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HomeMy WebLinkAboutCity Council - 04/15/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 15, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Brownie Troop 10914 from Cedar Ridge Elementary School for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS A. ARBOR DAY PROCLAMATION Mayor Young read a proclamation proclaiming May 3, 2008 as Arbor Day in the City of Eden Prairie. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 18, 2008 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, March 18, 2008, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18, 2008 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, March 18, 2008, as published. Motion carried 5-0. CITY COUNCIL MINUTES April 15, 2008 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS Lotthammer said the next two items on the agenda relate to the proposed art center to be gifted to the City. He said in late 2007, the family of Roger Sampson approached City of Eden Prairie staff to offer a donation of a building that was once used by Roger Sampson as a private art center. At the January 22, 2008 City Council Meeting, the City Council directed the Arts and Culture Commission to research how to effectively operate a community arts center and make a recommendation back to the Council in sixty days. The Arts and Culture Commission formed a task force to research the art center. He acknowledged the people involved in the process that were present at tonight's meeting, including members of the Sampson family and members of the Arts and Culture Commission. He then introduced Ann Rorem, Chair of the Arts and Culture Commission, who gave the report of the Art Center Task Force. A. ART CENTER TASK FORCE REPORT Ms Rorem said the Art Center Task Force, made up of members of the Arts and Culture Commission, met almost weekly at the Sampson building over the past three months to research the art center. Working with Parks and Recreation Department staff, the Facilities staff, the Finance Department staff, local architect Dan O'Brien, and local art expert Barbara Kaerwar, the Task Force developed a mission statement, determined potential programming, researched the physical modifications needed to renovate the building, developed operating budgets, explored fundraising possibilities, and set up a timeline for the building renovation. She said they were often approached by residents who expressed their desire to participate in the center and their belief the facility will be a great asset to the City. Lotthammer said the Task Force looked at art centers in several other cities. Although it was difficult to compare the various art centers they visited, they found that the Sampson building works very well for instructional programs. He said funds will be required for the renovation and operating of the facility, noting code requires some modifications to the building for public use. He said the operating projections include revenue from fees for classes but does not include any money from grants or fundraising activities. Any fundraising would make the budget look even better. He noted they anticipate the art center could be completed by December of 2008 if the proposal is accepted. Nelson thanked the members of the Arts and Culture Commission for completing the rigorous meeting schedule and commended them for their attention to detail and their willingness to work on this project. Young said he was prepared to accept the Task Force report. He noted there was an occasional reference in the report to the use of General Fund dollars to pay for capital costs, and he thought it was important to keep open the issue of private fundraising of capital dollars to help fund the facility. He was also concerned that they appeared to contemplate adding to the Parks and Recreation staff, and he encouraged them to use the current staff before adding to the City payroll in order to complete this facility. CITY COUNCIL MINUTES April 15, 2008 Page 3 MOTION: Butcher moved, seconded by Nelson, to accept the Art Center Task Force Report dated April 15, 2008, as presented and submitted by the Arts and Culture Commission. Motion carried 5-0. B. SAMPSON PROPERTY DONATION (Resolution 2008-43) Butcher said she was aware that the furnishings on the inside of the building have been distributed and wondered if the small kiln was part of the distribution. Lotthammer said it was. Aho said he would like to discuss the cost of the facility a little more. He asked if the $326,000 would be a one time capital cost for renovations of the building. Lotthammer said it would be. Aho asked if there would be about$50-60,000 above the revenues from programs needed each year to operate the facility. Lotthammer said the difference between revenue and expenses would be in the mid-$70,000's without any grants or fundraising money. Nelson thought this is going to be a very economical place and she liked the figures they put together. She thanked the Sampson family because this will be a very good thing for the community. Residents have stopped her to tell her how much they look forward to this center. Duckstad said Mr. Lotthammer referred to the transfer of the property to the City. The resolution does not say anything about the City leasing the proposed gift to something like a non-profit corporation or a 501-C3,but he assumed that would still be permissible. Rosow replied the resolution is drafted to give the City wide discretion in use of the building and inherent in that concept is the ability to contract with others to provide services and leasing the building in total to a company to provide those services. Duckstad said he thought the report covered a lot of useful material, and he thanked them for their report. He also thanked the Sampson family for the generous gift. He noted the report pointed out in a couple of places that when they checked into funding donations some potential benefactors said they would restrict their giving to non-profit corporations similar to how it was done in Bloomington. Neal said he had a discussion with the Bloomington City Manager about this issue and there are funding agencies, trusts and foundations that have a stated restriction in their by- laws of only giving money to non-profits. That is one of the reasons the City of Bloomington formed a non-profit Friends of the Art Center group, and that is why we would recommend we form a similar group here. It is not unusual for libraries and art centers to have those kind of entities created. Duckstad said the inception of an art center in Eden Prairie is a good idea, however we do not have any funding donations that are actually committed at this time to help fund this initiative. Once the property is given to us, we have the job of attempting to raise money to operate it. Lotthammer said we would do that to attempt to offset operating costs. Duckstad asked who in the City would make sure there was every effort made to raise funds or set up some kind of an endowment to CITY COUNCIL MINUTES April 15, 2008 Page 4 pay for this. Lotthammer said the Task Force discussed having a person who is knowledgeable and experienced in the arts area who could help with contacting the funding community and who knows what grants are out there. It would be important to have someone that could go out and find those extra dollars and fit our niche into those grant applications, and it would be important to have someone who understands the art business. We have people coming to us about instructing,but we need someone who could discern quality and also negotiate a contract and work with the Finance Department. As they talked through it with the Task Force and staff, it was hard to see us taking it fully in-house. We looked at coming up with a good design plan but would like to have someone well qualified in this niche area. Duckstad noted the report showed a wide range of art forms, activities and programs and asked who would get to decide what we are going to put in the center. Lotthammer said the Task Force discussed that in a brain-storming session. They discussed what things were not being served now, such as pottery, glass blowing and metal working, all of which need dedicated space. The Task Force viewed those as things we would focus on and would stay with the current locations for some of the programming. They discussed working with home schools during the day and talked with MacPhail about using the center as a satellite service during the day. Some things will come to us,but some things we will have to event create. Duckstad asked if this is going to be operated by the Parks and Recreation Department in the beginning. Lotthammer said they thought that is the way to get it up and running and it seemed like the most logical way to do it in a responsible and quick fashion. Duckstad asked if they have considered doing a survey of the public as to what they want specifically. Lotthammer said it is possible to do a survey but he thought we have a good basic feel. He said it may be a matter of trial and error in the beginning, and he said any input and feedback from the public would be welcome. Duckstad asked if they had given any thought to whether there is a fund available in the City to take care of the startup costs. He asked if they would be willing to put off some of the other capital improvements long enough to get this program going without having additional operating expenses. Neal said we have a proposal for that. We have had a fund for the last five years called the Settlers West Fund which came to us as part of a development incentive grant. It has no restrictions and some of it was used to pay back some utility extension costs. There is $400,000 plus in our CIP that is un-programmed, and we can tap that fund for this sort of project; however, before we take that money we should look to the community for funding. We would like to be able to point to a vision of what we need money for before we go out asking for donations. Private parties are much better at raising money than is the City, so that is another reason to look at a "Friends of the Art Center" group to bring in private money. Young said he appreciated Council Member Duckstad's comments. He struggled with the idea of what to compare the art center to in terms of defraying the costs; CITY COUNCIL MINUTES April 15, 2008 Page 5 that is, is it like the Community Center and the 3rd sheet of ice, or more like the Senior Center and the Outdoor Center. He thought it has elements of both and his hope and expectation is that we move forward with some element of hope for private fund raising, short of relying on the General Fund. Butcher said, as a long-time museum curator, this is very exciting. She didn't know what it will be yet and that is the creative part of it. The art center will change over the years to meet the needs of the community and that is exciting. We have a long history of procuring grants in the City, so she is confident we will find the funding we need. This is a rare opportunity and a dream our community has had for a very long time. We have never before been able to have an art center idea come to fruition. She was delighted that Mr. Sampson found his way into the community and had this vision. We have a community of artists who have looked for a venue like this in which to teach, to exhibit, and to learn from other artists. She thought it is a perfect location for this to happen in our community. Neal said they had an opportunity to work with Council Member Duckstad about how to make this work and wanted to thank him for his good ideas on how to structure the deed and the contracts. Duckstad said he was in favor of the art center; however, as a Council Member he also has to represent the citizens of Eden Prairie. He was confident that many want an art center,but he recognized that we also have other needs. The community should have a wide and full opportunity to fund this, and he would hope that the Parks Department or anyone in the City that we can get will aggressively recruit and help in the funding effort. Young thanked the Sampson family for coming tonight and for making this opportunity available to us. He said he hoped we will have an art center that will honor the memory of Roger Sampson. MOTION: Nelson moved, seconded by Butcher, to adopt Resolution 2008-43 accepting the donation of the Sampson building and property for use as an art center. Motion carried 5-0. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT. (Ordinance No. 11-2008 amending Ordinance No. 5-2008-PUD-5-2008 & Resolution No. 08-44 amending Resolution No. 2008-31 by deleting the date of April 30, 2008 and replacing said date with June 15, 2008) C. AWARD CONTRACT FOR WELL#9 RECONDITIONING PROJECT TO BERGERSON-CASWELL CITY COUNCIL MINUTES April 15, 2008 Page 6 D. APPROVE AGREEMENT WITH TKDA FOR WEST 78TH STREET WATER MAIN RELINING PROJECT E. APPROVE 2008 GENERAL FUND BUDGET ADJUSTMENT F. ADOPT RESOLUTION NO. 2008-45 DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS G. ACCEPT THE 2007 GENERAL FUND FINANCIAL RESULTS AND APPROVE FUND TRANSFERS H. APPROVE JOINT AND COOPERATIVE AGREEMENT FOR LEASING SELF-CONTAINED BREATHING APPARATUS I. AWARD CONTRACTS FOR 2008 STREET MAINTENANCE MATERIALS, I.C. 08-5712 J. AWARD CONTRACT FOR 2008 STREET STRIPING TO HIGHWAY TECHNOLOGIES, INC., I.C. 085721 K. AWARD CONTRACT FOR 2008 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING, INC., I.C. 08-5724 L. ADOPT RESOLUTION NO. 2008-46 APPROVING MAINTENANCE AGREEMENT WITH MNDOT FOR THE CARDINAL CREEK TRAIL OUTLET STRUCTURE, I.C. 04-5621 M. APPROVE AMENDMENT TO THE 2008 CIP TO ADD WAYFINDING SIGNAGE AND POSTPONE ANDERSONLAKES PARKWAY/ HOMEWARD HILLS ROAD INTERSECTION PROJECT, I.C. 08-5716 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR WAYFINDING SIGNAGE, I.E. 08-5716 O. AWARD BID FOR RED ROCK LAKE PARK PLAY STRUCTURE TO CLEARWATER RECREATION LLC P. AWARD CONTRACTS FOR EMPLOYEE DENTAL INSURANCE COVERAGE TO HEALTHPARTNERS, LONG TERM DISABILITY COVERAGE TO NATIONWIDE INSURANCE SERVICES,AND LIFE INSURANCE COVERAGE TO CIGNA Q. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS MOTION: Nelson moved, seconded by Aho, to approve Items A-Q on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS CITY COUNCIL MINUTES April 15, 2008 Page 7 A. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03, Zoning District Amendment in the Commercial Regional Service District on 3.03 acres and Site Plan Review on 3.03. Location: 8040 Glen Lane. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Neal said this item is being proposed to be withdrawn with the consent of the applicant. MOTION: Aho moved, seconded by Nelson, to close the public hearing and return the development plans to the proponent without prejudice. Motion carried 5-0. B. EDEN PRAIRIE MARKETPLACE RETAIL Request for: Planned Unit Development Concept Review on 1.25 acres, Planned Unit Development District Review on 1.25 acres, Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: Valley View Road & Prairie Center Drive (Resolution 2008-45 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change) Neal said official notice of this public hearing was published in the April 3, 2008, Eden Prairie News and sent to 10 property owners. The project is a 10,528 square foot retail building. A PUD waiver is required for a front yard parking setback waiver from 17.5 feet to 11.58 feet. The reduced setback allows for a rainwater garden along the north property line and a wider sidewalk at the base of the building. The 120-day review period expires on July 7, 2008. The Planning Commission voted 9-0 to recommend approval of the project at the March 24, 2008 meeting. Jeremiah said the site was originally approved for a bank and that proposal was withdrawn. She said this project with its neighborhood retail and services fits very well with the Major Center Area plans. She was not aware of any confirmed uses at this time,but staff believes it is a good fit for the area. There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Nelson said she was pleased they are going with a rain garden which serves as a way to take care of some of the runoff. Butcher said she also thought it was great they are trying the rain garden and asked if it is a requirement of the Watershed District. Dietz said since we are the Local Governmental Unit(LGU) for the Watershed District now we can require it. CITY COUNCIL MINUTES April 15, 2008 Page 8 Butcher said it appears there are four separate rain gardens and she was curious why we ended up with four. Dietz said he thought it is a tight site and the best we could do was break it up. He does not know a lot about rain gardens but Ms Stovring reviews these plans in detail and she has knowledge of them. These smaller sites were created years ago without this kind of thing in mind so they will have the rain gardens shoehorned in,but the concept of doing it is important enough to try. Butcher asked what the fallback would be if something about it were to be unsuccessful. Jeremiah said there will be a development agreement on this parcel that will deal with the issue of maintaining the rain garden and other issues. Dietz noted these tend to be on private property. Butcher asked if we are using these instead of a NURP pond. Dietz said we can use both. The rain garden reduced the quantity of water running off and the NURP pond deals with water quality. Butcher thought this will be an interesting test for us. Dietz said we have been putting them in most places, such as the LaMettry site and the new fire station. MOTION: Duckstad moved, seconded by Nelson, to adopt Resolution 2008-47 for Planned Unit Development Concept Review on 1.25 acres; and to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS Neal said official notice of this public hearing was published in the April 3, 2008, Eden Prairie News. He said the proposed change is to add another day and time period for temporary offsite directional signs used for selling or leasing a single property. This is a follow up to the discussion earlier this year regarding real estate signs. The proposed change would also allow two (2) temporary off-site directional signs to be located on private property with permission from the property owner between 9:00 a.m. and 3:00 p.m. on Tuesday. The existing code permits two (2) temporary off-site directional signs to be located on private property with the permission of the property owner from 10:00 p.m. Friday to 6:00 a.m. on Monday. Second reading of the ordinance is listed in the Ordinance and Resolution section of the agenda. He noted both readings of the ordinance require a unanimous vote of the Council to pass. The Planning Commission voted 8-0 to recommend approval of the code changes at the March 24, 2008 meeting. Jeremiah said when the issue last came before the Council we talked about a shorter time frame to have the signs out on Tuesdays. After further discussion, it seemed difficult for them to only have them out for two or three hours, so CITY COUNCIL MINUTES April 15, 2008 Page 9 that time period has been expanded a little and a public hearing has been held on that change. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the public hearing and to approve 1st Reading of the Ordinance amending City Code Section 11.70 relating to temporary real estate signs. Motion carried 5-0. D. VACATION OF RIGHT-OF-WAY EASEMENT OVER PART OF EDEN ROAD, VACATION 08-01 (RESOLUTION 2008-48) Neal said official notice of this public hearing was published in the March 27, 2008, Eden Prairie News and sent to 3 property owners. He said the property owner has requested the vacation of the public right-of-way easement over a part of Eden Road to facilitate the proposed Windsor Plaza development plan. The requested vacation will remove the underlying encumbrance consisting of the right- of-way easement for a portion of Eden Road to accommodate the Windsor Plaza development project. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. The project will provide cross-access to the existing uses that will continue to take access from Eden Road. Dietz said this is a housekeeping item. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2008-48 vacating the public right-of-way easement over part of Eden Road. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 12-2008 AMENDING CITY CODE SECTION 11.70 RELATING TO TEMPORARY REAL ESTATE SIGNS Neal said this is second reading of the ordinance just approved in Item IX.C. and requires a unanimous vote of the Council to approve. MOTION: Nelson moved, seconded by Aho, to approve 2nd Reading of Ordinance No. 12-2008 amending City Code Section 11.70 relating to temporary real estate signs and adopt resolution approving summary publication. Motion carried 5-0. CITY COUNCIL MINUTES April 15, 2008 Page 10 B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS Neal said this item has been before the Council a couple of times this year and the Council has provided feedback to staff both times. He said staff has amended the ordinance in the following areas: 1. Dynamic display would be permitted in the TC-C (commercial) district of the Town Center. There are 3 sub-districts of the Town Center, including commercial, mixed use and residential. Dynamic display would be prohibited in the TC-MU (mixed use) and TC-R(residential) districts of the Town Center. 2. Dynamic display would be permitted in the Public (PU) district. This would apply to schools, parks, and churches. 3. Allow 35% of a sign area to be dynamic. There are signs with dynamic display in the City. The amount of dynamic display per sign varies from 15- 35% of the sign area. The City of Minnetonka allows a dynamic display to occupy no more than 35 percent of the actual copy and graphic area. 4. Certification of Brightness. This is a written certification from the manufacturer that the sign conforms to city brightness standards. Jeremiah said she wanted to point out the addition regarding enforcement which is a compromise. If there are complaints, staff would use the less expensive light meter to check it out,but if we believe there may be a violation then we would ask the sign manufacturers to use their own more expensive equipment to measure the brightness. Young said when we last discussed dynamic displays there was discussion about what happens if a request for a dynamic display sign is submitted during the interim period. The response received was that our current ordinance does not allow dynamic displays so there was no fear of that. Rosow said that was correct. Young said he understood that the City's sign at Purgatory Creek was a dynamic display and asked if that is an illegal sign. Rosow said because this is a zoning matter there are several pre-existing signs in the community that are considered legal non-conforming signs and the City sign is one of those. He thought the City was going to comply with its own ordinance. He noted the issue of dynamic displays came in during the Advance Media litigation. Young asked if we can expect the manufacture to provide a written certification and then to help enforce the ordinance. Jeremiah said she understood that they can and will provide that certification. Duckstad asked if they will charge the City for the certification. Jeremiah said they will provide it without charge to the City as part of the permit process. Neal said they have to demonstrate to us they are in compliance. CITY COUNCIL MINUTES April 15, 2008 Page 11 Rosow noted it is not necessary for the Council to remove the item from the table and reopen discussion as part of the motion. Young asked if we have already had a Public Hearing. Rosow said there was a Public Hearing the first time it was brought to the Council, and the Council continued to have discussion of the item at subsequent meetings. MOTION: Butcher moved, seconded by Duckstad, to approve 1St Reading of the Ordinance amending City Code Section 11.70,relating to dynamic displays. Motion carried 5-0. C. SECOND READING OF ORDINANCE NO. 10-2008 AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS AND ADOPTING RESOLUTION NO. 2008-49 APPROVING SUMMARY ORDINANCE Neal said the Council just approved first reading of this item and noted it must be approved by a unanimous vote. MOTION: Aho moved, seconded by Duckstad, to approve 2nd Reading of Ordinance No. 10-2003 amending City Code Section 11.70,relating to dynamic displays and adopt Resolution No. 2008-49 approving summary publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. City Manager Performance Review Per the Council's direction, Neal said he engaged Mr. Bruhl from PDI to do the review. He is seeking feedback from City Council members and City employees. Neal said the next Council workshop will be a closed session for the Council to meet with Mr. Bruhl. He noted Mr. Bruhl will also attend the next Council meeting. Young said he thought all of the Council Members should have been contacted to provide their feedback. Butcher asked when that is due. Neal said it is due by April 21. 2. April Chamber of Commerce Meeting Neal said he received an announcement from Pat Mulqueeny that Governor Pawlenty will speak at the June 18 Chamber luncheon. CITY COUNCIL MINUTES April 15, 2008 Page 12 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY Rosow said the Court of Appeals announced their decision today on a case that was prosecuted by the City. The case arose out of a DWI arrest and prosecution. Recently the defense to these actions has included a request for the source code of the intoxilyzer machine. The request is made because the company that sold the machines to the states has refused to give out the source code, so the request from the defense is difficult to honor. The state has brought a law suit against the manufacturer to obtain the source code. The Court of Appeals affirmed the action of the District Court which convicted the individual and disallowed the defense that the individual was not allowed access to the source code because there were other means of testing the reliability of the machine. He said we are likely to see a request for the Supreme Court to review this because this is a battle that is actually going on across the United States. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:15 PM.