMMISSION MOTION: Case moved, seconded by Butcher, to approve appointment of Councilmember Mosman to the Southwest Corridor Coalition. Motion carried 4-0. H. APPOINTMENT OF COUNCILMEMBER TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Case moved, seconded by Mosman, to approve appointment of Councilmember Butcher to the Community Resource Center Advisory Council. Motion carried 4-0. I. APPOINTMENT OF COUNCILMEMBER TO THE SOUTHWEST CABLE TV COMMISSION MOTION: Butcher moved, seconded by Mosman to approve appointment of Councilmember Case to the Southwest Cable TV Commission. Motion carried 4- 0. J. APPOINTMENT OF COUNCILMEMBER TO THE EDEN PRAIRIE FOUNDATION MOTION: Butcher moved, seconded by Case, to approve appointment of Mayor Tyra-Lukens to the Eden Prairie Foundation. Motion carried 4-0. K. APPOINTMENT OF COUNCILMEMBER TO THE I-494 CORRIDOR COMMISSION MOTION: Case moved, seconded by Mosman, to approve appointment of Councilmember Mosman to the I-494 Corridor Commission. Motion carried 4-0. L. APPOINTMENT OF COUNCILMEMBER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE MOTION: Case moved, seconded by Butcher, to approve appointment of Councilmember Butcher to the Hennepin South Services Collaborative. Motion carried 4-0. CITY COUNCIL MINUTES January 8, 2002 Page 9 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Noise Level from Trucks Braking on Hwy 169 in the Preserve Area – Councilmember Case Councilmember Case said the people in the Preserve area near Hwy 169 have felt a change in the quality of life because of the construction of the highway. He recently traveled to the East Coast on the Tristate Tollway in Indiana and noted they have signs prohibiting engine braking in quiet zones. He asked if this prohibition is legislation and, if so, then we should go somewhere with it. Dietz said there are provisions for putting up those signs in Minnesota. He said last summer there was some initiative by one of the legislators in Bloomington to get those signs installed on Hwy 169. He will try to get the status of that initiative. Dietz noted that installing such signs would require enforcement, but that possibly could be shared by Bloomington and Eden Prairie. 2. Bare Roads Policy for Some Collector Roads – Councilmember Case Councilmember Case asked if, at some point when we can store more salt with our new storage facility by BFI, we would want to look at moving to a bare roads policy for collector roads. Dietz said the Council could adopt such a policy, but it is difficult to do bare roads. Today we use a mix of sand and salt applied at intersections, on higher traffic facilities and on hills, but in residential areas we do not apply even that mixture. He said cost is a factor because salt is $50 a ton. He said we have belly blades on five trucks, and we scrape the streets with those when we get warmer temperatures. We do have the possibility of a salt storage facility as part of our capital budget, but we are in the middle of a budget cycle now. Case suggested that we watch the weather patterns in the next few years. He thought it was an education factor--at what point are people willing to trade tax dollars for benefits. Tyra Lukens asked if there are alternatives to salt and sand. Dietz replied there are different types of compounds. Some are additives to salt. He said that MNDoT and the County have bare pavement policies but that requires salt on all the surface and depends on temperatures and the traffic volumes. CITY COUNCIL MINUTES January 8, 2002 Page 10 B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:05 PM.