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City Council - 10/02/2001 APPROVED NUNUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 2,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Hams called the meeting to order at 7:05 p.m. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in Heritage Room H. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. PROCLAMATION OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH Mayor Harris proclaimed October as Domestic Violence Awareness Month in Eden Prairie, urging all individuals to become aware of the effects of domestic violence on families and the community. The proclamation encouraged residents to support Cornerstone's programming and become involved in the effort to end domestic violence. V. PRESENTATION OF EDEN PRAIRIE MURALS Heather Olson, the project leader on the Eden Prairie Mural Project, said this program came out of the Eden Prairie schools,but has now become a community effort. Five core values were identified by students, staff, parents and residents: Caring, Honesty, Integrity, Respect and Trust. Ms. Olson showed a video, in which a number of people stated what each of these values meant to them. People were asked to express the meaning of these core values through the arts or through a service project. Ms. Olson said students' work will be on display in the schools in December, and in January the City residents' work will be on display in the City Center for"Art on City Walls." CITY COUNCIL MINUTES October 2,2001 Page 2 Ms. Olson explained that the project includes having each of the five core values made into painted mobile murals. The work would be done at the Eden Prairie Center between January 7 and February 28, 2002. All City residents were invited to participate in this work. On March 10, 2002,the murals will be unveiled at the Eden Prairie Center. Hilary Frye, a member of the strategic committee working on the mural project, said the first phase of expressing the core values was to create basic marketing materials. The second phase will be a more meaningful way of expressing these values through creation of five murals by City residents, along with professional muralists from the Fresco Community Outreach Program. The committee has been working on this partnership and project for two years. They have received funding from the Eden Prairie FamiLink Advisory Council and the K-12 Parent Involvement Advisory Council. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item XII.A. Statement Regarding the Separation of the City Manager. Butcher added Items XV.A.l. Changes at FamiLink and Hennepin South Services Collaborative, and XV.A.2. Update on Morraine WU Pond. Mayor Hams added Item XV.A.3. Statement of Support for Victims and their Families in New York and Washington,D.C. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18,2001 Mosman made an addition at the end of the first paragraph on page 3, as follows: "There may be a question on golf courses, because the most recent FAA directive was to discourage golf courses and agricultural uses in the RPZ at all airports." Mayor Harris asked for clarification of a statement on page 2, the fourth sentence in the fifth paragraph. Mr. Lambert clarified it to read, "Lambert said this totals about$134,000 per year over five years, for a total cost of$670,000." MOTION: Butcher moved, seconded by Case, to approve the minutes of the Council Workshop held Tuesday, September 18, 2001, as published and amended. Motion carried 4-0-1,with Tyra-Lukens abstaining due to her absence. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18,2001 Mosman made a correction on page 1, under Approval of Agenda, which should read "Mosman added Items XIII.A.1. Star Mentor Program. Case made a correction on page 3, the second sentence in the sixth paragraph, which should read, ". . . . the developer would allow documentation and removal of artifacts from the log house on the property that are left there after the current occupants have vacated the premises and turned the property over to the developer." CITY COUNCIL AHNUTES October 2,2001 Page 3 MOTION: Case moved, seconded by Mosman, to approve the minutes of the City Council Meeting held Tuesday, September 18, 2001, as published and amended. Motion carried 4-0-1, with Tyra-Lukens abstaining due to her absence. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2001-150 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 5 ADDITION C. ADOPT RESOLUTION NO. 2001-151 APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 6 ADDITION D. ADOPT RESOLUTION NO. 2001-152 APPROVING FINAL PLAT OF ALM EDEN HEIGHTS ADDITION E. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR ADJUSTABLE SPEED DRIVES FOR WELLS NO.3 THROUGH 6 F. AWARD CONTRACT FOR RIVERVIEW ROAD STORM SEWER IMPROVEMENTS TO KOBER EXCAVATING,I.C. 52-157 G. AUTHORIZE MAYOR AND CITY MANAGER TO SIGN A MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION TO PRODUCE AN EDUCATIONAL CD-ROM ON RECYCLING H. APPROVE IMPLEMENTATION OF INTERIM IMPROVEMENTS TO THE PRAI= CENTER DRIVE/WEST 78 STREET TRAFFIC SIGNAL AND ASSOCIATED PAVEMENT MARKING MODIFICATIONS I. ADOPT RESOLUTION NO. 2001-153 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE J. ADOPT RESOLUTION NO. 2001-154 AWARDING CONTRACT FOR FLAGSHIP CORPORATE CENTER TEMPORARY ACCESS TO TECHNOLOGY DRIVE IMPROVEMENTS,I.C. 00-5517 MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS CITY COUNCIL AMWTES October 2,2001 Page 4 MOTION: Case moved, seconded by Mosman, to approve Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." M. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS A. Statement Regarding the Separation of the City Manager Mayor Harris said at the City Council's first meeting in September, the Council discussed how to provide a response to citizen questions concerning the circumstances that led to the former city manager leaving employment with the City. The Council asked that she prepare a statement that addresses citizen questions to the extent that it is allowed under Minnesota law to discuss such matters. Mayor Harris said she prepared such a statement and was releasing it that night. It was not her intention to read the statement. Rather, copies were available that night and would be made available to citizens upon request, and to the press. She said she had attempted within the confines of Minnesota law to address the questions that have been asked in the community. She was aware that her statement would not satisfy everyone, nor answer every question that some may have. However, as was stated at the Council's meeting on September 4, the Minnesota Data Practices Act severely limits what any public official or the City may say with respect to matters pertaining to present or former employees of the City. The law is there to protect the rights of everyone about whom the government collects information. Mayor Harris said that, as a public official, she must respect and obey the limitations set forth in the law. She believed this statement does that and addresses citizen questions and concerns. The statement from Mayor Harris is attached to the minutes as Exhibit A. X H. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Changes at FamiLink and Hennepin South Services Collaborative (HSSC)—Councilmember Butcher Butcher said FamiLink and the HSSC are undergoing another transformation. As the City Council representative, she has been attending meetings about what this change will mean to Eden Prairie. At a recent meeting there was discussion about the new model, which has been CITY COUNCIL MINUTES October 2,2001 Page 5 endorsed by the city managers and school superintendents in the four-city collaborative. Former Councilmember Ross Thorfinnson is acting as interim executive director and created this cost-efficient model for human services research,planning, and delivery in South Hennepin County. Butcher said this model has not come before this City Council, nor has the Eden Prairie FamiLink Community Council had an opportunity to work with the new model to try to figure out how,by supporting that model, the City can continue to meet some of the service needs in the community. Butcher said she would like to schedule an information session at one of the Council Workshops and invite Ross Thorfinnson to talk about the model, as well as Nancy Holden from FamiLink and Ron Harvey, chair of the Community Council. This will give the Council an opportunity to ask questions and discuss the proposed changes. Mayor Harris said this would be very useful, as she understood those changes would have a profound impact on how services are provided. Tyra-Lukens asked what has precipitated the need for a change. Butcher replied that for about one-and-a half years there has been a call for change. There have been a number of meetings to look at questions of efficiency and duplication of services. Services are being duplicated in the four cities that have FamiLink centers. They have to decide how to streamline the delivery system,which might mean centralizing part of it. Each community is responding differently to the new model, and Eden Prairie FamiLink is trying to figure out how it might be able to work with the model, which is efficient in terms of its financing piece, but still have something people recognize as FamiLink in Eden Prairie. Mayor Harris believed one important issue would be about accessibility to these services in the community, because many people do not own automobiles and would have great difficulty getting to a central location to access these services. Tyra-Lukens said one of the great things about FamiLink was that it brought services that had been centralized with Hennepin County out into the suburbs where people might not otherwise have access. Butcher replied that has been the biggest concern with the new model in each of the four cities. They hope to have both a streamlined model and maintain a presence with that service in the community. The success of Eden Prairie FamiLink has been demonstrated and supported. At the Council Workshop, Nancy Holden will be speaking to that, the Community Council will give its position, and Ross Thorfinnson will unroll the new model. The City Council can then make a decision on direction from the Council's perspective. CITY COUNCIL NI NUTES October 2,2001 Page 6 2. Update on Morraine Way Pond—Councilmember Butcher Butcher said a few months ago the City Council passed a resolution to evaluate why the Morraine Way pond has such a low water level, after receiving a petition from adjacent property owners. Eden Prairie does not have a hydrologist on staff, so they asked the DNR to look into this. The DNR tried to chart any pattern of decline and whether it could be attributed to Highway 212 construction. The DNR reported that at other times in history the pond has been low, so the low water level at this time was probably the result of natural causes. They suggested contacting the Riley-Purgatory-Bluff Creek Watershed District for assistance, and City staff has already done that. Bob Obermeyer is the engineer for the watershed district and said they will be reviewing what attributable factors there might be. Butcher asked if the City could send the petitioners that information when it is received. Dietz said the City mailed the report from the DNR to the adjacent property owners, and the City will also send the report from the watershed district when it is done. 3. Statement of Support for Victims and Families in New York and Washington,D.C.—Mayor Harris Mayor Harris read the following statement: The City of Eden Prairie hereby declares its deep sorrow for all the innocent victims of the atrocious terrorist attack on New York City, on the Pentagon in Washington, D.C., and against those traveling on the four airplanes involved. We acknowledge the heroism of those who acted with such courage,which may never be known,to dash into danger offering aid to others or even possibly preventing more carnage and destruction by the terrorists. We also offer our statement of support to all those families who suffered injury and loss in this unprecedented event in American history. The City of Eden Prairie encourages each and every citizen to take action by donating to any charity of their choice that is offering aid to the survivors of this outrageous assault on America. We must now focus on rebuilding the City of New York, the Pentagon, and our national sense of security. This United States is not just a building or buildings, but is in essence a vibrant nation of individuals striving to live out the basic American freedom to pursue life,liberty, and happiness. The City of Eden Prairie stands by the United States government in the search to find and immobilize those networks of individuals who plot harm against Americans and our way of life. CITY COUNCIL D'IINUTES October 2,2001 Page 7 Finally, the City of Eden Prairie assures its citizens that it has the necessary emergency plans in place and will seek to provide appropriate leadership and services if needed. Mayor Harris said the Council had a detailed discussion that evening at its Workshop prior to the City Council meeting and it was good to see how well this City responded after the attack on September 11. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Cedar Forest Park Acquisition Lambert said in order to meet the City's goal of providing a park within a half-mile radius of each neighborhood, a park is needed south of County Road 1 and west of the airport. This would be the last need for a fall neighborhood park, and would require 10-15 acres of usable land. Lambert said the Metropolitan Airports Commission (MAC) has acquired the City's first two priority sites and would be the first land-owner he would request authorization to talk to. Some of that property has been acquired for the purpose of resale with restrictive covenants on it, but he was sure those restrictive covenants would accommodate park use. The City should be able to buy the land at a lower price than MAC paid with the restrictive covenants, and have it in the center of the half-mile service area. A neighborhood park would be the best use of that land. Lambert asked for authorization to talk to property owners of potential park sites, starting with MAC. He will come back to the Council with options on what parcels would be for sale, willing sellers, what the costs might be, where the land would fit within the service area, how people would access them, etc. MOTION: Mosman moved, seconded by Case, to authorize staff to meet with property owners of potential Cedar Forest Neighborhood Park sites for the purpose of determining willing sellers, and park acquisition costs of potential sites. Motion carried 5-0. 2. Recommended Plan for Maintenance of Market Center Area Landscanin� Lambert said the Council requested staff to provide a plan for addressing the necessary maintenance of the landscaping material in the Market Center Area, which includes Technology Drive, Singletree Lane and Prairie Center Drive. He asked Stu Fox, Manager of Parks and Natural Resources, to explain the steps needed to expand long-term maintenance of this area. CITY COUNCIL MINUTES October 2,2001 Page 8 Fox said the City has put together a plan to renovate an area that has been neglected over the past few years. It has over 300 trees, 1000 shrub roses and 20 decorative planters. Various maintenance methods tried in the past several years have not worked. However, given some money and manpower, staff hoped to make this area look much better. Staff recommends that a full-time park maintenance employee be added to the staffing levels in 2002 to care for this area. Fox said certain trees are not growing well because they have suffered damage from salt spray. They would be replaced with trees that are more tolerant. He would like to remove other trees that have been hit and suffered damage as a result. MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the maintenance plan for Market Center Area as outlined in the staff report. Motion carried 5-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 7:55 p.m.