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HomeMy WebLinkAboutCity Council - 11/02/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 2, 1999 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councihnembers Sherry Butcher, 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 Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 8:00 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XII.A.1. SUBURBAN RAPE AUTHORITY AND SOUTHWEST CABLE COMMISSION MEETINGS. Thorfinnson added Item XII.A.2. I-494 CORRIDOR COMMISSION AND CMAQ GRANT APPLICATIONS. Enger added Item XII.B.Delivery_of Council Information Packet. MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 19, 1999 Butcher made a correction to page 3,the second paragraph, to read" . . .to protect them from encroachment by landowners." Case made a correction to page 6, the first paragraph, to read "Thorfinnson inquired . . ." and on page 8, the fourth paragraph,to read". approval of four out of five members, . . ." MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held Tuesday, October 19, 1999, as published and amended. Motion carried 5-0. CITY COUNCIL WUNUTES November 2, 1999 Page 2 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST 1. Resolution 99-198 Approving the Lawful Gambling Premises Approval for the Eden Prairie Hockey Association B. RESEARCH SECOND ADDITION by Starkey Laboratories. 2nd Reading for Planned Unit Development Concept Amendment on 13.13 acres, Planned Unit Development District Review with waivers in the I-5 Zoning District, and Preliminary Plat on 13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle. (Ordinance No. 36-99-PUD-27-99 for PUD District Review and Zoning District Amendment) C. OFFICE RIDGE CIRCLE SOUTH Request by Cluts, O'Brien, Strother. 2nd Reading for Planned Unit Development Concept Amendment on 8.87 acres to the overall 31 acre Bryant Lake Center/Lakeridge Office Park PUD, Planned Unit Development District Review with waivers on 8.87 acres, Zoning District Change from Commercial Regional Service to Office on 1.67 acres,Zoning District Amendment within the Office District on 7.2 acres, Site Plan Review on 8.87 acres, and Preliminary Plat of 3.85 acres into 1 lot, and 1 outlot. Location: Between Market Place Drive & Office Ridge Circle. (Ordinance No. 28-99- PUD-22-99 for PUD District Review and Zoning Change, and Resolution No. 99-199 for Site Plan Review) D. EDEN PRAIRIE MALL — VON MAUR Request by General Growth Properties. 2nd Reading for Planned Unit Development Concept Review on 80 acres, Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the Regional Commercial Service District on 10 acres, and Site Plan Review on 10 acres. Location: Eden Prairie Mall —East Side. (Ordinance No. 26-99-PUD-20-99 for PUD District Review and Zoning District Amendment, and Resolution No.99-200 for Site Plan Review) E. ADOPT RESOLUTION NO. 99-201 APPROVING FINAL PLAT OF OAKPARKE 1ST ADDITION F. ADOPT RESOLUTION NO. 99-202 APPROVING FINAL PLAT OF BRYANT LAKE CENTER 3RD ADDITION G. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR FARBERS H APPROVE AMENDMENT TO COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR TH 212-STAGE H CONSTRUCTION PROJECT I.C. 93-5302 (Resolution No. 99-203) I. APPROVE EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE USE OF EPDB ELECTRONIC MAPS (Resolution No.99-204) CITY COUNCIL MINUTES November 2, 1999 Page 3 J. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE PROJECT MANAGEMENT AGREEMENT — EDEN SHORES SENIOR HOUSING PROJECT K. APPROVE CONTRACT WITH MASYS CORPORATION FOR PUBLIC SAFETY RECORD MANAGEMENT SYSTEM AND COMPUTER AIDED DISPATCH SYSTEM L. SECOND READING OF AN ORDINANCE NO. 37-99 FOR A STREET NAME CHANGE FOR A PORTION OF KURTZ LANE TO ADDIE LANE MOTION: Butcher moved, seconded by Tyra-Lukens, to approve Items A-L on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. CHRESTOMATHY H by Chrestomathy, Inc. Request for Zoning District Change from Community Commercial to a Office Zoning District on 1.22 acres and Site Plan Review on 1.22 acres. Location: 7465 Eden Prairie Road. (Ordinance for Zoning District Change) Enger said official notice of this public hearing was published on October 21, 1999, in the Eden Prairie News and sent to 37 property owners. Mike Klein of M. Klein Companies, architect for the project, made the presentation. This property was originally developed in 1987 as a landscape nursery and rezoned to Community Commercial. They are requesting a zoning change to Office. The existing building would be expanded to approximately 9,582 square feet for use as an administrative office and classrooms for training disabled adults. The existing building is one story, residential in character, and the siding is a combination of brick, asphalt shingles and glass. Access to the site is from County Road 4, with right turns in and out, and also through Little Red's property. A new six-inch water line would be brought into the property to provide a fire-sprinkler system. The parking lot would be expanded to 41 spaces, with proof of parking for 49 vehicles. The setback for the building and parking area would be increased from 20 feet to 35 feet. As many as possible of the numerous mature trees on the site would be saved. There would be additional trees planted along the east line of the property to provide screening for the houses located there. An existing six-foot fence surrounds the property on three sides. This will be kept in place, and a variance has been requested to increase the height to eight feet to screen the property. In terms of traffic generated by this development, it would be less than that generated by a retail business. Klein asked that the City Council view this project as a favorable improvement to the community. Linda Moore, Founder and Executive Director of Chrestomathy, said Chrestomathy has been in business as a day facility for 15 years. The clients are developmentally disabled, not mentally ill, but are closely supervised. A lot of CITY COUNCIL MINUTES November 2, 1999 Page 4 them are employed in the community, at school cafeterias, restaurants and hotels. Fifteen-passenger vans are used to pick up the clients at their homes and then bring them to Chrestomathy. Those who are employed are then taken to their work sites, along with their supervisors. Mayor Harris inquired how many clients Chrestomathy is currently serving. Ms. Moore replied there are 42 at their Minneapolis site and 32 at their Bloomington location, as well as 4 at the Burnsville site. The Bloomington and Burnsville clients will be served at the new location. There will be 42 clients at the Eden Prairie site and about 28 staff members. Case expressed concern that the proposed courtyard on the site would not be large enough for outside activities. Ms. Moore explained the site would not be used for outdoor activities; the courtyard behind the building would be available for a client to sit and eat lunch, or for smoking by clients or staff. Most clients are busy all day doing work in the community. Case inquired if they have had clients wander off and get lost during the past 15 years. Ms. Moore said there have been very few, and they have been quickly located and brought back. If someone wandered outside there would be a staff person right behind him. They are required to file a report to their licenser about every incident. There has never been a negative licensing action taken against them. Butcher asked what is the ratio of staff to client, and Moore responded they try to maintain a staff-to-client ratio of 1 to 1.7. Uram said the Planning Commission voted 5-0 to approve the project at its September 27 meeting. The property is currently zoned Community Commercial but the recommendation is to change the zoning to Office which, long-term, would be more restrictive than Community Commercial. Mayor Harris asked if anyone wished to address the Council about this development. Jody Meyer, 16281 Westgate Lane, said she lives in the cul-de-sac behind the site. She is against this unique use of office zoning because it is really going to be similar to a day-care facility. She is not against diversity,but the houses are just a few feet away from this building. Realtors have told her it would be difficult to sell her house, which may be necessary. She believes the building should be in a more commercial location. Ms. Meyer would want to see an evergreen hedge and berm to'help screen the property,because windows will be facing the neighboring properties. Judy Newman, 16297 Westgate Lane, attended the Planning Commission meeting, and has several concerns. One is the increased traffic this facility would generate with their vans coming and going. There is a lot of foot and bike traffic, and a lot of children going to the park. She is not opposed to Chrestomathy coming to Eden Prairie, but not in this location, because of the residential nature CITY COUNCIL 1VIINUTES November 2, 1999 Page 5 of the area. There are children who may be alone in their homes and back yards after school and she doesn't feel certain they will be safe from the clients at the facility. There will be windows the clients can look out of to see the children playing in their back yards. Ms. Newman asked if something could be done to meet the request of the neighborhood to keep this site"low activity, low concern." She quoted the City zoning ordinance regarding Office zoning, which states "all business will be carried out within an entirely enclosed structure." Based on this, she believes the courtyard area would not be permissible. Adequate screening was requested to provide privacy and protect the value of their homes. Tom Newman, 16297 Westgate Lane, said he selected Eden Prairie as the location for his home primarily because of its school system. A local realtor told him his house would lose a great deal of its value if Chrestomathy were located nearby. Jerry Frost, 16292 Westgate Lane, said he had worked with developmentally disabled adults and understands the value of this type of program. His concerns are site lines and traffic. The height of the fence along the edge of the property drops down and provides only about 3 feet of screening from the neighbors at that point. Also this use of the property is a substantial change from the business that was there. Rick Ahmann, 6604 Golden Ridge Drive, said Metro Resources Unlimited, is located between his house and business. This is a similar day facility to Chrestomathy. There has never been an occurrence in the neighborhood from that facility, and he sometimes employs their clients to help at his business. He has handled the insurance for Chrestomathy for 15 years and has never had an incident reported or had to process any claims for them. MOTION: Butcher moved, seconded by Thorfinnson, to close the public hearing. The motion failed. Judy Newman requested, and was granted, an opportunity to speak again. She said the City Staff did not check with the police departments of the communities where Chrestomathy is located to see if any calls had been made to those facilities. The Staff only checked with Bloomington's Environmental and Health Board, and that office said they had not received any calls. However, the neighbors' concerns were with police calls. Newman called the Burnsville police, which had no calls this year but had two the year before. Bloomington police said they had received two calls this year. The Minneapolis police department said 35 calls had been received in the past year from the neighborhood where Chrestomathy is located, but did not know if any were for Chrestomathy. At the Planning Commission meeting, Linda Moore said a person escaped and got three blocks away before he was caught. Newman said, in a residential area, this could be a dangerous situation. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES November 2, 1999 Page 6 Mayor Harris asked for a description of the types of trees that will be used to screen the property from the residential areas, both existing and planned. Klein said the bulk of the existing trees are evergreen and most of the trees that will be planted would also be evergreens, with a height of 6- to 8 feet at the time of planting. Case asked how many trees would be planted and Klein pointed out the locations for six trees on the drawing. Case said this number could be increased with coniferous trees planted in double rows. Klein said the existing fence is totally opaque so there is no view through the fence. They intend to increase the height to 8 feet and then add landscaping that is higher than 6 feet. Case recommended building a berm,putting a new, 8-foot fence on top of the berm and planting conifers along the berm. Klein said at the Planning Commission meeting traffic was discussed in general terms. Eden Prairie Road and Valley View Road were designed for this type of traffic. With Chrestomathy clients being brought to the site in vans, there should be no concerns about increased traffic. Tyra-Lukens said she agreed with neighbors about the need for screening and berming. She wondered if the windows in the back of the building could be smaller in size, in order to make neighbors more comfortable about having windows facing their properties where children may be playing outside. Klein responded he believes screening and a fence would be more appropriate; however, he agreed to look into smaller-size windows. Mayor Harris said she believes window light is very important to the well-being of those inside the building, and that appropriate screening from the neighbors is the key. Tyra-Lukens suggested putting screening around the patio and closer to the windows. Case said he agrees screening is the key. The group homes at the corner of Anderson Lakes Parkway and the Preserve have large berms strategically placed to screen them from the surrounding residential area. There are many creative ways of screening. Thorfinnson said he would like to see adequate screening rather than moving the windows around. He trusts City Staff to get that done between now and the second reading. Mayor Harris inquired how many trips would be made by the vans per day. Linda Moore replied six vans leave at 7 a.m. and come back with clients at 8:30 a.m. Then the vans leave again at 8:30 a.m. and return between 9:30 and 10 a.m. At the end of the day the process is repeated. Most staff does not leave the building for lunch. She believed there would be about 100 trips a day in and out of the building. Case said he wanted the residents who submitted a petition to know that he has read and studied the five issues on the petition. He understands the fear issue neighbors listed on the petition, but feels comfortable in saying that they do not have to be afraid of these developmentally disabled people. With regard to the CITY COUNCIL MINUTES November 2, 1999 Page 7 issue of building size,he said a nursery would involve a more intensive use of the property than this proposed office/school. Regarding the quality-of-life issue, Case believes this pertains to all people living in the area, including the developmentally disabled. Regarding the traffic issue, there would be less traffic generated than would be caused by other uses of the property. Case said he believes this is the right use of the property and, looking at the big picture, best for all the citizens of Eden Prairie. Mayor Harris said she would like to reassure the neighboring homeowners they don't have to be afraid of having this facility nearby. There are two of these types of facilities in her neighborhood and there has never been an incident. This is a resource, meeting the needs of persons in Eden Prairie. Mayor Hams said she supports this project, with fiirther attention being given to the screening to assure that residents feel they are adequately secure and free from unwanted sight intrusion. MOTION: Case moved, seconded by Butcher, to approve 1st Reading of the Ordinance for Zoning District Change from Community Commercial to Office on 1.22 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, and Council conditions to work with Staff on the issues of windows, parking, screening with evergreen trees, berming and a new, 8-foot fence. Motion carried 5-0. B. PROPOSED INCREASE FOR THE 3.2 BEER ANNUAL APPLICATION FEE & THE 3.2 BEER AND ON-SALE WINE INVESTIGATION FEE (Resolution No. 99-205) Enger said that official notice of this public hearing was published October 7, 1999, in the Eden Prairie News. Notices were mailed to all businesses that have licenses. Uram said Staff has compared the fees the City charges to comparable cities and recommends the following increases: 3.2 beer annual application fee—On-Sale from$50.00 to $500.00 3.2 beer annual application fee—Off-Sale from$10.00 to $100.00 3.2 beer investigation fee from$0.00 to $500.00 Liquor On-Sale—Wine investigation fee from$250.00 to $500.00 Thorfinnson asked how the City could justify going from $50.00 to $500.00 in one year. Even if the City is short compared to other cities,he believes it does not justify such an increase. Enger said the Staff has looked at a number of different processes and fees in the last year or two. The fee schedule has not been adjusted for 25 years, and now the City is far behind other cities that have moved their fees up incrementally. From this point forward, Staff intends to look at these fees on a regular basis so there wouldn't be such a big jump again. CITY COUNCIL MINUTES November 2, 1999 Page 8 Uram said that every year the City receives a license survey from the American Metropolitan Municipalities that lists all cities in the metropolitan area. Staff compared Eden Prairie's fees to cities with populations in excess of 25,000 and Eden Prairie's fees are much lower. Even though the percentage of increase being proposed is significant, the dollar increase is not. Thorfinmon said $500 is a lot of money, and asked why there is such a difference between On-Sale and Off- Sale. Uram replied the City is trying to maintain consistency with communities of similar size. Tyra-Lukens said those fees going to pay for compliance checks and are needed to cover the cost. She didn't believe the dollar increase is too much. Mayor Harris agreed with this. Thorfinnson suggested spreading the increase out over two or three years. Mayor Harris said she would prefer to make the increase now and then look at it on a periodic basis. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing and adopt Resolution No. 99-205 amending Resolution No. 98-213, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Motion carried, with Butcher, Case, Tyra-Lukens and Harris voting "aye", and Thorfinnson voting"nay." VH. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." VIH. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 4.08, REVOCATION, SUSPENSION OR FINE, RELATING TO BEER,WINE AND LIQUOR Police Lieutenant Rob Reynolds described amending the City Code to establish the following penalties. First Violation: $ 500 Second Violation: $1,000 Third Violation: $1,500,plus two-day suspension of license Fourth Violation: $2,000,plus a suspension of not less than 5 days nor more than 60 days, or revocation as determined by City Council Lieutenant Reynolds has seen the number of violations increase in the past few years. The Public Safety Department wants to establish specific penalties so they can more efficiently deal with repeated violations. CITY COUNCIL MINUTES November 2, 1999 Page 9 Tyra-Lukens asked if all the violations were for selling to minors. Reynolds replied they were primarily for selling to people 18-20 years old. Tyra-Lukens she liked the fact suspension of licenses does not have to come to the Council for action. Butcher said this is desirable because the penalties are set and there is no subjectivity to it. Case said the goal is to change the behavior of the licensees, and hoped this would be the result. Reynolds said that since 1997 the police have been informally visiting each liquor establishment once a month. They make at least two formal inspections a year, where they meet with the manager. There is at least one other unannounced visit, where they come in with a minor to see if a sale would be made to a minor. Butcher said that is very time-consuming and she commended the Police Department. MOTION: Tyra-Lukens moved, seconded by Butcher,to adopt 1"Reading of an Ordinance amending City Code Section 4.08, Revocation, Suspension or Fine, relating to Beer,Wine and Liquor. Motion carried 5-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS &COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) Tyra-Lukens reported on an award received by the Southwest Metro Transit Commission as Transit Server of the Year. El Tinklenberg, Commissioner of MnDOT, spoke at the presentation about a multi-faceted approach to solving transportation problems within the State. Southwest Metro Transit also received the Transportation Advocate Award from the Minnesota Transportation Alliance, partly in recognition of its leadership in the building of a new transportation hub. Mayor Harris congratulated the Southwest Metro Transit Commission on these awards. M. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. SUBURBAN RATE AUTHORITY AND SOUTHWEST CABLE COMMISSION MEETINGS (Councilmember Ronald Case) Case reported on the Suburban Rate Authority (SRA) quarterly meeting. One issue was resolved when a resolution was passed, on behalf of the 37 cities represented by the SRA, to provide energy resources for people who CITY COUNCIL MINUTES November 2, 1999 Page 10 are in need. Another item discussed was that NSP lost the case concerning whether or not they have to put electrical utilities underground when requested by a city. It was determined NSP is required to do this; however,NSP does have the right to bill customers for the cost of doing it, and that may give the City a negative image. Eden Prairie's participation in SRA includes an annual assessment to the organization of $3,200. However, Case believes it is worthwhile for the City to be a member. Case also reported on the Southwest Cable Commission's biannual meeting. The membership is made up of five cities in the Southwest Metro area. The Commission oversees the cable network. The franchise was formerly held by Paragon Cable, but Time Warner now has the franchise. Through franchise fees, the City receives over $250,000 annually for the general fund and pays a $5,000 membership fee to the Southwest Cable Commission. There are two legislative proposals to do away with franchises and have the State govern the entire telecommunications system. The franchises offer cable, as well as Internet access, etc. Telephone companies also offer these services and are not operated under franchises, so in that respect it would make sense for the State to govern the entire system. It would be a financial hardship for cities if this were to happen, however, because they would no longer receive franchise fees. 2. I-494 CORRIDOR COMMISSION AND CMAO GRANT APPLICATIONS Thorfinnson said the City of Eden Prairie, the Metropolitan Council, MnDOT, the I-494 Corridor Commission, Metro Commuter Services, and Southwest Metro Transit Commission are working together on a demonstration project in the Golden Triangle area in regards to Traffic Demand Management, and putting together a study to develop some incentives to alleviate traffic concerns. This would include additional infrastructure, such as high-occupancy vehicle (HOV) ramps leading directly out of the Golden Triangle area onto Highway 169 southbound or Highway 212 north. The I-494 Corridor Commission submitted applications for Congestion Mitigation Air Quality (CMAQ) funding for the years 2002-2003, in the amount of about $1.5 million, but were not sure where the twenty percent local matching funds required to obtain this grant would come from. The Transportation Advisory Board of the Metropolitan Council has taken a preliminary look at the applications and asked for additional information on where the twenty percent would come from. Thorfinnson discussed this matter with Chris Enger, after the Corridor Commission received a letter from MnDOT stating they would participate in the twenty-percent local match if the projects were approved. It is expected a public/private partnership would be formed among the interested groups, after the grants are improved. MnDOT suggested Eden CITY COUNCIL AlUiUTES November 2, 1999 Page 11 Prairie be the lead agency, although participation is anticipated from many different sources. A letter received from the City states that Eden Prairie would act as the lead agency in securing funding for the local 20 percent match and be the fiscal manager of that match. B. REPORT OF CITY MANAGER 1. Distinguished Budget Presentation Award Enger reported that the Government Finance Officers Association has awarded the City of Eden Prairie with the Distinguished Budget Presentation Award for the 1999 Budget. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. Mayor Harris said this makes three years in a row the City has received this award. 2. Delivery of Council Information Packet Enger said, if Council has no objections, Staff is going to try delivering the information packets by mail. Council would be receiving them on Saturday rather than Friday. Swaggert added that the employee who has been delivering packets has retired from the City. Since then, two different carriers have been used but have not been satisfactory. Mailing the packets will save the City about$1,100 a year. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Potential Expansion of Birch Island Park Lambert reported that Hennepin County has directed their staff to dispose of all excess county land, including approximately 34 acres of land north of Birch Island Road and west of Edenvale Boulevard, adjacent to the railroad line, which is the existing eastern boundary of Birch Island Park. Eden Prairie is exploring a number of options for purchasing the site. Lambert said the City Council is being asked to authorize the Mayor to send a letter to the County Board requesting the County delay in disposing of the property for two years. This amount of time would give the City an opportunity to explore possible grants that may assist the City in acquisition of this property. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to authorize the Mayor to send a letter to the County Board requesting the County delay disposing of the 34 acres of county-owned land east of Birch Island Park for two years. Motion carried 5-0. CITY COUNCIL MINUTES November 2, 1999 Page 12 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 1. Adopt Policy Relating to Licenses &Authorize Use of Letter of Intent and License Agreement for Commercial Communication Towers and Antennas & Adopt Resolution No. 99-206 Amending the Fee Resolution Pauly presented a policy to the Council that incorporates a Letter-of-Intent and a standard License Agreement for providers of wireless communication services. The City has had a number of applications for towers or antennas on City property and found it takes considerable time and effort to investigate and respond to these requests. Therefore Pauly said it would be appropriate to pass a resolution setting City fees. He also thought it appropriate to charge persons or facilities up front that want to investigate sites on which to attach antennas, and secondly to have a standard license agreement to streamline the process. MOTION: Case moved, seconded by Butcher, to adopt a policy relating to licenses for communication facilities; authorize the use of Letter-of- Intent and License Agreement, and adopt Resolution No. 99-206 amending the Fee Resolution. Motion carried 5-0. X[H OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said 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. 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: Tyra-Lukens moved to adjourn the meeting. Mayor Harris adjourned the meeting at 10:05 p.m.