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City Council - 01/07/2003 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 7,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/ CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens stated that Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists 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 Department 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. IV. SWEARING IN OF MAYOR TYRA-LUKENS AND COUNCILMEMBERS RON CASE AND PHILIP YOUNG City Attorney Ric Rosow conducted the swearing in of Mayor Tyra Lukens and Councilmembers Case and Young,with each oath administered individually. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an opportunity for Councilmembers to announce goals for the upcoming year under Item XIV.A. Reports of Councilmembers. MOTION: Butcher moved, seconded by Mosman,to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 17,2002 MOTION: Mosman moved, seconded by Case, to approve as published, the Minutes of the City Council Workshop held December 17,2002. Motion carried 4-0.Young abstained. CITY COUNCIL MINUTES January 7,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 17,2002 Case noted a change to page 16. Second paragraph, second sentence should read "That is behind the reasons that two Council members voted against this in 1998 because there were many concerns about the ecological impact." MOTION: Mosman moved, seconded by Case,to approve as published and amended, the Minutes of the City Council Meeting held December 17, 2002. Motion carried 4-0.Young abstained. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO. 2003-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. RESOLUTION NO. 2003-02 DESIGNATING DEPOSITORIES D. RESOLUTION NO. 2003-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. RESOLUTION NO. 2003-04 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. RESOLUTION NO. 2003-05 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. RESOLUTION NO. 2003-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. RESOLUTION NO. 2003-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY I. RESOLUTION NO. 2003-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2003 MOTION: Case moved, seconded by Mosman, to approve Items A-I of the Consent Calendar. Motion carried 5-0. MOTION: Following Payment of Claims, Councilmember Case moved to reconsider Item I on the Consent Calendar. Seconded by Mosman, motion carried 5-0. Case noted that this year, for the first time,the first Tuesday in November Council meeting was changed because the Council had an election and suggested there not be a Council meeting on election night because the public may not want a meeting on CITY COUNCIL AUNUTES January 7,2003 Page 3 the same night as elections. He suggested Council meetings be on the second and third Tuesdays in November instead of the first and third Tuesdays. MOTION: Following discussion, Case moved that meeting dates be amended to change the first meeting in November from the first Tuesday to the second Tuesday. Motion carried 5-0. VIII. PUBLIC HEARINGS /MEETINGS IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS M. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. RESOLUTION NO. 2003-09 DESIGNATING THE OFFICIAL CITY NEWSPAPER City Manager Scott Neal stated the current official City newspaper is the Eden Prairie News. He said a request for bids was conducted in December and the City received bids from the Eden Prairie News and the Sun Current. He said the Eden Prairie News was preferred because of the 27-year practice of having the paper report the City's news,however, the Sun Current has challenged the preference based on State Statutes.Neal said the City Attorney was consulted for an opinion on the issue. Rosow said State Statute is specific as far as qualification requirements for a newspaper being designated the official City newspaper. He said there are a number of requirements such as the newspaper having a known office of issue in the county in which the entity is located or an adjoining county; 50 percent of the news articles' column space must be devoted to local news of interest; and a copy of each issue of the newspaper must be filed with the Minnesota Historical Society.Rosow said it was confirmed that the Sun Current files all of its issues with the historical society and did so for all of 2002. He said initially it was determined there was not 50 percent of news of local interest in the Sun Current,but with school news,the newspaper meets that criteria. Rosow said Statutes state when there are competing newspapers,priority is given to the one with the known office of issue in the city. He said the Sun Current has its known office of issue in the City of Eden Prairie and the Eden Prairie News does not. Therefore,Rosow said under the Statute,the opinion is that the Sun Current qualifies for designation under the requirements. Rosow said after looking at all the criteria,the determining factor was the location of the office. CrrY COUNCIL bHNUTES January 7,2003 Page 4 Case said reporting in the Sun Current has been satisfactory,but he is uncomfortable with the inconsistent distribution of the paper to Councilmembers as well as citizens. Butcher asked for definition on what it means to be the"official newspaper."Rosow said it means that all notices and other matters that the City is required by law to publish must be published in the designated official newspaper. Mosman requested that Staff should work with the paper to increase the circulation in the entire City. Young said he has attempted to get the Sun Current in the past without much success. MOTION: Case moved to designate the Eden Prairie Sun Current as the official newspaper of the City of Eden Prairie for 2003. Seconded by Mosman, motion carried 5-0. B. RESOLUTION NO. 2003-10 DESIGNATING THE OFFICIAL MEETING DATES,TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2003 AND APPOINTING COUNCILMEMBER CASE ACTING MAYOR MOTION: Mosman moved to adopt Resolution No. 2003-10 designating the official meeting dates,time and place for the City of Eden Prairie Council in 2003 and appointing Councilmember Case the Acting Mayor. Seconded by Butcher, motion carried 5-0. C. RESOLUTION NO. 2003-11 APPOINTING COUNCILMEMBER CASE AS THE DIRECTOR AND COUNCILMEMBER YOUNG AS THE ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2003 Councilmember Young declined to accept the appointment as Alternate Director due to potential conflict of interest with work his law firm does with utilities. MOTION: Butcher moved to adopt Resolution No. 2003-12 designating Councilmember Case as the Director and Public Works Director Eugene Dietz as the Alternate Director to the Suburban Rate Authority. Seconded by Mosman, motion carried 5-0. D. APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST METRO TRANSIT BOARD AS THE EDEN PRAIRIE CITIZEN REPRESENTATIVE FOR A THREE-YEAR TERM MOTION: Butcher moved to appoint Councilmember Case to Southwest Metro Transit Board as the Eden Prairie Citizen Representative for a three-year term to end December 31, 2005. Seconded by Mosman, motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES CITY COUNCIL.NM\TUTES January 7,2003 Page S MOTION: Butcher moved, seconded by Case,to appoint Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Butcher,to appoint Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. G. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Case moved, seconded by Butcher, to appoint Mayor Tyra-Lukens to the Municipal Legislative Commission. Motion carried 5-0. H. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE SOUTHWEST CORRIDOR COMMISSION MOTION: Butcher moved, seconded by Case,to appoint Councilmember Mosman to the Southwest Corridor Commission. Motion carried 5-0. I. APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Mosman moved, seconded by Case,to appoint Councilmember Butcher to the Community Resource Center Advisory Council. Motion carried 5-0. J. APPOINTMENT OF COUNCILMEMBER CASE TO THE SOUTHWEST CABLE TV COMMISSION MOTION: Mosman moved, seconded by Butcher, to appoint Councilmember Case to the Southwest Cable TV Commission. Motion carried 5-0. K. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE EDEN PRAIRIE FOUNDATION MOTION: Butcher moved, seconded by Case, to appoint Mayor Tyra-Lukens to the Eden Prairie Foundation. Motion carried 5-0. L. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE I-494 CORRIDOR COMMISSION MOTION: Butcher moved, seconded by Case,to appoint Councilmember Mosman to the I-94 Corridor Commission. Motion carried 5-0. CITY COUNCIL MM=S January 7,2003 Page 6 M. APPOINTMENT OF COUNCILMEMBER BUTCHER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE MOTION:Mosman moved, seconded by Case,to appoint Councilmember Butcher to the Hennepin South Services Collaborative. Motion carried 5-0. N. APPOINTMENT OF COUNCILMEMBER YOUNG TO THE CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Case moved, seconded by Mosman,to appoint Councilmember Young to the City and School Facilities Use Task Force. Motion carried 5-0. O. APPOINTMENT OF COUNCILMEMBER MOSMAN TO THE BUILDING ASSETS TOGETHER COMMITTEE MOTION: Butcher moved, seconded by Case,to appoint Councilmember Mosman to the Building Assets Together Committee. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Butcher stated her goals for the upcoming year are continuing the strong activity of meeting with the business community to attract and retain businesses; to revisit strategic initiatives and strategic planning; and continue commitment to homeland security. She said she believes the Flying Cloud Airport Advisory Commission should be reinstated, and a security plan should be developed with local governments. Mosman said the Council should lead the effort to encourage the State and Federal government to improve transportation in and around Eden Prairie. She said the City should keep residents informed of transportation issues and how they can voice their ideas and concerns to the appropriate party at the appropriate time. She said the Council should also consider the most effective method for monitoring and enforcing the new final agreement with MAC for Flying Cloud Airport. Mosman said she would also like the Council to proceed with establishing an ad hoc citizen advisory task force to examine strategies to increase the quality of indoor air in Eden Prairie. In addition, she said the Council should lead efforts to build a greater sense of community among Eden Prairie residents. Young said through his conduct on the Council,he wants to confirm the decision of those citizens who provided him with the honor of serving on the Council. He said he is grateful and wants to give back to those citizens the trust they have bestowed in him. Young said that the Council should also consider expansion from 5 to 7 members. He asked that the City continue to reach out to the business community because they contribute to the success of the City although they hold no vote. Case said his goals are to complete"phase 2" of the smoking ban issue by charging a task force to work with businesses and restaurants to move incrementally toward CITY COUNCa,hmvUTES January 7,2003 Page 7 cleaner, smoke-free indoor environments; and also by developing a plan to cultivate support from neighboring communities to build regional consensus for passing similar bans and implementing similar voluntary restrictions. His goals also include implementation of the MAC/City agreement covering noise,pavement depth and aircraft weight monitoring,night time run-ups ban,working with MAC and other reliever airport communities to forge a united front before the Legislature to seek statewide aviation solutions, including homeland security issues, and monitoring voluntary use of the northern most east/west runway for Stage 2 aircraft and to have some mechanism that would observe the compliance or noncompliance of that. Case said there is much public interest in completing park infrastructure and Council should look at it working toward a possible future referendum vote. He said his goals also include communications with constituents with review of City use of newsletters and hard copy publications, continuing to pursue an interactive website,roving "field trip" workshops and Town Hall meetings on special topics. Case would also like to study the Council's representative structure and survey to assess and identify problem areas with a possible study group to evaluate alternatives to address problem areas. He said if a larger Council is the result, then the 7-member Council Charter form of City government may need to be investigated. Tyra-Lukens added that although the elimination of local government aid does not have a big impact on the City,the Council should be prepared for major budget adjustments mid-year because of continued depression of the commercial/industrial property values that will have some impact on tax revenues received. She said she would like to have a discussion about offering the Council chamber to the School District for televised School Board meetings at nominal or no cost to the district. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Young moved,seconded by Mosman,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:42 p.m.