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City Council - 10/03/2000 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 3,2000 5:00-6:55 PM, CITY CENTER COUNCIL CHAMBER CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, IT Manager Lisa Wu, IT Coordinator Mike Huffer, Director of Public Safety Services Jim Clark, Director of Management Services Natalie Swaggert, City Attorney Roger Pauly, and Recorder Lorene McWaters VISITORS: Jan Mosman, Chair of the Heritage Preservation Commission I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:15 p.m. H. APPROVAL OF AGENDA III. TECHNOLOGY Uram said the discussion would focus on provision of technology for Council use on City business, including equipment and software necessary to connect Councilmembers to the City's e-mail system(Groupwise). IT Manager Lisa Wu and IT Coordinator Mike Huffer were present to answer questions. Legal implications related to e-mail were covered, including: ■ Open Meeting Law -- Care must be taken not to violate the open meeting law. City Attorney Roger Pauly explained that"serial communications"can violate the open meeting law. ■ Records Management --Pauly noted that thousands of additional files are generated through e-mail, and that under record retention laws these communications must be maintained in the same manner as paper documents. ■ Public Access vs. Personal Privacy—Staff suggested Councihmembers use Groupwise (City-provided) e-mail addresses only for City business and use a personal e-mail address for all other matters. Huffer indicated that the City's system can be setup up so that the City maintains permanent record of all Groupwise e-mails whether or not users delete them from their personal systems COUNCIL WORKSHOP MINUTES October 3,2000 Page 2 Management Services Director Natalie Swaggert said that there will also be a"general" Council e-mail address and that staff will forward items received at this address to all of the Councilmembers. Uram said staff proposed a$100 per month stipend for each Councilmember for technology support. Approximately$60 month would cover the cost of a desktop computer,Internet service(required for remote access to Groupwise), a printer and Microsoft Office software (which is compatible with the City's software). The additional$40 per month could be used to upgrade to a laptop computer,purchase high-speed internet access, or for a cell phone. Uram noted that this is a stipend for technological support,but since some already have computers, internet access or cell phones,it is up to each Councilmember to decide how to use the money. The basic expectation would be for Councilmembers to be reachable via e- mail. Councilmember Butcher noted that the City currently provides pagers for the Councilmembers and asked how much these cost per month. Enger said the cost is approximately$7 per month. Butcher said she was uncomfortable with the increase from$7 per month to $100 for technology support. Councilmember Case asked whether there would be a benchmark level of connectivity expected if the stipend is approved. Case noted that cell phones,pagers and e-mail can all be used to reach the City Council. Enger noted that not all Councihmembers carry or use their pagers,but a decision on whether not to continue to provide them was up to the Council. Enger suggested coming up with a standard of communication rather than asking staff to contact each of the Councilmembers in a different manner depending on personal preference. This consistency would allow staff to communicate with the Council more effectively and efficiently. Case asked what kinds of e-mail messages staff can send to Councilmembers without violating open meeting laws. Pauly noted that if one Councilmember expresses a view on an issue to a quorum of Councihnembers, either simultaneously or serially,this constitutes a "meeting." Pauly emphasized that the law specifically prohibits"serial meetings of groups of less than a quorum to avoid public hearing." Councilmember Case asked if dissemination of information to all of the Councilmembers was allowable. Pauly said it is legal as long as there is no discussion of the information by a quorum of members. Mayor Harris asked Pauly to confirm that dialog between less than a quorum is permissible. Case noted that unlike phone calls, a-mails are relatively easily traced and that members would have to keep this in mind and"be incredibly careful." Mayor Harris asked what would happen in the event that a Councilmember didn't need the entire$100 stipend for technology support because they already have a computer with internet access. Enger said that,in essence,the stipend can be used for whatever the Councilmember chooses,but that the minimum expectation would be that they be available via e-mail. Case said he believed the$60 per month for a computer system would be completely defensible. Enger agreed that the$60 per month for a computer/software and internet access was reasonable,but that staff had offered the$100 per month figure as a choice for Council since individual members had suggested the need for e-mail,high speed COUNCIL WORKSHOP MINUTES October 3, 2000 Page 3 internet and cell phone. Case noted that the City of Minnetonka provides its Council with laptop computers with high-speed Roadrunner internet connections. Uram has contacted the City of Minnetonka and they indicate it is too early to determine how well this system is working. Uram has also spoken to City staff in Brooklyn Center who indicate the City- owned laptops provided Council have not worked out as well as they had expected. They indicated they would consider using the proposed Eden Prairie stipend model next year when the issue comes before the Council again. Uram said the City of St. Louis Park has expressed similar feelings. Case thanked staff for responding to the Council's need for greater connectivity, and said that since other cities are moving in this direction it is time Eden Prairie did so. Enger noted that the Council would have to approve a resolution during the Council Meeting in order to institute the stipend. Butcher reiterated that she was uncomfortable with the idea of a stipend, since the Council is already compensated for their work. She worried that the stipend would push the Council's salaries higher than those in comparable communities. She said that, out of dedication to her position, she already owns a computer and cell phone, which she uses for Council business. Councilmember Tyra-Lukens said not all Councilmembers have the luxury of being able to provide their own technology, and that the stipend would help in this situation. Butcher said it is still a big reach to go from$7 a month to $100 a month. She also noted that the position of Councilmember is part-time, and wondered if increased connectivity may bring with it expectations of Councilmembers being available 24 hours a day. Enger said that per diem payments for attendance at special meetings are what make Eden Prairie Councilmember salaries comparable to similar communities. Case said the question really is what needs to be done to connect Councilmembers. He attended a conference in San Diego in December at which only 10 out of 300 attendees did not have City-provided e-mail accounts. He said that as government, Councilmembers clearly need to have a certain level of connectivity. Case said that the Council might need to set a standard of connectivity, since Councils in other communities have done so. Enger said$60 per month would cover the basic computer/e-mail package and some additional to help offset other choices in communication technology Councilmembers may choose: The additional$40 would allow for enhancements. Tyra-Lukens said she was comfortable with the additional$40 for enhancements. She said she had used both her computer and cell phone for several City- related issues that day alone. IV. COUNCIL PROCESS Mayor Harris presented an organization chart of City Council Process that appeared in November 1997 issue of Public Management. She noted that it was very similar to one the City Council had worked out together in May of the same year. Harris asked the Councilmembers to reflect on the City's published code of conduct and to indicate whether or not they wished to continue to adhere to these guidelines or if there were parts that were troublesome or missing. COUNCIL WORKSHOP MINUTES October 3,2000 Page 4 There was general agreement that the guidelines are still relevant and should be adhered to. Harris asked if anyone had any other related issues they wished to discuss.No issues were raised. V. STUDENT REPRESENTATIVES AT-LARGE PROGRAM Director of Management Services Natalie Swaggert presented final recommendations for student representatives on Commissions. Swaggert said that 15 applications were received by the September 22 deadline, and that staff worked hard to place as many applicants as possible on Commissions. Three students each were recommended for appointment to the Human Rights and Diversity Citizens Advisory Commission,the Heritage Preservation Commission, and the Parks and Recreation Citizen Advisory Commission. In the past only two students were appointed to each Commission. In addition, staff was proposed a new Student Representative At-Large Program for applicants not permanently assigned to a Commission. This program would allow students to attend and participate in six different Board and Commission meetings and to audit a City Council Meeting. The Council expressed support of the program. VI. OTHER Mayor Harris said the question of whether or not Councilmembers should support or endorse candidates in the Council election had been raised to her earlier. She asked for input on of what the Councilmembers felt was acceptable. It was agreed that no campaign buttons or t-shirts should be worn by Councilmembers in the Chamber. . Councilmember Case said that it seemed"like a tough one to want to tie us to some system." Harris said she was not sure where to go with the discussion,but that Case had mentioned in an earlier conversation that he would like the topic broached at the Workshop. Tyra-Lukens said there is a difference between positive and negative campaigning, and that any campaigning should remain positive. She noted that it is common for legislators to support particular candidates, and that it makes common sense to support candidates who are of like minds. Butcher said the appropriateness of supporting particular candidates would depend on the manner in which it was done. She asked if the Minnesota League of Cities has a position on this issue. Mayor Harris said she didn't know. Butcher said she thought it might not be appropriate for the Councilmembers to actually"endorse"candidates. City Attorney Pauly said he didn't know of any prohibition against endorsement. Hams summarized that it seemed to be the consensus of the Council that endorsement of candidates could be acceptable as long as it was not done in a negative way. VH. COUNCIL FORUM—STEVE AND KATHY SATHER City Attorney Roger Pauly advised the Council that due to pending litigation between the City and Swanson, they should not comment on the issues presented by the Sathers. Mr. Sather provided to Council a thorough narrative of the history of his investigation and meetings leading to the purchase of his home at 90432 Purdy Road and events that have occurred since. He provided Council with a series of letters to support his comments (attached). In summary,he made the following points: COUNCIL WORKSHOP MINUTES October 3, 2000 Page 5 • An erosion problem has been on going since 1994 adjacent to his property and that of neighbors to the south(Swansons). • There is a fifty-foot drop adjacent to his home and his retaining wall is failing. • Considerable investment has been made by Sathers and Swanson to resolve the issue (approximately$23,000). • The problem has accelerated since 1998. • The problem emanates from the size of the drainage area directed through a culvert under Riverview Road,the removal of a berm on the Swanson property and drainage from the cul-de-sac in front of his home. • He previously made an offer of$50,000 to resolve the problem,but would have to spend $30,000 to $40,000 to do remedial work if the larger drainage problem is not properly addressed. • He made an effort to avoid litigation as the means to resolve the issue. • Staff has not been responsive in this matter. Mr. Sather asked for a response from the City in regard to what to do before winter. Mayor Harris expressed regret for Mr. Sather's experience and asked for time to review the attached materials. Roger Pauly advised that this matter could be the subject of a closed meeting for further discussion. VIH. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m.