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06/12/2008 - City Council SpecialSPECIAL CITY COUNCIL MEETING THURSDAY JUNE 12, 2008 5:30 P.M. EAGAN ROOM-EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA • ' II. UPDATE ON 2009 GENERAL FUND AND PUBLIC ENTERPRISE %~ BUDGETS v~, ~ III. PROCESS FOR FILLING POSSIBLE VACANCY ON THE CITY (/ COUNCIL IV. OTHER BUSINESS V. VISITORS TO BE HEARD VI. ADJOURNMENT Agenda Information Memo June 12, 2008, Special Eagan City Council Meeting II. RECENE UPDATE ON 2009 GENERAL FUND AND PUBLIC ENTERPRISE FUND BUDGETS ACTION TO BE CONSIDERED: This an informative/discussion item and no specific action is required. FACTS: • In early May, staff began the 2009 budget process and Department Directors are preparing 2009 budget proposals for the various divisions and departments. The General Fund and Civic Arena proposals are due to the City Administrator by June 20, 2008 and will be reviewed by the staff budget team with departmental meetings beginning in late June and continuing into early July. • As an additional step for the 2009 budget, an abbreviated draft budget is proposed to be presented to the City Council in July either on the 8"' or on the 22"~ depending on when the special meeting can be scheduled. • The City Administrator's recommended budget is scheduled to be presented to the Cit~ Council for the more formal and detailed review in August on either the 12"' or 26 ,again depending on when the special meeting can be scheduled. • As a starting point, Directors have been instructed to prepare two budget scenarios; first, status quo budgets that maintain current service levels, and second, budgets that are limited to a 2°~6 increase by department along with detailed explanations for any service delivery impacts resulting from the reductions necessary to achieve a budget at that level. • Staff will be continuing to analyze the impact of the State's imposition of the "property tax caps° on both the budget and the property tax levy. • The other Enterprise Fund operating budgets including Water, Sanitary Sewer, Storm Drainage, Water Quality, Street Lighting, Community Center, and Cascade Bay are due to the budget team on July 25 and will be presented to the City Council in September. • Capital budgets including the Part II (Vehicles 8~ Equipment) C1P and General Facilities Renewal & Replacement are also being prepared at this time and are due on June 20. • This budget cycle will continue the process used over the last two years of enhancing the budget to become a better and more comprehensive planning, policy, and communications tool through recommendations of the Government Finance Officers Association. ATTACHMENTS: Enclosed on pages on page ~ is a copy of the preliminary 2009 Budget Calendar as presented to staff. Budget Calendar May 13 Kickoff meeting May 14 Excel Workbooks distributed to Departments: • Detail, Personal Services, and Summary worksheets • Performance Indicators and Position Inventory worksheets June 10 Brief budget process update to Council at Special CC meeting June 20 Four (4) paper copies of entire operating/capital budget submittal due: one each to Tom Hedges, Gene VanOverbeke, Dianne Miller and Tom Pepper. Electronic version of everything to Tom Pepper. • Operating budget submittal must contain two budget versions: a) Status quo -constant service level; no new staff b) 2% increase over 2008 For each version of the Operating budget, submit the following: a) Three-sheet Excel workbook b) The usual supporting forms (new personnel, travel, etc.) c) Updated budget book sections i. Performance Indicators (Excel) ii. Position Inventory/2009 Work Plan (Excel) iii. Highlights and Changes (V11ord) d) Departmental revenue projections e) Additional supporting documentation as necessary • Capital equipment budget (Part II CIP -Vehicles & Equipment) a) Summary of 5-year (2009-2013) plan b) Capital outlay just cation sheet for each item • Facility Renewal & Replacement proposals a) Summary of 5-year (2009-2013) plan -don't include in operating budget b) Capital outlay justfication sheet for each item June 20 -early-July Budget team meets with Departments to review requests Finance prepares preliminary revenue estimates July 8 or ~a Abbreviated draft budget presented to Council for preliminary discussion; Council to provide further direction to staff August 12 or 26 City Administrator's recommended budget is presented to Council at special meeting September 15 Preliminary levy is certified to County Early-December Truth-in-Taxation hearing Mid-December Final 2009 budget and levy are adopted by CC a Agenda Information Memo June 12, 2008 Special Eagan City Council Meeting III. PROCESS FOR FILLING POSSIBLE VACANCY ON THE CITY COUNCIL ACTION TO BE CONSIDERED: To provide direction to staff on the process the City Council wishes to use to fill the possible future vacancy on the City Council. FACTS: • Per the request of the Council, the City Attorney was asked to provide information to the Council regarding options to fill a vacancy on the City Council. • Additionally, staff surveyed other communities for processes they have used when filling vacancies. • The Council is asked to discuss and provide direction to staff as to how the City of Eagan should go about filling a future Council vacancy. ATTACHMENTS: • Enclosed on pages ~ through ~ is a memo from the City Attorney, dated May 9, 2008, which was previously provided to the City Council in the May 20, Administrative Agenda memo, responding to questions and procedural issues that surround the issue of a Council vacancy. The memo also includes a sample resolution used by the City of Apple Valley to establish a procedure for the appointment of a Councilmember. • Enclosed on pages ~ through ~ is a second memo from the City Attorney responding to additional questions pertaining more specifically to questions regarding the election process associated with a Council vacancies. • Enclosed on pages // through /~ is a summary of processes used by other communities across the state to fill Council vacancies. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: May 9, 2008 RE: Council Vacancy -Appointment Process Our File No. 206-27790 In light of Council Member Carlson's announcement of her intention to resign her Council seat at the meeting on July 1, 2008, a number of questions have been raised with respect to the creation of the vacancy and the subsequent appointment of a new member. This memo attempts to answer some of the questions and procedures that surround the. issue of a vacancy. Included is material that was prepared in connection with an appointment recently made in Apple Valley to fill the vacancy created by the death of Council Member Erickson. Question 1. How does a member resign? A resigning member must submit a written resignation to the Council. The Council should by motion state that it has received and accepted the resignation and further declare that a vacancy exists. Question 2. When is a resignation effective? A resignation is effective when it is received by the City Council. Question 3. How is the vacancy on the City Council filled? The vacancy is filled by Council appointment. In the case of a tie vote of the Council, the Mayor shall make the appointment. Question 4. What is the term of office for the appointed position? The person appointed to fill a vacancy created on July 1, 2008 by the resignation shall serve the balance of Council Member Carlson's term (2010 general election). Question 5. What process is the Council required to follow in filling the vacancy? There is no prescribed method for the appointment process. The Council may choose any means to identify candidates for appointment. It may use an open process for seeking applicants such as it uses in filling positions on City commissions or it may simply canvass the Council members for the identification of candidates they wish to put forward. Whatever method the Council chooses to use should be made by agreement of the members. Question 6. If the Council seeks applicants, are the identities of the applicants public? Yes, under Minnesota Data Practices, an applicant's name; city of residence (note not address); education and training; employment history; volunteer work; awards and honors; prior governmental service or experience and veteran status are public data. This information is available to the public when received by the City. Question 7. If the Council chooses to include interviews in its selection process, can those interviews be closed to the public or other applicants? No. Interviews can only be held at a publicly noticed meeting without the ability to exclude anyone from attending such meeting. Question 8. Can the City Council meet in closed session to either discuss the process of filling the vacancy or discuss the merits of the applications? No. There is no exception to the Open Meeting Law that would allow the Council to conduct such discussions in closed session. Question 9. In the event of a tie vote, is the Mayor restricted to appointing an individual from a pre-approved list (e.g. applicants, candidates in ballot, etc.) No, unless the Mayor voluntarily agrees to abide by an agreed-upon process, there is no restriction on the appointment. Question 10. What voting process has been used in other cities to select the person to fill the vacancy? I am aware of at least three (3) differing voting mechanisms that have been used by different cities in filling a vacancy on a city council. Example 1. At the council meeting, the mayor calls for nominees. One or more council members makes nominations (no second is necessary). Mayor announces a slate of nominees and asks if there is a motion for appointment. A member would then make a motion for an appointment. Upon the receipt of a second, a vote would be taken. A majority in favor would constitute an appointment. A vote that resulted in a tie would require the mayor to make the appointment (* See Question 9). A majority against would lead to another motion in favor of a different nominee. Example 2. Candidates names are placed on a ballot. Points are assigned to a preferred choice (e.g. first choice equal 10 points; second choice equals 8 points). Members are asked to list their preference for first, second choice, etc. on the ballot. The name of the individual who receives the highest point total is then asked to be moved for appointment. Upon receipt of a motion and second, a majority voting in favor would result in the filling of the vacancy. A tie would result in the mayor making the appointment (* See Question 9). Finally a majority against the appointment would result in moving on to the name of the individual with the second highest point total. Example 3. Recently the City of Apple Valley made an appointment to the Council. After atwo-week period for the filing of applications and following a 20-minute interview by the Council of each of the applicants, the Council placed all of the applicant's names as candidates on a ballot. The ballot consisted of nine candidates. The members were then asked to vote for five candidates. In order to remain on the ballot for the next round, a candidate must have received at least three member's votes. Following round one, four candidates remained on the ballot. Round two required the members to vote for three candidates, one less than the remaining number on the ballot. This was the process to be used in the remaining rounds; however, after three rounds of balloting, the Council had reduced the candidates to one whose name was then publicly identified. A member of the Council then moved for the appointment, which motion received a second and was voted unanimously in favor. This process has been used by the Apple Valley City Council at least three times in the past fifteen years. For your information, I have attached a copy of the resolution which was provided to the City Council and the public prior to the voting. If you have any further questions, please give me a call. MGD/j It CITY OF APPLE VALLEY RESOLUTION NO.2008-70 A RESOLUTION ESTABLISHING PROCEDURE FOR COUNCIL APPOINTMENT WHEREAS, the following alphabetically listed nine names have been submitted to the City Council of Apple Valley for consideration for appointment to the vacant position of Councilmember of Apple Valley: Ruth M. Erickson Roberta Gibbons Gary L. Humphrey Sharon LaComb Jason D. Ledeboer David J. Monn Jacob Portnoy Ruel Arnold Russell Sharon R. Schwartz WHEREAS, Minnesota Statues 412.02, Subd. 2(a), provides, in part: A vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. WHEREAS, pursuant to law, this appointment is for a term where more than two years remain in the unexpired term; thus a special election will be held at the next regular City election, on November 4, 2008, to elect an individual for the remainder of the term, and WHEREAS, because this procedure is a preliminary process and not a binding Council action, further Council action, by motion, is necessary to nominate and appoint a candidate for the vacancy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following procedure will be used to reduce the number of candidates considered by the Council for the appointment: 1. The Council, on April 10, 2008, will make the appointment. 2. A written roster has been prepared listing the potential candidates. 3. The Council shall proceed in the following manner: a. On the first round, each Councilmember shall, in writing, select five (5) of the names appearing. b. On each subsequent round, each Councilmember shall, in writing, select that certain number of names which is one less than the total number then appearing. 7 c. After the City Clerk has received the selection from each Councilmember, the City Clerk shall record the selection and announce the number of names yet remaining. d. Any name or names not having been selected by three or more of the Councilmembers shall be stricken by the City Clerk from the succeeding round and shall no longer appear as a name(s) to be considered by the Council; except that, if after selection by the Council there results a tie between or among all the names appearing on the round, the Council, in writing shall again select until one or more names have been stricken; provided however, that if such a situation exists, the Council shall not reselect more than three times. In such a situation, the process shall end. Otherwise, the process shall end when only one name remains. 4. After the process has ended, a motion to appoint a Councilmember shall be in order. The motion shall be in the form of: "I move to appoint Valley." motion. to the position of Councilmember of Apple Upon the receipt of a second, a vote shall be taken on the ADOPTED this 10th day of April, 2008. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: May 30, 2008 RE: Council Vacancy In response to your request, I have attempted to answer some questions regarding the appointment process to fill a vacancy on the City Council. uestion 1. Upon the creation of a vacancy, may the Council leave the position vacant until the holding of an election? No. State statute requires that a vacancy in an office shall be filled by Council appointment. Regardless of when a vacancy occurs, the Council must appoint a replacement. uestion 2. Does the City Council have any control over the timing of the creation of a vacancy on the City Council? No. The decision as to when, if at all, a member chooses to resign from the Council rests with the resigning member. No resignation is effective until a written notice has been delivered to the City Council. As noted earlier, any resignation results in an appointment. uestion 3. If a vacancy occurs the first day of filings of affidavits of candidacy for the general election, does the Council have the ability to hold a special election to fill the unexpired portion of the term and if so, can the special election be at the general election? First, it is important to note that the statute governing a vacancy expressly states that the Council need not hold a special election if a resignation occurs after the first date to file affidavits of candidacy. The answer to the first part of the question rests upon the reconciliation of the state statute dealing with the filling of the vacancy and the state statutes dealing with primaries. Eagan, by ordinance, adopted the use of a municipal primary for the purpose of nominating elective officers in the year of a general election. Any Council candidate at the general election in November must file a candidacy in time to be eligible for the primary held in September. When the general election includes both two and four-year terms, a candidate must declare which position is sought. The candidate will be placed on the primary ballot according to the term sought. The creation of a vacancy requires the identification on the ballot of a "special election," that is an election of a council member for atwo-year term. When a vacancy occurs after the start of the filing period; the only positions available are four-year terms; there is no two-year term available. It is our opinion that without the existence of a two-year term of office prior to candidate filings for the primary ballot, the subsequent creation of a two-year term cannot be placed on the general municipal ballot in November. Thus, an election to fill the remaining term of a member who resigns after the first day of filing for the primary cannot be held the same time as the regular city election. The answer to the second part of the question is found in the statute regarding a council vacancy wherein it is stated that the council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. It is our opinion that this provision does allow the Council to hold a special election at a time other than the general election to fill a vacancy that is created after June 30, 2008. In order to hold a special election the City Council would first need to adopt an ordinance and then conduct an election at a time other than November 10, 2008. The need to hold the election on a different date than the general election is due to the necessity of a primary. ~~ City of Ea~a~ Mema TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR MILLER DATE: JUNE 6, 2008 SUBJECT: OPTIONS FOR FILLING COUNCIL VACANCIES Per your request, I sent an a-mail to the Minnesota City/County Manager's Association (MCMA) list serve to gather examples of processes used by other cities and counties to fill vacancies on City/County Boards. The following are examples of processes used by cities and counties that responded to the survey question. City of Apple Valley Recently the City of Apple Valley made an appointment to the Council. After a two-week period for the filing of applications and following a 20-minute interview by the Council of each of the applicants, the Council placed all of the applicant's names as candidates on a ballot. The ballot consisted of nine candidates. The members were then asked to vote for five candidates. In order to remain on the ballot for the next round, a candidate must have received at least three member's votes. Following round one, four candidates remained on the ballot. Round two required the members to vote for three candidates, one less than the remaining number on the ballot. This was the process to be used in the remaining rounds; however, after three rounds of balloting, the Council had reduced the candidates to one whose name was then publicly identified. A member of the Council then moved for the appointment, which motion received a second and was voted unanimously in favor. This process has been used by the Apple Valley City Council at least three times in the past fifteen years. City of Roseville • The Roseville City Council just completed the task of filling a Council vacancy due to a death. • The Council generally used the process they employ for Advisory Commissions, with a short period for submission of applications (with some standard application & background questions) to be considered, interviews of all candidates by the full Council (videocast live & re-run), then selection of one of the candidates to fill a 6 month term. ~r Options for Filling Council Vacancies June 6, 2008 Page 2 • For Commission appointments, they usually use a "select top three" form/process to narrow down the pool and see if there is any consensus -which may have to be done more than once. • For what it's worth, there was considerable discussion about having this appointment be one of a "caretaker" nature, given the short term before November election for the seat, and the majority chose someone who stated publically that he will not seek the seat. This was important to Councilmembers who didn't want the Council to be viewed as giving an advantage to one person in the fall election. City of Lakeville (this same~rocess was utilized in numerous other cities, including Waconia and Rochester) The Council chose to advertise the vacancy, collect applications, interviewed those candidates who applied and appointed one person at a regular Council meeting (upon motion, and adoption by the majority of the Council-at least three members) . Attached is the more detailed process used by the Cityof Lakeville. Cityof Staples • The Mayor was elected from his Council position in November, and subsequently vacated his seat. • The City placed an ad in the paper, collected applications, and conducted interviews by a designated committee, which consisted of the Mayor, Mayor Pro- tem, and another councilmember. • The committee made a recommendation to the Council for approval. Cityof Cry Crystal advertised the vacancy, collected applications, and the Council then decided on the top four persons, who received interviews. The Council then appointed one of the four who received an interview. City of Becker • The most popular approach taken was an interview process with council members interviewing applicants. • Another time, the Council appointed a previous council member who was no longer on the Council. • A neighboring Council once filled a vacancy on the Council by appointing the person who ran on the previous ballot and had the nearest votes to be elected (it was noted, that this process caused some concern in the community.). ~a Options for Filling Council Vacancies June 6, 2008 Page 3 City_of South St. Paul • When a vacancy exists, the City accepts applications from any interested resident. • The City Council then meets to discuss the applicants. At a regular council meeting they have a set process of voting for top three, then top two, then the top one. City of Stillwater • The City Council had an application process for those interested in serving. • They then conducted interviews of each applicant over two nights. The interviews were open to the public, and according to staff, numerous residents attended the interviews. • All applicants received the interview questions in advance of their interview. • The interviews were aired on cable access because a resident privately funded the taping of the meeting. • The City Council voted on their choice of applicant at the following regular meeting. • There was a 2-2 tie when each Councilmember simply voted for one person. As a result, the Councilmembers were each asked to rank their top three candidates (lsc choice received 3 points, 2"d choice received 2 points, and 3`d choice received one point). The person with the most points was then appointed. City of Otsego • Otsego does not have a written policy but their "unwritten" policy is as follows in terms of giving priority to anyone interested in filling a vacancy. 1) Their first choice was to appoint a former Councilmember or Mayor so that they would need less of an orientation period. 2) Their second choice was to appoint a City Commissioner who was at least somewhat familiar with City business as long as that person was seriously considering running for an additional term.. That way the Council would feel that the time spent to orient the person was not wasted. 3) Their third choice would be to appoint someone without any experience as long as they were seriously considering running for reelection when their term was up. • They solicited people who fit the first and second categories. They did not open the position up to applications from the general public, but if anyone, even unsolicited, indicated interest, they did consider them. City of Shoreview • The Council first adopted a resolution declaring a vacancy on the Council. Then they accepted applications for the vacancy over a two week period. 4 Options for Filling Council Vacancies June 6, 2008 Page 4 • They had 10 applications in the current process, but the previous time they had a vacancy, they had about 25 applications. The Council then narrows down the number of applicants they would like to interview. They narrowed the list at a council workshop meeting where the Council discussed the candidates and by consensus, selected the candidates that they wanted to interview. • The Council narrowed the list because they wanted to conduct at least a 30 minute interview with each of the candidates. They did not want to conduct 10 or 15 minute interviews with all the candidates because they wanted a more in depth discussion to get to know the candidates and make a more informed choice. • The Council then places the item on a regular council agenda for a formal vote on the candidates. City of White Bear Lake • The White Bear Lake city charter requires a special election if more than six months remains in an unexpired term. However, for vacancies of less than six months the City Council has invited former elected officials to apply for appointment if they agreed not to seek re-election when the term ended. • The thought being that they were once selected by the voters, they knew the responsibilities and duties of the office and the city council would not be granting the appointee an incumbent advantage when the appointment term expired. The council then interviewed the applicants and made the appointment. • The process has been well received and worked well in the opinion of everyone who commented publicly. Examples_provided bey Administrators from previous experience in other communities • Announce the vacancy, create an application, and encourage any interested resident to apply for the position. The Council then does an interview of the candidates, and thereafter votes on who to appoint. State Statute provides that if there is a tie vote, that the mayor can then select any resident he/she wishes to fill the vacancy (including persons who have not applied). However, some City Councils have chosen to set some ground rules at the beginning of the process, including that there shall be three rounds of ballots to gain at least a 3-1 vote before the mayor may exercise his/her authority to pick the resident to fill the vacancy. The council may also wish to agree that the mayor may only choose from those who have applied for the position. • At the council meeting, the mayor calls for nominees. One or more council members makes nominations (no second is necessary). Mayor announces a slate of nominees and asks if there is a motion for appointment. A member would then make a motion for an appointment. Upon the receipt of a second, a vote would be taken. A majority in favor would constitute an appointment. A vote that resulted in a tie would require the mayor to make the appointment. A majority against would lead to another motion in favor of a different nominee. /~ Options for Filling Council Vacancies June 6, 2008 Page 5 If you need any further examples of processes used by other communities to fill Council vacancies, please let me know. /s/ Dianne Miller Assistant to the City Administrator ~~ Options for Filling Council Vacancies June 6, 2008 Page 6 Lakeville City Council Vacancy Process 6-7-07 DRAFT Task Completion Target Press release announcing resignation, effective August 6 Week of June 4 Council establishes process for filling position: Week of June 11 1. eligibility (statutory provisions) (work session) 2. criteria/qualifications discussed 3. application process (application form, affidavit of candidate form, letter of interest)(disclosure form?) 4. Time frame for accepting applications 5. Interview date/time Announcement of Process for filling the position Week of June 11 ost-work session Application materials prepared Week of June 11 Advertisements: Weeks of June 11 & 18 1. notice published in Messages 2. letter to board and commission membership lists 3. posting of information to website and cable 16 Materials sent to applicants Weeks of June 11, 18 & 25 Application deadline July 2, 2007 Council review of applications Week of July 2 Week of July 9 (work Select/notify applicants for interviews session) Candidate information session w/Administrator & Staff Week of July 9 Interview applicants Week of July 16 Select appointee Week of July 23 s ecial meetin Appointment to Council & Oath of Office August 6, 2007 ~~