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City Council - 01/03/2012 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 3, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROPOSED MODIFICATION TO THE EDEN PRAIRIE MANIFESTO Pam Spera, Chair of the Human Rights & Diversity Commission, said the Commission is proposing a change to the language of the Eden Prairie Manifesto to include the phrase "absence of religion". The Commission believes that would make the document more inclusive. She said the Commission discussed this at a Council workshop and then decided on the phrase to be added to the Manifesto. Nelson recognized a lot of work was put into this by the Commission but she was not sure it really clarifies things. She thought the phrase, "regardless of religious affiliation," covers everyone, and that phrase is in the original language. She said everyone has some sort of philosophy of life or is part of an organized religion. She thought the language we have is clear and she did not support the change. Aho said he agreed with Council Member Nelson. The phrase "absence of religion" doesn't benefit anything. He does not support the change. Case said the original language does not seem confusing to him. He thought if we adopt the change we might have to modify other phrases in the document to include such things as the absence of ethnic heritage. Changing the Manifesto in this way might break it apart so much it loses meaning. He would prefer to leave it as it is. Tyra-Lukens said she feels much the same way. She did not think the proposed phrase would change anything about the way we function as an organization in CITY COUNCIL MINUTES January 3, 2012 Page 2 dealing with our employees or with the public. She believes the beauty of something like the Manifesto is to keep it simple. She did not think this change adds any meaning. Butcher Wickstrom said the Council and the Commission had a long discussion about this at the workshop. What really mattered to her was that the Commission spent so much time considering this. As an advisory commission they brought forward something for us to look at, and that was meaningful. She said she is comfortable with leaving it the way it is written,but she also did not find it offensive to make the modification. There was no motion. Tyra-Lukens said the proposed modification dies for lack of a motion. She said, while she realized the Commission spent a lot of time on this, there also did not appear to be a unanimous sense of direction from the Commission at the workshop in September. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item XIV.B.1. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2011 MOTION: Case moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, December 6, 2011 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 2011 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council meeting held Tuesday, December 6, 2011 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Lotthammer said they have not yet executed the deed transfer documents for the last item of the in-kind donations in Item J. Item J should be approved with the exception of the last item on the list. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2012-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS CITY COUNCIL MINUTES January 3, 2012 Page 3 C. ADOPT RESOLUTION NO. 2012-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION NO. 2012-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. ADOPT RESOLUTION NO. 2012-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION NO. 2012-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION NO. 2012-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION NO. 2012-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2011 I. AWARD 2012 CONTRACTS FOR WATER TREATMENT CHEMICALS J. ADOPT RESOLUTION NO. 2012-08 ACCEPTING AND RECOGNIZING GIFTS AND DONATIONS RECEIVED IN 2011 K. AUTHORIZE THE SALE OF EXCESS PROPERTY (FIREWOOD) MOTION: Case moved, seconded by Aho, to approve Items A-I, amended Item J, and Item K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO ADOPTION OF A DOMESTIC PARTNERSHIP REGISTRY Getschow said this is another item coming from the Human Rights & Diversity Commission. It also was discussed at the workshop last year. The item concerns the adoption of a domestic partnership registry providing a means for unmarried couples who reside in Eden Prairie to document their relationship. He said this was modeled on an ordinance passed in Hopkins. It requires the individuals reside in the City of Eden Prairie. Several cities around us have enacted such a registry and CITY COUNCIL MINUTES January 3, 2012 Page 4 research shows there are about 6-15 registration per year. Staff believes it would be a simple administrative operation that could be run through the City Center. Aho said he has done a fair amount of research on this. He feels this is an important issue that should be given serious consideration before we adopt the ordinance. He thought it was not prudent for the City of Eden Prairie to become engaged in social issues that will be addressed by voters at the State level. The issue is being addressed in the courts now. He did not think it should be addressed at a city level simply as a means of circumventing procedures at the State and County level. He believes it really is not our job to create registries. The County registers marriages and deaths. He thought it is problematic in a number of ways. He reviewed the historical background of the issue in Minnesota. Without knowing the outcome of the final court case in Hennepin County he thought it is prudent to wait for the decision of the courts. He thought the definition of marriage will most likely be resolved in Minnesota in 2012. This action tonight may put us in potential conflict with that decision. He did not think there is anyone in the City government who has the authority and who can determine who is qualified to register. It would also be hard to enforce. He plans to vote against first reading of this ordinance. Butcher Wickstrom asked if the City has other registries like this. Getschow said he could not think of such a registry. We do have similar programs that issue licenses. Butcher Wickstrom asked if any counties are taking responsibility for this. Getschow said it has come about from cities. Nelson said it seems like this works in a lot of cities. It doesn't really have anything to do with marriage. It is used by couples of both sexes, not just same sex couples. She was not sure it benefits them much to do this,but she didn't see any particular reason not to do it. She noted we do register security systems. Case said this is a controversial issue when the sound of domestic partnership begins to sound like the defense of marriage debate. He thought this is not just a defense of marriage issue. In some states that have passed this it offers something to senior citizens who want to cohabit for health,retirement or death benefits. He thought it offers a lot psychologically but really doesn't offer a lot legally, so it isn't a big danger legally. It helps people get health care and other benefits with significant others. He noted 4 1% of the Fortune 500 companies offer health benefits to domestic partners. He agreed it goes a little beyond the purview of what cities typically have done, but on a grand level it is prudent to help individuals attain their freedom. He thought it matters to those residents who are looking for official data and a document with which to go to their companies. He does support the registry. Butcher Wickstrom thanked Council Members Case and Aho for the research they did on the issue. She thought the registry does provide something for the individuals who want it. It creates flexibility for residents and is an action of inclusivity for all residents. She thought it also strengthens our Manifesto. It would be a very insignificant cost to the City,but it will be meaningful to residents who wish to use it. CITY COUNCIL MINUTES January 3, 2012 Page 5 Aho asked if there might be ramifications to the City if we have employees who sign up for this registration and then we have responsibility to provide them with benefits. He was also concerned how to define cases that might involve a polygamous relationship. He thought this opens up areas in which we don't want to get involved. Getschow said in the application we ask them to abide by what they affirm as domestic partnerships. We don't have a process where we follow up and enforce it. Rosow said the City is prohibited by State law from providing benefits to employees' domestic partners. Tyra-Lukens asked if the City would send letters to insurance companies regarding the registration of the partnerships that would clearly state we have not done a background search to see that they are not married to someone else. Getschow said the only document we would provide would be the notarized application form that would be given to the applicant. Case said we aren't certifying anything. All we would be doing would be offering our residents an avenue to make a public declaration. He didn't see us being culpable as a result of providing a registration. Nelson said this registration process has been done all over the country for several years and it doesn't seem to create problems. She didn't expect it would create problems here. Tyra-Lukens said she didn't look at this as a defense of marriage issue. She thought of it more as supporting the mission of the Eden Prairie Manifesto. It would be further verification of a relationship. She thought this might come up quite often and could benefit those in heterosexual relationships as well as homosexual relationships. She said she could not come up with any "cons" for her list of reasons to do this. She has talked to representatives of other cities and they have not experienced problems. Aho did not see there would be much benefit to people with this. He did not think companies will come to the City to see what we do. He thought it is an issue of trying to get this out at a local level to be used as a way of applying pressure to higher levels of government to pass similar legislation. It seems more like a political tool rather than something the City should be involved in. MOTION: Butcher Wickstrom moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 5 relating to adoption of a Domestic Partnership Registry. Motion carried 4-1, with Aho opposed. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES January 3, 2012 Page 6 A. RESOLUTION NO. 2012-09 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2012-09 designating the Eden Prairie News as the official City newspaper for the year 2012. Motion carried 5-0. B. RESOLUTION NO. 2012-10 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2012 AND APPOINTING ACTING MAYOR MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2012-10 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2012 and appointing Council Member Case the Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2012-11 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012-11 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2012. Motion carried 5-0. D. RESOLUTION NO. 2012-12 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2011 MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2012-12 designating Council Member Case as the Director and Public Works Director Robert Ellis as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Aho, to approve appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Nelson moved, seconded by Case, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. CITY COUNCIL MINUTES January 3, 2012 Page 7 G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Case to the Southwest Cable Commission. Motion carried 5-0. H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Case moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Nelson to the Eden Prairie Foundation. Motion carried 5-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Case, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 5-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Aho moved, seconded by Nelson, to approve appointment of Council Member Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 5-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Case moved, seconded by Nelson, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 5-0. L. APPOINTMENT OF CITIZEN REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION MOTION: Butcher Wickstrom moved, seconded by Case, to appoint Mayor Tyra- Lukens to the Southwest Metro Transit Board to serve out the position of elected official and to appoint Council Member Aho as the Citizen Representative for a three-year term to end December 31, 2014. Motion carried 5-0. M. RESOLUTION NO. 2012-13 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-13 appointing Council Member Case and Finance Director Sue Kotchevar to the Eden Prairie Fire Relief Association. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES January 3, 2012 Page 8 B. REPORT OF CITY MANAGER 1. Fallen Firefighter Memorial Fund Getschow said the Fallen Firefighter Memorial recently received full funding. The memorial is currently located in a small corner of the airport. The funds will be used to construct a new memorial at the State Capitol. Fire Chief Esbensen is President of the Minnesota Fire Service Foundation. He had a large part in the effort to raise the $600,000 necessary to reach the goal. They reached that goal, and additional dollars received will be put towards scholarships. Chief Esbensen did a lot of traveling across the State to make presentations on this important effort. We want to recognize him for the great work he did as a leader of the effort. Tyra-Lukens asked if they are still accepting donations. Getschow said they are. Tyra-Lukens noted Chief Esbensen's goal was to get 100% of the department to make donations and she assumed he reached that goal. Getschow said he did. The Eden Prairie Fire Department led the way on the donations. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Approve Agreement Between Department of Employment and Economic Development (DEED) and the City for a $500,000 Forgivable Loan (Grant) to Rosemount-Emerson through the Minnesota Investment Fund Jeremiah said the agreement details the City's responsibilities for administering a $500,000 grant through DEED's Minnesota Investment Fund program to help fund Rosemount-Emerson's planned renovation to their building on Technology Drive. Rosemount-Emerson plans to invest $24,000,000 to renovate the building. They currently have about 600 employees in Eden Prairie. One of the conditions of the agreement would be that they add 100 additional employees. The requested action is between the City and DEED. There will be a subsequent agreement between the City and Rosemount-Emerson regarding disbursal of funds. Aho said it is important for our residents to know that this action doesn't cost the City of Eden Prairie any money and is just a pass through. MOTION: Nelson moved, seconded by Case, to approve the agreement between Department of Employment and Economic Development(DEED) and the City for a $500,000 forgivable loan (grant) to Rosemount-Emerson through DEED's Minnesota Investment Fund (MIF). Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES January 3, 2012 Page 9 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 PM.