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City Council - 09/21/1999 Address before the City Council Forum, September 21, 1999 by Gerry Beckmann, PROP Director Thank you for this opportunity to come to this Forum. I wanted to come two weeks ago, but was told that because the mayor would not be in attendence it would be better to come tonight. I always thought that Wolf Penzel's Saturday Open Office Forum was a positive com- munication tool, and I would visit with him at least twice a year, during those years. I have always been proud of being a resident of Eden Prairie because I have believed our city government has been pro-active with Human Service needs and the requests of our chang- ing population. Since you have begun restructuring and reorganizing city boards and commis- sions, I have tried to keep informed of these changes. I am confused on the restructuring for Human Service needs for the city of Eden Prairie. I don't understand where Eden Prairie Human Services are included in the new organizational chart . . . Intergovernmental? . . . Program Support? . . . Staff Responsibility? . . or Eden Prairie Familink Advisory Council? Where and how are the Human Service needs of Eden Prairie residents going to be addressed in this new format? With the restructuring of commissions,how would Human Service issues be brought before city government. Such as: Are Eden Prairie residents being fully served by Hennepin County Public Health Services? Or, would Eden Prairie citizens be better served by Bloomington Public Health Services? Should there be a needs assessment? PROP does not have the time nor the ability to do a needs assessment. Should the Eden Prairie Housing, Transportation, and Human Services Commission have done that needs assessment? When I spoke to David Lindahl about this issue,he said they did not see a need for a needs assessment, nor did they have the time to investigate it. This issue must not be forgotten. Now, how will this issue be addressed? Another issue is the immigrant population living throughout Eden Prairie. When the Russian population had a paid advocate at Prairie Meadows, funded by Family and Children's Services, we heard about the needs of the Russian speaking immigrants at that com- plex. But we didn't hear anything about the Russian speaking immigrants' needs throughout Eden Prairie or at Briarhill, where a large number of immigrants also live. Now the Russian speaking advocate has moved on, and Family and Children's Services has funded a Somali advocate at Prairie Meadows. The advocate knew about the city's funding process and had written a grant proposal with the help of Family and Children's Services, and received$15,000. When I asked, what about the entire immigrant population of Eden Prairie and their needs and barriers to services, I was told, "They didn't ask for funds." Of course not,because they don't have a paid advocate. They didn't know how to organize. Nor did they know that they could come before the city with a grant proposal. Is this setting up in our city, another form of the "have and have nots"? PROP's view of the immigrant challenges in Eden Prairie are city wide, and I think that also should be the city's view. Who will address this concern? page 2 It is my understanding that the city may be proposing to take their grant funding process to the Eden Prairie Familink Advisory Council and add this responsibility to their duties. Should one member of the Council be allowed to unload some of its major responsibilities on this membership? What if PROP chose to do that or if the Senior Center decided to do the same. After all the city is just one member of this Council. Should Hennepin County Public Health and Family and Children's Services have a voice in how and where Eden Prairie funding is directed for Human Services? PROP has a representative on the Eden Prairie Familink Advisory Council. This Council has about $400,000 that they are responsible for distributing in the community. That process takes at least 3 months. In just one year, I believe that system has become ingrown. Please remember that PROP doesn't write for grants, so this is not a PROP funding issue. We depend on people understanding our needs and donating to us. The Eden Prairie Familink Advisory Council funding last year went to many of the very agencies that are represented on their Advisory Council. This in my view, becomes an ethical situation. The people representing the Advisory Council for their agency may abstain from voting, but they have been involved in cri- tique-ing the proposals. This method may be creating a system which is not impartial or equi- table for future grant distribution. If it is going to be the Eden Prairie Familink Advisory Council, then the mission and structure of the Advisory Council in my estimation will need to undergo a lot of work redefining of their roles and the entire membership of that group needs to understand that new mission and purpose. That is why I bring these concerns before you. I am sorry I do not have a plan. I do not have the answer. Please tell me how Human Services needs will be addressed under this new restructuring process. cc: Mayor Harris Chris Enger City Council Members David Hondlick, Chairperson, Eden Prairie Familink Advisory Council Nancy Holden, Director of Eden Prairie Familink Rod Anderson, Chairperson, PROP Board of Directors APPROVED MINUTES EDEN PRAHUE CITY COUNCIL TUESDAY, SEPTEMBER 21, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, 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 Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under XII. A. REPORTS OF COUNCILMEMBERS. Butcher- Younghans postponed her report under XII A. on the Eden Prairie Foundation. Enger removed Items V. E, G, and H under CONSENT CALENDAR. Enger added Item XII. D.1. Explanation of Purchase Agreement for Lincoln Parc. MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 5-0. A. VIEWING OF CLIP FROM VIDEO,"COOL WATER" Mayor Harris said the "Cool Water" video was shot in Eden Prairie using local volunteers and City staff. The video focuses on storm-water runoff and non-point source pollution prevention in your yard. It is being shown on Paragon Cable during September, October and November, as well as at the Environmental Learning Center for viewing by students. Mayor Harris thanked Jeff Strate, who produced the video, for donating his time and the students for their participation. The Environmental and Waste Management Commission developed the idea of producing a video for use at the Environmental Learning Center that would focus on local issues and use local volunteers. A representative of the Environmental and Waste Management Commission introduced those in attendance who were in the video and officially presented the video to the Council and the City. CITY COUNCIL MINUTES September 21, 1999 Page 2 IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 1999 Case made a correction on page 7, which should read "Case said he is happy to see that the farm building on the site is there and will be preserved." Butcher- Younghans said the name of the proponent of the Lincoln Parc project, on page 9, is Jack Brandt. Case made a correction to the second sentence on page 12, which should read "Case agreed it wouldn't be necessary for John Gertz to take the photographs,but would still require his time to coordinate the effort." MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the City Council Meeting held Tuesday, September 7, 1999, as published and amended. Motion carried 4-0, with Mayor Harris abstaining, as she was not present at that meeting. B. CITY COUNCIL WORKSHOP/FORUM HELD TUESDAY, SEPTEMBER 7, 1999 MOTION: Butcher-Younghans moved, Tyra-Lukens seconded, approval of the City Council Workshop/Forum held Tuesday, September 7, 1999, as published. Motion carried 4-0, with Mayor Harris abstaining, as she was not present at that meeting. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CROSSTOWN CIRCLE CENTRE—REMOTE PAREING Request by Finn Daniels,Inc. 2nd Reading for a Planned Unit Development Concept Amendment on 12.42 acres,Planned Unit Development District Review with waivers on 25 acres,Rezoning from C-Hwy to Office on 2.5 acres, Site Plan Review on 2.5 acres and a Preliminary Plat of 2.5 acres into one lot. Location: Southwest corner of Crosstown Circle and Flying Cloud Drive. (Ordinance No.25-99-PUD-19-99 for PUD District Review and Rezoning and Resolution No. 99-170 for Site Plan Review) C. ADOPT RESOLUTION NO. 99-171 APPROVING FINAL PLAT OF CROSSTOWN CIRCLE ADDITION D. ADOPT RESOLUTION NO. 99-172 AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM E. ADOPT RESOLUTION AMENDING RESOLUTION NO. 98-213 FOR REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES CITY COUNCIL MINUTES September 21, 1999 Page 3 F. ADOPT RESOLUTION NO. 99-173 AUTHORIZING DISPOSAL OF TAX FORFEITED LAND,AUTHORIZE SUBMITTAL OF APPLICATION TO HENNEPIN COUNTY FOR GLENSHIRE OUTLOT A AND AUTHORIZE EXECUTION OF CONSERVATION EASEMENT AGREEMENT G. APPROVE REVISION TO SECTION I OF EDEN SHORES TAX INCREMENT PLAN FOR TAX INCREMENT DISTRICT#15 H AUTHORIZE EXECUTION OF PROJECT MANAGEMENT AGREEMENT FOR THE EDEN SHORES PROJECT I. AUTHORIZE SIGNING OF WINTER USE PERMIT WITH HENNEPIN REGIONAL PARKS FOR LRT WINTER USE J. AWARD BID FOR RILEY LAKE PICNIC PAVILLION AND PLAZA K. REJECT BID FOR RICHARD T.ANDERSON CONSERVATION AREA RETAINING WALL L. ADOPT RESOLUTION NO.99-174 APPROVING NEW DATE, DECEMBER 13, 1999,FOR THE TRUTH IN TAXATION RECONVENED PUBLIC HEARING MOTION: Thorfinnson moved, seconded by Case, to approve Items A-L on the Consent Calendar,with Items E, G and H deleted. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote,with Butcher-Younghans, Case, Thorfinnson,Tyra-Lukens, and Harris voting"aye." VHI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS AND COMMISSIONS Enger presented a draft of the ordinance amending the City Code to reflect the recent organizational changes to Boards and Commissions. This draft can be changed between the first and second reading of the ordinance. Because the structure of Boards and Commissions had not been reviewed in the last 25 years, Council directed that this be done. For the past year a task force, including Councilmembers Thorfinnson and Butcher-Younghans, the City Manager and the Management Services Director, has been gathering information, reviewing the existing commission charter statements, and making recommendations to the Council for clarifying the roles and responsibilities of Boards and Commissions CITY COUNCIL MINUTES September 21, 1999 Page 4 that would reinforce the public involvement process, recognize the value of the existing Commissions and Boards,provide for a balanced review of items coming before the City, and align the reports of these Boards and Commissions with Council's mission and values and strategic initiatives, as a part of the recently completed strategic planning process. This process began with community forums in November 1997 in which information was gathered from 100 residents selected from a cross-section of the community in the seven key subject areas, and out of this came community values that the Council used over a lengthy process to develop the vision and values of the Council and the Strategic Plan. The new structure was presented to all Board and Commission members last spring and the task force received input from them. Many commissioners felt they needed to see where their commission sat in the big picture and that there needed to be a coordinated effort and better communication between the commissions. The chart of the proposed organizational structure was shown. The City Council would have two main Boards reporting directly to it: a Community Planning Board and a Leisure and Communication Board. Under the Community Planning Board would be the Board of Adjustments and Appeals, the Board of Review and the Heritage Preservation Commission, all of which have statutory responsibilities. Under the Leisure and Communication Board will be four advisory commissions with program responsibilities: Human Rights and Diversity, Environmental Education, Art/Culture, and Parks and Recreation. Intergovernmental bodies that report to the City Council, including the Flying Cloud Airport Advisory Commission and the Southwest Metro Transit Commission,remain unchanged by the restructuring. Case requested that the Council review this reorganization a year from now at a Council Workshop to discuss with Commission chairs how it is working. Also, he doesn't want to limit access of advisory commissions to the Council. If a Commission wants to talk to the Council, there could be a special Workshop for discussion with that group. Regarding the Heritage Preservation Commission, he would like to make sure the HPC is continually involved in an advisory capacity in carrying out activities on their behalf, such as Sunbonnet Day. Mayor Harris said the Council would review the reorganization a year from now. Thorfinnson said having two Boards reporting directly to the Council allows those two Boards to meet with the Council,but does not preclude a group from coming before the Council. He believes it would be too time-consuming to meet with each Commission and Board once a year. Tyra-Lukens suggested that the phrase "upon request" be dropped from the paragraph on page 4, under Subdivision 2, Duties and Responsibilities. Enger said page 4, Subdivision 2, says,in effect,that the work of the commissions is to be directed by the City Council. Commissions are established for the purpose of.giving advice to the Council when it asks for advice on certain items. CITY COUNCIL MINUTES September 21, 1999 Page 5 Work direction comes from the City Council. Commissions can appear at City Council meetings under "Reports of Advisory Boards and Commissions" and request permission to go ahead with an idea. The Council would then direct them when or whether to go ahead. Case said the primary responsibility of the Commission is to do work but also it represents the City on some occasions and brings feedback to the Council from the community. He wants to keep the lines of communication open. Mayor Harris added that another important function of the Leisure and Communication Board was communication in addition to the integration of the work of all committees and commissions to support the city's direction and strategies for the future. Tyra-Lukens said, in light of the Council Forum that night regarding the dissolution of the Housing, Transportation and Human Services Board, Council will have to give an explanation of how human service needs will be dealt with, on second reading of this ordinance. Mayor Harris directed Staff to prepare a memo on this matter. MOTION: Thorfinnson moved, Tyra-Lukens seconded, to approve First Reading of the Ordinance amending City Code Chapter 2 relating to Boards and Commissions. Motion carried 5-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPEAL ON A CONDITION RELATED TO BOA ACTION ON VARIANCE NO.99-14 FOR MATTIS AUTO Enger reported the Board of Adjustments and Appeals conditioned the approval of the impound lot for a five-year time frame unless it continues as a City related impound lot or until redevelopment of the area occurs. As Matt Strobel objected to the five-year time frame, Staff recommended that Council make changes as requested, so that item (f) of the conditions would be amended to read: "The variance approval for outside storage of impounded vehicles continue as long as the site is used as a City related impound lot or until redevelopment occurs." Strobel said a time limitation was unacceptable to him. In addition, even if the City does not use it for storage of impounded vehicles, he would like to use the site for commercial towing until the area is redeveloped. Case believes the new wording is still confusing, as it still contains the words "City related impound lot"and offered the following. MOTION: Case moved, seconded by Tyra-Lukens, to amend item (f) of the Board of Adjustments and Appeals Final Order as follows: CITY COUNCIL MINUTES September 21, 1999 Page 6 (f) The variance approval for the outside storage of vehicles continue as is until the property is redeveloped. Discussion followed. After various options were considered, Case and Tyra-Lukens withdrew their motion. MOTION: Thorfinnson moved, seconded by Case, to amend item (f) of the Board of Adjustments and Appeals Final Order as follows: (f) The variance approval for outside storage of vehicles continue as long as the site is used as a towing and auto service business or until redevelopment of the property occurs. Motion carried 5-0. B. REPORT FROM ENVIRONMENTAL AND WASTE MANAGEMENT COMMISSION John Blankenship, Chair of the Environmental and Waste Management Commission, said the Commission has been working on a number of projects in 1999. The following are in the process of finalizing: • Comprehensive Wetland Protection and Management Plan, and the Local Drainage Plan Update—due to be completed in October/November 1999 • Native Plant Ordinance — Draft completed, undergoing staff review, and awaiting Council and staff input regarding individual issues within the ordinance • Environmental Fair 2000—Preliminary Planning The following are continuing tasks: • Local Water Management Plan Citizen Advisory Panel — due to start in November 1999,preliminary planning to be done by staff • Groundwater Protection Plan Citizen Advisory Panel—due to start in 2000 • Community Outreacb/Educational Presentations - Future Articles or Educational materials for the City's Web Page on Environmental Topics - Environmental Quality Award - Series of articles for the Sun Current - Video Production(next video proposed for 2000) - Coordination with the Watershed Districts — includes development of a "Green Award" for residents or businesses with exceptional quality native plant landscaping in conjunction with the Riley-Purgatory-Bluff Creek Watershed District • Environmental Learning Center—Staff working with School District and other organizations to expand offerings and attract more students(over 1,200 students visited in 1998/99) • Recycling and Solid Waste Collection: CITY COUNCIL MINUTES September 21, 1999 Page 7 - Spring Cleanup (June 2000) - Recycling Green Pages (Development to begin in 2000) - Recycling Classes (Spring 2000 for elementary students or when requested) • Environmental Fair(Spring/Summer 2000) • Proposed Fertilizer Ordinance to include residents in the no-phosphorus requirement Mayor Harris said she was very impressed with the amount of work the Commission has done over the past year, and every member deserves accolades for their service to the community. She received their report on the part of the Council and directed Staff to prepare recommendations on work completion under the new Board and Commission structure. M. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mayor's Proposal for Appointments for Transition Planning Board Mayor Harris, Staff and Council have been deeply involved in the realignment of Boards and Commissions and have sought input from community residents. They have incorporated residents' concerns and have developed guidelines for the transition. The realigning of Boards and Commissions should further enhance and support the efficiency of City services. In order to meet the Community Planning Board goal of providing for a "balanced review of development proposals and land use requests", it is proposed that the initial Community Planning Board representation be based on current members of the Planning Commission (4); Parks and Recreation Commission(2); Housing, Transportation and Human Services Board (2); and the Environmental and Waste Management Commission (1). This makes a total of 9 current members for the initial Board, which will provide for continuity during the transition, integrate current commissioners' knowledge to provide a "balanced review", take advantage of commissioners' experience, make changes more manageable, and provide for one orientation for all Board and Commission members in the spring of 2000. Mayor Harris recommended the new Community Planning Board membership, and recommended making the appointments at the first City Council meeting in October. Thorfinnson inquired if those members whose terms expire in March 2000 would be asked to serve until March 31, 2000, and then ask those people CITY COUNCIL MINUTES September 21, 1999 Page 8 to stand for reappointment. Mayor Harris replied that is correct. MOTION: Case moved, seconded by Butcher-Younghans, to accept Mayor Harris's recommendation for membership in the new Community Planning Board. Motion carried 5-0. 2. Selection of Proposed Name for"Leisure and Communication Board" It has been recommended that this proposed name be changed. The four options listed were: • Communications Board • Community Program Review Board • Community Program and Communications Board • Program Review Board Another option was suggested and considered: • Community Program Board MOTION: Thorf mson moved, seconded by Case, to change the proposed name of the"Leisure and Communication Board"to "Community Program Board." Motion carried 5-0. 3. Workshop on Council Forum Case reminded Council that when the new Council Forum format was established, it was to be reviewed after six months. Case requested that time be designated at a future Council Workshop to revisit the usage of the Council Forum, how to improve it and how to increase opportunities for more feedback from residents. Mayor Harris asked Enger to schedule this discussion for a future Workshop. 4. Preservation of Historical Houses Case said the City owns three historical houses, all of which are badly in need of repair and restoration. Money has not been budgeted by the City for this work. He requested a plan be established to determine what repairs are needed by each house, together with an estimated cost, and then look at this information in context of the City's budget. Enger said Staff would return with a comprehensive maintenance plan for the three historical houses. Responsibility for these houses is now being transferred from Parks and Recreation Services to Community Development. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR CITY COUNCIL MINUTES September 21, 1999 Page 9 D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Explanation of Service Agyreement with Lincoln Pare Development Uram explained that Hartford Financial Services was expected to close on the Lincoln Parc development on September 22. He requested approval of two 30-day extensions so Hartford can find the money necessary to close. Uram said Hartford would be charged $10,000 per month, which is approximately the amount of interest the City will be losing over this time period. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve an extension of two 30-day periods for closing on the Lincoln Park Development. Motion carried 5-0. 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 3aH. OTHER BUSINESS A. COUNCIL FORUM INVITATION Council Forum will be held the first and third Tuesdays of the month from 6:30- 6:55 p.m. in the Training Room. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. Mayor Harris stated if you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Mayor Harris adjourned the meeting at 8:35 p.m.