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City Council - 03/02/1999 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL/STAFF WORKSHOP TUESDAY, MARCH 2, 1999 7:00 PM, CITY CENTER HERITAGE ROOM H CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson Jr., Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Public Safety Services Director Jim Clark, Management Services Director Natalie Swaggert, Parks &Recreation Services Director Bob Lambert, Community Development& Financial Services Director Don Uram, Public Works Services Director Gene Dietz, City Attorney Ric Rosow, City Clerk Kathleen Porta.and Council Recorder Rita Maiser. 1. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 5:30 p.m. II. APPROVAL OF AGENDA Enger said no one has asked to speak at the Council Forum. Some individuals contacted the City Manager's office asking to speak on the Perkins Subdivision, but the Public Hearing on this matter was closed and the item would not be appropriate under the Council Forum guidelines. III. OPEN MEETING LAW - DATA PRACTICES ACT Attorney Rosow presented information on the Open Meeting Law. Performance evaluations of City Staff and meetings with the City Attorney to discuss potential litigation are permitted to be closed. The Open Meeting Law applies to any gathering of a quorum or more of public officials where official business is discussed, decided, or information is received. Two councilpersons meeting with staff is not a violation of the Open Meeting Law. Tyra-Luken discussed how collaborative committees, such as a Councilmember meeting with school boards members, are affected by the law. Rosow stated the Open Meeting Law would apply in this situation. Case asked if topics discussed were a factor. Rosow said the discussion must pertain to official duties. The law does not prohibit social gatherings. The key is whether City business is being discussed. COUNCIL/STAFF WORKSHOP March 2, 1999 Page 2 According to the Data Practices Act, "government data" means all data created, collected, received, maintained, or disseminated by the City regardless of the data's physical form. Data must be collected somewhere, in some manner. Since e-mail is recorded, it is government data. E-mail is an emerging area of concern. Enger asked about data on one's personal computer. Rosow said there have not been any case decisions on this as yet. Porta said general correspondence must be retained for three years. Official correspondence has a permanent retention. E-mail records should be printed with header information and attachments or filed electronically. Transitory messages are not considered official records. Swaggert said that whether information is on a personal computer or a city computer doesn't make any difference. Another issue for future discussion is the gift law. Porta said four new recording secretaries, Margaret Rasmussen, Carol Pelzel, Rita Maiser, and Judy Kunz have been hired. IV. COMMUNICATION SUPPORT - CLERICAL Swaggert reported on results of the Council survey regarding clerical support. Dona Rowland is the person to contact for travel arrangements. Sign-up for professional workshops, expense claim processing (meals, mileage, etc.), and meeting claim forms should also be directed to Rowland. In regard to mail, support staff can open and sort mail upon Councilmember request. Staff will answer routine mail. Correspondence with the public which should have legal review should be answered by Staff. Enger said if the Council needs input, contact him. The staff will also assist with correspondence done on behalf of the City Council, such as the Mayor's letters. Tyra-Lukens asked if there is any assistance for speeches or presentations. Enger said presentations can be time consuming to prepare for a single purpose, but the staff can help with presentations if they have some future use and are on behalf of the City Council. Questions about record retention should be directed to Porta. See Carolyn Monsrud for copies and reproductions. V. COMMUNICATIONS SUPPORT - TECHNICAL Enger discussed ways to extend technical support. The Council office could have a computer set up for Council use. A City a-mail address could also be used instead of personal e-mail addresses. Software is available for scheduling and setting up a meeting calendar. COUNCIL/STAFF WORKSHOP March 2, 1999 Page 3 There was discussion on pager use, and whether pagers are really an asset to the Council. Councilmembers were split on how useful pagers are for them. For now, the Council will see if they can better utilize pagers. VI. COUNCIL COMPENSATION Rosow said any changes in compensation made now don't take effect until January 1, after the next election. Only one comparable city besides Eden Prairie uses per diem. Eden Prairie's base salary is behind other cities. Mayor Harris asked if the per diem brings salary close to other cities. Thorfinnson said that with per diem, salary is on the high end, close to Bloomington. The Mayor saw a need to revisit this issue, and more information will be ready in June. This issue should be rescheduled for July. VII. AMERICAN MANAGEMENT ASSOCIATION CONFERENCE REPORT Butcher-Younghans and Thorfinnson attended the American Management Conference November 4-8, 1999. Butcher-Younghans reported they were the only two government officials attending, which impressed many attendees. The focus of the conference was on change. One important concept was "what has made you successful in the past will not make you successful in the future." The conference stressed the need for flexibility, access to technology, and how use of physical space can encourage creativity. She gave examples of how access and convenience can be used to involve the public more. VIII. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m.